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70% state share: Yes (required). The South Dakota Opioid Advisory Committee, which is required to establish a process for receiving input from South Dakota’s “communities, provider organizations, and cities and counties,”[1] includes a dedicated public comment period at the end of its meetings.[2] Visit the Advisory Committee’s website to find meeting dates and agendas. The Advisory Committee must meet at least twice annually and make formal spending recommendations at least once annually.[3]
30% local share: Generally, yes. Though local governments are not required to seek public input as to settlement spending specifically, South Dakota’s Open Meetings Laws require local governments to accept public comments during their public meetings.[4] Take advantage of this requirement by showing up to meetings of your local governing body and offering comments on local settlement spending.
Yes. Visit this website to learn more about the Opioid Settlement Fund Community Grant Program.[5] Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the Opioid Settlement Community Grants Portal (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organization.
For updates on the state share, visit the South Dakota Opioid Advisory Committee’s website. See also Department of Health’s Prescription Opioid Abuse Prevention Initiative.
To find updates on the local share, a good starting point is to check the websites for your board of county commissioners, city council, or local health department. The South Dakota Department of Social Services maintains a list of local contacts, and you can also review the state’s annual reports on opioid funding (the 2023 report includes the amount of settlement funds distributed to local governments, and the 2024 report will include information on their “[p]rograms, strategies, and projects funded”).[6]
Not applicable.
The Advisory Committee is required to “establish a process for receiving input from South Dakota’s communities, provider organizations, and cities and counties regarding how the opioid crisis is affecting their communities, understanding their abatement needs, and considering proposals for opioid abatement strategies and responses.” South Dakota Opioid Settlement Memorandum of Agreement Sec. IX(C). ↑
See, e.g., Meeting Agenda. South Dakota Opioid Abuse Advisory Committee. August 29, 2024. Accessed September 1, 2024. ↑
S.D. Codified Laws Sec. 1-25-1 (“The public body shall reserve at every official meeting a period for public comment, limited at the public body’s discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment”) and Sec. 1-25-12(1) (defining “political subdivision”), (2) (defining “public body” to mean “any political subdivision and the state”). ↑
Behavioral Health Funding Opportunities and Grant Information. South Dakota Department of Social Services. Accessed September 1, 2024. ↑
Appendix C: 2022 Report of Participating Local Governments. Federal Opioid Funding State of South Dakota Annual Report 2023. South Dakota Department of Health and Department of Social Services. ↑
Here are the entities that ultimately decide how each of South Dakota’s opioid settlement shares are spent:
70% state share: South Dakota Department of Social Services
30% local share: local officials for cities and counties
Yes. The South Dakota Opioid Settlement Memorandum of Agreement (MOA) creates a 22-member Advisory Committee to receive public input, consider proposals for opioid abatement strategies, and provide formal recommendations to the Secretary of the Department of Social Services on the use of settlement funds in the state share.[1] The Advisory Committee’s bylaws detail its responsibilities, which include:[2]
Establishing eligibility criteria for distributing monies from the state share, including distribution by grant.
Establishing criteria to allocate the state share among the state’s five behavioral health regions and political subdivisions.
Establishing criteria regarding core strategies and approved uses of state share funds.
Receiving grant applications and recommending grant award processes, recipients, and amounts.
Establishing processes and criteria for evaluating uses of state share funds, including outcome reporting.
Establishing processes to receive public input on opioid use disorder, co-occurring substance use and mental health disorders, and associated abatement needs and responses.
The Advisory Committee is required to meet at least twice annually and formally recommend expenditures at least once annually.[3]
No. Neither South Dakota’s MOA nor the Advisory Committee bylaws require the Advisory Committee to include individuals with lived and/or living experience.
The 22-member Advisory Committee includes six state representatives, six local government representatives, five expert representatives, and five at-large representatives.[4] Specifically, the Advisory Committee includes:[5]
A representative of the South Dakota Department of Health.
A representative of the South Dakota Department of Social Services.
A representative from the South Dakota Board of Pharmacy.
A representative from the South Dakota Board of Medical & Osteopathic Examiners.
A representative of the state Attorney General.
A member of the South Dakota legislature.
City/county representatives (or their designees) from each of the state’s five behavioral health regions, recommended by the mayors of Rapid City, Sioux Falls, Pierre, Aberdeen, Brookings, and Yankton.[6]
Five expert representatives drawn from fields such as public health, pharmacology, epidemiology, emergency medicine, behavioral health, and recovery.
Five at-large representatives “who bring a perspective related to opioid abatement.”
Advisory Committee members serve three-year terms and may serve more than one term.[7] Current Advisory Committee members are listed on the South Dakota Department of Health’s website.
No (up to each locality). Local governments in South Dakota are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.
Not applicable.
This Community Guide will describe how South Dakota is spending its opioid settlements, and whether South Dakota is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.
Ultimate Decisionmaker
Local officials for cities and counties
Decision-making Process
South Dakota Department of Social Services decides how to spend legislatively appropriated funds after consulting the recommendations of the .
Localities decide autonomously but must certify proper uses to the (counties must also consult their cities and towns).
Supplantation
Not prohibited
Not prohibited
Grant Funding
Yes. See the .
Up to each locality (availability and processes will vary)
Public Input
Yes (required)
Generally, yes (public comments required at public meetings)
Advisory Body
Yes (required). See the .
The Committee is not required to include member(s) with lived and/or living experience.
Up to each locality (not required)
Expenditures
Public reporting required. See the Departments of Health and Social Services’ (e.g., and ).
No public reporting required (only intrastate), but see Departments of Health and Social Services’ (beginning ).
Updates
For updates on the state share, visit the South Dakota Opioid Advisory Committee’s . See also Department of Health’s .
To find updates on the local share, a good starting point is to check the websites for your board of county commissioners, city council, or local health department. The South Dakota Department of Social Services maintains a , and you can also review the state’s annual reports (the includes local governments’ distribution amounts).
The Opioid Abatement and Remediation Fund holds South Dakota’s state share of opioid settlement funds.[1]
This share must be spent “exclusively to abate and alleviate the opioid crisis,”[2] and attorneys’ fees and reimbursement uses are explicitly prohibited for this share.[3] South Dakota defines “Approved Use(s)” as uses that “fall within” or are “otherwise consistent with” of its MOA.[4]
of South Dakota’s MOA largely mirrors the national settlement agreement’s Exhibit E, ,[5] which includes treatment, prevention, harm reduction, and other strategies.
Opioid Advisory Committee recommends, Department of Social Services decides. The South Dakota (DSS) ultimately decides specific expenditures for this share after consulting the recommendations of the .[6] In making its recommendations, the Advisory Committee is required to create a process for receiving input from the state’s localities, provider organizations, and communities.[7] DSS must then make a “good-faith effort” to incorporate the Advisory Committee’s recommendations into the state’s annual budget and publicly provide a written explanation to the Advisory Committee of any substantial deviations from the recommendations.[8]
In 2023, DSS established a to distribute 25% of this share to community organizations that partner with local governments.[9] The grant program is managed by the DSS Division of Behavioral Health and is just one of DSS’s investments from this share.[10]
No, supplantation is not prohibited. Like most states, South Dakota does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.
Yes (public reporting required). South Dakota’s MOA requires the state to publish an annual report that includes expenditures from this share, including any grants awarded (recipients, disbursement terms, and projects funded) online.[11] View annual reports .[12]
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
South Dakota’s local share is distributed directly to its 66 according to the percentages listed in the MOA’s .[1]
With limited exceptions,[2] this share must be spent on uses that “fall within” or are “otherwise consistent with” of its MOA.[3] Reimbursement uses of opioid settlement funds are specifically prohibited statewide.[4]
of South Dakota’s MOA largely mirrors the national settlement agreement’s Exhibit E, ,[5] which includes treatment, prevention, harm reduction, and other strategies.
Local governments decide autonomously (but must certify proper uses and counties consult their cities and towns). Decisionmakers for the cities and counties decide for themselves how to spend their monies on Approved Uses,[6] provided that counties “regularly consult with and receive input” from their cities and towns and make “reasonable and good faith efforts” to collaborate with them on fund uses.[7] Additionally, localities must certify to the — before and after spend — that funds were used according to of South Dakota’s MOA.[8]
No, supplantation is not prohibited. Like most states, South Dakota does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.
Up to each locality (no public reporting required, only intrastate). Opioid settlement expenditures are not officially published in a centralized location for this share, and local governments are required to report its expenditures only to the Advisory Committee.[9] The state has committed to include information on projects and strategies funded by local governments in its 2024 annual report,[10] but the specificity of any expenditure information remains to be seen.
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
S.D. Codified Laws Sec. 34-20B-116(1). , ↑
. See also (“The Statewide Share must be used only for (1) Approved Uses within the State of South Dakota or (2) grants for Approved Uses within the State of South Dakota”). ↑
(providing that the state’s attorneys’ fees will not be drawn from the “Statewide Share”) and (“Regardless of allocation, all Opioid Funds must be used in a manner consistent with the Approved Purposes definition. No Opioid Funds will be used as restitution for past expenditures. Rather, Opioid Funds must be used in a present and forward-looking manner”). ↑
(“‘Approved Use(s)’ means purposes related to opioid abuse treatment, prevention, and recovery programs that fall within, or otherwise consistent with, the list of uses set out in Exhibit A, attached hereto and incorporated herein by reference”). ↑
The differences are superficial and non-substantive. Note that the national settlements provide for administrative expenses as an approved use, which South Dakota may incorporate but does not state expressly. See I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑
S.D. Codified Laws Sec. 34-20B-116 (requiring the legislature to assign Opioid Abatement and Remediation Fund expenditures to the Department of Social Services), (describing the Department of Social Services as the “lead agency responsible for distributing and using the Statewide Share in a manner that in its judgment will best address the opioid crisis within the State”), and (requiring the Advisory Committee to provide recommendations to DSS on “Statewide Share” uses). ↑
. ↑
. ↑
DSS Press Release. October 30, 2023. Accessed August 26, 2024. (“The Department of Social Services (DSS) recently launched the South Dakota Opioid Settlement Fund Community Grant Program”). . DSS. Accessed August 26, 2024. (“Opioid Settlement Fund Community Grant Program DSS utilizes 25% of the statewide share to support South Dakota Organizations efforts to abate and alleviate the impacts of the opioid crisis and co-occurring substance use challenges in South Dakota communities”). . DSS. Accessed August 26, 2024 (“Applicants are limited to South Dakota-based organizations,” and “partnering with a participating local government is required for applications to this program”). Review a list of grantees from the Spring 2024 grant cycle . ↑
See, e.g., . DSS. August 8, 2024. Accessed August 26, 2024. ↑
. ↑
See, e.g., . South Dakota Department of Health and South Dakota Department of Social Services. 2023. Accessed September 1, 2024. ↑
This includes 1) counties and 2) cities or towns with populations over 10,000. . Cf. (“68 partnering counties/cities”). Participating localities excludes the minority of localities that opted to redistribute their shares to the state, as permitted by the MOA. . See also Caleb Barber. . Mitchell Republic. Oct. 17, 2023. Accessed August 26, 2024 (“Thirteen county governments declined to participate in the funding distribution: Bennett, Buffalo, Day, Douglas, Haakon, Hamlin, Hyde, Kingsbury, Lyman, Marshall, Miner, Moody and Stanley. That resulted in about $20,000 going back to the state pile of funds to be distributed. Commissioners for the county governments that chose not to participate in the settlement funds cited the odd intervals and negligible amounts as being a main reason why they decided against accepting them”). ↑
(providing merely that no attorneys’ fees will be drawn from the “Statewide Share,” and perhaps implying by omission that local governments’ attorneys’ fees will be drawn out of their own “Localized Share”).There are only superficial differences between the national settlement’s Exhibit E and South Dakota’s Exhibit A. Note that the national settlements provide for administrative expenses as an approved use, which South Dakota may incorporate but does not expressly state. I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). See also Makenzie Huber. . South Dakota Searchlight. August 28, 2023. Accessed August 26, 2024 (“Pennington County is arguing in court that the state should recalculate its national opioid settlement amounts to pay the county’s litigation costs. … It owes 15% of its entire Janssen settlement in legal fees, which as of the third round of settlements adds up to roughly $14,000, not including future allocations”). ↑
(“‘Approved Use(s)’ means purposes related to opioid abuse treatment, prevention, and recovery programs that fall within, or otherwise consistent with, the list of uses set out in Exhibit A, attached hereto and incorporated herein by reference”). (The Localized Share must be used only for (1) Approved Uses by Participating Local Governments or (2) grants for Approved Uses”). ↑
. ↑
The differences are superficial and non-substantive. Note that the national settlements provide for administrative expenses as an approved use, which South Dakota may incorporate but does not expressly state. See I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑
. ↑
. See also (“Notwithstanding any term of this MOA, Participating Local Governments may collaborate with local governments both within and beyond their borders for the purpose of more effectively using Opioids Funds to abate the opioid crisis”). ↑
. ↑
. ↑
. South Dakota Department of Health and South Dakota Department of Social Services. 2023. Accessed August 26, 2024 (“Participating local governments’ awards were made in Calendar Year 2023 due to the original disbursement occurring at the very end of 2022. Programs, strategies, and projects funded by participating local governments will be included in the 2024 Annual Opioid Report”). ↑
$54.48 million[1]
[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.
70% to the state and 30% to local governments
State-Local Agreement (South Dakota Opioid Settlement Memorandum of Agreement); Legislation (S.D. Codified Laws Sec. 34-20B-116); Bylaws (Bylaws of the South Dakota Opioid Abuse Advisory Committee)