Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. South Carolina state law and the South Carolina Opioid Settlement Allocation Agreement establish the 9-member South Carolina Opioid Recovery Fund Board (SCORF Board) to manage and disburse the monies in the South Carolina Opioid Recovery Fund.[1]

The SCORF Board is required hold at least four regular meetings each year,[2] but it has met more frequently throughout 2023 and 2024.[3] SCORF Board meetings generally must be open to the public and conducted in accordance with the South Carolina Freedom of Information Act.[4]

Is the state advisory body required to include member(s) with lived and/or living experience?

No. Neither state law nor the Allocation Agreement requires the SCORF Board to include individuals with lived and/or living experience.

What is the overall membership of the state advisory body?

The SCORF Board has nine members:[5]

• A chairperson appointed by the governor

• A member appointed by the president of the state senate

• A member appointed by the speaker of the state house of representatives

• Three members appointed by the governor, one member appointed by the speaker of the state house of representatives, and one member appointed by the president of the state senate from a list of individuals provided by the South Carolina Association of Counties. At least one member must be selected from each of South Carolina’s public health regions[6]

• A member appointed by the governor from a list of individuals provided by the Municipal Association of South Carolina.

Current SCORF Board members are listed on the Board’s website.

Qualifications: SCORF Board members must either “academic, medical, licensed health, or other professionals with significant experience in opioid prevention, treatment, or intervention” or “individuals who can represent the interest of the victims and families of victims of opioid overuse or misuse.”[7] SCORF Board members may not have been previously convicted of a felony,[8] but appointing authorities are encouraged to ensure nondiscrimination “to the greatest extent possible” by considering “race, gender, national origin, and other demographic factors”[9]

Terms: SCORF Board members are appointed for four-year terms.[10]

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality) (but see SCORF Board[11]). Local governments in South Carolina are not required to individually establish opioid settlement advisory bodies. However, localities may choose to establish their own advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

The SCORF Board’s role in disbursing funds from the Guaranteed Political Subdivision Subfund is ministerial, meaning that the Board does not have any discretion to deny a request unless it is for an impermissible purpose or the jurisdiction has insufficient funds available.[12]

Citations

1. S.C. Code Ann. Sec. 11-58-70(A)-(B); South Carolina Opioid Settlement Allocation Agreement, Exhibit A. See also About Us. SCORF Board website. Accessed September 1, 2024 (“The South Carolina Opioid Recovery Fund (SCORF) Board was created by legislation as a requirement of the South Carolina Opioid Settlement Allocation Agreement”). ↑
2. S.C. Code Ann. Sec. 11-58-70(G); South Carolina Opioid Settlement Allocation Agreement, Exhibit A Sec. I(C)(2)(a). ↑
3. See SCORF Board Meetings. SCORF Board website. Accessed September 1, 2024. ↑
4. S.C. Code Ann. Sec. 11-58-70(K) (“In addition to the provisions of Section 30-4-70, the board may enter into executive session to receive legal advice or to address a potential conflict of interest by a member”); South Carolina Opioid Settlement Allocation Agreement, Exhibit A Sec. I(C)(2) (“The Board may convene in a closed, non-public meeting pursuant to section 30- 4-70 of the South Carolina Code. All minutes and documents of a closed meeting shall remain under seal, subject to release only upon order of a court of competent jurisdiction”). The South Carolina Freedom of Information Act does not establish any generally applicable requirement that public bodies allow public comments at open meetings. See Keep Public Comment Periods Calm. Municipal Association of South Carolina. Accessed September 1, 2024: “Public comment — a time set aside to hear from the public on any number of issues — is not the same thing as the public hearings required by state law. … public comment periods beyond those required in state law are not necessary.” ↑
5. S.C. Code Ann. Sec. 11-58-70(B). ↑

6. Public health regions are defined by the South Carolina Department of Health and Environmental Control. S.C. Code Ann. Sec. 11-58-70(B)(4). ↑
7. S.C. Code Ann. Sec. 11-58-70(C)(1); South Carolina Opioid Settlement Allocation Agreement, Exhibit A Sec. I(A)(1). ↑
8. “[O]r a crime of moral turpitude.” S.C. Code Ann. Sec. 11-58-70(C)(1). ↑

9. S.C. Code Ann. Sec. 11-58-70(C)(2). ↑

10. S.C. Code Ann. Sec. 11-58-70(F)(3). Note that the initial term of the chairperson and the four members appointed by the governor from the list provided by the South Carolina Association of Counties is six years. S.C. Code Ann. Sec. 11-58-70(F)(1). See also South Carolina Opioid Settlement Allocation Agreement, Exhibit A Sec. I(B). ↑
11. The SCORF Board exercises ministerial, and not discretionary, powers over localities’ shares. See Decision-making Process for more. ↑

12. South Carolina Opioid Settlement Allocation Agreement, Exhibit A Sec. II(A) (“The Board shall have the mandatory ministerial obligation to distribute funds to the Political Subdivision upon receipt and review of an application that meets the requirements set forth herein”). See also S.C. Code Ann. Sec. 11-58-50(B)(1)-(4) (“The South Carolina Opioid Recovery Fund Board shall authorize payments from the Guaranteed Political Subdivision Subfund to requesting entities … if all of the following requirements are met”) (emphasis added). ↑