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This Community Guide will describe how South Carolina is spending its opioid settlements, and whether South Carolina is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.
Ultimate Decisionmaker
Local officials for counties, cities, and towns
Decision-making Process
Localities and their approved entities apply for funding from this share, and the must approve applications if made for approved abatement strategies.
The scores proposals and approves funding.
Yes. South Carolina and the South Carolina Opioid Settlement establish the 9-member (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] generally must be open to the public and conducted in accordance with the South Carolina Freedom of Information Act.[4]
49-79% Guaranteed Political Subdivision Subfund share: Up to each locality (not required). Local governments are not required to seek public input on uses of their monies from this share. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.
Coffee Chats. Though not publicized as a public input opportunity specifically, the Boardâs website does provide a calendar of its âCoffee Chats,â held on the first Friday of each month, which provide an opportunity for members of the public to âask questions and hear announcements about the Opioid Settlement Funds.â[2]
Yes. Visit the SCORF Boardâs application page to see current funding opportunities. Local governments may create grant programs to distribute funds from the Guaranteed Political Subdivision Subfund share. 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 organizations.
To find updates on the Guaranteed Political Subdivision Subfund share, a good starting point is to check the websites for your board of county commissioners or city council. You can also visit the South Carolina Opioid Recovery Fund Boardâs website, which hosts an accounting of funding awards from both subfunds.
For updates on the Discretionary Subfund share, visit the South Carolina Opioid Recovery Fund Boardâs website, which hosts an accounting of funding awards from both subfunds.
You can also sign up for updates from Community Education Groupâs Appalachian Opioid Remediation (AOR) Database, which tracks information about the 13 states of Appalachia.
Not applicable.
If you see this change, email [email protected]. â
âIn 2023, the SCORF Board Staff began hosting a monthly âCoffee Chatââ a virtual meeting open to the public on the first Friday of each month with announcements and a variety of educational presentations. In 2023, topics presented included community planning, overdose maps, recovery housing, and support services. The âCoffee Chatâ will also host presentations from community members who have received opioid settlement funds to share their projects with the statewide audience.â 2023 Annual Report (see âSC OPIOID RECOVERY FUND 2023 HIGHLIGHTSâ). SCORF Board. June 26, 2024. â
Supplantation
Prohibited
Prohibited
Grant Funding
Yes. See the SCORF Boardâs Apply for Opioid Recovery Funds page.
Yes. See the SCORF Boardâs Apply for Opioid Recovery Funds page.
Public Input
Up to each locality (not required)
No opportunities available (not required)
But see SCORF Boardâs Coffee Chats
Advisory Body
Up to each locality (not individually required). But see South Carolina Opioid Recovery Fund (SCORF) Board, which exercises only ministerial authority over this share.
The SCORF Board is not required to include member(s) with lived and/or living experience.
Yes (required). See South Carolina Opioid Recovery Fund Board, which exercises discretionary authority over this share.
The SCORF Board is not required to include member(s) with lived and/or living experience.
Expenditures
Public reporting required. View the SCORF Boardâs annual reports here.
Public reporting required. View the SCORF Boardâs annual reports here.
Updates
To find updates on the Guaranteed Political Subdivision Subfund share, a good starting point is to check the websites for your board of county commissioners or city council. You can also visit the South Carolina Opioid Recovery Fund Boardâs website, which hosts an accounting of funding awards from both subfunds.
For updates on the Discretionary Subfund, visit the South Carolina Opioid Recovery Fund Boardâs website, which hosts an accounting of funding awards from both subfunds.
$622.41 million[1]
[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.
49%-79% to local governments and 19%-49% to a statewide fund
State-Local Agreement (South Carolina Opioid Settlement Allocation Agreement); Legislation (S.C. Code Secs. 11-58-10 through 11-58-100)
Here are the entities that ultimately decide how each of South Carolinaâs opioid settlement shares are spent:
49-79% Guaranteed Political Subdivision Subfund share: local officials for counties, cities, and towns
19-49% Discretionary Subfund share: South Carolina Opioid Recovery Fund (SCORF) Board
No. Neither state law nor the Allocation Agreement requires the SCORF Board to include individuals with lived and/or living experience.
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 Carolinaâs public health regions[6]
A member appointed by the governor from a list of individuals provided by the .
Current SCORF Board members are listed on the Boardâs website.
Qualifications: SCORF Board members must either âacademic, medical, licensed health, or other professionals with significant experience in opioid prevention, treatment, or interventionâ or âindividuals who can represent the interest of the victims and families of victims of opioid overuse or misuse.â[7] SCORF Board members may not have been previously convicted of a felony,[8] but appointing authorities are encouraged to ensure nondiscrimination âto the greatest extent possibleâ by considering ârace, gender, national origin, and other demographic factorsâ[9]
Terms: SCORF Board members are appointed for four-year terms.[10]
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.
The SCORF Boardâs 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]
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 (âThe South Carolina Opioid Recovery Fund (SCORF) Board was created by legislation as a requirement of the South Carolina Opioid Settlement Allocation Agreementâ). â
S.C. Code Ann. Sec. 11-58-70(G); South Carolina Opioid Settlement Allocation Agreement, Exhibit A Sec. I(C)(2)(a). â
See SCORF Board Meetings. SCORF Board website. Accessed September 1, 2024. â
S.C. Code Ann. Sec. 11-58-70(K) (âIn 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 memberâ); (âThe 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 jurisdictionâ). The South Carolina Freedom of Information Act does not establish any generally applicable requirement that public bodies allow public comments at open meetings. See . Municipal Association of South Carolina. Accessed September 1, 2024: âPublic comment â a time set aside to hear from the public on any number of issues â 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.â â
S.C. Code Ann. Sec. 11-58-70(B). â
are defined by the South Carolina Department of Health and Environmental Control. S.C. Code Ann. Sec. 11-58-70(B)(4). â
S.C. Code Ann. Sec. 11-58-70(C)(1); . â
â[O]r a crime of moral turpitude.â S.C. Code Ann. Sec. 11-58-70(C)(1). â
S.C. Code Ann. Sec. 11-58-70(C)(2). â
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 . â
The SCORF Board exercises ministerial, and not discretionary, powers over localitiesâ shares. See Decision-making Process for more. â
(âThe 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 hereinâ). See also S.C. Code Ann. Sec. 11-58-50(B)(1)-(4) (âThe 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 metâ) (emphasis added). â
South Carolinaâs greater Opioid Recovery Fund is divided into two subfunds:[1] the Guaranteed Political Subdivision Subfund (GPSS) and Discretionary Subfund.[2]
The GPSS holds 79% of the greater Recovery Fund through 2025.[3] From 2026-29, the GPSS will hold 78%;[4] from 2030 onward, 49%.[5]
The GPSS is annually allocated to 91 participating counties and municipalities according to Exhibit B of South Carolinaâs state-local agreement,[6] with non-participating subdivisionsâ amounts transferred to the Discretionary Subfund.[7] Entities approved by participating counties and municipalities may also apply for GPSS funds.[8]
Participating localities may transfer their shares to the Discretionary Subfund, and any unused GPSS funds are transferred to the Discretionary Subfund after three years.[9]
Excepting up to 18% for attorneysâ fees,[10] plus other limited exceptions,[11] this share must be spent on Approved Abatement Strategies in of South Carolinaâs state-local agreement,[12] which mirrors the national settlement agreementsâ (non-exhaustive) and includes prevention, harm reduction, treatment, recovery, and other strategies.
The South Carolina Opioid Recovery Fundâs website breaks out approved uses by ââ and ââ .
Local governments decide, South Carolina Opioid Recovery Fund Board disburses. The , an âindependent, quasi-governmental agency,â is responsible for statewide distribution of the South Carolina Opioid Recovery Fund as a whole including the GPSS share.[13] However, its duties and roles vis-aĚ-vis the GPSS are ministerial only and not discretionary:[14] only subdivisions and their approved entities ,[15] and the Board is required to approve their applications if the request conforms with the Boardâs application requirements and if funding is sought for approved abatement strategies.[16]
The SCORF Board must approve or reject GPSS funding applications within 60 days or at its next meeting (âwhichever period is longerâ), then direct funds as requested by the county or municipality upon approval.[17] When the Board denies a request from a county or municipality, it must promptly explain its reasoning.[18]
If a locality does not spend allocated funds within three years, the funds will be transferred to the Discretionary Subfund described in the next section.[19] Localities are encouraged to apply for funding from the Discretionary Subfund to supplement their projects supported by GPSS funds.[20]
Yes, supplantation is prohibited. The South Carolina Opioid Recovery Fund (SCORF) Boardâs states that â[m]oney in the Opioid Funds may not be used to replace existing state or local government funding.â[21] The SCORF Boardâs reiterates the prohibition on supplantation uses of SC Opioid Recovery Fund and adds âfederal fundsâ as a source of monies that cannot be replaced.[22]
Yes (public reporting required). The SCORF Board is required to annually publish a report of all funds spent from the South Carolina Opioid Recovery Fund, including the GPSS share.[23] View its annual reports .
Visit OpioidSettlementTracker.comâs for an updated collection of statesâ and localitiesâ available expenditure reports.
In May 2023, the Board published describing political subdivisionsâ ability to submit a letter of intent (ârather than an applicationâ) to receive $25,000 to âsupport the development of a community action plan.â[24]
For clarity, this Guide will treat the stateâs âAdministrative Subfund,â which holds a static 2%, as an administrative set-aside. (âtwo percent (2%) to the Administrative Subfundâ). See next section for more. â
S.C. Code Ann. Sec. 11-58-40(A) (âThe State Treasurer shall establish the Discretionary Subfund within the South Carolina Opioid Recovery Fundâ) and Sec. 11-58-50(A) (âThe State Treasurer shall establish the Guaranteed Political Subdivision Subfund within the South Carolina Opioid Recovery Fundâ). See also (âThe South Carolina Opioid Recovery Fund shall be divided into the Guaranteed Political Subdivision Subfund and the Discretionary Subfundâ). â
(âFor Opioid Settlement Funds paid by a Pharmaceutical Supply Chain Participant in 2023 through 2025, seventy-nine percent (79%) to the Guaranteed Political Subdivision Subfund, nineteen percent (19%) to the Discretionary Subfund, and two percent (2%) to the Administrative Subfundâ). â
, incl.
(June 2022)
Agreement II.5(c) (âFor Opioid Settlement Funds paid by a Pharmaceutical Supply Chain Participant in 2026 through 2029, seventy-eight percent (78%) to the Guaranteed Political Subdivision Subfund, twenty percent (20%) to the Discretionary Subfund, and two percent (2%) to the Administrative Subfundâ). â
Agreement II.5(d) (âFor Opioid Settlement Funds paid by a Pharmaceutical Supply Chain Participant in 2030 or thereafter, forty-nine percent (49%) to the Guaranteed Political Subdivision Subfund, forty-nine percent (49%) to the Discretionary Subfund, and two percent (2%) to the Administrative Subfundâ). See also Agreement II.8(a)-(c) (describing separate allocation of âAdditional Restitution Amountâ and âAdditional Remediation Amount,â which are âpaid to the State ⌠in lieu of attorneysâ feesâ). â
Agreement I.16 (defining âPolitical Subdivisionâ to mean âany South Carolina county or municipality that participates in one or more Opioid-Related Settlementsâ); Agreement Exhibit A II.A (âEach Political Subdivision will be allocated funds from the Guaranteed Political Subdivision Subfund on an annual basis pursuant to the percentages in Exhibit B. However, a Political Subdivisionâs available allocation shall be calculated based only on the Opioid-Related Settlements in which that Political Subdivision participates. To the extent a Political Subdivision does not participate in an Opioid-Related Settlement, the Board shall transfer the share assigned to that Political Subdivision to the Discretionary Subfundâ); and Annual Report (January 1, 2023 â December 31, 2023) (âThe Guaranteed Political Subdivisions are comprised of ninety-one municipalities and countiesâ). SCORF Board. Accessed September 1, 2024. â
Agreement Exhibit A II.A (âa Political Subdivisionâs available allocation shall be calculated based only on the Opioid-Related Settlements in which that Political Subdivision participatesâ). See also Annual Report (January 1, 2023 â December 31, 2023) (âWhile thirty-four counties and municipalities submitted requests to the SCORF Board for opioid recovery funds during 2023, the SCORF Board looks forward to the nonparticipating subdivisions accessing funds in 2024. SCORF Board staff will target outreach to these nonparticipating subdivisionsâ). SCORF Board. Accessed September 1, 2024. â
S.C. Code Ann. Sec. 11-58-50(B)(3) and Agreement Ex. A II.A (providing that an entity may apply for GPSS funds with written authorization/approval of a political subdivision). â
Agreement Exhibit A II.A (âAny money allocated to a Political Subdivision in a given year which is unused at the end of that year will remain available to that Political Subdivision for three (3) additional years, after which the money shall be moved to the Discretionary Subfund. A Political Subdivision can elect to have some or its entire allocated share transferred to the Discretionary Subfund by informing the Board in writing of this electionâ). See also South Carolinaâs Guide to Approved Uses for Investing Opioid Settlement Funds. South Carolina Department of Alcohol and other Drug Abuse Services (DAODAS) and South Carolina Institute of Medicine and Public Health. June 2022. Accessed August 25, 2024 (âAll money allocated to counties and eligible municipalities that has not been used for three years will be moved to the Discretionary Subfund, from which any person or entity can request funding for approved abatement strategies"). â
Agreement II.4(a)-(b) (describing tiered allocation system by which the greater South Carolina Opioid Recovery Fund receives 82% of the stateâs opioid litigation proceeds from 2021-22, 87.89% from 2023-29, and 100% in 2030 and thereafter, with the remaining transferred to the âSouth Carolina Opioid Fee Fund for the payment of attorneyâs fees and unreimbursed expenses of outside counsel for the State and the Political Subdivisionsâ). See also Agreement III.5 (âIn no event shall total attorneyâs fees paid to counsel for the Litigating Political Subdivisions and the State from Opioid Settlement Funds, exclusive of funds received from any National Fund, exceed eight percent (8%) of the Opioid Settlement Fundsâ). â
S.C. Code Ann. Sec. 11-58-30(C) (up to 2% allocation to Administrative Subfund), Sec. 11-58-60(B) (âFunds allocated to the Administrative Subfund by the South Carolina Opioid Recovery Fund Board may be expended by the board and the State Fiscal Accountability Authority to pay for the costs associated with administering this chapter, in accordance with a budget adopted or amended pursuant to Section 11-58-80(E)â), and Sec. 11-58-80(E) (requiring budgeting for and publication of administrative expenses by the South Carolina Opioid Recovery Fund Board); See also Agreement II.5(a)-(d) (allocating 2% of the greater Recovery Fund for the Administrative Subfundâ) and Agreement Exhibit A I.D (âThese costs and expenses include educational activities, staff and equipment costs, as well as costs associated with developing a grant application process, transferring funds to grant recipients, reviewing grant submissions, publishing information to the public, and reporting as required under the Opioid-Related Settlements. This amount may also be used to reimburse Board members for reasonable costs and expenses associated with travel necessary to attend Board meetings and perform Board duties. A member of the Board may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accordance with travel rates set by the South Carolina Comptroller General. The Board shall prepare an annual budget for administration costs and expenses to ensure proposed expenditures fall within these parameters and publish an annual report on these expendituresâ). â
S.C. Code Ann. Sec. 11-58-20(2) (ââApproved abatement strategiesâ means those measures to address and remediate opioid-related issues that are set forth in opioid-related settlements between the State of South Carolina, its participating political subdivisions, and certain companies that market, promote, distribute, dispense, or supply opioids and incorporated hereinâ) and
Sec. 11-58-30(C) (âAll funds in the South Carolina Opioid Recovery Fund must be spent on approved abatement strategiesâ). See Agreement I.3 (ââApproved Abatement Strategy(ies)â shall mean those uses identified in Exhibit C heretoâ) and I.7 (ââGuaranteed Political Subdivision Fundâ shall mean that portion of the South Carolina Opioid Recovery Fund from which the Board will direct payments as requested by the Political Subdivisions for Approved Abatement Strategies as set forth in Exhibit A heretoâ). See also
Agreement Exhibit A II.A (âRequests for funding from the Guaranteed Political Subdivision Subfund shall be approved by the Board if ⌠[t]he request seeks funding for an Approved Abatement Strategy listed on Exhibit Câ). â
Agreement Exhibit A I.C(1) (âThe Board is an independent, quasi-governmental agency responsible for the statewide distribution of the South Carolina Opioid Recovery Fundâ). â
Agreement Exhibit A II (âThe duties and roles of the Board with respect to the Guaranteed Political Subdivision Subfund are ministerial only, and the Board has no discretion with respect to disbursing amounts allocated to the Political Subdivisions so long as the Political Subdivisionâs application seeks funding for one of more of the Approved Abatement Strategies set forth in Exhibit Câ). Compare S.C. Code Ann. Sec. 11-58-50(B) (âThe 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 metâ) with Sec. 11-58-40(B) (âThe South Carolina Opioid Recovery Fund Board may authorize payments from the Discretionary Subfund to requesting entities, if all of the following requirements are metâ) (emphases added). â
S.C. Code Ann. Sec. 11-58-50(B)(3) and Agreement Exhibit A II.A (requiring funding requests to be made either by the political subdivision itself or an entity with the subdivisionâs express written approval). â
S.C. Code Ann. Sec. 11-58-50(B)(1)-(2). See also Agreement Exhibit A II.A (âThe 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 hereinâ) (emphasis in original). â
S.C. Code Ann. Sec. 11-58-50(C) (âIf the board denies a request under this section, it promptly shall notify the participating political subdivision that requested or authorized the request for funds and provide its grounds for denying the requestâ). â
Agreement Exhibit A II.A (âAny money allocated to a Political Subdivision in a given year which is unused at the end of that year will remain available to that Political Subdivision for three (3) additional years, after which the money shall be moved to the Discretionary Subfundâ). â
Agreement Exhibit A II.B (âPolitical Subdivisions are permitted and encouraged to seek funds from the Discretionary Subfund both for additional projects and to supplement projects funded by the Guaranteed Political Subdivision Subfundâ). â
List of Prohibited Items for Funding. South Carolina Opioid Recovery Fund (SCORF) Board. SCORF Board website. Accessed September 1, 2024. â
Apply for Opioid Recovery Funds (see âEligibility for Fundingâ). SCORF Board website. Accessed September 1, 2024 (âRequests for funds from the SC Opioid Recovery Fund cannot be for purposes of supplanting âreplacing/take the place of â existing local, state or federal funds for a project and its activities"). The Opioid Recovery Fund is inclusive of both the Guaranteed Political Subdivision Subfund and the Discretionary Subfund. See S.C. Code Ann. Secs. 11-58-40 and 11-58-50. â
S.C. Code Ann. Sec. 11-58-70(J). â
Memorandum re: Opioid Remediation Planning Program. SCORF Board. May 26, 2023. Accessed September 1, 2024. â
South Carolinaâs greater Opioid Recovery Fund is divided into two subfunds:[1] the Guaranteed Political Subdivision Subfund (GPSS) and Discretionary Subfund.[2]
The Discretionary Subfund holds 19% of the greater Recovery Fund through 2025.[3] From 2026-29, the Discretionary Subfund will hold 20%;[4] from 2030 onward, 49%.[5]
Non-participating subdivisionsâ amounts are held in the Discretionary Subfund.[6] Participating counties and municipalities may optionally transfer their GPSS shares to the Discretionary Subfund, and any of their unused GPSS funds are transferred to the Discretionary Subfund after three years.[7]
Excepting up to 18% for attorneysâ fees,[8] plus other limited exceptions,[9] this share must be spent on Approved Abatement Strategies in of South Carolinaâs state-local agreement,[10] which mirrors the national settlement agreementsâ (non-exhaustive) and includes prevention, harm reduction, treatment, recovery, and other strategies.
The South Carolina Opioid Recovery Fundâs website breaks out approved uses by ââ and ââ .
South Carolina Opioid Recovery Fund Board decides. The , an âindependent, quasi-governmental agency,â is responsible for statewide distribution of the South Carolina Opioid Recovery Fund as a whole, including the Discretionary Subfund share.[11]
The Board exercises substantial discretion over the Discretionary Subfund and ultimately decides who may seek funding from this share.[12] As of September 1, 2024, the Boardâs listed the following entities as eligible to apply for monies from the Discretionary Subfund: state agencies, local governments, medical and mental health treatment providers, educational providers, non-profits, and âothers helping to address the opioid epidemic.â[13]
The Board must ensure that funding is not only sought for approved abatement strategies,[14] but also that the request is, âin the judgment and discretion of the board, an appropriate, reasonable, and merited use of funds to help address issues caused by opioids.â[15]
In evaluating funding requests, the Board must consider a non-exhaustive list of criteria, including whether the proposal is regional or otherwise cooperative in nature, the âpoverty levelâ of the area, the amount of direct payments received by municipalities within a county, and other unique abatement needs.[16] The Board is also free to develop additional criteria for evaluating funding requests.[17]
Upon approval, the Board authorizes payments from the Discretionary Subfund to the requesting entity.[18] Each of the whom is subject to the Boardâs oversight and inspection to ensure that funds are only spent on approved purposes.[19] The Board is not required to explain why it rejected a request for funds, and its decisions are not subject to appeal or judicial review.[20]
Yes, supplantation is prohibited. The South Carolina Opioid Recovery Fund (SCORF) Boardâs states that â[m]oney in the Opioid Funds may not be used to replace existing state or local government funding.â[21] The SCORF Boardâs reiterates the prohibition of supplantation uses of SC Opioid Recovery Fund and adds âfederal fundsâ as a source of monies that cannot be replaced.[22] Additionally, the SCORF Boardâs provide that an application for monies from the Discretionary Subfund must describe how the proposal âwill not be duplicative or will substantially expand existing efforts."[23]
Yes (public reporting required). The SCORF Board is required to annually publish a report of all funds spent from the South Carlina Opioid Recovery Fund, including the Discretionary Subfund share.[24] View its annual reports .
Visit OpioidSettlementTracker.comâs for an updated collection of statesâ and localitiesâ available expenditure reports.
Not applicable.
For clarity, this Guide will treat the stateâs âAdministrative Subfund,â which holds a static 2%, as an administrative set-aside. (âtwo percent (2%) to the Administrative Subfundâ). See next section for more. â
S.C. Code Ann. Sec. 11-58-40(A) (âThe State Treasurer shall establish the Discretionary Subfund within the South Carolina Opioid Recovery Fundâ) and Sec. 11-58-50(A) (âThe State Treasurer shall establish the Guaranteed Political Subdivision Subfund within the South Carolina Opioid Recovery Fundâ). See also (âThe South Carolina Opioid Recovery Fund shall be divided into the Guaranteed Political Subdivision Subfund and the Discretionary Subfundâ). â
(âFor Opioid Settlement Funds paid by a Pharmaceutical Supply Chain Participant in 2023 through 2025, seventy-nine percent (79%) to the Guaranteed Political Subdivision Subfund, nineteen percent (19%) to the Discretionary Subfund, and two percent (2%) to the Administrative Subfundâ). â
Agreement II.5(c) (âFor Opioid Settlement Funds paid by a Pharmaceutical Supply Chain Participant in 2026 through 2029, seventy-eight percent (78%) to the Guaranteed Political Subdivision Subfund, twenty percent (20%) to the Discretionary Subfund, and two percent (2%) to the Administrative Subfundâ). â
Agreement II.5(d) (âFor Opioid Settlement Funds paid by a Pharmaceutical Supply Chain Participant in 2030 or thereafter, forty-nine percent (49%) to the Guaranteed Political Subdivision Subfund, forty-nine percent (49%) to the Discretionary Subfund, and two percent (2%) to the Administrative Subfundâ). See also Agreement II.8(a)-(c) (describing separate allocation of âAdditional Restitution Amountâ and âAdditional Remediation Amount,â which are âpaid to the State ⌠in lieu of attorneysâ feesâ). â
Agreement Exhibit A II.A (âTo the extent a Political Subdivision does not participate in an Opioid-Related Settlement, the Board shall transfer the share assigned to that Political Subdivision to the Discretionary Subfundâ; âa Political Subdivisionâs available allocation shall be calculated based only on the Opioid-Related Settlements in which that Political Subdivision participatesâ). See also Annual Report (January 1, 2023 â December 31, 2023) (âWhile thirty-four counties and municipalities submitted requests to the SCORF Board for opioid recovery funds during 2023, the SCORF Board looks forward to the nonparticipating subdivisions accessing funds in 2024. SCORF Board staff will target outreach to these nonparticipating subdivisionsâ). SCORF Board. Accessed September 1, 2024. â
Agreement Exhibit A II.A (âAny money allocated to a Political Subdivision in a given year which is unused at the end of that year will remain available to that Political Subdivision for three (3) additional years, after which the money shall be moved to the Discretionary Subfund. A Political Subdivision can elect to have some or its entire allocated share transferred to the Discretionary Subfund by informing the Board in writing of this electionâ). See also South Carolinaâs Guide to Approved Uses for Investing Opioid Settlement Funds. South Carolina Department of Alcohol and other Drug Abuse Services (DAODAS) and South Carolina Institute of Medicine and Public Health. June 2022. Accessed August 25, 2024 (âAll money allocated to counties and eligible municipalities that has not been used for three years will be moved to the Discretionary Subfund, from which any person or entity can request funding for approved abatement strategies"). â
Agreement II.4(a)-(b) (describing tiered allocation system by which the greater South Carolina Opioid Recovery Fund receives 82% of the stateâs opioid litigation proceeds from 2021-22, 87.89% from 2023-29, and 100% in 2030 and thereafter, with the remaining transferred to the âSouth Carolina Opioid Fee Fund for the payment of attorneyâs fees and unreimbursed expenses of outside counsel for the State and the Political Subdivisionsâ). See also Agreement III.5 (âIn no event shall total attorneyâs fees paid to counsel for the Litigating Political Subdivisions and the State from Opioid Settlement Funds, exclusive of funds received from any National Fund, exceed eight percent (8%) of the Opioid Settlement Fundsâ). â
S.C. Code Ann. Sec. 11-58-30(C) (up to 2% allocation to Administrative Subfund), Sec. 11-58-60(B) (âFunds allocated to the Administrative Subfund by the South Carolina Opioid Recovery Fund Board may be expended by the board and the State Fiscal Accountability Authority to pay for the costs associated with administering this chapter, in accordance with a budget adopted or amended pursuant to Section 11-58-80(E)â), and Sec. 11-58-80(E) (requiring budgeting for and publication of administrative expenses by the South Carolina Opioid Recovery Fund Board); See also Agreement II.5(a)-(d) (allocating 2% of the greater Recovery Fund for the Administrative Subfundâ) and Agreement Exhibit A I.D (âThese costs and expenses include educational activities, staff and equipment costs, as well as costs associated with developing a grant application process, transferring funds to grant recipients, reviewing grant submissions, publishing information to the public, and reporting as required under the Opioid-Related Settlements. This amount may also be used to reimburse Board members for reasonable costs and expenses associated with travel necessary to attend Board meetings and perform Board duties. A member of the Board may be reimbursed for actual expenses for meals, lodging, transportation, and incidental expenses in accordance with travel rates set by the South Carolina Comptroller General. The Board shall prepare an annual budget for administration costs and expenses to ensure proposed expenditures fall within these parameters and publish an annual report on these expendituresâ). â
S.C. Code Ann. Sec. 11-58-20(2) (ââApproved abatement strategiesâ means those measures to address and remediate opioid-related issues that are set forth in opioid-related settlements between the State of South Carolina, its participating political subdivisions, and certain companies that market, promote, distribute, dispense, or supply opioids and incorporated hereinâ) and
Sec. 11-58-30(C) (âAll funds in the South Carolina Opioid Recovery Fund must be spent on approved abatement strategiesâ). See Agreement I.3 (ââApproved Abatement Strategy(ies)â shall mean those uses identified in Exhibit C heretoâ) and Agreement Exhibit A II.B (âThe Board will use the Approved Abatement Strategies listed in Exhibit C for considering applications for funding from the Discretionary Subfund. The Board shall not approve any funding request unless it is for an Approved Abatement Strategyâ). â
Agreement Exhibit A I.C(1) (âThe Board is an independent, quasi-governmental agency responsible for the statewide distribution of the South Carolina Opioid Recovery Fundâ). â
Agreement Ex. A II.B (âUnlike the Guaranteed Political Subdivision Subfund, requests for funding from the Discretionary Subfund need not be made by a Political Subdivision or on its behalf. By way of examples only, requests for funding from the Discretionary Subfund could be made by state agencies, medical treatment providers, mental health treatment providers, educational providers, legal services providers, researchers, nonprofits, and any other person or entity for an Approved Abatement Strategy, subject to the Boardâs eligibility requirementsâ). â
Apply for Opioid Recovery Funds (see âEligibility for Fundingâ). South Carolina Opioid Recovery Fund (SCORF) Board. Accessed August 25, 2024. â
S.C. Code Ann. Sec. 11-58-40(B)(2) (âThe South Carolina Opioid Recovery Fund Board may authorize payments from the Discretionary Subfund to requesting entities, if ⌠the request is for an approved abatement strategy) and Agreement Exhibit A II.B (âThe Board shall not approve any funding request unless it is for an Approved Abatement Strategyâ). â
S.C. Code Ann. Sec. 11-58-40(B)(4). â
S.C. Code Ann. Sec. 11-58-40(C). â
S.C. Code Ann. Sec. 11-58-40(B) (âThe South Carolina Opioid Recovery Fund Board may authorize payments from the Discretionary Subfund to requesting entities, if all of the following requirements are metâ). â
S.C. Code Ann. Sec. 11-58-70(Q) (âThe board has the duty and authority to regulate the expenditure by requesting entities of authorized payments from the Discretionary Subfund to ensure authorized payments are used only for approved purposes, to facilitate accountability for their use, and to prevent fraud, waste, abuse, mismanagement, and misconductâ), Sec. 11-58-70(R) (âThe board may enter assistance agreements with each requesting entity approved to receive authorized payments from the Discretionary Subfund. These agreements are enforceable. Without limitation, such agreements may impose restrictions on the appropriate use of payments and penalties for the misuse of such payments. In addition, such agreements may impose payment, purchasing, accounting, auditing, record keeping, performance and financial reporting, and compliance requirements. Without limitation, the application requirements adopted by the board may include the acceptance of such agreements by the requesting entity. The board may inspect, audit, and examine any requesting entity receiving authorized payments from the Discretionary Subfundâ) (emphasis added). â
S.C. Code Ann. Sec. 11-58-40(C)-(D). â
List of Prohibited Items for Funding. SCORF Board. SCORF Board website. Accessed September 1, 2024. â
Apply for Opioid Recovery Funds (see âEligibility for Fundingâ). SCORF Board website. Accessed September 1, 2024 (âRequests for funds from the SC Opioid Recovery Fund cannot be for purposes of supplanting âreplacing/take the place of â existing local, state or federal funds for a project and its activities"). The Opioid Recovery Fund is inclusive of both the Discretionary Subfund and the Guaranteed Political Subdivision Subfund. See S.C. Code Ann. Secs. 11-58-40 and 11-58-50. â
Technical Proposal Requirements. SCORF Board. Accessed September 1, 2024. â
S.C. Code Ann. Sec. 11-58-70(J). â