1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 2nd Session of the 59th Legislature (2024) |
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4|ENGROSSED SENATE |
|BILL NO. 1453 By: Rosino of the Senate |
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| Newton of the House |
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9| An Act relating to the Attorney General; amending 74 |
| O.S. 2021, Section 30.5, as amended by Section 1, |
10| Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023, Section |
| 30.5), which relates to definitions used in the |
11| Political Subdivisions Opioid Abatement Grants Act; |
| broadening certain definitions; removing obsolete |
12| language; amending 74 O.S. 2021, Section 30.6, which |
| relates to the Oklahoma Opioid Abatement Revolving |
13| Fund; authorizing the Office of the Attorney General |
| to withhold and use certain funds for certain |
14| purposes; updating statutory reference; and providing |
| an effective date. |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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18| SECTION 1. AMENDATORY 74 O.S. 2021, Section 30.5, as |
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19|amended by Section 1, Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023, |
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20|Section 30.5), is amended to read as follows: |
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21| Section 30.5. As used in the Political Subdivisions Opioid |
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22|Abatement Grants Act: |
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23| 1. "Approved purpose" and "approved purposes" mean |
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1|evidence-based, forward-looking strategies, programming and services |
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2|used to: |
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3| a. expand the availability of treatment for individuals |
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4| affected by opioid use disorders, co-occurring |
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5| substance use disorders and mental health issues, |
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6| b. develop, promote and provide evidence-based opioid |
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7| use prevention strategies, |
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8| c. provide opioid use disorder and co-occurring |
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9| substance use disorder avoidance and awareness |
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10| education, |
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11| d. decrease the oversupply of licit and illicit opioids, |
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13| e. support recovery from addiction services performed by |
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14| qualified and appropriately licensed providers, |
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15| f. treat opioid use, abuse and disorders including early |
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16| intervention screening, counseling and support, |
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17| g. support individuals in treatment and recovery from |
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18| opioid use, abuse and disorder, |
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19| h. provide programs or services to connect individuals |
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20| with opioid use, abuse or disorder, or who are at risk |
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21| of developing opioid use disorder, co-occurring |
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22| substance use disorder and mental health issues, with |
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23| treatment and counseling programs and services, |
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1| i. address the needs of individuals who are involved, or |
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2| who are at risk of becoming involved, in the criminal |
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3| justice system due to opioid use, abuse or disorder |
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4| through programs or services in municipal and county |
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5| criminal judicial systems including prearrest and |
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6| postarrest diversion programs, pretrial services and |
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7| drug or recovery courts, |
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8| j. address the needs of pregnant or parenting women with |
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9| opioid use, abuse or disorder and their families, |
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10| k. address the needs of parents and caregivers caring |
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11| for babies with neonatal abstinence syndrome, |
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12| l. support efforts to prevent overprescribing and ensure |
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13| appropriate prescribing and dispensing of opioids, |
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14| m. support efforts to discourage or prevent misuse of |
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15| opioids including the oversupply of licit and illicit |
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16| opioids, |
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17| n. support efforts to prevent or reduce overdose deaths |
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18| or other opioid-related harms including through |
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19| increased availability and distribution of naloxone |
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20| and other drugs that treat overdoses for use by first |
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21| responders, persons who have experienced an overdose |
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22| event, families, schools, community-based service |
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23| providers, social workers and other members of the |
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24| public, |
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1| o. reimburse or fund law enforcement and emergency |
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2| responder expenditures relating to the opioid epidemic |
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3| including costs of responding to emergency medical or |
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4| police calls for service, equipment, treatment or |
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5| response alternatives, mental health response training |
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6| and training for law enforcement and emergency |
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7| responders as to appropriate practices and precautions |
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8| when dealing with opioids or individuals who are at |
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9| risk of opioid overdose or death, |
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10| p. reimburse attorney fees and allowable expenses |
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11| directly related to opioid litigation incurred as part |
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12| of legal services agreements entered into before May |
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13| 21, 2020, |
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14| q. support efforts to provide leadership, planning and |
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15| coordination to abate the opioid epidemic through |
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16| activities, programs or strategies for prevention and |
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17| recovery models including regional intergovernmental |
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18| efforts and not-for-profit agency support, |
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19| r. support education of youths regarding the dangers of |
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20| opioid use, abuse and addiction, |
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21| s. fund training relative to any approved purpose, |
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22| t. monitor, surveil and evaluate opioid use, abuse or |
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23| disorder, or |
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1| u. provide opioid abatement as identified by the |
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2| Oklahoma Opioid Abatement Board as consistent with the |
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3| purpose of the Political Subdivisions Opioid Abatement |
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4| Grants Act. |
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5|Provided that, such strategies, programming and services occurred on |
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6|or after January 1, 2015. |
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7| Approved purpose also includes any approved uses as authorized |
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8|by opioid-related settlement agreements in which the State of |
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9|Oklahoma is a litigant or participant; |
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10| 2. "Board" means the Oklahoma Opioid Abatement Board; |
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11| 3. "Eligible participant" means any political subdivision |
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12|impacted by the opioid crisis; |
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13| 4. "Nonapproved purpose" and "nonapproved purposes" mean |
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14|strategies, programming and services not falling within the |
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15|definition of approved purpose or approved purposes as defined in |
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16|this section; |
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17| 5. "Opioid funds" means all monetary amounts obtained through a |
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18|settlement or judgment by the Attorney General on behalf of this |
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19|state related to opioid litigation involving pharmaceutical supply |
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20|chain participants including the Purdue Political Subdivisions Fund |
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21|but excluding all other funds received pursuant to the Purdue |
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22|Settlement Agreement; |
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1| 6. "Opioid grant awards" means grants funded from the Oklahoma |
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2|Opioid Abatement Revolving Fund, awarded pursuant to the provisions |
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3|of the Political Subdivisions Opioid Abatement Grants Act; |
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4| 7. "Pharmaceutical supply chain" means the process and channels |
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5|through which controlled substances are manufactured, marketed, |
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6|promoted, distributed or dispensed; |
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7| 8. "Pharmaceutical supply chain participant" means any entity |
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8|that engages in or has engaged in the manufacture, marketing, |
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9|promotion, distribution or dispensing of an opioid analgesic; |
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10| 9. "Political subdivision" and "political subdivisions" have |
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11|the same meaning as provided in subparagraphs a, b, c and d of |
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12|paragraph 11 of Section 152 of Title 51 of the Oklahoma Statutes. |
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13|Political subdivision also means the board of regents or board of |
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14|trustees of an institution of higher education within The Oklahoma |
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15|State System of Higher Education; |
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16| 10. "Purdue Political Subdivision Fund" means the Twelve |
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17|Million Five Hundred Thousand Dollars ($12,500,000.00) plus any |
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18|interest accrued thereon received from the Revive Oklahoma Health |
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19|Foundation consisting of funds received from the Purdue Settlement |
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20|Agreement designed for distribution to political subdivisions which |
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21|have executed a release of legal claims as required by the Purdue |
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22|Settlement Agreement; and |
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23| 11. "Purdue Settlement Agreement" means the settlement |
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24|agreement entered into by this state and Purdue Pharma L.P., Purdue |
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1|Pharma, Inc. and the Purdue Frederick Company on March 26, 2019, and |
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2|approved by the Court on April 2, 2019. |
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3| SECTION 2. AMENDATORY 74 O.S. 2021, Section 30.6, is |
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4|amended to read as follows: |
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5| Section 30.6. A. There is hereby created in the State Treasury |
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6|a revolving fund for the Office of the Attorney General to be |
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7|designated the "Oklahoma Opioid Abatement Revolving Fund". The fund |
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8|shall be a continuing fund, not subject to fiscal year limitations, |
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9|and shall consist of all opioid funds obtained through a settlement |
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10|or judgment by the Attorney General on behalf of the State of |
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11|Oklahoma related to opioid litigation involving pharmaceutical |
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12|supply chain participants: |
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13| 1. Designated for deposit in the fund; or |
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14| 2. Appropriated to the fund by the Legislature. |
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15| B. Provided that the Purdue Political Subdivisions Fund shall |
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16|be maintained in a segregated State Treasury fund within the |
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17|Oklahoma Opioid Abatement Revolving Fund, and that the Purdue |
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18|Political Subdivisions Fund shall not be commingled with other |
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19|opioid funds deposited in or appropriated to the Oklahoma Opioid |
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20|Abatement Revolving Fund. |
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21| C. To the extent allowed by any settlement or judgment relating |
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22|to opioid litigation involving pharmaceutical supply chain |
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23|participants, the Office of the Attorney General may withhold not |
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24|more than five percent (5%) of the funds received by the Oklahoma |
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1|Opioid Abatement Revolving Fund for the staff and administrative |
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2|support required by Section 30.7 of this title. Such funds may also |
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3|be used to research and evaluate the effectiveness of grants |
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4|disbursed by the Oklahoma Opioid Abatement Board. |
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5| D. All monies accruing to the credit of the fund are hereby |
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6|appropriated and may be budgeted and expended by the Attorney |
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7|General for the purpose of funding opioid grant awards as authorized |
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8|by this act the Political Subdivisions Opioid Abatement Grants Act. |
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9| SECTION 3. This act shall become effective November 1, 2024. |
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11|COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated |
|04/09/2024 - DO PASS. |
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