102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3475

 

Introduced 1/19/2022, by Sen. Sally J. Turner

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.970 new

    Creates the Opioid Litigation Proceeds Act. Establishes the Opioid Litigation Proceeds Fund as a special fund in the State treasury. Provides for the allocation of moneys to the Fund. Provides requirements for the use and disbursement of moneys in the Fund. Establishes the Opioid Litigation Proceeds Council. Provides for the membership of the Council and related requirements. Provides for the powers and duties of the Council and the Department of Public Health in relation to Council activities. Provides that the Council shall disburse moneys from the Fund in a manner consistent with the limitations on uses of litigation proceeds set forth in any controlling court order, with specified exceptions. Provides reporting requirements. Provides for the adoption of rules. Amends the State Finance Act to provide for the Opioid Litigation Proceeds Fund. Provides findings and purpose provisions. Defines terms.


LRB102 25255 RJF 34528 b

 

 

A BILL FOR

 

SB3475LRB102 25255 RJF 34528 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Opioid
5Litigation Proceeds Act.
 
6    Section 5. Legislative findings; purpose.
7    (a) The General Assembly finds the following:
8        (1) Illinois anticipates the receipt of substantial
9    payments based on legal claims made against manufacturers
10    and distributors of prescription opioid analgesics,
11    pharmacies that dispensed prescription opioid analgesics,
12    and related parties for their alleged roles in
13    contributing to the high rates of drug overdoses and other
14    drug-related harms.
15        (2) Experience with the 1990s tobacco settlements
16    suggests that, without firm commitment and planning, the
17    opioid litigation proceeds may not be directed toward
18    preventing and addressing substance use disorders,
19    overdoses, and drug-related harms. Substance use
20    disorders, overdoses, and drug-related harms have had a
21    significant impact on the country and this State.
22        (3) According to the Centers for Disease Control and
23    Prevention (CDC), over 94,000 drug overdose deaths

 

 

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1    occurred in the United States in the 12 months ending in
2    January 2021; the highest number of overdose deaths ever
3    recorded in a 12-month period.
4        (4) It is estimated that the cost to society of the
5    opioid misuse and overdose crisis in the United States
6    from 2015 through 2018 was at least $631,000,000,000. This
7    estimate accounts for the use of illicit substances and
8    includes costs associated with additional health care
9    services for those impacted by opioid use disorder,
10    premature mortality, criminal justice activities, child
11    and family assistance programs, education programs, and
12    lost productivity.
13        (5) In this State, drug overdoses continue to
14    devastate our residents and communities and strain
15    government resources, with a number people dying from
16    unintentional drug overdoses.
17        (6) According to the Surgeon General, substance use
18    disorders respond to treatment like other chronic
19    diseases. Addiction can be managed successfully, and
20    treatment enables people to counteract addiction's
21    powerful disruptive effects on the brain and behavior and
22    regain control of their lives. The chronic nature of the
23    disease means that returning to substance use is not only
24    possible but also likely, with symptom recurrence rates
25    like those for other well-characterized chronic medical
26    illnesses, such as diabetes, hypertension, and asthma.

 

 

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1        (7) Addressing substance use disorders, overdoses, and
2    drug-related harms will require dedicated resources and
3    many years. Directing opioid litigation proceeds to
4    establish, sustain, and expand substance use disorder
5    abatement infrastructure, programs, services, supports,
6    and resources for prevention, treatment, recovery, and
7    harm reduction in Illinois will represent critically
8    important progress towards the work to be done.
9    (b) It is the intent of the General Assembly through this
10Act:
11        (1) to maximize funds available to address the
12    overdose crisis in this State by encouraging all relevant
13    parties that have made legal claims against manufacturers
14    and distributors of prescription opioid analgesics,
15    pharmacies that dispensed prescription opioid analgesics,
16    and related parties to participate in any final settlement
17    of legal claims against such defendants into which this
18    State may enter;
19        (2) to establish a dedicated Fund that is designated
20    for substance use disorder abatement, including
21    prevention, treatment, recovery, and harm reduction
22    infrastructure, programs, services, supports, and
23    resources. All proceeds received by the State arising out
24    of legal claims made against manufacturers and
25    distributors of prescription opioid analgesics, pharmacies
26    that dispensed prescription opioid analgesics, and related

 

 

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1    parties shall be deposited into the dedicated Fund;
2        (3) to ensure that proceeds deposited into the Fund:
3    (i) remain separate from the State General Revenue Fund;
4    (ii) do not lapse, do not revert to the General Revenue
5    Fund, and are not otherwise subject to fiscal year
6    limitations; and (iii) are used only as intended for
7    substance use disorder abatement, including prevention,
8    treatment, recovery, and harm reduction infrastructure,
9    programs, services, supports, and resources;
10        (4) that any distributions from the Fund supplement,
11    and not supplant or replace, any existing or future local,
12    State, or federal government funding for such
13    infrastructure, programs, services, supports, and
14    resources, including, but not limited to, insurance
15    benefits, federal grant funding, and Medicaid and Medicare
16    funds;
17        (5) that a council of geographically, racially, and
18    ethnically diverse stakeholders be established to ensure
19    robust and informed public involvement, accountability,
20    and transparency in allocating and accounting for the
21    moneys in the Fund;
22        (6) that the council have wide discretion regarding
23    the types of substance use disorder abatement
24    infrastructure, programs, services, supports, and
25    resources that it may recommend and approve for funding,
26    including, but not limited to, infrastructure,

 

 

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1    evidence-based programs and services, promising practices
2    with emerging evidence, and pilot programs reasonably
3    expected to yield evidence of effectiveness; and
4        (7) that substance use disorder abatement
5    infrastructure, programs, services, supports, and
6    resources yield reductions in mortality and improvements
7    in prevention, treatment, harm reduction, and recovery
8    outcomes, and that recipients of distributions from the
9    Fund measure and report outcomes associated with such
10    distributions.
11    (c) It is also the intent of the General Assembly through
12this Act:
13        (1) that the requirements and protections set forth in
14    this Act as applied to disbursement and allocation of
15    proceeds of any State settlement of claims against a
16    manufacturer or distributor of prescription opioid
17    analgesics, pharmacy that dispensed prescription opioid
18    analgesics, or related party apply to only those units of
19    local government that execute an agreement to participate
20    in such settlement and adhere to the terms of such
21    agreement; and
22        (2) that moneys be disbursed from the Fund to both
23    governmental and not-for-profit non-governmental
24    entities.
 
25    Section 10. Definitions. As used in this Act:

 

 

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1    "Conflict of interest" means a financial association
2involving a Council member or the member's immediate family
3that has the potential to influence a Council member's
4actions, recommendations, or decisions related to the
5disbursement of opioid litigation proceeds or other Council
6activity.
7    "Council" means the Opioid Litigation Proceeds Council
8established under Section 20.
9    "Evidence-based" means an activity, practice, program,
10service, support, or strategy that meets one of the following
11evidentiary criteria: (i) meta-analyses or systematic reviews
12have found the strategy to be effective; (ii) evidence from a
13scientifically rigorous experimental study, such as a
14randomized controlled trial, demonstrates the strategy is
15effective; or (iii) multiple observational studies from U.S.
16settings indicate the strategy is effective. As used in this
17definition, "effective" means an activity, practice, program,
18service, support, or strategy that helps individuals avoid the
19development and progression of substance use disorders or
20drug-related harms; reduces the adverse consequences of
21substance use among persons who use substances; or manages,
22slows the progression of, or supports recovery from a
23substance use disorder or co-occurring mental health disorder.
24    "Fund" means the Opioid Litigation Proceeds Fund
25established under Section 15.
26    "Harm reduction" means a program, service, support, or

 

 

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1resource that attempts to reduce the adverse consequences of
2substance use among persons who continue to use substances.
3Harm reduction addresses conditions that give rise to
4substance use, as well as the substance use itself, and may
5include, but is not limited to, syringe service programs,
6naloxone distribution, and education about Good Samaritan
7laws.
8    "Infrastructure" means the resources, such as personnel,
9buildings, or equipment, required for this State or a region
10or unit of local government thereof, or not-for-profit
11organizations therein, to provide substance use disorder
12prevention, treatment, recovery, and harm reduction programs,
13services, supports, and resources;
14    "Prevention" means primary, secondary, and tertiary
15efforts to avoid the development and progression of substance
16use disorders or drug-related harms. Primary prevention
17involves promoting positive youth development and helping
18individuals avoid the risk factors for, and development of,
19addictive behaviors through both universal and individualized
20efforts. Primary prevention incorporates efforts in support of
21individualized health care, including the safe prescribing of
22opioid and other controlled medications. Primary prevention
23also encompasses efforts to avoid adverse childhood
24experiences and to avoid or delay the onset of substance use
25among persons under 21 years of age. Secondary prevention
26consists of uncovering potentially harmful substance use prior

 

 

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1to the onset of problems or substance use disorder symptoms.
2Tertiary prevention entails treating the medical consequences
3of substance use and facilitating entry into substance use
4disorder treatment so further disability is minimized.
5Prevention strategies include continuing treatment and
6avoiding a return to substance use so that patients who have
7been treated successfully may remain in remission.
8    "Proceeds" means damages, penalties, attorneys' fees,
9costs, disbursements, refunds, rebates, or any other monetary
10payment made or paid by any defendant manufacturer or
11distributor of prescription opioid analgesics, pharmacy that
12dispensed prescription opioid analgesics, or related party to
13this State by reason of any judgment, consent decree, or
14settlement, after payment of any costs or fees required by
15court order.
16    "Recovery" means an active process of continual growth
17that addresses the biological, psychological, social, and
18spiritual disturbances inherent in addiction and includes the
19following factors:
20        (1) the goal of improved quality of life and enhanced
21    wellness as identified by the individual;
22        (2) an individual's consistent pursuit of abstinence
23    from the substances or behaviors towards which
24    pathological pursuit had been previously directed or which
25    could pose a risk for pathological pursuit in the future;
26        (3) relief of an individual's symptoms, including

 

 

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1    substance craving;
2        (4) improvement of an individual's own behavioral
3    control;
4        (5) enrichment of an individual's relationships,
5    social connectedness, and interpersonal skills; and
6        (6) improvement in an individual's emotional
7    self-regulation.
8    "Substance use disorder" means a pattern of use of alcohol
9or other substances that meets the applicable diagnostic
10criteria delineated in the Diagnostic and Statistical Manual
11of Mental Disorders (DSM–5) of the American Psychiatric
12Association, or in any subsequent editions.
13    "Supplement" means to add funding, consistent with Section
1415, for substance use disorder abatement infrastructure or a
15substance use disorder abatement program, service, support, or
16resource to ensure current year funding exceeds the sum of
17federal, State, and local funds allocated in the previous
18fiscal year enacted State budget for such substance use
19disorder abatement infrastructure, program, service, support,
20or resource.
21    "Treatment" means an evidence-based practice or service to
22intervene upon, care for, manage, slow progression of, or
23support recovery from a substance use disorder or co-occurring
24mental health disorder. Treatment is individualized to address
25each person's medical needs and includes, but is not limited
26to, screening for and diagnosing substance use disorders and

 

 

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1co-occurring mental or physical health disorders, as well as
2pharmacological and non-pharmacological therapeutic
3interventions for substance use disorders and co-occurring
4mental health disorders.
 
5    Section 15. Opioid Litigation Proceeds Fund.
6    (a) The Opioid Litigation Proceeds Fund is hereby
7established as a special fund in the State treasury. The Fund
8shall operate as a dedicated fund to be administered by the
9State Treasurer. Moneys in the Fund shall not revert to the
10General Revenue Fund of the State treasury. The State
11Treasurer is authorized to create sub-funds or sub-accounts as
12may be necessary or appropriate to implement the purposes of
13this Act.
14    (b) There shall be credited to the Fund:
15        (1) proceeds received by the State in connection with
16    legal claims made against manufacturers and distributors
17    of prescription opioid analgesics, pharmacies that
18    dispensed prescription opioid analgesics, and related
19    parties, regardless of whether such proceeds are received
20    as a lump sum or series of payments to be made over a
21    period of time;
22        (2) moneys appropriated by, or transferred to, the
23    Fund by the General Assembly;
24        (3) gifts, donations, grants, bequests, and other
25    moneys received by the State on the Fund's behalf; and

 

 

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1        (4) any interest on moneys in the Fund.
2    (c) Moneys in the Fund shall be spent only for the
3following substance use disorder abatement purposes, upon the
4approval of the Council:
5        (1) statewide or community substance use disorder
6    needs assessments to identify structural gaps and needs to
7    inform expenditures from the Fund;
8        (2) infrastructure required for evidence-based
9    substance use disorder prevention, treatment, recovery, or
10    harm reduction programs, services, and supports;
11        (3) programs, services, supports, and resources for
12    evidence-based substance use disorder prevention,
13    treatment, recovery, or harm reduction;
14        (4) law enforcement agency programs, services,
15    supports, and resources for substance use disorder
16    abatement and prevention;
17        (5) evidence-informed substance use disorder
18    prevention, treatment, recovery, or harm reduction pilot
19    programs or demonstration studies that are not
20    evidence-based but are approved by the Council as an
21    appropriate use of moneys for a limited period of time as
22    specified by the Council. In considering evidence-informed
23    pilot programs and demonstration studies, the Council
24    shall assess whether the emerging evidence supports
25    distribution of moneys for such uses, or otherwise whether
26    there is a reasonable basis for funding such uses with the

 

 

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1    expectation of creating an evidence base for such uses;
2        (6) evaluations of effectiveness and outcomes
3    reporting for substance use disorder abatement
4    infrastructure, programs, services, supports, and
5    resources for which moneys from the Fund were disbursed,
6    such as impact on access to harm reduction services or
7    treatment for substance use disorders, or reduction in
8    drug-related mortality;
9        (7) one or more data interfaces managed by the State,
10    an agency thereof, or law enforcement agencies, to
11    aggregate, track, and report, free of charge and available
12    online to the public, data on substance use disorder,
13    overdoses, and drug-related harms; spending
14    recommendations, plans, and reports; and outcomes of
15    programs, services, supports, and resources for which
16    moneys from the Fund were disbursed;
17        (8) expenses incurred in administering and staffing
18    the Fund and the Council; provided that such expenses
19    shall not exceed 8% of the Fund's balance on an annual
20    basis; and
21        (9) expenses associated with managing, investing, and
22    disbursing moneys in the Fund; provided that such expenses
23    shall not exceed 2% of the Fund's balance on an annual
24    basis.
25    (d) For purposes of paragraphs (8) and (9) of subsection
26(c), the Fund balance shall be determined by December 31 of

 

 

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1each year.
2    (e) Unless otherwise required by controlling court order
3to refund to the federal government a portion of the proceeds,
4moneys in the Fund shall be used for prospective purposes and
5shall not be used to reimburse expenditures incurred prior to
6the effective date of this Act.
7    (f) Proceeds derived from any State settlement of claims
8against a manufacturer or distributor of prescription opioid
9analgesics, pharmacy that dispensed prescription opioid
10analgesics, or related party shall be allocated and disbursed
11only to those units of local government that execute an
12agreement to participate in such settlement and adhere to the
13terms of such agreement. This restriction shall not preclude
14nor limit the allocation and disbursement of such settlement
15proceeds for the benefit of persons within units of local
16government that do not execute an agreement to participate in
17such settlement or do not adhere to the terms of such
18agreement.
19    (g) Moneys in the Fund shall be disbursed to both
20governmental and not-for-profit non-governmental entities.
21    (h) Fund disbursements shall be made by the State
22Treasurer upon the approval of the Council. The State
23Treasurer shall not make or refuse to make any disbursement
24allowable under this subsection (h) without the approval of
25the Council. The State Treasurer shall adhere to the Council's
26decisions regarding disbursement of moneys from the Fund so

 

 

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1long as such disbursement is a permissible expenditure under
2subsection (c). The State Treasurer's role in the distribution
3of moneys as approved by the Council shall be ministerial and
4not discretionary.
5    (i) Moneys expended from the Fund for the purposes set
6forth in subsection (c) shall be supplemental to, and shall
7not supplant or take the place of, any other funds, including
8insurance benefits or local, State, or federal funding, that
9would otherwise have been expended for such purposes. The
10State Treasurer shall not disburse moneys from the Fund during
11any State fiscal year unless the Governor and the leaders of
12each house of the General Assembly transmit to the Council a
13letter verifying that funds appropriated and allocated in such
14fiscal year's State budget for substance use disorder
15abatement infrastructure, programs, services, supports, and
16resources for prevention, treatment, recovery, and harm
17reduction are no less than the sum of the funds for such
18purposes appropriated and allocated in the previous fiscal
19year's State budget. All funds appropriated for substance use
20disorder abatement infrastructure, programs, services,
21supports, and resources for prevention, treatment, recovery,
22and harm reduction shall be made available for disbursement
23during the fiscal year for which they are appropriated and if
24not fully expended, shall be made available in each subsequent
25fiscal year until fully expended.
26    (j) The State Treasurer shall have the responsibility for

 

 

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1the investment and reinvestment of moneys in the Fund. On or
2before December 31 each year, the State Treasurer shall issue
3a public report, free of charge and available online,
4specifying:
5        (1) an inventory of Fund investments as of the
6    issuance of the report;
7        (2) the net income the Fund earned for the prior
8    fiscal year;
9        (3) the dollar amount and the percentage of the Fund
10    balance incurred for expenses of administering and
11    staffing the Fund and the Council during the prior fiscal
12    year; and
13        (4) the dollar amount and the percentage of the Fund
14    balance incurred for expenses associated with managing,
15    investing, and disbursing moneys in the Fund during the
16    prior fiscal year.
 
17    Section 20. Opioid Litigation Proceeds Council.
18    (a) There is established the Opioid Litigation Proceeds
19Council.
20    (b) The purpose of the Council is to ensure that proceeds
21received by this State pursuant to Section 15 are allocated
22and spent on State substance use disorder abatement
23infrastructure, programs, services, supports, and resources
24for prevention, treatment, recovery, and harm reduction, and
25to ensure robust public involvement, accountability, and

 

 

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1transparency in allocating and accounting for the moneys in
2the Fund.
3    (c) Members of the Council shall be appointed as follows:
4        (1) The Council shall be composed of 14 voting members
5    and one non-voting ex officio member. The Director of
6    Public Health shall serve as the non-voting ex officio
7    member.
8        (2) Voting members must be residents of this State.
9        (3) A Council Chair, who shall be a member of the
10    Council in addition to those appointed under paragraphs
11    (4) and (5), shall be appointed by the Governor.
12        (4) The Council shall be further appointed as follows:
13            (A) one member appointed by the Attorney General;
14            (B) two members of an association representing
15        Illinois counties appointed by the Governor;
16            (C) one member who is a medical professional with
17        experience working with the U.S. Department of
18        Veterans Affairs appointed by the Director of
19        Veterans' Affairs; and
20            (D) five members appointed by the Director of
21        Public Health, upon application to and approval by the
22        Director of Public Health.
23        (5) The Council shall also consist of 4 members of the
24    General Assembly appointed one each by the Speaker of the
25    House of Representatives, the Minority Leader of the House
26    of Representatives, the President of the Senate, and the

 

 

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1    Minority Leader of the Senate. The requirements of
2    subsections (d), (e), and (g) shall not apply to members
3    of the General Assembly appointed under this paragraph
4    (5).
5    (d) The appointment of members to the Council shall
6account for the following requirements:
7        (1) Council membership shall include persons who have
8    experience in providing substance use disorder prevention,
9    treatment, recovery, and harm reduction services;
10        (2) Council membership shall include persons, to the
11    extent practicable, who have expertise, experience, or
12    education in public health policy or research; medicine;
13    mental health services; or public budgeting;
14        (3) Council membership shall also include individuals
15    with lived experience with substance use disorder
16    recovery; family members of persons who have, or decedents
17    who had, a substance use disorder; and representatives of
18    communities that have been disproportionately impacted by
19    substance use and disparities in access to care or health
20    outcomes; and
21        (4) Council membership shall represent the geographic
22    regions of the State and shall include persons who reflect
23    the racial and ethnic diversity of the State.
24    (e) Council membership terms of office shall be as
25follows:
26        (1) Upon creation of the Council, the members

 

 

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1    appointed under subsections (c)(4)(C) and (c)(4)(D) shall
2    serve an initial 2-year term, and the members appointed
3    under subsections (c)(3), (c)(4)(A), and (c)(4)(B) shall
4    serve an initial one-year term to enable the staggering of
5    terms.
6        (2) With the exception of the initial terms
7    established in paragraph (1) of this subsection (e), each
8    appointed member of the Council shall serve a 3-year term.
9    The beginning of an initial term shall be deemed to be
10    January 1 of the calendar year in which the appointment
11    occurs, regardless of whether the actual appointment date
12    occurs before or after January 1 of that year.
13    (f) If there is a vacancy in the Council membership, the
14vacancy shall be filled in the manner of the original
15appointment for the remainder of the term. For the purposes of
16reappointment, any partial term filled after a vacancy shall
17be considered a full term.
18    (g) A Council member shall serve no more than 2 terms.
19    (h) Any member who is appointed may be removed by the
20appointing authority for failure to attend at least one-half
21of the scheduled meetings in any one-year period, or for
22unethical, dishonest, or bad faith conduct.
23    (i) Council duties and powers.
24        (1) The Council shall have the following powers and
25    duties:
26            (A) recommend and approve policies and procedures

 

 

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1        for administration of the Council and for the
2        application, awarding, and disbursement of moneys from
3        the Fund, to be used for the purposes set forth in
4        subsection (c) of Section 15;
5            (B) recommend and approve goals, objectives and
6        their rationales, sustainability plans, and
7        performance indicators relating to: (i) substance use
8        disorder prevention, treatment, recovery, and harm
9        reduction efforts; (ii) reducing disparities in access
10        to prevention, treatment, recovery, and harm reduction
11        programs, services, supports, and resources; and (iii)
12        improving health outcomes in traditionally underserved
13        populations, including, but not limited to, those who
14        live in rural or tribal communities, persons of color,
15        and formerly incarcerated individuals;
16            (C) approve awards of moneys from the Fund
17        exclusively for permissible expenditures set forth in
18        subsection (c) of Section 15; and
19            (D) approve suspensions of allocations of moneys
20        from the Fund to recipients found by the Council or the
21        Department of Public Health to be substantially out of
22        compliance with: (i) Council policies or procedures;
23        (ii) the policies, procedures, or rules of the
24        Department of Public Health; or (iii) the approved
25        purpose or use of such monetary awards. The Council
26        may resume approval of such allocations once the

 

 

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1        Council or the Department of Public Health has
2        determined the recipient has adequately remedied the
3        cause of such suspension.
4        (2) The Council shall approve allocations of moneys
5    from the Fund across the State, considering the following
6    criteria, among others:
7            (A) the number of people per capita with a
8        substance use disorder in a county or region of the
9        State;
10            (B) disparities in access to care in a county or
11        region of the State that may preclude persons with a
12        substance use disorder from obtaining a diagnosis or
13        receiving evidence-based treatment;
14            (C) the number of overdose deaths per capita in a
15        county or region of the State;
16            (D) the infrastructure, programs, services,
17        supports, or other resources currently available to
18        individuals with substance use disorders in a county
19        or region of the State; and
20            (E) disparities in access to care and health
21        outcomes in a county or region of the State.
22    (j) The Department of Public Health shall have the
23following powers and duties with respect to the Council:
24        (1) employ a full-time executive director of the
25    Council to plan and support the meetings and functions of
26    the Council and direct the day-to-day activities required

 

 

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1    to ensure that proceeds received by this State under
2    subsection (b) of Section 15 are allocated and spent on
3    State substance use disorder abatement infrastructure,
4    programs, services, supports, and resources for
5    prevention, treatment, recovery, and harm reduction, and
6    to ensure robust public involvement, accountability, and
7    transparency in allocating and accounting for the moneys
8    in the Fund;
9        (2) provide public health research and policy
10    expertise, support staff, facilities, technical
11    assistance, and other resources to assist the executive
12    director of the Council with the meetings and functions of
13    the Council and the day-to-day activities required to
14    ensure that proceeds received by this State under
15    subsection (b) of Section 15 are allocated and spent on
16    State substance use disorder abatement infrastructure,
17    programs, services, supports, and resources for
18    prevention, treatment, recovery, and harm reduction; and
19    to ensure robust public involvement, accountability, and
20    transparency in allocating and accounting for the monies
21    in the Fund;
22        (3) utilize, where feasible, appropriations from the
23    General Revenue Fund and existing infrastructure,
24    programs, services, supports, or other resources to
25    address substance use disorders, overdoses, and
26    drug-related harms in the State;

 

 

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1        (4) prepare for review and approval by the Council
2    goals, objectives and their rationales, sustainability
3    plans, and performance indicators relating to substance
4    use disorder prevention, treatment, recovery, and harm
5    reduction efforts and reducing disparities in access to
6    prevention, treatment, recovery, and harm reduction
7    programs, services, supports, and resources;
8        (5) evaluate applications and recommend to the Council
9    awards and disbursements of moneys from the Fund
10    exclusively for permissible expenditures set forth in
11    subsection (c) of Section 15;
12        (6) maintain oversight over the expenditure of moneys
13    from the Fund to ensure moneys are used exclusively for
14    the purposes set forth in subsection (c) of Section 15;
15        (7) recommend to the Council suspensions of
16    allocations of moneys from the Fund to recipients found by
17    the Department of Public Health to be out of compliance
18    with: (i) Council policies or procedures; (ii) the
19    policies, procedures, or rules of the Department of Public
20    Health; or (iii) the approved purpose or use of such
21    monetary awards;
22        (8) require recipients of moneys from the Fund to
23    provide an annual report to the Council detailing the
24    effectiveness of infrastructure, programs, services,
25    supports, and resources funded, including, at a minimum:
26    (i) how the recipient used the moneys for their intended

 

 

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1    purposes; (ii) the number of individuals served by race,
2    age, gender, or other demographic factor reported in a
3    de-identified manner; (iii) a specific analysis of whether
4    the infrastructure, program, service, support, or
5    resources reduced mortality or improved prevention,
6    treatment, harm reduction, or recovery outcomes; and (iv)
7    if a plan to ensure the sustainability of the
8    infrastructure, program, service, support, or resources
9    funded exists, a summary of such plan;
10        (9) implement and publish on the Council or Department
11    of Public Health's website, policies and procedures for
12    administration of the Council and for the application,
13    awarding, and disbursement of moneys from the Fund, to be
14    used for the purposes set forth in subsection (c) of
15    Section 15; and
16        (10) publish on the Council and Department of Public
17    Health's website an annual report, free of charge and
18    available online to the public, of the Council's
19    activities and effectiveness pursuant to Section 30.
20    (k) The Council shall hold at least 4 public meetings per
21year. A meeting may be called by the chair or by a majority of
22the Council's members. Members may attend meetings in person,
23remotely by audio-visual means, or, upon approval by the
24chair, by audio-only means. Meetings shall be publicized and
25held in a manner reasonably designed to facilitate in-person
26and live-stream attendance by residents throughout the State.

 

 

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1The Council shall function in a manner consistent with the
2Open Meetings Act and with the federal Americans with
3Disabilities Act.
4    (l) For each meeting of the Council, a majority of the
5appointed voting members shall constitute a quorum for the
6transaction of business. If there is a quorum, then all
7actions of the Council shall be taken by an affirmative vote of
8a majority of the members present at the meeting. Each voting
9member shall have one vote.
10    (m) Members of the Council shall receive no compensation
11for serving as members, but may be reimbursed for their actual
12and necessary expenses incurred in carrying out their duties
13as members of the Council.
14    (n) Members must disclose to the Council, refrain from
15participating in discussions, and recuse themselves from
16voting on any matter before the Council if members have a
17conflict of interest.
18    (o) The Council will terminate when all moneys received
19pursuant to subsection (b) of Section 15 have been received
20and disbursed, unless the Attorney General certifies that
21additional moneys are anticipated.
22    (p) The Council shall create and maintain a website, free
23of charge and available to the public, which shall include, at
24a minimum, Council meeting attendance rolls and minutes,
25including, but not limited to: (i) records of all votes on
26expenditures of moneys from the Fund; (ii) recipient

 

 

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1agreements and reports required under paragraph (8) of
2subsection (j); (iii) policies and procedures approved by the
3Council; (iv) Council-related policies, procedures, and rules,
4adopted by Council; and the Council's annual reports.
 
5    Section 25. Court order.
6    (a) Except as provided in subsection (b), the Council
7shall disburse moneys from the Fund in a manner consistent
8with the limitations on uses of litigation proceeds set forth
9in any controlling court order.
10    (b) If a controlling court order permits expenditures
11other than or in excess of expenditures authorized under
12subsection (c) of Section 15, the Council shall adhere to the
13limitations on use of moneys set forth in subsection (c) of
14Section 15. If subsection (c) of Section 15 permits
15expenditures other than or in excess of those authorized in a
16controlling court order, the Council shall adhere to the
17limitations on use of moneys set forth in the court order. If a
18controlling court order allocates litigation proceeds among
19counties or regions of this State, paragraph (2) of subsection
20(i) of Section 20 shall not apply, and the Council shall
21disburse moneys from the Fund according to the allocations set
22forth in the court order.
 
23    Section 30. Reporting.
24    (a) Not later than December 31 of each year, beginning one

 

 

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1year after the initial deposit of proceeds into the Fund, the
2Department of Public Health, in consultation with the Council,
3shall provide a written report to the Governor and the General
4Assembly detailing the Council's activities during the prior
5calendar year. The report shall be published on the website of
6the Council and the Department of Public Health.
7    (b) The written annual report on the Council's activities
8shall include, at a minimum:
9        (1) the opening and closing balance of the Fund for
10    the calendar year;
11        (2) an accounting of all credits to, and expenditures
12    from, the Fund;
13        (3) the name and a description of each recipient of
14    moneys from the Fund, and the amount awarded to such
15    recipient;
16        (4) a description of each award's intended use,
17    including the specific program, service, or resource
18    funded, the population served, and the measures that the
19    recipient will use to assess the impact of the award;
20        (5) the primary criteria used to determine each
21    recipient and its respective award amount;
22        (6) a summary of information included in the recipient
23    report required under paragraph (8) of subsection (j) of
24    Section 20;
25        (7) all applications for an award of moneys from the
26    Fund received during the calendar year;

 

 

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1        (8) a description of any finding or concern as to
2    whether all moneys disbursed from the Fund, other than
3    expenses authorized under paragraphs (8) and (9) of
4    subsection (c) of Section 15, supplemented, and did not
5    supplant or replace, any existing or future local, State,
6    or federal government funding; and
7        (9) the performance indicators and progress toward
8    achieving the goals and objectives developed under
9    subparagraph (B) of paragraph (1) of subsection (i) of
10    Section 20, including metrics on improving outcomes and
11    reducing mortality and other harms related to substance
12    use disorders.
 
13    Section 35. Rules. The Department of Public Health shall
14adopt rules for the implementation of this Act, including, but
15not limited to, guidelines and requirements related to
16providing staff, facilities, technical assistance, and other
17resources to assist with the meetings and functions of the
18Council.
 
19    Section 100. The State Finance Act is amended by adding
20Section 5.970 as follows:
 
21    (30 ILCS 105/5.970 new)
22    Sec. 5.970. The Opioid Litigation Proceeds Fund.