Bill Text: NY A11059 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes an opioid settlement fund from money received by the state as result of the settlement of litigation; provides such funds will be used to support programs that combat substance use and addiction issues, and co-occurring mental illnesses; establishes the opioid settlement board which will provide recommendations on how the opioid settlement fund will be utilized.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2020-10-07 - referred to alcoholism and drug abuse [A11059 Detail]
Download: New_York-2019-A11059-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11059 IN ASSEMBLY October 7, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Reyes) -- read once and referred to the Committee on Alcoholism and Drug Abuse AN ACT to amend the state finance law, in relation to establishing an opioid settlement fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 99-ii to read as follows: 3 § 99-ii. Opioid settlement fund. 1. There is hereby established in the 4 joint custody of the state comptroller and the commissioner of taxation 5 and finance a special fund to be known as the "opioid settlement fund". 6 2. Money allocated to the opioid settlement fund shall be kept sepa- 7 rate and shall not be commingled with any other funds in the custody of 8 the state comptroller. 9 3. Monies expended from such fund shall be used to supplement and not 10 supplant any other funds which would otherwise have been expended for 11 alcohol and substance use addiction prevention or recovery. 12 4. Such fund shall consist of money received by the state as a result 13 of the settlement of litigation with entities that manufactured, sold, 14 distributed or promoted prescription opioids, pursuant to the Master 15 Settlement Agreement entered into by the, inter alia, attorney general 16 of the state of New York and entities that manufactured, sold, distrib- 17 uted or promoted prescription opioids, as well as any funds received as 18 a result of a judgement, stipulation, decree, agreement to settle, 19 assurance of discontinuance, or other legal instrument resolving any 20 claim or cause of action against manufacturers, distributors, and 21 vendors of opioids arising out of activities alleged to have contributed 22 to increases in opioid addiction, whether filed or unfiled, actual or 23 potential, and whether arising under common law, equity, or any 24 provision of law, and all other monies appropriated, credited, or trans- 25 ferred thereto from any other fund or source pursuant to law. All monies 26 shall remain in such fund unless otherwise directed by statute. 27 5. Monies from the opioid settlement fund shall be available following 28 appropriation by the legislature and may only be expended on programs to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17314-01-0A. 11059 2 1 support services to combat substance use and addiction issues, and 2 co-occurring mental illnesses in New York state. Funding decisions 3 should include an emphasis on supporting programs that are culturally 4 and gender competent, trauma-informed, evidence-based and, where appro- 5 priate, employ individuals with lived experience as part of the services 6 provided. Services to be supported from the opioid settlement fund 7 should include, but not be limited to, programs: 8 (a) To prevent substance use disorder through an evidence-based youth- 9 focused public health education and prevention campaign, including 10 school-based prevention, early intervention, and health care services 11 and programs to reduce the risk of substance use by school-aged chil- 12 dren; 13 (b) To develop and implement statewide public education campaigns to 14 reduce stigma against individuals who use drugs, provide information 15 about the risks of substance use, best practices for addressing 16 substance use disorders, and information on how to locate services that 17 reduce the adverse health consequences associated with drug use or 18 provide treatment for substance use disorders; 19 (c) To provide substance use disorder treatment and early recovery 20 programs for youth and adults, with an emphasis on programs that provide 21 a continuum of care that includes screening and assessment for substance 22 use disorders and co-occurring disorders, early intervention, active 23 treatment, family involvement, case management, relapse management for 24 substance use and other co-occurring behavioral health disorders, voca- 25 tional services, literacy services, parenting classes, family therapy 26 and counseling services, medication-assisted treatments, psychiatric 27 medication and psychotherapy; 28 (d) To provide harm reduction counseling and services to reduce the 29 adverse health consequences associated with drug use, including overdose 30 prevention and prevention of communicable diseases related to substance 31 use, provided by a qualified drug treatment program or community-based 32 organization; 33 (e) To provide housing services, including supportive housing 34 services, for individuals who use drugs and individuals who are receiv- 35 ing treatment or are in recovery from a substance use disorder; 36 (f) To support community-based programs that reduce the likelihood of 37 criminal justice involvement for individuals who use drugs; and 38 (g) To provide programs for pregnant women and new parents who 39 currently or formerly used drugs. 40 6. (a) The opioid settlement board is established to provide recommen- 41 dations on how the opioid settlement fund shall be allocated to the 42 legislature. 43 (b) The opioid settlement board shall consist of: 44 (i) the commissioners of addiction services and supports, mental 45 health, and health, or their designees, serving as ex-officio members; 46 (ii) four appointments by the governor; 47 (iii) three appointments by the temporary president of the senate; and 48 (iv) three appointments by the speaker of the assembly. 49 (c) Each member shall be appointed to serve three-year terms and in 50 the event of a vacancy, the vacancy shall be filled in the manner of the 51 original appointment for the remainder of the term. The appointed 52 members and commissioners shall receive no compensation for their 53 services but shall be allowed their actual and necessary expenses 54 incurred in the performance of their duties as board members. 55 (d) Every effort shall be made to ensure a balanced and diverse 56 committee representing the regions and demographics of the state.A. 11059 3 1 Appointed members shall have an expertise in public and behavioral 2 health, substance use disorder treatment, harm reduction, criminal 3 justice, and drug policy. Further, the board shall include individuals 4 with personal or professional experience with substance use and 5 addiction issues, and co-occurring mental illnesses. 6 (e) The chairperson of the board and the vice chairperson shall be 7 elected from among the members of the board by the members of such 8 board. The vice chairperson shall represent the board in the absence of 9 the chairperson at all official board functions. A majority of the full 10 authorized membership of the board shall constitute a quorum. 11 (f) Members of the board shall not take any action to direct funding 12 from the opioid settlement fund to any entity in which they or their 13 family members have any interest, direct or indirect, or receive any 14 commission or profit whatsoever, direct or indirect. Members of the 15 board shall recuse themselves from any discussion or vote relating to 16 such interest. 17 § 2. This act shall take effect immediately.