Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2205 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2205 Introduced 2/10/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 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. LRB103 25032 HLH 51366 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2205 Introduced 2/10/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED: New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 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. LRB103 25032 HLH 51366 b LRB103 25032 HLH 51366 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2205 Introduced 2/10/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
3	3	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
4	4	New Act
5	5	30 ILCS 105/5.990 new
6	6	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.
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9	9	A BILL FOR
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12	12	1 AN ACT concerning finance.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the Opioid
16	16	5 Litigation Proceeds Act.
17	17	6 Section 5. Legislative findings; purpose.
18	18	7 (a) The General Assembly finds the following:
19	19	8 (1) Illinois anticipates the receipt of substantial
20	20	9 payments based on legal claims made against manufacturers
21	21	10 and distributors of prescription opioid analgesics,
22	22	11 pharmacies that dispensed prescription opioid analgesics,
23	23	12 and related parties for their alleged roles in
24	24	13 contributing to the high rates of drug overdoses and other
25	25	14 drug-related harms.
26	26	15 (2) Experience with the 1990s tobacco settlements
27	27	16 suggests that, without firm commitment and planning, the
28	28	17 opioid litigation proceeds may not be directed toward
29	29	18 preventing and addressing substance use disorders,
30	30	19 overdoses, and drug-related harms. Substance use
31	31	20 disorders, overdoses, and drug-related harms have had a
32	32	21 significant impact on the country and this State.
33	33	22 (3) According to the Centers for Disease Control and
34	34	23 Prevention (CDC), over 94,000 drug overdose deaths
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2205 Introduced 2/10/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
39	39	New Act30 ILCS 105/5.990 new New Act 30 ILCS 105/5.990 new
40	40	New Act
41	41	30 ILCS 105/5.990 new
42	42	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.
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45	45	A BILL FOR
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51	51	New Act
52	52	30 ILCS 105/5.990 new
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71	71	1 occurred in the United States in the 12 months ending in
72	72	2 January 2021; the highest number of overdose deaths ever
73	73	3 recorded in a 12-month period.
74	74	4 (4) It is estimated that the cost to society of the
75	75	5 opioid misuse and overdose crisis in the United States
76	76	6 from 2015 through 2018 was at least $631,000,000,000. This
77	77	7 estimate accounts for the use of illicit substances and
78	78	8 includes costs associated with additional health care
79	79	9 services for those impacted by opioid use disorder,
80	80	10 premature mortality, criminal justice activities, child
81	81	11 and family assistance programs, education programs, and
82	82	12 lost productivity.
83	83	13 (5) In this State, drug overdoses continue to
84	84	14 devastate our residents and communities and strain
85	85	15 government resources, with a number people dying from
86	86	16 unintentional drug overdoses.
87	87	17 (6) According to the Surgeon General, substance use
88	88	18 disorders respond to treatment like other chronic
89	89	19 diseases. Addiction can be managed successfully, and
90	90	20 treatment enables people to counteract addiction's
91	91	21 powerful disruptive effects on the brain and behavior and
92	92	22 regain control of their lives. The chronic nature of the
93	93	23 disease means that returning to substance use is not only
94	94	24 possible but also likely, with symptom recurrence rates
95	95	25 like those for other well-characterized chronic medical
96	96	26 illnesses, such as diabetes, hypertension, and asthma.
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107	107	1 (7) Addressing substance use disorders, overdoses, and
108	108	2 drug-related harms will require dedicated resources and
109	109	3 many years. Directing opioid litigation proceeds to
110	110	4 establish, sustain, and expand substance use disorder
111	111	5 abatement infrastructure, programs, services, supports,
112	112	6 and resources for prevention, treatment, recovery, and
113	113	7 harm reduction in Illinois will represent critically
114	114	8 important progress towards the work to be done.
115	115	9 (b) It is the intent of the General Assembly through this
116	116	10 Act:
117	117	11 (1) to maximize funds available to address the
118	118	12 overdose crisis in this State by encouraging all relevant
119	119	13 parties that have made legal claims against manufacturers
120	120	14 and distributors of prescription opioid analgesics,
121	121	15 pharmacies that dispensed prescription opioid analgesics,
122	122	16 and related parties to participate in any final settlement
123	123	17 of legal claims against such defendants into which this
124	124	18 State may enter;
125	125	19 (2) to establish a dedicated Fund that is designated
126	126	20 for substance use disorder abatement, including
127	127	21 prevention, treatment, recovery, and harm reduction
128	128	22 infrastructure, programs, services, supports, and
129	129	23 resources. All proceeds received by the State arising out
130	130	24 of legal claims made against manufacturers and
131	131	25 distributors of prescription opioid analgesics, pharmacies
132	132	26 that dispensed prescription opioid analgesics, and related
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143	143	1 parties shall be deposited into the dedicated Fund;
144	144	2 (3) to ensure that proceeds deposited into the Fund:
145	145	3 (i) remain separate from the State General Revenue Fund;
146	146	4 (ii) do not lapse, do not revert to the General Revenue
147	147	5 Fund, and are not otherwise subject to fiscal year
148	148	6 limitations; and (iii) are used only as intended for
149	149	7 substance use disorder abatement, including prevention,
150	150	8 treatment, recovery, and harm reduction infrastructure,
151	151	9 programs, services, supports, and resources;
152	152	10 (4) that any distributions from the Fund supplement,
153	153	11 and not supplant or replace, any existing or future local,
154	154	12 State, or federal government funding for such
155	155	13 infrastructure, programs, services, supports, and
156	156	14 resources, including, but not limited to, insurance
157	157	15 benefits, federal grant funding, and Medicaid and Medicare
158	158	16 funds;
159	159	17 (5) that a council of geographically, racially, and
160	160	18 ethnically diverse stakeholders be established to ensure
161	161	19 robust and informed public involvement, accountability,
162	162	20 and transparency in allocating and accounting for the
163	163	21 moneys in the Fund;
164	164	22 (6) that the council have wide discretion regarding
165	165	23 the types of substance use disorder abatement
166	166	24 infrastructure, programs, services, supports, and
167	167	25 resources that it may recommend and approve for funding,
168	168	26 including, but not limited to, infrastructure,
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179	179	1 evidence-based programs and services, promising practices
180	180	2 with emerging evidence, and pilot programs reasonably
181	181	3 expected to yield evidence of effectiveness; and
182	182	4 (7) that substance use disorder abatement
183	183	5 infrastructure, programs, services, supports, and
184	184	6 resources yield reductions in mortality and improvements
185	185	7 in prevention, treatment, harm reduction, and recovery
186	186	8 outcomes, and that recipients of distributions from the
187	187	9 Fund measure and report outcomes associated with such
188	188	10 distributions.
189	189	11 (c) It is also the intent of the General Assembly through
190	190	12 this Act:
191	191	13 (1) that the requirements and protections set forth in
192	192	14 this Act as applied to disbursement and allocation of
193	193	15 proceeds of any State settlement of claims against a
194	194	16 manufacturer or distributor of prescription opioid
195	195	17 analgesics, pharmacy that dispensed prescription opioid
196	196	18 analgesics, or related party apply to only those units of
197	197	19 local government that execute an agreement to participate
198	198	20 in such settlement and adhere to the terms of such
199	199	21 agreement; and
200	200	22 (2) that moneys be disbursed from the Fund to both
201	201	23 governmental and not-for-profit non-governmental
202	202	24 entities.
203	203	25 Section 10. Definitions. As used in this Act:
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214	214	1 "Conflict of interest" means a financial association
215	215	2 involving a Council member or the member's immediate family
216	216	3 that has the potential to influence a Council member's
217	217	4 actions, recommendations, or decisions related to the
218	218	5 disbursement of opioid litigation proceeds or other Council
219	219	6 activity.
220	220	7 "Council" means the Opioid Litigation Proceeds Council
221	221	8 established under Section 20.
222	222	9 "Evidence-based" means an activity, practice, program,
223	223	10 service, support, or strategy that meets one of the following
224	224	11 evidentiary criteria: (i) meta-analyses or systematic reviews
225	225	12 have found the strategy to be effective; (ii) evidence from a
226	226	13 scientifically rigorous experimental study, such as a
227	227	14 randomized controlled trial, demonstrates the strategy is
228	228	15 effective; or (iii) multiple observational studies from U.S.
229	229	16 settings indicate the strategy is effective. As used in this
230	230	17 definition, "effective" means an activity, practice, program,
231	231	18 service, support, or strategy that helps individuals avoid the
232	232	19 development and progression of substance use disorders or
233	233	20 drug-related harms; reduces the adverse consequences of
234	234	21 substance use among persons who use substances; or manages,
235	235	22 slows the progression of, or supports recovery from a
236	236	23 substance use disorder or co-occurring mental health disorder.
237	237	24 "Fund" means the Opioid Litigation Proceeds Fund
238	238	25 established under Section 15.
239	239	26 "Harm reduction" means a program, service, support, or
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250	250	1 resource that attempts to reduce the adverse consequences of
251	251	2 substance use among persons who continue to use substances.
252	252	3 Harm reduction addresses conditions that give rise to
253	253	4 substance use, as well as the substance use itself, and may
254	254	5 include, but is not limited to, syringe service programs,
255	255	6 naloxone distribution, and education about Good Samaritan
256	256	7 laws.
257	257	8 "Infrastructure" means the resources, such as personnel,
258	258	9 buildings, or equipment, required for this State or a region
259	259	10 or unit of local government thereof, or not-for-profit
260	260	11 organizations therein, to provide substance use disorder
261	261	12 prevention, treatment, recovery, and harm reduction programs,
262	262	13 services, supports, and resources;
263	263	14 "Prevention" means primary, secondary, and tertiary
264	264	15 efforts to avoid the development and progression of substance
265	265	16 use disorders or drug-related harms. Primary prevention
266	266	17 involves promoting positive youth development and helping
267	267	18 individuals avoid the risk factors for, and development of,
268	268	19 addictive behaviors through both universal and individualized
269	269	20 efforts. Primary prevention incorporates efforts in support of
270	270	21 individualized health care, including the safe prescribing of
271	271	22 opioid and other controlled medications. Primary prevention
272	272	23 also encompasses efforts to avoid adverse childhood
273	273	24 experiences and to avoid or delay the onset of substance use
274	274	25 among persons under 21 years of age. Secondary prevention
275	275	26 consists of uncovering potentially harmful substance use prior
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286	286	1 to the onset of problems or substance use disorder symptoms.
287	287	2 Tertiary prevention entails treating the medical consequences
288	288	3 of substance use and facilitating entry into substance use
289	289	4 disorder treatment so further disability is minimized.
290	290	5 Prevention strategies include continuing treatment and
291	291	6 avoiding a return to substance use so that patients who have
292	292	7 been treated successfully may remain in remission.
293	293	8 "Proceeds" means damages, penalties, attorneys' fees,
294	294	9 costs, disbursements, refunds, rebates, or any other monetary
295	295	10 payment made or paid by any defendant manufacturer or
296	296	11 distributor of prescription opioid analgesics, pharmacy that
297	297	12 dispensed prescription opioid analgesics, or related party to
298	298	13 this State by reason of any judgment, consent decree, or
299	299	14 settlement, after payment of any costs or fees required by
300	300	15 court order.
301	301	16 "Recovery" means an active process of continual growth
302	302	17 that addresses the biological, psychological, social, and
303	303	18 spiritual disturbances inherent in addiction and includes the
304	304	19 following factors:
305	305	20 (1) the goal of improved quality of life and enhanced
306	306	21 wellness as identified by the individual;
307	307	22 (2) an individual's consistent pursuit of abstinence
308	308	23 from the substances or behaviors towards which
309	309	24 pathological pursuit had been previously directed or which
310	310	25 could pose a risk for pathological pursuit in the future;
311	311	26 (3) relief of an individual's symptoms, including
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322	322	1 substance craving;
323	323	2 (4) improvement of an individual's own behavioral
324	324	3 control;
325	325	4 (5) enrichment of an individual's relationships,
326	326	5 social connectedness, and interpersonal skills; and
327	327	6 (6) improvement in an individual's emotional
328	328	7 self-regulation.
329	329	8 "Substance use disorder" means a pattern of use of alcohol
330	330	9 or other substances that meets the applicable diagnostic
331	331	10 criteria delineated in the Diagnostic and Statistical Manual
332	332	11 of Mental Disorders (DSM5) of the American Psychiatric
333	333	12 Association, or in any subsequent editions.
334	334	13 "Supplement" means to add funding, consistent with Section
335	335	14 15, for substance use disorder abatement infrastructure or a
336	336	15 substance use disorder abatement program, service, support, or
337	337	16 resource to ensure current year funding exceeds the sum of
338	338	17 federal, State, and local funds allocated in the previous
339	339	18 fiscal year enacted State budget for such substance use
340	340	19 disorder abatement infrastructure, program, service, support,
341	341	20 or resource.
342	342	21 "Treatment" means an evidence-based practice or service to
343	343	22 intervene upon, care for, manage, slow progression of, or
344	344	23 support recovery from a substance use disorder or co-occurring
345	345	24 mental health disorder. Treatment is individualized to address
346	346	25 each person's medical needs and includes, but is not limited
347	347	26 to, screening for and diagnosing substance use disorders and
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358	358	1 co-occurring mental or physical health disorders, as well as
359	359	2 pharmacological and non-pharmacological therapeutic
360	360	3 interventions for substance use disorders and co-occurring
361	361	4 mental health disorders.
362	362	5 Section 15. Opioid Litigation Proceeds Fund.
363	363	6 (a) The Opioid Litigation Proceeds Fund is hereby
364	364	7 established as a special fund in the State treasury. The Fund
365	365	8 shall operate as a dedicated fund to be administered by the
366	366	9 State Treasurer. Moneys in the Fund shall not revert to the
367	367	10 General Revenue Fund of the State treasury. The State
368	368	11 Treasurer is authorized to create sub-funds or sub-accounts as
369	369	12 may be necessary or appropriate to implement the purposes of
370	370	13 this Act.
371	371	14 (b) There shall be credited to the Fund:
372	372	15 (1) proceeds received by the State in connection with
373	373	16 legal claims made against manufacturers and distributors
374	374	17 of prescription opioid analgesics, pharmacies that
375	375	18 dispensed prescription opioid analgesics, and related
376	376	19 parties, regardless of whether such proceeds are received
377	377	20 as a lump sum or series of payments to be made over a
378	378	21 period of time;
379	379	22 (2) moneys appropriated by, or transferred to, the
380	380	23 Fund by the General Assembly;
381	381	24 (3) gifts, donations, grants, bequests, and other
382	382	25 moneys received by the State on the Fund's behalf; and
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393	393	1 (4) any interest on moneys in the Fund.
394	394	2 (c) Moneys in the Fund shall be spent only for the
395	395	3 following substance use disorder abatement purposes, upon the
396	396	4 approval of the Council:
397	397	5 (1) statewide or community substance use disorder
398	398	6 needs assessments to identify structural gaps and needs to
399	399	7 inform expenditures from the Fund;
400	400	8 (2) infrastructure required for evidence-based
401	401	9 substance use disorder prevention, treatment, recovery, or
402	402	10 harm reduction programs, services, and supports;
403	403	11 (3) programs, services, supports, and resources for
404	404	12 evidence-based substance use disorder prevention,
405	405	13 treatment, recovery, or harm reduction;
406	406	14 (4) law enforcement agency programs, services,
407	407	15 supports, and resources for substance use disorder
408	408	16 abatement and prevention;
409	409	17 (5) evidence-informed substance use disorder
410	410	18 prevention, treatment, recovery, or harm reduction pilot
411	411	19 programs or demonstration studies that are not
412	412	20 evidence-based but are approved by the Council as an
413	413	21 appropriate use of moneys for a limited period of time as
414	414	22 specified by the Council. In considering evidence-informed
415	415	23 pilot programs and demonstration studies, the Council
416	416	24 shall assess whether the emerging evidence supports
417	417	25 distribution of moneys for such uses, or otherwise whether
418	418	26 there is a reasonable basis for funding such uses with the
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429	429	1 expectation of creating an evidence base for such uses;
430	430	2 (6) evaluations of effectiveness and outcomes
431	431	3 reporting for substance use disorder abatement
432	432	4 infrastructure, programs, services, supports, and
433	433	5 resources for which moneys from the Fund were disbursed,
434	434	6 such as impact on access to harm reduction services or
435	435	7 treatment for substance use disorders, or reduction in
436	436	8 drug-related mortality;
437	437	9 (7) one or more data interfaces managed by the State,
438	438	10 an agency thereof, or law enforcement agencies, to
439	439	11 aggregate, track, and report, free of charge and available
440	440	12 online to the public, data on substance use disorder,
441	441	13 overdoses, and drug-related harms; spending
442	442	14 recommendations, plans, and reports; and outcomes of
443	443	15 programs, services, supports, and resources for which
444	444	16 moneys from the Fund were disbursed;
445	445	17 (8) expenses incurred in administering and staffing
446	446	18 the Fund and the Council; provided that such expenses
447	447	19 shall not exceed 8% of the Fund's balance on an annual
448	448	20 basis; and
449	449	21 (9) expenses associated with managing, investing, and
450	450	22 disbursing moneys in the Fund; provided that such expenses
451	451	23 shall not exceed 2% of the Fund's balance on an annual
452	452	24 basis.
453	453	25 (d) For purposes of paragraphs (8) and (9) of subsection
454	454	26 (c), the Fund balance shall be determined by December 31 of
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465	465	1 each year.
466	466	2 (e) Unless otherwise required by controlling court order
467	467	3 to refund to the federal government a portion of the proceeds,
468	468	4 moneys in the Fund shall be used for prospective purposes and
469	469	5 shall not be used to reimburse expenditures incurred prior to
470	470	6 the effective date of this Act.
471	471	7 (f) Proceeds derived from any State settlement of claims
472	472	8 against a manufacturer or distributor of prescription opioid
473	473	9 analgesics, pharmacy that dispensed prescription opioid
474	474	10 analgesics, or related party shall be allocated and disbursed
475	475	11 only to those units of local government that execute an
476	476	12 agreement to participate in such settlement and adhere to the
477	477	13 terms of such agreement. This restriction shall not preclude
478	478	14 nor limit the allocation and disbursement of such settlement
479	479	15 proceeds for the benefit of persons within units of local
480	480	16 government that do not execute an agreement to participate in
481	481	17 such settlement or do not adhere to the terms of such
482	482	18 agreement.
483	483	19 (g) Moneys in the Fund shall be disbursed to both
484	484	20 governmental and not-for-profit non-governmental entities.
485	485	21 (h) Fund disbursements shall be made by the State
486	486	22 Treasurer upon the approval of the Council. The State
487	487	23 Treasurer shall not make or refuse to make any disbursement
488	488	24 allowable under this subsection (h) without the approval of
489	489	25 the Council. The State Treasurer shall adhere to the Council's
490	490	26 decisions regarding disbursement of moneys from the Fund so
491	491
492	492
493	493
494	494
495	495
496	496	SB2205 - 13 - LRB103 25032 HLH 51366 b
497	497
498	498
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500	500	SB2205 - 14 - LRB103 25032 HLH 51366 b
501	501	1 long as such disbursement is a permissible expenditure under
502	502	2 subsection (c). The State Treasurer's role in the distribution
503	503	3 of moneys as approved by the Council shall be ministerial and
504	504	4 not discretionary.
505	505	5 (i) Moneys expended from the Fund for the purposes set
506	506	6 forth in subsection (c) shall be supplemental to, and shall
507	507	7 not supplant or take the place of, any other funds, including
508	508	8 insurance benefits or local, State, or federal funding, that
509	509	9 would otherwise have been expended for such purposes. The
510	510	10 State Treasurer shall not disburse moneys from the Fund during
511	511	11 any State fiscal year unless the Governor and the leaders of
512	512	12 each house of the General Assembly transmit to the Council a
513	513	13 letter verifying that funds appropriated and allocated in such
514	514	14 fiscal year's State budget for substance use disorder
515	515	15 abatement infrastructure, programs, services, supports, and
516	516	16 resources for prevention, treatment, recovery, and harm
517	517	17 reduction are no less than the sum of the funds for such
518	518	18 purposes appropriated and allocated in the previous fiscal
519	519	19 year's State budget. All funds appropriated for substance use
520	520	20 disorder abatement infrastructure, programs, services,
521	521	21 supports, and resources for prevention, treatment, recovery,
522	522	22 and harm reduction shall be made available for disbursement
523	523	23 during the fiscal year for which they are appropriated and if
524	524	24 not fully expended, shall be made available in each subsequent
525	525	25 fiscal year until fully expended.
526	526	26 (j) The State Treasurer shall have the responsibility for
527	527
528	528
529	529
530	530
531	531
532	532	SB2205 - 14 - LRB103 25032 HLH 51366 b
533	533
534	534
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536	536	SB2205 - 15 - LRB103 25032 HLH 51366 b
537	537	1 the investment and reinvestment of moneys in the Fund. On or
538	538	2 before December 31 each year, the State Treasurer shall issue
539	539	3 a public report, free of charge and available online,
540	540	4 specifying:
541	541	5 (1) an inventory of Fund investments as of the
542	542	6 issuance of the report;
543	543	7 (2) the net income the Fund earned for the prior
544	544	8 fiscal year;
545	545	9 (3) the dollar amount and the percentage of the Fund
546	546	10 balance incurred for expenses of administering and
547	547	11 staffing the Fund and the Council during the prior fiscal
548	548	12 year; and
549	549	13 (4) the dollar amount and the percentage of the Fund
550	550	14 balance incurred for expenses associated with managing,
551	551	15 investing, and disbursing moneys in the Fund during the
552	552	16 prior fiscal year.
553	553	17 Section 20. Opioid Litigation Proceeds Council.
554	554	18 (a) There is established the Opioid Litigation Proceeds
555	555	19 Council.
556	556	20 (b) The purpose of the Council is to ensure that proceeds
557	557	21 received by this State pursuant to Section 15 are allocated
558	558	22 and spent on State substance use disorder abatement
559	559	23 infrastructure, programs, services, supports, and resources
560	560	24 for prevention, treatment, recovery, and harm reduction, and
561	561	25 to ensure robust public involvement, accountability, and
562	562
563	563
564	564
565	565
566	566
567	567	SB2205 - 15 - LRB103 25032 HLH 51366 b
568	568
569	569
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571	571	SB2205 - 16 - LRB103 25032 HLH 51366 b
572	572	1 transparency in allocating and accounting for the moneys in
573	573	2 the Fund.
574	574	3 (c) Members of the Council shall be appointed as follows:
575	575	4 (1) The Council shall be composed of 14 voting members
576	576	5 and one non-voting ex officio member. The Director of
577	577	6 Public Health shall serve as the non-voting ex officio
578	578	7 member.
579	579	8 (2) Voting members must be residents of this State.
580	580	9 (3) A Council Chair, who shall be a member of the
581	581	10 Council in addition to those appointed under paragraphs
582	582	11 (4) and (5), shall be appointed by the Governor.
583	583	12 (4) The Council shall be further appointed as follows:
584	584	13 (A) one member appointed by the Attorney General;
585	585	14 (B) two members of an association representing
586	586	15 Illinois counties appointed by the Governor;
587	587	16 (C) one member who is a medical professional with
588	588	17 experience working with the U.S. Department of
589	589	18 Veterans Affairs appointed by the Director of
590	590	19 Veterans' Affairs; and
591	591	20 (D) five members appointed by the Director of
592	592	21 Public Health, upon application to and approval by the
593	593	22 Director of Public Health.
594	594	23 (5) The Council shall also consist of 4 members of the
595	595	24 General Assembly appointed one each by the Speaker of the
596	596	25 House of Representatives, the Minority Leader of the House
597	597	26 of Representatives, the President of the Senate, and the
598	598
599	599
600	600
601	601
602	602
603	603	SB2205 - 16 - LRB103 25032 HLH 51366 b
604	604
605	605
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607	607	SB2205 - 17 - LRB103 25032 HLH 51366 b
608	608	1 Minority Leader of the Senate. The requirements of
609	609	2 subsections (d), (e), and (g) shall not apply to members
610	610	3 of the General Assembly appointed under this paragraph
611	611	4 (5).
612	612	5 (d) The appointment of members to the Council shall
613	613	6 account for the following requirements:
614	614	7 (1) Council membership shall include persons who have
615	615	8 experience in providing substance use disorder prevention,
616	616	9 treatment, recovery, and harm reduction services;
617	617	10 (2) Council membership shall include persons, to the
618	618	11 extent practicable, who have expertise, experience, or
619	619	12 education in public health policy or research; medicine;
620	620	13 mental health services; or public budgeting;
621	621	14 (3) Council membership shall also include individuals
622	622	15 with lived experience with substance use disorder
623	623	16 recovery; family members of persons who have, or decedents
624	624	17 who had, a substance use disorder; and representatives of
625	625	18 communities that have been disproportionately impacted by
626	626	19 substance use and disparities in access to care or health
627	627	20 outcomes; and
628	628	21 (4) Council membership shall represent the geographic
629	629	22 regions of the State and shall include persons who reflect
630	630	23 the racial and ethnic diversity of the State.
631	631	24 (e) Council membership terms of office shall be as
632	632	25 follows:
633	633	26 (1) Upon creation of the Council, the members
634	634
635	635
636	636
637	637
638	638
639	639	SB2205 - 17 - LRB103 25032 HLH 51366 b
640	640
641	641
642	642	SB2205- 18 -LRB103 25032 HLH 51366 b SB2205 - 18 - LRB103 25032 HLH 51366 b
643	643	SB2205 - 18 - LRB103 25032 HLH 51366 b
644	644	1 appointed under subsections (c)(4)(C) and (c)(4)(D) shall
645	645	2 serve an initial 2-year term, and the members appointed
646	646	3 under subsections (c)(3), (c)(4)(A), and (c)(4)(B) shall
647	647	4 serve an initial one-year term to enable the staggering of
648	648	5 terms.
649	649	6 (2) With the exception of the initial terms
650	650	7 established in paragraph (1) of this subsection (e), each
651	651	8 appointed member of the Council shall serve a 3-year term.
652	652	9 The beginning of an initial term shall be deemed to be
653	653	10 January 1 of the calendar year in which the appointment
654	654	11 occurs, regardless of whether the actual appointment date
655	655	12 occurs before or after January 1 of that year.
656	656	13 (f) If there is a vacancy in the Council membership, the
657	657	14 vacancy shall be filled in the manner of the original
658	658	15 appointment for the remainder of the term. For the purposes of
659	659	16 reappointment, any partial term filled after a vacancy shall
660	660	17 be considered a full term.
661	661	18 (g) A Council member shall serve no more than 2 terms.
662	662	19 (h) Any member who is appointed may be removed by the
663	663	20 appointing authority for failure to attend at least one-half
664	664	21 of the scheduled meetings in any one-year period, or for
665	665	22 unethical, dishonest, or bad faith conduct.
666	666	23 (i) Council duties and powers.
667	667	24 (1) The Council shall have the following powers and
668	668	25 duties:
669	669	26 (A) recommend and approve policies and procedures
670	670
671	671
672	672
673	673
674	674
675	675	SB2205 - 18 - LRB103 25032 HLH 51366 b
676	676
677	677
678	678	SB2205- 19 -LRB103 25032 HLH 51366 b SB2205 - 19 - LRB103 25032 HLH 51366 b
679	679	SB2205 - 19 - LRB103 25032 HLH 51366 b
680	680	1 for administration of the Council and for the
681	681	2 application, awarding, and disbursement of moneys from
682	682	3 the Fund, to be used for the purposes set forth in
683	683	4 subsection (c) of Section 15;
684	684	5 (B) recommend and approve goals, objectives and
685	685	6 their rationales, sustainability plans, and
686	686	7 performance indicators relating to: (i) substance use
687	687	8 disorder prevention, treatment, recovery, and harm
688	688	9 reduction efforts; (ii) reducing disparities in access
689	689	10 to prevention, treatment, recovery, and harm reduction
690	690	11 programs, services, supports, and resources; and (iii)
691	691	12 improving health outcomes in traditionally underserved
692	692	13 populations, including, but not limited to, those who
693	693	14 live in rural or tribal communities, persons of color,
694	694	15 and formerly incarcerated individuals;
695	695	16 (C) approve awards of moneys from the Fund
696	696	17 exclusively for permissible expenditures set forth in
697	697	18 subsection (c) of Section 15; and
698	698	19 (D) approve suspensions of allocations of moneys
699	699	20 from the Fund to recipients found by the Council or the
700	700	21 Department of Public Health to be substantially out of
701	701	22 compliance with: (i) Council policies or procedures;
702	702	23 (ii) the policies, procedures, or rules of the
703	703	24 Department of Public Health; or (iii) the approved
704	704	25 purpose or use of such monetary awards. The Council
705	705	26 may resume approval of such allocations once the
706	706
707	707
708	708
709	709
710	710
711	711	SB2205 - 19 - LRB103 25032 HLH 51366 b
712	712
713	713
714	714	SB2205- 20 -LRB103 25032 HLH 51366 b SB2205 - 20 - LRB103 25032 HLH 51366 b
715	715	SB2205 - 20 - LRB103 25032 HLH 51366 b
716	716	1 Council or the Department of Public Health has
717	717	2 determined the recipient has adequately remedied the
718	718	3 cause of such suspension.
719	719	4 (2) The Council shall approve allocations of moneys
720	720	5 from the Fund across the State, considering the following
721	721	6 criteria, among others:
722	722	7 (A) the number of people per capita with a
723	723	8 substance use disorder in a county or region of the
724	724	9 State;
725	725	10 (B) disparities in access to care in a county or
726	726	11 region of the State that may preclude persons with a
727	727	12 substance use disorder from obtaining a diagnosis or
728	728	13 receiving evidence-based treatment;
729	729	14 (C) the number of overdose deaths per capita in a
730	730	15 county or region of the State;
731	731	16 (D) the infrastructure, programs, services,
732	732	17 supports, or other resources currently available to
733	733	18 individuals with substance use disorders in a county
734	734	19 or region of the State; and
735	735	20 (E) disparities in access to care and health
736	736	21 outcomes in a county or region of the State.
737	737	22 (j) The Department of Public Health shall have the
738	738	23 following powers and duties with respect to the Council:
739	739	24 (1) employ a full-time executive director of the
740	740	25 Council to plan and support the meetings and functions of
741	741	26 the Council and direct the day-to-day activities required
742	742
743	743
744	744
745	745
746	746
747	747	SB2205 - 20 - LRB103 25032 HLH 51366 b
748	748
749	749
750	750	SB2205- 21 -LRB103 25032 HLH 51366 b SB2205 - 21 - LRB103 25032 HLH 51366 b
751	751	SB2205 - 21 - LRB103 25032 HLH 51366 b
752	752	1 to ensure that proceeds received by this State under
753	753	2 subsection (b) of Section 15 are allocated and spent on
754	754	3 State substance use disorder abatement infrastructure,
755	755	4 programs, services, supports, and resources for
756	756	5 prevention, treatment, recovery, and harm reduction, and
757	757	6 to ensure robust public involvement, accountability, and
758	758	7 transparency in allocating and accounting for the moneys
759	759	8 in the Fund;
760	760	9 (2) provide public health research and policy
761	761	10 expertise, support staff, facilities, technical
762	762	11 assistance, and other resources to assist the executive
763	763	12 director of the Council with the meetings and functions of
764	764	13 the Council and the day-to-day activities required to
765	765	14 ensure that proceeds received by this State under
766	766	15 subsection (b) of Section 15 are allocated and spent on
767	767	16 State substance use disorder abatement infrastructure,
768	768	17 programs, services, supports, and resources for
769	769	18 prevention, treatment, recovery, and harm reduction; and
770	770	19 to ensure robust public involvement, accountability, and
771	771	20 transparency in allocating and accounting for the monies
772	772	21 in the Fund;
773	773	22 (3) utilize, where feasible, appropriations from the
774	774	23 General Revenue Fund and existing infrastructure,
775	775	24 programs, services, supports, or other resources to
776	776	25 address substance use disorders, overdoses, and
777	777	26 drug-related harms in the State;
778	778
779	779
780	780
781	781
782	782
783	783	SB2205 - 21 - LRB103 25032 HLH 51366 b
784	784
785	785
786	786	SB2205- 22 -LRB103 25032 HLH 51366 b SB2205 - 22 - LRB103 25032 HLH 51366 b
787	787	SB2205 - 22 - LRB103 25032 HLH 51366 b
788	788	1 (4) prepare for review and approval by the Council
789	789	2 goals, objectives and their rationales, sustainability
790	790	3 plans, and performance indicators relating to substance
791	791	4 use disorder prevention, treatment, recovery, and harm
792	792	5 reduction efforts and reducing disparities in access to
793	793	6 prevention, treatment, recovery, and harm reduction
794	794	7 programs, services, supports, and resources;
795	795	8 (5) evaluate applications and recommend to the Council
796	796	9 awards and disbursements of moneys from the Fund
797	797	10 exclusively for permissible expenditures set forth in
798	798	11 subsection (c) of Section 15;
799	799	12 (6) maintain oversight over the expenditure of moneys
800	800	13 from the Fund to ensure moneys are used exclusively for
801	801	14 the purposes set forth in subsection (c) of Section 15;
802	802	15 (7) recommend to the Council suspensions of
803	803	16 allocations of moneys from the Fund to recipients found by
804	804	17 the Department of Public Health to be out of compliance
805	805	18 with: (i) Council policies or procedures; (ii) the
806	806	19 policies, procedures, or rules of the Department of Public
807	807	20 Health; or (iii) the approved purpose or use of such
808	808	21 monetary awards;
809	809	22 (8) require recipients of moneys from the Fund to
810	810	23 provide an annual report to the Council detailing the
811	811	24 effectiveness of infrastructure, programs, services,
812	812	25 supports, and resources funded, including, at a minimum:
813	813	26 (i) how the recipient used the moneys for their intended
814	814
815	815
816	816
817	817
818	818
819	819	SB2205 - 22 - LRB103 25032 HLH 51366 b
820	820
821	821
822	822	SB2205- 23 -LRB103 25032 HLH 51366 b SB2205 - 23 - LRB103 25032 HLH 51366 b
823	823	SB2205 - 23 - LRB103 25032 HLH 51366 b
824	824	1 purposes; (ii) the number of individuals served by race,
825	825	2 age, gender, or other demographic factor reported in a
826	826	3 de-identified manner; (iii) a specific analysis of whether
827	827	4 the infrastructure, program, service, support, or
828	828	5 resources reduced mortality or improved prevention,
829	829	6 treatment, harm reduction, or recovery outcomes; and (iv)
830	830	7 if a plan to ensure the sustainability of the
831	831	8 infrastructure, program, service, support, or resources
832	832	9 funded exists, a summary of such plan;
833	833	10 (9) implement and publish on the Council or Department
834	834	11 of Public Health's website, policies and procedures for
835	835	12 administration of the Council and for the application,
836	836	13 awarding, and disbursement of moneys from the Fund, to be
837	837	14 used for the purposes set forth in subsection (c) of
838	838	15 Section 15; and
839	839	16 (10) publish on the Council and Department of Public
840	840	17 Health's website an annual report, free of charge and
841	841	18 available online to the public, of the Council's
842	842	19 activities and effectiveness pursuant to Section 30.
843	843	20 (k) The Council shall hold at least 4 public meetings per
844	844	21 year. A meeting may be called by the chair or by a majority of
845	845	22 the Council's members. Members may attend meetings in person,
846	846	23 remotely by audio-visual means, or, upon approval by the
847	847	24 chair, by audio-only means. Meetings shall be publicized and
848	848	25 held in a manner reasonably designed to facilitate in-person
849	849	26 and live-stream attendance by residents throughout the State.
850	850
851	851
852	852
853	853
854	854
855	855	SB2205 - 23 - LRB103 25032 HLH 51366 b
856	856
857	857
858	858	SB2205- 24 -LRB103 25032 HLH 51366 b SB2205 - 24 - LRB103 25032 HLH 51366 b
859	859	SB2205 - 24 - LRB103 25032 HLH 51366 b
860	860	1 The Council shall function in a manner consistent with the
861	861	2 Open Meetings Act and with the federal Americans with
862	862	3 Disabilities Act.
863	863	4 (l) For each meeting of the Council, a majority of the
864	864	5 appointed voting members shall constitute a quorum for the
865	865	6 transaction of business. If there is a quorum, then all
866	866	7 actions of the Council shall be taken by an affirmative vote of
867	867	8 a majority of the members present at the meeting. Each voting
868	868	9 member shall have one vote.
869	869	10 (m) Members of the Council shall receive no compensation
870	870	11 for serving as members, but may be reimbursed for their actual
871	871	12 and necessary expenses incurred in carrying out their duties
872	872	13 as members of the Council.
873	873	14 (n) Members must disclose to the Council, refrain from
874	874	15 participating in discussions, and recuse themselves from
875	875	16 voting on any matter before the Council if members have a
876	876	17 conflict of interest.
877	877	18 (o) The Council will terminate when all moneys received
878	878	19 pursuant to subsection (b) of Section 15 have been received
879	879	20 and disbursed, unless the Attorney General certifies that
880	880	21 additional moneys are anticipated.
881	881	22 (p) The Council shall create and maintain a website, free
882	882	23 of charge and available to the public, which shall include, at
883	883	24 a minimum, Council meeting attendance rolls and minutes,
884	884	25 including, but not limited to: (i) records of all votes on
885	885	26 expenditures of moneys from the Fund; (ii) recipient
886	886
887	887
888	888
889	889
890	890
891	891	SB2205 - 24 - LRB103 25032 HLH 51366 b
892	892
893	893
894	894	SB2205- 25 -LRB103 25032 HLH 51366 b SB2205 - 25 - LRB103 25032 HLH 51366 b
895	895	SB2205 - 25 - LRB103 25032 HLH 51366 b
896	896	1 agreements and reports required under paragraph (8) of
897	897	2 subsection (j); (iii) policies and procedures approved by the
898	898	3 Council; (iv) Council-related policies, procedures, and rules,
899	899	4 adopted by Council; and the Council's annual reports.
900	900	5 Section 25. Court order.
901	901	6 (a) Except as provided in subsection (b), the Council
902	902	7 shall disburse moneys from the Fund in a manner consistent
903	903	8 with the limitations on uses of litigation proceeds set forth
904	904	9 in any controlling court order.
905	905	10 (b) If a controlling court order permits expenditures
906	906	11 other than or in excess of expenditures authorized under
907	907	12 subsection (c) of Section 15, the Council shall adhere to the
908	908	13 limitations on use of moneys set forth in subsection (c) of
909	909	14 Section 15. If subsection (c) of Section 15 permits
910	910	15 expenditures other than or in excess of those authorized in a
911	911	16 controlling court order, the Council shall adhere to the
912	912	17 limitations on use of moneys set forth in the court order. If a
913	913	18 controlling court order allocates litigation proceeds among
914	914	19 counties or regions of this State, paragraph (2) of subsection
915	915	20 (i) of Section 20 shall not apply, and the Council shall
916	916	21 disburse moneys from the Fund according to the allocations set
917	917	22 forth in the court order.
918	918	23 Section 30. Reporting.
919	919	24 (a) Not later than December 31 of each year, beginning one
920	920
921	921
922	922
923	923
924	924
925	925	SB2205 - 25 - LRB103 25032 HLH 51366 b
926	926
927	927
928	928	SB2205- 26 -LRB103 25032 HLH 51366 b SB2205 - 26 - LRB103 25032 HLH 51366 b
929	929	SB2205 - 26 - LRB103 25032 HLH 51366 b
930	930	1 year after the initial deposit of proceeds into the Fund, the
931	931	2 Department of Public Health, in consultation with the Council,
932	932	3 shall provide a written report to the Governor and the General
933	933	4 Assembly detailing the Council's activities during the prior
934	934	5 calendar year. The report shall be published on the website of
935	935	6 the Council and the Department of Public Health.
936	936	7 (b) The written annual report on the Council's activities
937	937	8 shall include, at a minimum:
938	938	9 (1) the opening and closing balance of the Fund for
939	939	10 the calendar year;
940	940	11 (2) an accounting of all credits to, and expenditures
941	941	12 from, the Fund;
942	942	13 (3) the name and a description of each recipient of
943	943	14 moneys from the Fund, and the amount awarded to such
944	944	15 recipient;
945	945	16 (4) a description of each award's intended use,
946	946	17 including the specific program, service, or resource
947	947	18 funded, the population served, and the measures that the
948	948	19 recipient will use to assess the impact of the award;
949	949	20 (5) the primary criteria used to determine each
950	950	21 recipient and its respective award amount;
951	951	22 (6) a summary of information included in the recipient
952	952	23 report required under paragraph (8) of subsection (j) of
953	953	24 Section 20;
954	954	25 (7) all applications for an award of moneys from the
955	955	26 Fund received during the calendar year;
956	956
957	957
958	958
959	959
960	960
961	961	SB2205 - 26 - LRB103 25032 HLH 51366 b
962	962
963	963
964	964	SB2205- 27 -LRB103 25032 HLH 51366 b SB2205 - 27 - LRB103 25032 HLH 51366 b
965	965	SB2205 - 27 - LRB103 25032 HLH 51366 b
966	966	1 (8) a description of any finding or concern as to
967	967	2 whether all moneys disbursed from the Fund, other than
968	968	3 expenses authorized under paragraphs (8) and (9) of
969	969	4 subsection (c) of Section 15, supplemented, and did not
970	970	5 supplant or replace, any existing or future local, State,
971	971	6 or federal government funding; and
972	972	7 (9) the performance indicators and progress toward
973	973	8 achieving the goals and objectives developed under
974	974	9 subparagraph (B) of paragraph (1) of subsection (i) of
975	975	10 Section 20, including metrics on improving outcomes and
976	976	11 reducing mortality and other harms related to substance
977	977	12 use disorders.
978	978	13 Section 35. Rules. The Department of Public Health shall
979	979	14 adopt rules for the implementation of this Act, including, but
980	980	15 not limited to, guidelines and requirements related to
981	981	16 providing staff, facilities, technical assistance, and other
982	982	17 resources to assist with the meetings and functions of the
983	983	18 Council.
984	984	19 Section 100. The State Finance Act is amended by adding
985	985	20 Section 5.990 as follows:
986	986	21 (30 ILCS 105/5.990 new)
987	987	22 Sec. 5.990. The The Opioid Litigation Proceeds Fund.
988	988
989	989
990	990
991	991
992	992
993	993	SB2205 - 27 - LRB103 25032 HLH 51366 b