Indiana 2022 Regular Session

Indiana House Bill HB1193 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1193.1
	2	+	February 18, 2022
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1193
	5	+	_____
	6	+	DIGEST OF HB 1193 (Updated February 17, 2022 9:40 am - DI 129)
	7	+	Citations Affected: IC 4-6.
	8	+	Synopsis: Opioid litigation. Amends the deadline by which a political
	9	+	subdivision may opt back in to an opioid litigation settlement. Requires
	10	+	a political subdivision to submit a copy of the agreement executed
	11	+	between the political subdivision and the private legal counsel of the
	12	+	political subdivision when opting back into the opioid litigation
	13	+	(Continued next page)
	14	+	Effective: Upon passage.
	15	+	Karickhoff, Brown T, GiaQuinta
	16	+	(SENATE SPONSORS — MISHLER, RANDOLPH LONNIE M)
	17	+	January 6, 2022, read first time and referred to Committee on Ways and Means.
	18	+	January 20, 2022, amended, reported — Do Pass.
	19	+	January 25, 2022, read second time, amended, ordered engrossed.
	20	+	January 26, 2022, engrossed. Read third time, passed. Yeas 94, nays 0.
	21	+	SENATE ACTION
	22	+	February 2, 2022, read first time and referred to Committee on Appropriations.
	23	+	February 17, 2022, amended, reported favorably — Do Pass.
	24	+	EH 1193—LS 6574/DI 149 Digest Continued
	25	+	settlement. Removes language providing that no political subdivision
	26	+	has any claim to any settlement proceeds for litigation against any
	27	+	opioid party not yet filed by the state as of a certain date. Removes
	28	+	certain requirements concerning the payment of costs, expenses, and
	29	+	attorney's fees and costs arising from opioid litigation. Changes the
	30	+	basis by which the agency settlement fund distributes funds to cities,
	31	+	counties, and towns. Reduces the percentage of opioid litigation
	32	+	settlement funds distributed for use of statewide treatment, education,
	33	+	and prevention programs for opioid use disorder. Provides that 35% of
	34	+	opioid litigation settlement funds are to be distributed to cities,
	35	+	counties, and towns for programs for treatment, prevention, and care
	36	+	that are best practices for opioid use disorder. Provides that funds
	37	+	received from the opioid settlement may not be distributed to a city,
	38	+	county, or town that has opted out of the settlement and that the
	39	+	remaining funds shall be distributed to the cities, counties, or towns
	40	+	that have opted into the settlement.
	41	+	EH 1193—LS 6574/DI 149 February 18, 2022
1	42		Second Regular Session of the 122nd General Assembly (2022)
2	43		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	44		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	45		additions will appear in this style type, and deletions will appear in this style type.
5	46		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	47		provision adopted), the text of the new provision will appear in this style type. Also, the
7	48		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	49		a new provision to the Indiana Code or the Indiana Constitution.
9	50		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	51		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1193
12		-	AN ACT to amend the Indiana Code concerning state offices and
13		-	administration.
	52	+	ENGROSSED
	53	+	HOUSE BILL No. 1193
	54	+	A BILL FOR AN ACT to amend the Indiana Code concerning state
	55	+	offices and administration.
14	56		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 4-6-15-2, AS ADDED BY P.L.165-2021,
16		-	SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b), all
18		-	political subdivisions shall be considered a party to any settlement,
19		-	including a settlement in lieu of litigation, in opioid litigation by the
20		-	attorney general with an opioid party that is finalized with court
21		-	approval after March 1, 2021. Except as provided in subsection (b),
22		-	political subdivisions shall be bound by the terms of any opioid
23		-	litigation settlement imposed by a bankruptcy court or any other court
24		-	of competent jurisdiction as accepted by the attorney general.
25		-	(b) A political subdivision that has filed opioid litigation on or
26		-	before January 1, 2021, may opt out of the settlement described in this
27		-	section and choose to pursue its own claims by submitting written
28		-	documentation as prescribed in subsection (c) to the attorney general
29		-	by June 30, 2021. Except as provided in subsection (d), any political
30		-	subdivision that opts out and chooses to maintain its own lawsuit under
31		-	this section shall have no claim to any state or political subdivision
32		-	funds paid according to the settlement authorized or approved by the
33		-	attorney general.
34		-	(c) A document submitted by a political subdivision under
35		-	subsection (b) to opt out of the settlement shall include:
36		-	HEA 1193 — Concur 2
37		-	(1) the name of the political subdivision electing to opt out;
38		-	(2) contact information for an individual at the political
39		-	subdivision who can provide information regarding the decision
40		-	to opt out; and
41		-	(3) a certified copy of the resolution adopted by the political
42		-	subdivision to opt out;
43		-	of the settlement.
44		-	(d) Notwithstanding subsection (b), a political subdivision may opt
45		-	back in to a settlement by submission of:
46		-	(1) the name of the political subdivision opting back in;
47		-	(2) contact information for an individual at the political
48		-	subdivision who can provide information regarding the decision
49		-	to opt back in; and
50		-	(3) a certified copy of the resolution adopted by the political
51		-	subdivision to opt back in; and
52		-	(4) a copy of the agreement that includes a term setting the
53		-	amount of attorney's fees and costs owed to the private legal
54		-	counsel executed between the private legal counsel of the
55		-	political subdivision and the political subdivision that is opting
56		-	back in;
57		-	to the settlement to the attorney general by the earlier of sixty (60) days
58		-	after the political subdivision adopted a resolution to opt out of the
59		-	settlement or September 30, 2021, whichever occurs first. July 15,
60		-	2022.
61		-	(e) A political subdivision that has not made a choice to opt out or
62		-	that has opted back in to the settlement is bound by full release, waiver,
63		-	and dismissal of all claims against the opioid party.
64		-	(f) No political subdivision has any claim to any settlement proceeds
65		-	for litigation against any opioid party not yet filed by the state as of the
66		-	effective date of this chapter, as added by HEA 1001-2021.
67		-	SECTION 2. IC 4-6-15-3, AS ADDED BY P.L.165-2021,
68		-	SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69		-	UPON PASSAGE]: Sec. 3. (a) After January 1, 2021, no political
70		-	subdivision shall initiate or file opioid litigation in any court.
71		-	(b) The state and each political subdivision shall be solely
72		-	responsible for paying all costs, expenses, and attorney's fees arising
73		-	from opioid litigation brought under their respective authorities,
74		-	including any attorney's fees owed to private legal counsel, and may not
75		-	seek payment for reimbursement of such costs, expenses, and attorney's
76		-	fees from money to be used for treatment, education, and prevention
77		-	programs for opioid use disorder and any co-occurring substance use
78		-	disorder or mental health issues. Payment of attorney's fees may be
79		-	HEA 1193 — Concur 3
80		-	sought from specific attorney's fee, costs, and expenses funds set up by
81		-	the settlement agreement.
82		-	SECTION 3. IC 4-6-15-4, AS ADDED BY P.L.165-2021,
83		-	SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
84		-	UPON PASSAGE]: Sec. 4. (a) Funds received from opioid litigation
85		-	settlements that resolve existing state and political subdivision
86		-	litigation lawsuits as of January 1, 2021, shall be distributed in the
87		-	following manner:
88		-	(1) Fifteen percent (15%) to the agency settlement fund
89		-	established by IC 4-12-16-2 for the benefit of the state.
90		-	(2) Fifteen percent (15%) to the agency settlement fund
91		-	established by IC 4-12-16-2 for distribution to cities, counties,
92		-	and towns on a per capita basis. For purposes of this subdivision,
93		-	the population, as determined under IC 1-1-3.5-3(a), of a county
94		-	is the aggregate population for all unincorporated areas of the
95		-	county. according to a weighted distribution formula
96		-	identified in settlement documents that accounts for opioid
97		-	impacts in communities.
98		-	(3) Seventy percent (70%) Thirty-five percent (35%) to the
99		-	agency settlement fund established by IC 4-12-16-2 to be used for
100		-	statewide treatment, education, and prevention programs for
101		-	opioid use disorder and any co-occurring substance use disorder
102		-	or mental health issues as defined or required by the settlement
103		-	documents or court order.
104		-	(4) Thirty-five percent (35%) to the agency settlement fund
	57	+	1 SECTION 1. IC 4-6-15-2, AS ADDED BY P.L.165-2021,
	58	+	2 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	59	+	3 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b), all
	60	+	4 political subdivisions shall be considered a party to any settlement,
	61	+	5 including a settlement in lieu of litigation, in opioid litigation by the
	62	+	6 attorney general with an opioid party that is finalized with court
	63	+	7 approval after March 1, 2021. Except as provided in subsection (b),
	64	+	8 political subdivisions shall be bound by the terms of any opioid
	65	+	9 litigation settlement imposed by a bankruptcy court or any other court
	66	+	10 of competent jurisdiction as accepted by the attorney general.
	67	+	11 (b) A political subdivision that has filed opioid litigation on or
	68	+	12 before January 1, 2021, may opt out of the settlement described in this
	69	+	13 section and choose to pursue its own claims by submitting written
	70	+	14 documentation as prescribed in subsection (c) to the attorney general
	71	+	15 by June 30, 2021. Except as provided in subsection (d), any political
	72	+	16 subdivision that opts out and chooses to maintain its own lawsuit under
	73	+	17 this section shall have no claim to any state or political subdivision
	74	+	EH 1193—LS 6574/DI 149 2
	75	+	1 funds paid according to the settlement authorized or approved by the
	76	+	2 attorney general.
	77	+	3 (c) A document submitted by a political subdivision under
	78	+	4 subsection (b) to opt out of the settlement shall include:
	79	+	5 (1) the name of the political subdivision electing to opt out;
	80	+	6 (2) contact information for an individual at the political
	81	+	7 subdivision who can provide information regarding the decision
	82	+	8 to opt out; and
	83	+	9 (3) a certified copy of the resolution adopted by the political
	84	+	10 subdivision to opt out;
	85	+	11 of the settlement.
	86	+	12 (d) Notwithstanding subsection (b), a political subdivision may opt
	87	+	13 back in to a settlement by submission of:
	88	+	14 (1) the name of the political subdivision opting back in;
	89	+	15 (2) contact information for an individual at the political
	90	+	16 subdivision who can provide information regarding the decision
	91	+	17 to opt back in; and
	92	+	18 (3) a certified copy of the resolution adopted by the political
	93	+	19 subdivision to opt back in; and
	94	+	20 (4) a copy of the agreement that includes a term setting the
	95	+	21 amount of attorney's fees and costs owed to the private legal
	96	+	22 counsel executed between the private legal counsel of the
	97	+	23 political subdivision and the political subdivision that is opting
	98	+	24 back in;
	99	+	25 to the settlement to the attorney general by the earlier of sixty (60) days
	100	+	26 after the political subdivision adopted a resolution to opt out of the
	101	+	27 settlement or September 30, 2021, whichever occurs first. July 15,
	102	+	28 2022.
	103	+	29 (e) A political subdivision that has not made a choice to opt out or
	104	+	30 that has opted back in to the settlement is bound by full release, waiver,
	105	+	31 and dismissal of all claims against the opioid party.
	106	+	32 (f) No political subdivision has any claim to any settlement proceeds
	107	+	33 for litigation against any opioid party not yet filed by the state as of the
	108	+	34 effective date of this chapter, as added by HEA 1001-2021.
	109	+	35 SECTION 2. IC 4-6-15-3, AS ADDED BY P.L.165-2021,
	110	+	36 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	111	+	37 UPON PASSAGE]: Sec. 3. (a) After January 1, 2021, no political
	112	+	38 subdivision shall initiate or file opioid litigation in any court.
	113	+	39 (b) The state and each political subdivision shall be solely
	114	+	40 responsible for paying all costs, expenses, and attorney's fees arising
	115	+	41 from opioid litigation brought under their respective authorities,
	116	+	42 including any attorney's fees owed to private legal counsel, and may not
	117	+	EH 1193—LS 6574/DI 149 3
	118	+	1 seek payment for reimbursement of such costs, expenses, and attorney's
	119	+	2 fees from money to be used for treatment, education, and prevention
	120	+	3 programs for opioid use disorder and any co-occurring substance use
	121	+	4 disorder or mental health issues. Payment of attorney's fees may be
	122	+	5 sought from specific attorney's fee, costs, and expenses funds set up by
	123	+	6 the settlement agreement.
	124	+	7 SECTION 3. IC 4-6-15-4, AS ADDED BY P.L.165-2021,
	125	+	8 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	126	+	9 UPON PASSAGE]: Sec. 4. (a) Funds received from opioid litigation
	127	+	10 settlements that resolve existing state and political subdivision
	128	+	11 litigation lawsuits as of January 1, 2021, shall be distributed in the
	129	+	12 following manner:
	130	+	13 (1) Fifteen percent (15%) to the agency settlement fund
	131	+	14 established by IC 4-12-16-2 for the benefit of the state.
	132	+	15 (2) Fifteen percent (15%) to the agency settlement fund
	133	+	16 established by IC 4-12-16-2 for distribution to cities, counties,
	134	+	17 and towns on a per capita basis. For purposes of this subdivision,
	135	+	18 the population, as determined under IC 1-1-3.5-3(a), of a county
	136	+	19 is the aggregate population for all unincorporated areas of the
	137	+	20 county. according to a weighted distribution formula
	138	+	21 identified in settlement documents that accounts for opioid
	139	+	22 impacts in communities.
	140	+	23 (3) Seventy percent (70%) Thirty-five percent (35%) to the
	141	+	24 agency settlement fund established by IC 4-12-16-2 to be used for
	142	+	25 statewide treatment, education, and prevention programs for
	143	+	26 opioid use disorder and any co-occurring substance use disorder
	144	+	27 or mental health issues as defined or required by the settlement
	145	+	28 documents or court order.
	146	+	29 (4) Thirty-five percent (35%) to the agency settlement fund
	147	+	30 established by IC 4-12-16-2 for distribution to cities, counties,
	148	+	31 and towns according to a weighted distribution formula
	149	+	32 identified in settlement documents that accounts for opioid
	150	+	33 impacts in communities. However, if a city's or town's annual
	151	+	34 distribution under this subdivision is less than one thousand
	152	+	35 dollars ($1,000), the city's or town's annual distribution must
	153	+	36 instead be distributed to the county in which the city or town
	154	+	37 is located. Distributions under this subdivision may be used
	155	+	38 only for programs of treatment, prevention, and care that are
	156	+	39 best practices as defined or required by the settlement
	157	+	40 documents or court order.
	158	+	41 (b) The amount amounts distributed to the agency settlement fund
	159	+	42 under subsection (a)(2) is subsection (a)(2) and (a)(4) are annually
	160	+	EH 1193—LS 6574/DI 149 4
	161	+	1 appropriated to the office of the attorney general to make the
	162	+	2 distributions described under subsection (a)(2). subsection (a)(2) and
	163	+	3 (a)(4).
	164	+	4 (c) Funds received from the settlement may not be distributed
	165	+	5 to a city, county, or town that has opted out of the settlement under
	166	+	6 section 2(b) of this chapter. The settlement funds that are not
	167	+	7 distributed to the cities, counties, or towns that have opted out of
	168	+	8 the settlement must be distributed in the manner set forth under
	169	+	9 subsection (a)(2) and (a)(4) to the cities, counties, or towns that
	170	+	10 have opted into the settlement.
	171	+	11 (c) (d) The amount distributed to the agency settlement fund under
	172	+	12 subsection (a)(3) is annually appropriated to the office of the secretary
	173	+	13 of family and social services for treatment, education, and prevention
	174	+	14 programs for opioid use disorder and any co-occurring substance use
	175	+	15 disorder or mental health issues as defined or required by the
	176	+	16 settlement documents or court order. The office of the secretary of
	177	+	17 family and social services shall allocate fifty percent (50%) of the
	178	+	18 funds received annually under this subsection to eligible
	179	+	19 community-based treatment, education, and prevention programs for
	180	+	20 opioid use disorder and any co-occurring substance use disorder or
	181	+	21 mental health issues. The office of the secretary of family and social
	182	+	22 services shall divide the state into regions based on population and
	183	+	23 ensure that funds are awarded to participating entities in each region of
	184	+	24 the state. Data from calendar years beginning after December 31, 2017,
	185	+	25 and ending before January 1, 2021, related to opioid use disorder
	186	+	26 during those calendar years, including overdoses and deaths, may be
	187	+	27 considered in the process of determining regional funding allocations
	188	+	28 under this subsection. The office of the secretary of family and social
	189	+	29 services may adopt rules under IC 4-22-2 to define the regions within
	190	+	30 the state and for determining a process for the application and awarding
	191	+	31 of funds. Before the remaining fifty percent (50%) thirty-five percent
	192	+	32 (35%) of the funds received under this subsection may be distributed,
	193	+	33 the office of the secretary of family and social services shall submit a
	194	+	34 distribution plan to the budget committee for review.
	195	+	35 (d) (e) All entities receiving settlement funds to be used for
	196	+	36 treatment, education, and prevention programs for opioid use disorder
	197	+	37 and any co-occurring substance use disorder or mental health issues
	198	+	38 shall monitor the use of those funds and provide an annual report to the
	199	+	39 office of the secretary of family and social services not later than a date
	200	+	40 determined by the office of the secretary of family and social services.
	201	+	41 (e) (f) The office of the secretary of family and social services shall
	202	+	42 compile and submit an annual comprehensive report of the information
	203	+	EH 1193—LS 6574/DI 149 5
	204	+	1 received under subsection (d) (e) to the general assembly in an
	205	+	2 electronic format under IC 5-14-6 not later than October 1 of each year
	206	+	3 identifying all funds committed and used as specified by any settlement
	207	+	4 documents or court order.
	208	+	5 SECTION 4. IC 4-6-15-5 IS ADDED TO THE INDIANA CODE
	209	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	210	+	7 UPON PASSAGE]: Sec. 5. Before distributing funds to a city,
	211	+	8 county, or town that has opted back into a settlement under section
	212	+	9 2(d) of this chapter, the budget agency shall:
	213	+	10 (1) withhold from distribution to the city, county, or town the
	214	+	11 funds owed to the private legal counsel of the city, county, or
	215	+	12 town in the amount set forth in the agreement between the
	216	+	13 city, county, or town and private legal counsel; and
	217	+	14 (2) distribute the attorney's fees and costs to the private legal
	218	+	15 counsel of the city, county, or town in the amount set forth in
	219	+	16 the agreement between the city, county, or town and private
	220	+	17 legal counsel.
	221	+	18 SECTION 5. An emergency is declared for this act.
	222	+	EH 1193—LS 6574/DI 149 6
	223	+	COMMITTEE REPORT
	224	+	Mr. Speaker: Your Committee on Ways and Means, to which was
	225	+	referred House Bill 1193, has had the same under consideration and
	226	+	begs leave to report the same back to the House with the
	227	+	recommendation that said bill be amended as follows:
	228	+	Delete everything after the enacting clause and insert the following:
	229	+	(SEE TEXT OF BILL)
	230	+	and when so amended that said bill do pass.
	231	+	(Reference is to HB 1193 as introduced.)
	232	+	BROWN T
	233	+	Committee Vote: yeas 20, nays 0.
	234	+	_____
	235	+	HOUSE MOTION
	236	+	Mr. Speaker: I move that House Bill 1193 be amended to read as
	237	+	follows:
	238	+	Page 2, line 40, strike "on a per capita basis. For purposes of this
	239	+	subdivision,".
	240	+	Page 2, strike lines 41 through 42.
	241	+	Page 3, line 1, strike "county." and insert "according to a weighted
	242	+	distribution formula identified in settlement documents that
	243	+	accounts for opioid impacts in communities.".
	244	+	Page 3, line 2, strike "Seventy percent (70%)" and insert
	245	+	"Thirty-five percent (35%)".
	246	+	Page 3, between lines 6 and 7, begin a new line block indented and
	247	+	insert:
	248	+	"(4) Thirty-five percent (35%) to the agency settlement fund
105	249		established by IC 4-12-16-2 for distribution to cities, counties,
106	250		and towns according to a weighted distribution formula
107	251		identified in settlement documents that accounts for opioid
108	252		impacts in communities. However, if a city's or town's annual
109	253		distribution under this subdivision is less than one thousand
110	254		dollars ($1,000), the city's or town's annual distribution must
111	255		instead be distributed to the county in which the city or town
112	256		is located. Distributions under this subdivision may be used
113		-	only for programs of treatment, prevention, and care that are
114		-	best practices as defined or required by the settlement
115		-	documents or court order.
116		-	(b) The amount amounts distributed to the agency settlement fund
117		-	under subsection (a)(2) is subsection (a)(2) and (a)(4) are annually
118		-	appropriated to the office of the attorney general to make the
119		-	distributions described under subsection (a)(2). subsection (a)(2) and
120		-	(a)(4).
121		-	(c) Funds received from the settlement may not be distributed
122		-	HEA 1193 — Concur 4
	257	+	only for regional programs of treatment, prevention, and care
	258	+	EH 1193—LS 6574/DI 149 7
	259	+	that are best practices as defined or required by the
	260	+	settlement documents or court order.".
	261	+	Page 3, line 7, strike "amount" and insert "amounts".
	262	+	Page 3, line 8, strike "subsection (a)(2) is" and insert "subsection
	263	+	(a)(2) and (a)(4) are".
	264	+	Page 3, line 9, strike "subsection (a)(2)." and insert "subsection
	265	+	(a)(2) and (a)(4).".
	266	+	Page 3, line 15, strike "The office of the secretary of".
	267	+	Page 3, strike lines 16 through 17.
	268	+	Page 3, line 30, delete "regional programs of treatment, prevention,
	269	+	and care that".
	270	+	Page 3, delete line 31.
	271	+	Page 3, line 32, delete "family and social services.".
	272	+	Page 3, line 32, strike "remaining fifty percent (50%)" and insert
	273	+	"thirty-five percent (35%)".
	274	+	(Reference is to HB 1193 as printed January 20, 2022.)
	275	+	BROWN T
	276	+	_____
	277	+	COMMITTEE REPORT
	278	+	Madam President: The Senate Committee on Appropriations, to
	279	+	which was referred House Bill No. 1193, has had the same under
	280	+	consideration and begs leave to report the same back to the Senate with
	281	+	the recommendation that said bill be AMENDED as follows:
	282	+	Page 2, line 17, strike "and".
	283	+	Page 2, line 19, after "in;" insert "and
	284	+	(4) a copy of the agreement that includes a term setting the
	285	+	amount of attorney's fees and costs owed to the private legal
	286	+	counsel executed between the private legal counsel of the
	287	+	political subdivision and the political subdivision that is opting
	288	+	back in;".
	289	+	Page 2, between lines 29 and 30, begin a new paragraph and insert:
	290	+	"SECTION 2. IC 4-6-15-3, AS ADDED BY P.L.165-2021,
	291	+	SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	292	+	UPON PASSAGE]: Sec. 3. (a) After January 1, 2021, no political
	293	+	subdivision shall initiate or file opioid litigation in any court.
	294	+	(b) The state and each political subdivision shall be solely
	295	+	responsible for paying all costs, expenses, and attorney's fees arising
	296	+	EH 1193—LS 6574/DI 149 8
	297	+	from opioid litigation brought under their respective authorities,
	298	+	including any attorney's fees owed to private legal counsel, and may not
	299	+	seek payment for reimbursement of such costs, expenses, and attorney's
	300	+	fees from money to be used for treatment, education, and prevention
	301	+	programs for opioid use disorder and any co-occurring substance use
	302	+	disorder or mental health issues. Payment of attorney's fees may be
	303	+	sought from specific attorney's fee, costs, and expenses funds set up by
	304	+	the settlement agreement.".
	305	+	Page 3, line 19, delete "regional".
	306	+	Page 3, between lines 26 and 27 begin a new paragraph and insert:
	307	+	"(c) Funds received from the settlement may not be distributed
123	308		to a city, county, or town that has opted out of the settlement under
124	309		section 2(b) of this chapter. The settlement funds that are not
125	310		distributed to the cities, counties, or towns that have opted out of
126	311		the settlement must be distributed in the manner set forth under
127	312		subsection (a)(2) and (a)(4) to the cities, counties, or towns that
128		-	have opted into the settlement.
129		-	(c) (d) The amount distributed to the agency settlement fund under
130		-	subsection (a)(3) is annually appropriated to the office of the secretary
131		-	of family and social services for treatment, education, and prevention
132		-	programs for opioid use disorder and any co-occurring substance use
133		-	disorder or mental health issues as defined or required by the
134		-	settlement documents or court order. The office of the secretary of
135		-	family and social services shall allocate fifty percent (50%) of the
136		-	funds received annually under this subsection to eligible
137		-	community-based treatment, education, and prevention programs for
138		-	opioid use disorder and any co-occurring substance use disorder or
139		-	mental health issues. The office of the secretary of family and social
140		-	services shall divide the state into regions based on population and
141		-	ensure that funds are awarded to participating entities in each region of
142		-	the state. Data from calendar years beginning after December 31, 2017,
143		-	and ending before January 1, 2021, related to opioid use disorder
144		-	during those calendar years, including overdoses and deaths, may be
145		-	considered in the process of determining regional funding allocations
146		-	under this subsection. The office of the secretary of family and social
147		-	services may adopt rules under IC 4-22-2 to define the regions within
148		-	the state and for determining a process for the application and awarding
149		-	of funds. Before the remaining fifty percent (50%) thirty-five percent
150		-	(35%) of the funds received under this subsection may be distributed,
151		-	the office of the secretary of family and social services shall submit a
152		-	distribution plan to the budget committee for review.
153		-	(d) (e) All entities receiving settlement funds to be used for
154		-	treatment, education, and prevention programs for opioid use disorder
155		-	and any co-occurring substance use disorder or mental health issues
156		-	shall monitor the use of those funds and provide an annual report to the
157		-	office of the secretary of family and social services not later than a date
158		-	determined by the office of the secretary of family and social services.
159		-	(e) (f) The office of the secretary of family and social services shall
160		-	compile and submit an annual comprehensive report of the information
161		-	received under subsection (d) (e) to the general assembly in an
162		-	electronic format under IC 5-14-6 not later than October 1 of each year
163		-	identifying all funds committed and used as specified by any settlement
164		-	documents or court order.
165		-	HEA 1193 — Concur 5
166		-	SECTION 4. IC 4-6-15-5 IS ADDED TO THE INDIANA CODE
	313	+	have opted into the settlement.".
	314	+	Page 3, line 27, strike "(c)" and insert "(d)".
	315	+	Page 4, line 9, strike "(d)" and insert "(e)".
	316	+	Page 4, line 15, strike "(e)" and insert "(f)".
	317	+	Page 4, line 17, strike "(d)" and insert "(e)".
	318	+	Page 4, between lines 20 and 21, begin a new paragraph and insert:
	319	+	"SECTION 5. IC 4-6-15-5 IS ADDED TO THE INDIANA CODE
167	320		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
168	321		UPON PASSAGE]: Sec. 5. Before distributing funds to a city,
169	322		county, or town that has opted back into a settlement under section
170	323		2(d) of this chapter, the budget agency shall:
171	324		(1) withhold from distribution to the city, county, or town the
172	325		funds owed to the private legal counsel of the city, county, or
173	326		town in the amount set forth in the agreement between the
174	327		city, county, or town and private legal counsel; and
175	328		(2) distribute the attorney's fees and costs to the private legal
176	329		counsel of the city, county, or town in the amount set forth in
177	330		the agreement between the city, county, or town and private
178		-	legal counsel.
179		-	~~SECTION 5~~. ~~An emergency is declared for this act.~~
180		-	~~HEA 1193 — Concur Speaker of the House of Representatives~~
181		-	~~President of the Senate~~
182		-	~~President Pro Tempore~~
183		-	~~Governor of the State of Indiana~~
184		-	~~Date~~: ~~Time:~~
185		-	~~HEA~~ 1193 ~~— Concur~~
	331	+	legal counsel.".
	332	+	Renumber all SECTIONS consecutively.
	333	+	and when so amended that said bill do pass.
	334	+	EH 1193—LS 6574/DI 149 9
	335	+	(Reference is to HB 1193 as reprinted January 26, 2022.)
	336	+	MISHLER, Chairperson
	337	+	Committee Vote: Yeas 11, Nays 0.
	338	+	EH 1193—LS 6574/DI 149