EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0495*
SENATE BILL 495
J1 5lr2942
CF 5lr2502
By: Senator Ellis
Introduced and read first time: January 23, 2025
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Opioid Restitution Fund – Authorized Uses 2
FOR the purpose of altering the allowable uses of the Opioid Restitution Fund to provide 3
funds for the operating expenses and personnel costs for investigations, enforcement 4
actions, and other activities conducted by the Opioids Enforcement Unit within the 5
Office of the Attorney General that are related to the recovery of funds from 6
opioid–related judgments and settlements; and generally relating to the Opioid 7
Restitution Fund. 8
BY repealing and reenacting, without amendments, 9
Article – State Finance and Procurement 10
Section 7–331(a) through (e) 11
Annotated Code of Maryland 12
(2021 Replacement Volume and 2024 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – State Finance and Procurement 15
Section 7–331(f) 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2024 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – State Finance and Procurement 21
7–331. 22
(a) In this section, “Fund” means the Opioid Restitution Fund. 23
(b) There is an Opioid Restitution Fund. 24 2 SENATE BILL 495
(c) The purpose of the Fund is to retain the amount of settlement revenues 1
deposited to the Fund in accordance with subsection (e)(1) of this section. 2
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 3
this subtitle. 4
(2) The State Treasurer shall hold the Fund separately, and the 5
Comptroller shall account for the Fund. 6
(e) The Fund consists of: 7
(1) all revenues received by the State from any source resulting, directly or 8
indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid 9
research associations, or any other person in the opioid industry relating to any claims 10
made or prosecuted by the State to recover damages for violations of State law; and 11
(2) the interest earnings of the Fund. 12
(f) The Fund may be used only to provide funds for: 13
(1) programs, services, supports, and resources for evidence–based 14
substance use disorder prevention, treatment, recovery, or harm reduction that have the 15
purpose of: 16
(i) improving access to medications proven to prevent or reverse an 17
overdose, including by supporting the initiative to co–locate naloxone with automated 18
external defibrillators placed in public buildings under § 13–518 of the Education Article; 19
(ii) supporting peer support specialists and screening, brief 20
intervention, and referral to treatment services for hospitals, correctional facilities, and 21
other high–risk populations; 22
(iii) increasing access to medications that support recovery from 23
substance use disorders; 24
(iv) expanding the Heroin Coordinator Program, including for 25
administrative expenses; 26
(v) expanding access to crisis beds and residential treatment 27
services for adults and minors; 28
(vi) expanding and establishing safe stations, mobile crisis response 29
systems, and crisis stabilization centers; 30
(vii) supporting the behavioral health crisis hotline; 31
SENATE BILL 495 3
(viii) organizing primary and secondary school education campaigns 1
to prevent opioid use, including for administrative expenses; 2
(ix) enforcing the laws regarding opioid prescriptions and sales, 3
including for administrative expenses; 4
(x) research regarding and training for substance use treatment and 5
overdose prevention, including for administrative expenses; and 6
(xi) supporting and expanding other evidence–based interventions 7
for overdose prevention and substance use treatment; 8
(2) supporting community–based nonprofit recovery organizations that 9
provide nonclinical substance use recovery support services in the State; 10
(3) evidence–informed substance use disorder prevention, treatment 11
recovery, or harm reduction pilot programs or demonstration studies that are not 12
evidence–based if the Opioid Restitution Fund Advisory Council, established under § 13
7.5–902 of the Health – General Article: 14
(i) determines that emerging evidence supports the distribution of 15
money for the pilot program or that there is a reasonable basis for funding the 16
demonstration study with the expectation of creating an evidence–based program; and 17
(ii) approves the use of money for the pilot program or demonstration 18
study; [and] 19
(4) evaluations of the effectiveness and outcomes reporting for substance 20
use disorder abatement infrastructure, programs, services, supports, and resources for 21
which money from the Fund was used, including evaluations of the impact on access to 22
harm reduction services or treatment for substance use disorders and the reduction in 23
drug–related mortality; AND 24
(5) OPERATING EXPENSES A ND PERSONNEL COSTS F OR 25
INVESTIGATIONS , ENFORCEMENT ACTIONS , AND OTHER ACTIVITIES CONDUCTED BY 26
THE OPIOIDS ENFORCEMENT UNIT WITHIN THE OFFICE OF THE ATTORNEY 27
GENERAL THAT ARE RELA TED TO THE RECOVER Y OF FUNDS FROM 28
OPIOID–RELATED JUDGMENTS OR SETTLEMENTS . 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2025. 31