EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0495*
SENATE BILL 495
J1 5lr2942
CF HB 728
By: Senator Ellis
Introduced and read first time: January 23, 2025
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2025
CHAPTER ______
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
BY adding to 19
Article – State Finance and Procurement 20
Section 7–331(k) 21
Annotated Code of Maryland 22 2 SENATE BILL 495
(2021 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAN D, 2
That the Laws of Maryland read as follows: 3
Article – State Finance and Procurement 4
7–331. 5
(a) In this section, “Fund” means the Opioid Restitution Fund. 6
(b) There is an Opioid Restitution Fund. 7
(c) The purpose of the Fund is to retain the amount of settlement revenues 8
deposited to the Fund in accordance with subsection (e)(1) of this section. 9
(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 10
this subtitle. 11
(2) The State Treasurer shall hold the Fund separately, and the 12
Comptroller shall account for the Fund. 13
(e) The Fund consists of: 14
(1) all revenues received by the State from any source resulting, directly or 15
indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid 16
research associations, or any other person in the opioid industry relating to any claims 17
made or prosecuted by the State to recover damages for violations of State law; and 18
(2) the interest earnings of the Fund. 19
(f) The Fund may be used only to provide funds for: 20
(1) programs, services, supports, and resources for evidence–based 21
substance use disorder prevention, treatment, recovery, or harm reduction that have the 22
purpose of: 23
(i) improving access to medications proven to prevent or reverse an 24
overdose, including by supporting the initiative to co–locate naloxone with automated 25
external defibrillators placed in public buildings under § 13–518 of the Education Article; 26
(ii) supporting peer support specialists and screening, brief 27
intervention, and referral to treatment services for hospitals, correctional facilities, and 28
other high–risk populations; 29
(iii) increasing access to medications that support recovery from 30
substance use disorders; 31 SENATE BILL 495 3
(iv) expanding the Heroin Coordinator Program, including for 1
administrative expenses; 2
(v) expanding access to crisis beds and residential treatment 3
services for adults and minors; 4
(vi) expanding and establishing safe stations, mobile crisis response 5
systems, and crisis stabilization centers; 6
(vii) supporting the behavioral health crisis hotline; 7
(viii) organizing primary and secondary school education campaigns 8
to prevent opioid use, including for administrative expenses; 9
(ix) enforcing the laws regarding opioid prescriptions and sales, 10
including for administrative expenses; 11
(x) research regarding and training for substance use treatment and 12
overdose prevention, including for administrative expenses; and 13
(xi) supporting and expanding other evidence–based interventions 14
for overdose prevention and substance use treatment; 15
(2) supporting community–based nonprofit recovery organizations that 16
provide nonclinical substance use recovery support services in the State; 17
(3) evidence–informed substance use disorder prevention, treatment 18
recovery, or harm reduction pilot programs or demonstration studies that are not 19
evidence–based if the Opioid Restitution Fund Advisory Council, established under § 20
7.5–902 of the Health – General Article: 21
(i) determines that emerging evidence supports the distribution of 22
money for the pilot program or that there is a reasonable basis for funding the 23
demonstration study with the expectation of creating an evidence–based program; and 24
(ii) approves the use of money for the pilot program or demonstration 25
study; [and] 26
(4) evaluations of the effectiveness and outcomes reporting for substance 27
use disorder abatement infrastructure, programs, services, supports, and resources for 28
which money from the Fund was used, including evaluations of the impact on access to 29
harm reduction services or treatment for substance use disorders and the reduction in 30
drug–related mortality; AND 31
(5) OPERATING EXPENSES A ND PERSONNEL COSTS F OR 32
INVESTIGATIONS , ENFORCEMENT ACTIONS , AND OTHER ACTIVITIES CONDUCTED BY 33 4 SENATE BILL 495
THE OPIOIDS ENFORCEMENT UNIT WITHIN THE OFFICE OF THE ATTORNEY 1
GENERAL THAT ARE RELA TED TO THE RECOVERY OF FUNDS FROM 2
OPIOID–RELATED JUDGMENTS OR SETTLEMENTS . 3
(K) BEGINNING ON OR BEFOR E OCTOBER 1, 2025, AND EACH OCTOBER 1 4
THEREAFTER , THE OFFICE OF THE ATTORNEY GENERAL SHALL REPORT TO THE 5
GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT 6
ARTICLE, THE GENERAL ASSEMBLY ON THE STATU S OF ACTIVITY OF THE OPIOIDS 7
ENFORCEMENT UNIT, INCLUDING: 8
(1) THE NUMBER OF INVEST IGATIONS TAKING PLAC E; 9
(2) THE NUMBER OF LAWSUI TS FILED; AND 10
(3) THE DISPOSITION OF L AWSUITS FILED. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
1, 2025. It shall remain effective for a period of 4 years and, at the end of June 30, 2029, 13
this Act, with no further action required by the General Assembly, shall be abrogated and 14
of no further force and effect. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.