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ENGROSSED SENATE
BILL NO. 610 By: McCortney of the Senate
and
Hilbert of the House
An Act relating to public finance; creatin g the
Opioid Settlement and Judgment Revolving Fund;
specifying type of fund; providing sources of monies;
requiring the Attorney General to ensu re deposit of
funds; requiring investment of monies; authorizing
appropriation of portion of monies; providing method
of calculation; providing for expe nditure of fund;
providing allowable expenses; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2401 of Title 62, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
to be designated the “Opioid Settlement and Judgment Revolving
Fund”. The fund shall be a continuing fund, not subject to f iscal
year limitations. The fund shall consist of all monies received by
this state:
1. From any settlement agreement entered into on or after the
effective date of this a ct with one or more manufacturers,
distributors or wholesalers of opioid drugs or any other person or
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entity involved in the opioid drug supply chain , to the extent
allowed under the terms of such settlement agreement ; or
2. From any final judgment issued on or after the effective
date of this act against one or more manufacturers, distributors or
wholesalers of opioid drugs or any other person or entity involved
in the opioid drug supply chain , to the extent allowed under the
terms of such judgment.
It shall be the duty of the Attorney Gen eral to ensure that
funds received by the state pursuant to a settleme nt agreement or
final judgment are promptly deposited into the revolving fund.
SECTION 2. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 2402 of Title 62, unless there
is created a duplication in num bering, reads as follows:
The State Treasurer shall inve st the entirety of the Opioid
Settlement and Judgment Revolving Fund established in Section 1 o f
this act as provided by law inclu ding, but not limited to, Sections
89.1a and 89.2 of Title 62 of the Oklahoma Statutes. For each state
fiscal year, beginning with the state fiscal year ending June 30,
2023, a portion of the fund, not to exceed four percent (4%) of the
balance of the fund, may be appropriated by the Legislature solely
for the purposes listed in Section 3 of this act. No later than
February 1 of each year, the State Treasurer shall calculate the
numerical value in do llars and cents of four percent (4%) of the
balance of the fund as of January 1 of the same year and shall
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provide the amount in a written report to the chair of the Senate
Appropriations Committee and the chair of the House Appropriations
and Budget Committee.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2403 of Title 62, unless there
is created a duplication in numbering, reads as follows:
To the extent allowed under the terms of applic able settlement
agreements or judgments, the portion of monies from the Opioid
Settlement and Judgment Revolving Fund availabl e for appropriation
by the Legislature as provided in Section 2 of this act shall be
expended solely to abate the opioid epidemic utilizing strategi es
including, but not limited to, evidence-based treatment, counseling,
prevention, education and coordination of services for opioid use
disorder and co-occurring substance use disorders including, but not
limited to, medication -assisted treatment approved by the Food and
Drug Administration and drug court programs.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, a n emergency is hereby
declared to exist, by reason whereof this act shall ta ke effect and
be in full force from and after it s passage and approval.
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Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives