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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1453 By: Rosino of the Senate
and
Newton of the House
An Act relating to the Attorney General; amending 74
O.S. 2021, Section 30.5, as amended by Section 1,
Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023, Section
30.5), which relates to definitions used in the
Political Subdivisions Opioid Abatement Grants Act ;
broadening certain definitions; removing obsolete
language; amending 74 O.S. 2021, Section 30.6, which
relates to the Oklahoma Opioid Abatement Revolving
Fund; authorizing the Office of the Attorney General
to withhold and use certain funds for certain
purposes; updating statutory reference; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 30.5, as
amended by Section 1, Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023,
Section 30.5), is amended to read as follo ws:
Section 30.5. As used in the Political S ubdivisions Opioid
Abatement Grants Act:
1. “Approved purpose” and “approved purposes” mean evidence-
based, forward-looking strategies, programming and services used to:
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a. expand the availability of tre atment for individuals
affected by opioid use diso rders, co-occurring
substance use disorders and mental health issues,
b. develop, promote and provide evidence-based opioid use
prevention strategies,
c. provide opioid use disorder and co-occurring substance
use disorder avoidance and awareness educatio n,
d. decrease the oversupply of licit and i llicit opioids,
e. support recovery from addiction services performed by
qualified and approp riately licensed providers,
f. treat opioid use, abuse and disorders including early
intervention screening, counse ling and support,
g. support individuals in treatment and recovery f rom
opioid use, abuse and disorder,
h. provide programs or services to c onnect individuals
with opioid use, abuse or disorder, or who are at ris k
of developing opioid use disorder, co-occurring
substance use disorder and mental health i ssues, with
treatment and counseling programs and services,
i. address the needs of individu als who are involved, or
who are at risk of becoming involved, in the cr iminal
justice system due to opioid use, abuse or disorder
through programs or services in municipal and county
criminal judicial systems including prearrest and
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postarrest diversion programs, pretrial services and
drug or recovery courts,
j. address the needs of pregnant or parenting women with
opioid use, abuse or disorder and their families ,
k. address the needs of parents and caregivers caring for
babies with neonatal abstinence syndrome,
l. support efforts to prevent overprescribing and ensure
appropriate prescribing and dispensing of opioids,
m. support efforts to discourage or prevent misuse of
opioids including the oversupply of licit and illicit
opioids,
n. support efforts to prevent or reduce overdose deaths
or other opioid-related harms including through
increased availability and distribution of nalox one
and other drugs that treat overdoses for use by first
responders, persons who have experienced an overdose
event, families, schools, community-based service
providers, social workers and other mem bers of the
public,
o. reimburse or fund law enforcem ent and emergency
responder expenditures relating to the opioid epidemic
including costs of responding to emergency medical or
police calls for service, equipment, treatment or
response alternatives, mental health response training
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and training for law en forcement and emergency
responders as to appropriate practices and precautions
when dealing with opioids or individuals who are at
risk of opioid overdose or death,
p. reimburse attorney fees and allowable expenses
directly related to opioid litigation incurred as part
of legal services agreements entered into before May
21, 2020,
q. support efforts to provide leadership, planning and
coordination to abate the opioid epidemic throu gh
activities, programs o r strategies for prevention and
recovery models including regional intergovernmental
efforts and not-for-profit agency support,
r. support education of youths regarding the dangers of
opioid use, abuse and addiction,
s. fund training relative to any approv ed purpose,
t. monitor, surveil and evaluate opioid use, abuse or
disorder, or
u. provide opioid abatement as identified by the Oklahoma
Opioid Abatement Board as consistent with t he purpose
of the Political Subdivisions Opioid Abatement Grants
Act.
Provided that, such strategies, programming and services occurred on
or after January 1, 2015.
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Approved purpose also includes any approved uses as authorized
by opioid-related settlement agreeme nts in which the State of
Oklahoma is a litigant or participant ;
2. “Board” means the Oklahoma Opioid Abatement Board;
3. “Eligible participant ” means any political subdiv ision
impacted by the opioid crisis ;
4. “Nonapproved purpose” and “nonapproved purposes ” mean
strategies, programming and services not falling within the
definition of approved purpose or approved purposes as defined in
this section;
5. “Opioid funds” means all monetary amounts obtained through a
settlement or judgment by the Attorney General on beh alf of this
state related to opioid litigation invol ving pharmaceutical supply
chain participants including the Purdue Political Subdivisions Fund
but excluding all other funds received pursuant to the Purdue
Settlement Agreement;
6. “Opioid grant awards” means grants funded from the Oklahoma
Opioid Abatement Revol ving Fund, awarded pursuant to the provisions
of the Political Subdivisions Opioid Abatement Grants Act;
7. “Pharmaceutical supply chain ” means the process and channels
through which controlled substances are manufactured, marketed,
promoted, distributed or dispensed;
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8. “Pharmaceutical supply chain participant” means any entity
that engages in or has engaged in the manufacture, marketing,
promotion, distribution or dispensing of an opioid analgesic;
9. “Political subdivision ” and “political subdivisions” have
the same meaning as provided in subparagraphs a, b, c and d of
paragraph 11 of Section 152 of Titl e 51 of the Oklahoma Statutes .
Political subdivision also means the board of regents or board of
trustees of an institution of higher education within The Oklahoma
State System of Higher Education ;
10. “Purdue Political Subdivision Fund” means the Twelve
Million Five Hundred Thousand Dollars ($12,500,000.0 0) plus any
interest accrued thereon received from the Revive Oklahoma Health
Foundation consisting of funds received from the Purdue Settlement
Agreement designed for distribu tion to political subdivisi ons which
have executed a release of legal claims as required by the Purdue
Settlement Agreement; and
11. “Purdue Settlement Agreement” means the settlement
agreement entered into by this state and Purdue Pharma L.P., Purdue
Pharma, Inc. and the Purdue Fr ederick Company on March 26, 2019, a nd
approved by the Court on April 2, 2019.
SECTION 2. AMENDATORY 74 O.S. 2021, Section 30 .6, is
amended to read as follows:
Section 30.6. A. There is hereby created in the State Treasury
a revolving fund for the Office of the Attorney General to be
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designated the “Oklahoma Opioid Abatement Revolving Fun d”. The fund
shall be a continuing fun d, not subject to fiscal year limitations,
and shall consist of all opioid funds obtained through a settl ement
or judgment by the Attorney General on behalf of the State of
Oklahoma related to opioid litigation involving pharmaceutical
supply chain partici pants:
1. Designated for deposit in the fund; or
2. Appropriated to the fund by the Legislature.
B. Provided that the Purdue Political Subdivisions Fund shall
be maintained in a segregated State Treasury fund withi n the
Oklahoma Opioid Abatement Revolvi ng Fund, and that the Purdue
Political Subdivisions Fun d shall not be commingled with other
opioid funds deposited in or appropriated to the Oklahoma Opioid
Abatement Revolving Fund.
C. To the extent allowed by any settlement or judgment relating
to opioid litigation involving pharmaceutical supply chain
participants, the Office of the Attorney General may withhold not
more than five percent (5%) of the funds received by the Oklahoma
Opioid Abatement Revolving Fund for the st aff and administrative
support required by Section 30.7 of this title. Such funds may also
be used to research and evaluate the effectiveness of grants
disbursed by the Oklahoma Opioid Abatement Board .
D. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Attorney
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General for the purpose of funding opioid grant awards as authoriz ed
by this act the Political Subdivisions Opioid Abatement Grants Act.
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
04/09/2024 - DO PASS.