Maryland HB 1274: Opioid Restitution Fund

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1274*

HOUSE BILL 1274
B1, J1 9lr2253

By: Delegate Rosenberg
Introduced and read first time: February 8, 2019
Assigned to: Appropriations and Health and Government Operations

A BILL ENTITLED

AN ACT concerning 1

Opioid Restitution Fund 2

FOR the purpose of establishing the Opioid Restitution Fund as a special, nonlapsing fund; 3
specifying the purpose of the Fund; requiring the State Treasurer to hold the Fund, 4
and the Comptroller to account for the Fund; specifying the contents of the Fund; 5
specifying the purpose for which the Fund may be used; providing for the investment 6
of money in and expenditures from the Fund; requiring interest earnings of the Fund 7
to be credited to the Fund; exempting the Fund from a certain provision of law 8
requiring interest earnings on State money to accrue to the General Fund of the 9
State; providing that expenditures from the Fund shall be made in accordance with 10
the State budget; requiring the Governor to report to the General Assembly on or 11
before a certain date each year; defining a certain term; making this Act subject to a 12
certain contingency; and generally relating to the Opioid Restitution Fund. 13

BY repealing and reenacting, without amendments, 14
Article – State Finance and Procurement 15
Section 6–226(a)(2)(i) 16
Annotated Code of Maryland 17
(2015 Replacement Volume and 2018 Supplement) 18

BY repealing and reenacting, with amendments, 19
Article – State Finance and Procurement 20
Section 6–226(a)(2)(ii)112. and 113. 21
Annotated Code of Maryland 22
(2015 Replacement Volume and 2018 Supplement) 23

BY adding to 24
Article – State Finance and Procurement 25
Section 6–226(a)(2)(ii)114. and 7–331 26
Annotated Code of Maryland 27
(2015 Replacement Volume and 2018 Supplement) 28

2 HOUSE BILL 1274

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2

Article – State Finance and Procurement 3

6–226. 4

(a) (2) (i) Notwithstanding any other provision of law, and unless 5
inconsistent with a federal law, grant agreement, or other federal requirement or with the 6
terms of a gift or settlement agreement, net interest on all State money allocated by the 7
State Treasurer under this section to special funds or accounts, and otherwise entitled to 8
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 9
Fund of the State. 10

(ii) The provisions of subparagraph (i) of this paragraph do not apply 11
to the following funds: 12

112. the Pretrial Services Program Grant Fund; [and] 13

113. the Veteran Employment and Transition Success Fund; 14
AND 15

114. THE OPIOID RESTITUTION FUND. 16

7–331. 17

(A) IN THIS SECTION, “FUND” MEANS THE OPIOID RESTITUTION FUND. 18

(B) THERE IS AN OPIOID RESTITUTION FUND. 19

(C) THE PURPOSE OF THE FUND IS TO RETAIN THE AMOUNT OF 20
SETTLEMENT REVENUES DEPOSITED TO THE FUND IN ACCORDANCE WITH 21
SUBSECTION (E)(1) OF THIS SECTION. 22

(D) (1) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT 23
SUBJECT TO § 7–302 OF THIS SUBTITLE. 24

(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, 25
AND THE COMPTROLLER SHALL ACCOUNT FOR THE FUND. 26

(E) THE FUND CONSISTS OF: 27

(1) ALL REVENUES RECEIVED BY THE STATE FROM ANY SOURCE 28
RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY JUDGMENT AGAINST, OR 29

HOUSE BILL 1274 3

SETTLEMENT WITH, OPIOID MANUFACTURERS, OPIOID RESEARCH ASSOCIATIONS, 1
OR ANY OTHER PERSON IN THE OPIOID INDUSTRY RELATING TO ANY CLAIMS MADE 2
OR PROSECUTED BY THE STATE TO RECOVER DAMAGES FOR VIOLATIONS OF STATE 3
LAW; AND 4

(2) THE INTEREST EARNINGS OF THE FUND. 5

(F) THE FUND MAY BE USED ONLY TO PROVIDE FUNDS FOR: 6

(1) IMPROVING ACCESS TO NALOXONE; 7

(2) SUPPORTING PEER SUPPORT SPECIALISTS AND SCREENING, 8
BRIEF INTERVENTION, AND REFERRAL TO TREATMENT SERVICES FOR HOSPITALS, 9
CORRECTIONAL FACILITIES, AND OTHER HIGH–RISK POPULATIONS; 10

(3) INCREASING ACCESS TO MEDICATIONS THAT SUPPORT RECOVERY 11
FROM SUBSTANCE USE DISORDERS; 12

(4) EXPANDING THE HEROIN COORDINATOR PROGRAM; 13

(5) EXPANDING ACCESS TO CRISIS BEDS AND RESIDENTIAL 14
TREATMENT SERVICES; 15

(6) EXPANDING AND ESTABLISHING SAFE STATIONS, MOBILE CRISIS 16
RESPONSE SYSTEMS, AND CRISIS STABILIZATION CENTERS; 17

(7) SUPPORTING THE HEALTH CRISIS HOTLINE; 18

(8) ORGANIZING PRIMARY AND SECONDARY SCHOOL EDUCATION 19
CAMPAIGNS TO PREVENT OPIOID USE; 20

(9) ENFORCING THE LAWS REGARDING OPIOID PRESCRIPTIONS AND 21
SALES; AND 22

(10) SUPPORTING AND EXPANDING OTHER SUBSTANCE USE 23
TREATMENT AND PREVENTION PROGRAMS. 24

(G) (1) THE STATE TREASURER SHALL INVEST THE MONEY OF THE FUND 25
IN THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 26

(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITED TO 27
THE FUND. 28

4 HOUSE BILL 1274

(H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 1
WITH THE STATE BUDGET. 2

(I) MONE