Assembly Bill A11059

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11059
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Reyes) --
   read once and referred to the Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the state finance law, in relation  to  establishing  an
   opioid settlement fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The state finance law is amended by adding  a  new  section
 99-ii to read as follows:
   § 99-II. OPIOID SETTLEMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
 JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
 AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "OPIOID SETTLEMENT FUND".
   2. MONEY ALLOCATED TO THE OPIOID SETTLEMENT FUND SHALL BE  KEPT  SEPA-
 RATE  AND SHALL NOT BE COMMINGLED WITH ANY OTHER FUNDS IN THE CUSTODY OF
 THE STATE COMPTROLLER.
   3. MONIES EXPENDED FROM SUCH FUND SHALL BE USED TO SUPPLEMENT AND  NOT
 SUPPLANT  ANY  OTHER  FUNDS WHICH WOULD OTHERWISE HAVE BEEN EXPENDED FOR
 ALCOHOL AND SUBSTANCE USE ADDICTION PREVENTION OR RECOVERY.
   4. SUCH FUND SHALL CONSIST OF MONEY RECEIVED BY THE STATE AS A  RESULT
 OF  THE  SETTLEMENT OF LITIGATION WITH ENTITIES THAT MANUFACTURED, SOLD,
 DISTRIBUTED OR PROMOTED PRESCRIPTION OPIOIDS,  PURSUANT  TO  THE  MASTER
 SETTLEMENT  AGREEMENT  ENTERED INTO BY THE, INTER ALIA, ATTORNEY GENERAL
 OF THE STATE OF NEW YORK AND ENTITIES THAT MANUFACTURED, SOLD,  DISTRIB-
 UTED  OR PROMOTED PRESCRIPTION OPIOIDS, AS WELL AS ANY FUNDS RECEIVED AS
 A RESULT OF A  JUDGEMENT,  STIPULATION,  DECREE,  AGREEMENT  TO  SETTLE,
 ASSURANCE  OF  DISCONTINUANCE,  OR  OTHER LEGAL INSTRUMENT RESOLVING ANY
 CLAIM OR  CAUSE  OF  ACTION  AGAINST  MANUFACTURERS,  DISTRIBUTORS,  AND
 VENDORS OF OPIOIDS ARISING OUT OF ACTIVITIES ALLEGED TO HAVE CONTRIBUTED
 TO  INCREASES  IN  OPIOID ADDICTION, WHETHER FILED OR UNFILED, ACTUAL OR
 POTENTIAL,  AND  WHETHER  ARISING  UNDER  COMMON  LAW,  EQUITY,  OR  ANY
 PROVISION OF LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ALL MONIES
 SHALL REMAIN IN SUCH FUND UNLESS OTHERWISE DIRECTED BY STATUTE.
   5. MONIES FROM THE OPIOID SETTLEMENT FUND SHALL BE AVAILABLE FOLLOWING
 APPROPRIATION BY THE LEGISLATURE AND MAY ONLY BE EXPENDED ON PROGRAMS TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17314-01-0

 A. 11059                            2

 SUPPORT  SERVICES  TO  COMBAT  SUBSTANCE  USE  AND ADDICTION ISSUES, AND
 CO-OCCURRING MENTAL ILLNESSES IN NEW  YORK  STATE.    FUNDING  DECISIONS
 SHOULD  INCLUDE  AN  EMPHASIS ON SUPPORTING PROGRAMS THAT ARE CULTURALLY
 AND  GENDER COMPETENT, TRAUMA-INFORMED, EVIDENCE-BASED AND, WHERE APPRO-
 PRIATE, EMPLOY INDIVIDUALS WITH LIVED EXPERIENCE AS PART OF THE SERVICES
 PROVIDED. SERVICES TO BE  SUPPORTED  FROM  THE  OPIOID  SETTLEMENT  FUND
 SHOULD INCLUDE, BUT NOT BE LIMITED TO, PROGRAMS:
   (A) TO PREVENT SUBSTANCE USE DISORDER THROUGH AN EVIDENCE-BASED YOUTH-
 FOCUSED  PUBLIC  HEALTH  EDUCATION  AND  PREVENTION  CAMPAIGN, INCLUDING
 SCHOOL-BASED PREVENTION, EARLY INTERVENTION, AND  HEALTH  CARE  SERVICES
 AND  PROGRAMS  TO  REDUCE THE RISK OF SUBSTANCE USE BY SCHOOL-AGED CHIL-
 DREN;
   (B) TO DEVELOP AND IMPLEMENT STATEWIDE PUBLIC EDUCATION  CAMPAIGNS  TO
 REDUCE  STIGMA  AGAINST  INDIVIDUALS  WHO USE DRUGS, PROVIDE INFORMATION
 ABOUT  THE  RISKS  OF  SUBSTANCE  USE,  BEST  PRACTICES  FOR  ADDRESSING
 SUBSTANCE  USE DISORDERS, AND INFORMATION ON HOW TO LOCATE SERVICES THAT
 REDUCE THE ADVERSE HEALTH  CONSEQUENCES  ASSOCIATED  WITH  DRUG  USE  OR
 PROVIDE TREATMENT FOR SUBSTANCE USE DISORDERS;
   (C)  TO  PROVIDE  SUBSTANCE  USE DISORDER TREATMENT AND EARLY RECOVERY
 PROGRAMS FOR YOUTH AND ADULTS, WITH AN EMPHASIS ON PROGRAMS THAT PROVIDE
 A CONTINUUM OF CARE THAT INCLUDES SCREENING AND ASSESSMENT FOR SUBSTANCE
 USE DISORDERS AND CO-OCCURRING  DISORDERS,  EARLY  INTERVENTION,  ACTIVE
 TREATMENT,  FAMILY  INVOLVEMENT, CASE MANAGEMENT, RELAPSE MANAGEMENT FOR
 SUBSTANCE USE AND OTHER CO-OCCURRING BEHAVIORAL HEALTH DISORDERS,  VOCA-
 TIONAL  SERVICES,  LITERACY  SERVICES, PARENTING CLASSES, FAMILY THERAPY
 AND COUNSELING  SERVICES,  MEDICATION-ASSISTED  TREATMENTS,  PSYCHIATRIC
 MEDICATION AND PSYCHOTHERAPY;
   (D)  TO  PROVIDE  HARM REDUCTION COUNSELING AND SERVICES TO REDUCE THE
 ADVERSE HEALTH CONSEQUENCES ASSOCIATED WITH DRUG USE, INCLUDING OVERDOSE
 PREVENTION AND PREVENTION OF COMMUNICABLE DISEASES RELATED TO  SUBSTANCE
 USE,  PROVIDED  BY A QUALIFIED DRUG TREATMENT PROGRAM OR COMMUNITY-BASED
 ORGANIZATION;
   (E)  TO  PROVIDE  HOUSING  SERVICES,  INCLUDING   SUPPORTIVE   HOUSING
 SERVICES,  FOR INDIVIDUALS WHO USE DRUGS AND INDIVIDUALS WHO ARE RECEIV-
 ING TREATMENT OR ARE IN RECOVERY FROM A SUBSTANCE USE DISORDER;
   (F) TO SUPPORT COMMUNITY-BASED PROGRAMS THAT REDUCE THE LIKELIHOOD  OF
 CRIMINAL JUSTICE INVOLVEMENT FOR INDIVIDUALS WHO USE DRUGS; AND
   (G)  TO  PROVIDE  PROGRAMS  FOR  PREGNANT  WOMEN  AND  NEW PARENTS WHO
 CURRENTLY OR FORMERLY USED DRUGS.
   6. (A) THE OPIOID SETTLEMENT BOARD IS ESTABLISHED TO PROVIDE RECOMMEN-
 DATIONS ON HOW THE OPIOID SETTLEMENT FUND  SHALL  BE  ALLOCATED  TO  THE
 LEGISLATURE.
   (B) THE OPIOID SETTLEMENT BOARD SHALL CONSIST OF:
   (I)  THE  COMMISSIONERS  OF  ADDICTION  SERVICES  AND SUPPORTS, MENTAL
 HEALTH, AND HEALTH, OR THEIR DESIGNEES, SERVING AS EX-OFFICIO MEMBERS;
   (II) FOUR APPOINTMENTS BY THE GOVERNOR;
   (III) THREE APPOINTMENTS BY THE TEMPORARY PRESIDENT OF THE SENATE; AND
   (IV) THREE APPOINTMENTS BY THE SPEAKER OF THE ASSEMBLY.
   (C) EACH MEMBER SHALL BE APPOINTED TO SERVE THREE-YEAR  TERMS  AND  IN
 THE EVENT OF A VACANCY, THE VACANCY SHALL BE FILLED IN THE MANNER OF THE
 ORIGINAL  APPOINTMENT  FOR  THE  REMAINDER  OF THE TERM.   THE APPOINTED
 MEMBERS AND  COMMISSIONERS  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
 SERVICES  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD MEMBERS.
   (D) EVERY EFFORT SHALL BE  MADE  TO  ENSURE  A  BALANCED  AND  DIVERSE
 COMMITTEE  REPRESENTING  THE  REGIONS  AND  DEMOGRAPHICS  OF  THE STATE.

 A. 11059                            3
 
 APPOINTED MEMBERS SHALL HAVE  AN  EXPERTISE  IN  PUBLIC  AND  BEHAVIORAL
 HEALTH,  SUBSTANCE  USE  DISORDER  TREATMENT,  HARM  REDUCTION, CRIMINAL
 JUSTICE, AND DRUG POLICY. FURTHER, THE BOARD SHALL  INCLUDE  INDIVIDUALS
 WITH   PERSONAL  OR  PROFESSIONAL  EXPERIENCE  WITH  SUBSTANCE  USE  AND
 ADDICTION ISSUES, AND CO-OCCURRING MENTAL ILLNESSES.
   (E) THE CHAIRPERSON OF THE BOARD AND THE  VICE  CHAIRPERSON  SHALL  BE
 ELECTED  FROM  AMONG  THE  MEMBERS  OF  THE BOARD BY THE MEMBERS OF SUCH
 BOARD. THE VICE CHAIRPERSON SHALL REPRESENT THE BOARD IN THE ABSENCE  OF
 THE  CHAIRPERSON AT ALL OFFICIAL BOARD FUNCTIONS. A MAJORITY OF THE FULL
 AUTHORIZED MEMBERSHIP OF THE BOARD SHALL CONSTITUTE A QUORUM.
   (F) MEMBERS OF THE BOARD SHALL NOT TAKE ANY ACTION TO  DIRECT  FUNDING
 FROM  THE  OPIOID  SETTLEMENT  FUND TO ANY ENTITY IN WHICH THEY OR THEIR
 FAMILY MEMBERS HAVE ANY INTEREST, DIRECT OR  INDIRECT,  OR  RECEIVE  ANY
 COMMISSION  OR  PROFIT  WHATSOEVER,  DIRECT  OR INDIRECT. MEMBERS OF THE
 BOARD SHALL RECUSE THEMSELVES FROM ANY DISCUSSION OR  VOTE  RELATING  TO
 SUCH INTEREST.
   § 2. This act shall take effect immediately.