assembly Bill A6395B

Signed By Governor
2021-2022 Legislative Session

Requires funds from opioid settlements to be used for the development of new services and supports

download bill text pdf

Sponsored By

Current Bill Status Via S7194 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 29, 2021 approval memo.10
signed chap.190
Jun 17, 2021 delivered to governor
Jun 09, 2021 returned to senate
passed assembly
ordered to third reading rules cal.665
substituted for a6395b
Jun 09, 2021 substituted by s7194
rules report cal.665
reported
reported referred to rules
Jun 07, 2021 reported referred to ways and means
Jun 04, 2021 print number 6395b
Jun 04, 2021 amend and recommit to codes
May 24, 2021 reported referred to codes
May 20, 2021 print number 6395a
May 20, 2021 amend (t) and recommit to alcoholism and drug abuse
Mar 17, 2021 referred to alcoholism and drug abuse

Co-Sponsors

A6395 - Details

See Senate Version of this Bill:
S7194
Law Section:
State Finance Law
Laws Affected:
Add §99-nn, amd §4, St Fin L; add §25.18, amd §19.07, Ment Hyg L; amd §63, Exec L

A6395 - Summary

Requires all funds received by the state as the result of a settlement or a judgement in litigation against opioid manufacturers, distributors, dispensers, consultants or resellers shall be deposited into the opioid settlement fund, and that such funds shall not supplant or replace existing state funding.

A6395 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6395
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Alcoholism and Drug Abuse
 
 AN ACT to amend the executive law and the state finance law, in relation
   to requiring funds from opioid settlements to be used for the develop-
   ment of new services and supports

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The executive law is amended by adding a new section 63-e
 to read as follows:
   § 63-E. DISPOSITION OF OPIOID MANUFACTURER SETTLEMENT FUNDS.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL FUNDS  RECEIVED
 BY  THE  STATE AS THE RESULT OF A SETTLEMENT OR A JUDGMENT IN LITIGATION
 AGAINST OPIOID MANUFACTURERS,  DISTRIBUTORS,  CONSULTANTS  OR  RESELLERS
 SHALL BE DEPOSITED INTO THE CHEMICAL DEPENDENCE SERVICE FUND ESTABLISHED
 PURSUANT  TO  THE  PROVISIONS  OF  SECTION  NINETY-SEVEN-W  OF THE STATE
 FINANCE LAW.
   § 2. Subdivision 2 of section  97-w  of  the  state  finance  law,  as
 amended  by  chapter  398  of  the  laws  of 2004, is amended to read as
 follows:
   2. Such fund shall consist of all moneys appropriated for the  purpose
 of  such  fund,  all  moneys  transferred  to such fund pursuant to law,
 contributions consisting of promises or grants of any money or  property
 of  any  kind or value, or any other thing of value, including grants or
 other financial assistance from any agency of government and all  moneys
 required  by  the provisions of this section or any other law to be paid
 into or credited to this fund. NOTWITHSTANDING ANY PROVISION OF  LAW  TO
 THE  CONTRARY, NO MONEYS TRANSFERRED OR DEPOSITED INTO THE FUND PURSUANT
 TO THE PROVISIONS OF SECTION SIXTY-THREE-E OF THE EXECUTIVE LAW SHALL BE
 USED TO SUPPLANT OR REPLACE CURRENT STATE FUNDING FOR EXISTING  SERVICES
 AND  SUPPORTS,  PROVIDED PURSUANT TO THE PROVISIONS OF THIS SECTION, AND
 SUCH MONEYS SHALL BE USED EXCLUSIVELY FOR THE  PURPOSE  OF  FUNDING  NEW
 SERVICES AND SUPPORTS PURSUANT TO THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately.
 

Co-Sponsors

view additional co-sponsors

A6395A - Details

See Senate Version of this Bill:
S7194
Law Section:
State Finance Law
Laws Affected:
Add §99-nn, amd §4, St Fin L; add §25.18, amd §19.07, Ment Hyg L; amd §63, Exec L

A6395A - Summary

Requires all funds received by the state as the result of a settlement or a judgement in litigation against opioid manufacturers, distributors, dispensers, consultants or resellers shall be deposited into the opioid settlement fund, and that such funds shall not supplant or replace existing state funding.

A6395A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6395--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by  M. of A. WOERNER, McDONALD, JONES, ASHBY, TAGUE, McMAHON
   -- read once and referred to the  Committee  on  Alcoholism  and  Drug
   Abuse  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the state finance law, the mental hygiene law,  and  the
   executive 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-nn to read as follows:
   § 99-NN. 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. MONEY EXPENDED FROM SUCH FUND SHALL BE USED TO SUPPLEMENT  AND  NOT
 SUPPLANT  OR REPLACE ANY OTHER FUNDS, INCLUDING FEDERAL, STATE, OR LOCAL
 FUNDING, WHICH WOULD OTHERWISE HAVE  BEEN  EXPENDED  FOR  SUBSTANCE  USE
 DISORDER   PREVENTION,  TREATMENT  OR  RECOVERY  SERVICES  OR  PROGRAMS.
 PROVIDED FURTHER, GENERAL OPERATING FUNDS OR BASELINE FUNDING SHALL  NOT
 BE REDUCED DUE TO MONIES EXPENDED FROM THE FUND.
   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 OPIOIDS, MADE IN CONNECTION WITH CLAIMS ARISING
 FROM THE MANUFACTURING, MARKETING, DISTRIBUTING, PROMOTING OR DISPENSING
 OF OPIOIDS, AS WELL AS ANY FUNDS RECEIVED BY THE STATE 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, VENDORS OF OPIOIDS AND
 RELATED ENTITIES ARISING OUT OF ACTIVITIES ALLEGED TO  HAVE  CONTRIBUTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

A6395B (ACTIVE) - Details

See Senate Version of this Bill:
S7194
Law Section:
State Finance Law
Laws Affected:
Add §99-nn, amd §4, St Fin L; add §25.18, amd §19.07, Ment Hyg L; amd §63, Exec L

A6395B (ACTIVE) - Summary

Requires all funds received by the state as the result of a settlement or a judgement in litigation against opioid manufacturers, distributors, dispensers, consultants or resellers shall be deposited into the opioid settlement fund, and that such funds shall not supplant or replace existing state funding.

A6395B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6395--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. WOERNER, McDONALD, JONES, ASHBY, TAGUE, McMAHON,
   GRIFFIN, WALSH -- read once and referred to the Committee on  Alcohol-
   ism  and  Drug  Abuse  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the state finance law, the mental hygiene law,  and  the
   executive 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-nn to read as follows:
   § 99-NN. 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. MONEY EXPENDED FROM SUCH FUND SHALL BE USED TO SUPPLEMENT  AND  NOT
 SUPPLANT OR REPLACE ANY OTHER FUNDS, INCLUDING FEDERAL OR STATE FUNDING,
 WHICH  WOULD  OTHERWISE  HAVE  BEEN  EXPENDED FOR SUBSTANCE USE DISORDER
 PREVENTION, TREATMENT, RECOVERY OR HARM REDUCTION SERVICES OR  PROGRAMS.
 PROVIDED  FURTHER, GENERAL OPERATING FUNDS OR BASELINE FUNDING SHALL NOT
 BE REDUCED DUE TO MONIES EXPENDED FROM THE FUND.
   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, DISPENSED OR PROMOTED  OPIOIDS,  MADE  IN  CONNECTION  WITH
 CLAIMS  ARISING FROM THE MANUFACTURING, MARKETING, DISTRIBUTING, PROMOT-
 ING OR DISPENSING OF OPIOIDS, AS WELL AS ANY FUNDS RECEIVED BY THE STATE
 AS A RESULT OF A JUDGMENT, STIPULATION,  DECREE,  AGREEMENT  TO  SETTLE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.