1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1453 By: Rosino
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6 AS INTRODUCED
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7 An Act relating to the Attorney General; amending 74
7 O.S. 2021, Section 30.5, as amended by Section 1,
8 Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023, Section
8 30.5), which relates to definitions used in the
9 Political Subdivisions Opioid Abatement Grants Act;
9 broadening certain definitions; removing obsolete
10 language; amending 74 O.S. 2021, Section 30.6, which
10 relates to the Oklahoma Opioid Abatement Revolving
11 Fund; authorizing the Office of the Attorney General
11 to withhold and use certain funds for certain
12 purposes; updating statutory reference; and providing
12 an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 74 O.S. 2021, Section 30.5, as
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17 amended by Section 1, Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023,
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18 Section 30.5), is amended to read as follows:
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19 Section 30.5. As used in the Political Subdivisions Opioid
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20 Abatement Grants Act:
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21 1. “Approved purpose” and “approved purposes” mean evidence-
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22 based, forward-looking strategies, programming and services used to:
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Req. No. 2562 Page 1
1 a. expand the availability of treatment for individuals
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2 affected by opioid use disorders, co-occurring
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3 substance use disorders and mental health issues,
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4 b. develop, promote and provide evidence-based opioid use
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5 prevention strategies,
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6 c. provide opioid use disorder and co-occurring substance
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7 use disorder avoidance and awareness education,
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8 d. decrease the oversupply of licit and illicit opioids,
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9 e. support recovery from addiction services performed by
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10 qualified and appropriately licensed providers,
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11 f. treat opioid use, abuse and disorders including early
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12 intervention screening, counseling and support,
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13 g. support individuals in treatment and recovery from
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14 opioid use, abuse and disorder,
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15 h. provide programs or services to connect individuals
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16 with opioid use, abuse or disorder, or who are at risk
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17 of developing opioid use disorder, co-occurring
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18 substance use disorder and mental health issues, with
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19 treatment and counseling programs and services,
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20 i. address the needs of individuals who are involved, or
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21 who are at risk of becoming involved, in the criminal
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22 justice system due to opioid use, abuse or disorder
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23 through programs or services in municipal and county
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24 criminal judicial systems including prearrest and
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1 postarrest diversion programs, pretrial services and
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2 drug or recovery courts,
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3 j. address the needs of pregnant or parenting women with
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4 opioid use, abuse or disorder and their families,
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5 k. address the needs of parents and caregivers caring for
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6 babies with neonatal abstinence syndrome,
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7 l. support efforts to prevent overprescribing and ensure
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8 appropriate prescribing and dispensing of opioids,
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9 m. support efforts to discourage or prevent misuse of
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10 opioids including the oversupply of licit and illicit
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11 opioids,
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12 n. support efforts to prevent or reduce overdose deaths
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13 or other opioid-related harms including through
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14 increased availability and distribution of naloxone
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15 and other drugs that treat overdoses for use by first
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16 responders, persons who have experienced an overdose
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17 event, families, schools, community-based service
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18 providers, social workers and other members of the
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19 public,
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20 o. reimburse or fund law enforcement and emergency
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21 responder expenditures relating to the opioid epidemic
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22 including costs of responding to emergency medical or
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23 police calls for service, equipment, treatment or
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24 response alternatives, mental health response training
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1 and training for law enforcement and emergency
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2 responders as to appropriate practices and precautions
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3 when dealing with opioids or individuals who are at
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4 risk of opioid overdose or death,
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5 p. reimburse attorney fees and allowable expenses
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6 directly related to opioid litigation incurred as part
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7 of legal services agreements entered into before May
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8 21, 2020,
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9 q. support efforts to provide leadership, planning and
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10 coordination to abate the opioid epidemic through
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11 activities, programs or strategies for prevention and
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12 recovery models including regional intergovernmental
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13 efforts and not-for-profit agency support,
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14 r. support education of youths regarding the dangers of
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15 opioid use, abuse and addiction,
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16 s. fund training relative to any approved purpose,
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17 t. monitor, surveil and evaluate opioid use, abuse or
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18 disorder, or
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19 u. provide opioid abatement as identified by the Oklahoma
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20 Opioid Abatement Board as consistent with the purpose
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21 of the Political Subdivisions Opioid Abatement Grants
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22 Act.
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23 Provided that, such strategies, programming and services occurred on
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24 or after January 1, 2015.
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1 Approved purpose also includes any approved uses as authorized
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2 by opioid-related settlement agreements in which the State of
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3 Oklahoma is a litigant or participant;
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4 2. “Board” means the Oklahoma Opioid Abatement Board;
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5 3. “Eligible participant” means any political subdivision
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6 impacted by the opioid crisis;
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7 4. “Nonapproved purpose” and “nonapproved purposes” mean
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8 strategies, programming and services not falling within the
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9 definition of approved purpose or approved purposes as defined in
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10 this section;
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11 5. “Opioid funds” means all monetary amounts obtained through a
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12 settlement or judgment by the Attorney General on behalf of this
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13 state related to opioid litigation involving pharmaceutical supply
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14 chain participants including the Purdue Political Subdivisions Fund
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15 but excluding all other funds received pursuant to the Purdue
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16 Settlement Agreement;
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17 6. “Opioid grant awards” means grants funded from the Oklahoma
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18 Opioid Abatement Revolving Fund, awarded pursuant to the provisions
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19 of the Political Subdivisions Opioid Abatement Grants Act;
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20 7. “Pharmaceutical supply chain” means the process and channels
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21 through which controlled substances are manufactured, marketed,
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22 promoted, distributed or dispensed;
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1 8. “Pharmaceutical supply chain participant” means any entity
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2 that engages in or has engaged in the manufacture, marketing,
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3 promotion, distribution or dispensing of an opioid analgesic;
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4 9. “Political subdivision” and “political subdivisions” have
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5 the same meaning as provided in subparagraphs a, b, c and d of
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6 paragraph 11 of Section 152 of Title 51 of the Oklahoma Statutes.
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7 Political subdivision also means the board of regents or board of
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8 trustees of an institution of higher education within The Oklahoma
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9 State System of Higher Education;
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10 10. “Purdue Political Subdivision Fund” means the Twelve
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11 Million Five Hundred Thousand Dollars ($12,500,000.00) plus any
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12 interest accrued thereon received from the Revive Oklahoma Health
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13 Foundation consisting of funds received from the Purdue Settlement
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14 Agreement designed for distribution to political subdivisions which
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15 have executed a release of legal claims as required by the Purdue
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16 Settlement Agreement; and
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17 11. “Purdue Settlement Agreement” means the settlement
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18 agreement entered into by this state and Purdue Pharma L.P., Purdue
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19 Pharma, Inc. and the Purdue Frederick Company on March 26, 2019, and
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20 approved by the Court on April 2, 2019.
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21 SECTION 2. AMENDATORY 74 O.S. 2021, Section 30.6, is
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22 amended to read as follows:
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23 Section 30.6. A. There is hereby created in the State Treasury
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24 a revolving fund for the Office of the Attorney General to be
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1 designated the “Oklahoma Opioid Abatement Revolving Fund”. The fund
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2 shall be a continuing fund, not subject to fiscal year limitations,
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3 and shall consist of all opioid funds obtained through a settlement
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4 or judgment by the Attorney General on behalf of the State of
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5 Oklahoma related to opioid litigation involving pharmaceutical
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6 supply chain participants:
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7 1. Designated for deposit in the fund; or
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8 2. Appropriated to the fund by the Legislature.
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9 B. Provided that the Purdue Political Subdivisions Fund shall
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10 be maintained in a segregated State Treasury fund within the
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11 Oklahoma Opioid Abatement Revolving Fund, and that the Purdue
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12 Political Subdivisions Fund shall not be commingled with other
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13 opioid funds deposited in or appropriated to the Oklahoma Opioid
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14 Abatement Revolving Fund.
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15 C. To the extent allowed by any settlement or judgment relating
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16 to opioid litigation involving pharmaceutical supply chain
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17 participants, the Office of the Attorney General may withhold not
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18 more than five percent (5%) of the funds received by the Oklahoma
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19 Opioid Abatement Revolving Fund for the staff and administrative
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20 support required by Section 30.7 of this title. Such funds may also
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21 be used to research and evaluate the effectiveness of grants
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22 disbursed by the Oklahoma Opioid Abatement Board.
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23 D. All monies accruing to the credit of the fund are hereby
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24 appropriated and may be budgeted and expended by the Attorney
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1 General for the purpose of funding opioid grant awards as authorized
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2 by this act the Political Subdivisions Opioid Abatement Grants Act.
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3 SECTION 3. This act shall become effective November 1, 2024.
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5 59-2-2562 DC 12/15/2023 5:38:53 PM
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Statutes affected: Introduced: 74-30.5
Floor (House): 74-30.5
Floor (Senate): 74-30.5
Engrossed: 74-30.5