Bill Text: CA SB1140 | 2021-2022 | Regular Session | Introduced

California Senate Bill 1140 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Public social services: electronic benefits transfer cards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2022-09-27 - In Senate. Consideration of Governor's veto pending. [SB1140 Detail]

Download: California-2021-SB1140-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1140

Introduced by Senator Umberg

February 16, 2022

An act to add Division 10.10 (commencing with Section 11999.4) to the Health and Safety Code, relating to opioids.

LEGISLATIVE COUNSEL'S DIGEST

SB 1140, as introduced, Umberg. Opioid Settlement Fund.

Existing law, the California Uniform Controlled Substances Act, classifies opioids as Schedule II controlled substances and imposes various restrictions on the prescription of those drugs. Under existing law, the State Department of Public Health licenses and regulates manufacturers of drugs or devices in the state, and the California State Board of Pharmacy licenses and regulates wholesalers of dangerous drugs or devices, as specified.

Existing law requires the State Department of Public Health, subject to an appropriation in the Budget Act of 2016, to award grant funding for naloxone, or another approved opioid antagonist, to local health departments, local government agencies, or other specified entities, in order to reduce the rate of fatal overdose from opioid drugs, including heroin and prescription opioids.

The State of California is a party to certain opioid-related settlements, including the 2021 Multistate Opioid Settlement Agreement.

This bill would create the Opioid Settlement Fund to receive opioid-related settlement funds to which the state is entitled under any opioid-related settlement. The bill would require that moneys deposited into the fund be used, upon an appropriation, for the purpose of alleviating or remediating the opioid crisis, subject to the terms of the opioid-related settlements and any corresponding court orders, and following specified approaches.

The bill would establish the California Opioid Abatement Fund Council to ensure that moneys recovered by the state through statewide opioid-related settlement agreements are allocated fairly, by using evidence-based methods that are directed to regions of the state experiencing opioid-related harms. Under the bill, the council would consist of 9 members, as specified, appointed by the Governor. The bill would require the council to make recommendations and submit periodic reports to the Legislature as needed.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Division 10.10 (commencing with Section 11999.4) is added to the Health and Safety Code, to read:

DIVISION 10.10. Opioid Settlement Fund

11999.4.

For purposes of this division, the following definitions apply:

(a) “Council” means the California Opioid Abatement Fund Council established pursuant to Section 11999.6.

(b) “Funds” means all funds received by the state from any opioid-related settlement and deposited into the Opioid Settlement Fund, as established pursuant to Section 11999.5.

(c) “Opioid-related settlement” means any current or future settlement reached by the State of California, independently or as part of a global or multistate settlement, with opioid manufacturers, distributors, retailers, or any associated business entities.

11999.5.

(a) The Opioid Settlement Fund shall be created as a special fund in the State Treasury to receive opioid-related settlement funds to which the state is entitled under any opioid-related settlement.

(b) All funds received by the state from an opioid-related settlement shall be deposited into the Opioid Settlement Fund.

(c) Moneys deposited into the Opioid Settlement Fund shall be used, upon an appropriation by the Legislature, for the purpose of alleviating or remediating the opioid crisis, subject to the terms of the opioid-related settlements and any corresponding court orders, and in accordance with the recommendations developed pursuant to Section 11999.6 and following all of the following approaches:

(1) Providing greater access to, and availability of, quality and effective opioid use disorder treatment.

(2) Providing funding to substance use treatment providers, including the allocation of capital funding resources to those providers, in order to expand access to, and availability of, evidence-based opioid use disorder treatment, including treatment for fentanyl use disorder.

(3) Maximizing the opportunity to draw federal matching funds for purposes related to the alleviation or remediation of the opioid crisis.

(4) Advancing the five key principles set forth in the John Hopkins University 2021 report, “Principles for the Use of Funds From the Opioid Litigation.”

11999.6.

(a) The California Opioid Abatement Fund Council shall be established to ensure that moneys recovered by the state through statewide opioid-related settlement agreements are allocated fairly and spent to alleviate or remediate the opioid crisis in the state, subject to subdivision (c) of Section 11999.5, by using evidence-based methods that are directed to regions of the state experiencing opioid-related harms.

(b) The council shall make recommendations and shall submit periodic reports, as needed, to the Legislature in accordance with Section 9795 of the Government Code.

(1) A representative of county behavioral health directors.

(2) A representative of county social services agencies.

(3) A representative of county probation agencies.

(4) A representative of Medi-Cal managed care plans.

(5) A representative of an organization that represents substance use disorder treatment providers.

(6) A representative of an organization that represents behavioral health and social services workers.

(7) A representative of an organization that represents community treatment groups that provide innovative programs in communities highly impacted by rates of incarceration for substance use-related convictions.

(8) A representative of physicians specializing in substance use disorder treatment.

(9) A representative of the office of the Attorney General.

(d) Members of the council shall serve without compensation.