Bill Text: IL SB2205 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Opioid Litigation Proceeds Act. Establishes the Opioid Litigation Proceeds Fund as a special fund in the State treasury. Provides for the allocation of moneys to the Fund. Provides requirements for the use and disbursement of moneys in the Fund. Establishes the Opioid Litigation Proceeds Council. Provides for the membership of the Council and related requirements. Provides for the powers and duties of the Council and the Department of Public Health in relation to Council activities. Provides that the Council shall disburse moneys from the Fund in a manner consistent with the limitations on uses of litigation proceeds set forth in any controlling court order, with specified exceptions. Provides reporting requirements. Provides for the adoption of rules. Amends the State Finance Act to provide for the Opioid Litigation Proceeds Fund. Provides findings and purpose provisions. Defines terms.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-10 - Referred to Assignments [SB2205 Detail]

Download: Illinois-2023-SB2205-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2205 Introduced 2/10/2023, by Sen. Sally J. Turner SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.990 new
Creates the Opioid Litigation Proceeds Act. Establishes the Opioid Litigation Proceeds Fund as a special fund in the State treasury. Provides for the allocation of moneys to the Fund. Provides requirements for the use and disbursement of moneys in the Fund. Establishes the Opioid Litigation Proceeds Council. Provides for the membership of the Council and related requirements. Provides for the powers and duties of the Council and the Department of Public Health in relation to Council activities. Provides that the Council shall disburse moneys from the Fund in a manner consistent with the limitations on uses of litigation proceeds set forth in any controlling court order, with specified exceptions. Provides reporting requirements. Provides for the adoption of rules. Amends the State Finance Act to provide for the Opioid Litigation Proceeds Fund. Provides findings and purpose provisions. Defines terms.
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A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Opioid
Litigation Proceeds Act.
Section 5. Legislative findings; purpose.
(a) The General Assembly finds the following:
(1) Illinois anticipates the receipt of substantial
payments based on legal claims made against manufacturers
and distributors of prescription opioid analgesics,
pharmacies that dispensed prescription opioid analgesics,
and related parties for their alleged roles in
contributing to the high rates of drug overdoses and other
drug-related harms.
(2) Experience with the 1990s tobacco settlements
suggests that, without firm commitment and planning, the
opioid litigation proceeds may not be directed toward
preventing and addressing substance use disorders,
overdoses, and drug-related harms. Substance use
disorders, overdoses, and drug-related harms have had a
significant impact on the country and this State.
(3) According to the Centers for Disease Control and
Prevention (CDC), over 94,000 drug overdose deaths

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occurred in the United States in the 12 months ending in
January 2021; the highest number of overdose deaths ever
recorded in a 12-month period.
(4) It is estimated that the cost to society of the
opioid misuse and overdose crisis in the United States
from 2015 through 2018 was at least $631,000,000,000. This
estimate accounts for the use of illicit substances and
includes costs associated with additional health care
services for those impacted by opioid use disorder,
premature mortality, criminal justice activities, child
and family assistance programs, education programs, and
lost productivity.
(5) In this State, drug overdoses continue to
devastate our residents and communities and strain
government resources, with a number people dying from
unintentional drug overdoses.
(6) According to the Surgeon General, substance use
disorders respond to treatment like other chronic
diseases. Addiction can be managed successfully, and
treatment enables people to counteract addiction's
powerful disruptive effects on the brain and behavior and
regain control of their lives. The chronic nature of the
disease means that returning to substance use is not only
possible but also likely, with symptom recurrence rates
like those for other well-characterized chronic medical
illnesses, such as diabetes, hypertension, and asthma.

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(7) Addressing substance use disorders, overdoses, and
drug-related harms will require dedicated resources and
many years. Directing opioid litigation proceeds to
establish, sustain, and expand substance use disorder
abatement infrastructure, programs, services, supports,
and resources for prevention, treatment, recovery, and
harm reduction in Illinois will represent critically
important progress towards the work to be done.
(b) It is the intent of the General Assembly through this
Act:
(1) to maximize funds available to address the
overdose crisis in this State by encouraging all relevant
parties that have made legal claims against manufacturers
and distributors of prescription opioid analgesics,
pharmacies that dispensed prescription opioid analgesics,
and related parties to participate in any final settlement
of legal claims against such defendants into which this
State may enter;
(2) to establish a dedicated Fund that is designated
for substance use disorder abatement, including
prevention, treatment, recovery, and harm reduction
infrastructure, programs, services, supports, and
resources. All proceeds received by the State arising out
of legal claims made against manufacturers and
distributors of prescription opioid analgesics, pharmacies
that dispensed prescription opioid analgesics, and related

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parties shall be deposited into the dedicated Fund;
(3) to ensure that proceeds deposited into the Fund:
(i) remain separate from the State General Revenue Fund;
(ii) do not lapse, do not revert to the General Revenue
Fund, and are not otherwise subject to fiscal year
limitations; and (iii) are used only as intended for
substance use disorder abatement, including prevention,
treatment, recovery, and harm reduction infrastructure,
programs, services, supports, and resources;
(4) that any distributions from the Fund supplement,
and not supplant or replace, any existing or future local,
State, or federal government funding for such
infrastructure, programs, services, supports, and
resources, including, but not limited to, insurance
benefits, federal grant funding, and Medicaid and Medicare
funds;
(5) that a council of geographically, racially, and
ethnically diverse stakeholders be established to ensure
robust and informed public involvement, accountability,
and transparency in allocating and accounting for the
moneys in the Fund;
(6) that the council have wide discretion regarding
the types of substance use disorder abatement
infrastructure, programs, services, supports, and
resources that it may recommend and approve for funding,
including, but not limited to, infrastructure,

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evidence-based programs and services, promising practices
with emerging evidence, and pilot programs reasonably
expected to yield evidence of effectiveness; and
(7) that substance use disorder abatement
infrastructure, programs, services, supports, and
resources yield reductions in mortality and improvements
in prevention, treatment, harm reduction, and recovery
outcomes, and that recipients of distributions from the
Fund measure and report outcomes associated with such
distributions.
(c) It is also the intent of the General Assembly through
this Act:
(1) that the requirements and protections set forth in
this Act as applied to disbursement and allocation of
proceeds of any State settlement of claims against a
manufacturer or distributor of prescription opioid
analgesics, pharmacy that dispensed prescription opioid
analgesics, or related party apply to only those units of
local government that execute an agreement to participate
in such settlement and adhere to the terms of such
agreement; and
(2) that moneys be disbursed from the Fund to both
governmental and not-for-profit non-governmental
entities.
Section 10. Definitions. As used in this Act:

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"Conflict of interest" means a financial association
involving a Council member or the member's immediate family
that has the potential to influence a Council member's
actions, recommendations, or decisions related to the
disbursement of opioid litigation proceeds or other Council
activity.
"Council" means the Opioid Litigation Proceeds Council
established under Section 20.
"Evidence-based" means an activity, practice, program,
service, support, or strategy that meets one of the following
evidentiary criteria: (i) meta-analyses or systematic reviews
have found the strategy to be effective; (ii) evidence from a
scientifically rigorous experimental study, such as a
randomized controlled trial, demonstrates the strategy is
effective; or (iii) multiple observational studies from U.S.
settings indicate the strategy is effective. As used in this
definition, "effective" means an activity, practice, program,
service, support, or strategy that helps individuals avoid the
development and progression of substance use disorders or
drug-related harms; reduces the adverse consequences of
substance use among persons who use substances; or manages,
slows the progression of, or supports recovery from a
substance use disorder or co-occurring mental health disorder.
"Fund" means the Opioid Litigation Proceeds Fund
established under Section 15.
"Harm reduction" means a program, service, support, or

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resource that attempts to reduce the adverse consequences of
substance use among persons who continue to use substances.
Harm reduction addresses conditions that give rise to
substance use, as well as the substance use itself, and may
include, but is not limited to, syringe service programs,
naloxone distribution, and education about Good Samaritan
laws.
"Infrastructure" means the resources, such as personnel,
buildings, or equipment, required for this State or a region
or unit of local government thereof, or not-for-profit
organizations therein, to provide substance use disorder
prevention, treatment, recovery, and harm reduction programs,
services, supports, and resources;
"Prevention" means primary, secondary, and tertiary
efforts to avoid the development and progression of substance
use disorders or drug-related harms. Primary prevention
involves promoting positive youth development and helping
individuals avoid the risk factors for, and development of,
addictive behaviors through both universal and individualized
efforts. Primary prevention incorporates efforts in support of
individualized health care, including the safe prescribing of
opioid and other controlled medications. Primary prevention
also encompasses efforts to avoid adverse childhood
experiences and to avoid or delay the onset of substance use
among persons under 21 years of age. Secondary prevention
consists of uncovering potentially harmful substance use prior

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to the onset of problems or substance use disorder symptoms.
Tertiary prevention entails treating the medical consequences
of substance use and facilitating entry into substance use
disorder treatment so further disability is minimized.
Prevention strategies include continuing treatment and
avoiding a return to substance use so that patients who have
been treated successfully may remain in remission.
"Proceeds" means damages, penalties, attorneys' fees,
costs, disbursements, refunds, rebates, or any other monetary
payment made or paid by any defendant manufacturer or
distributor of prescription opioid analgesics, pharmacy that
dispensed prescription opioid analgesics, or related party to
this State by reason of any judgment, consent decree, or
settlement, after payment of any costs or fees required by
court order.
"Recovery" means an active process of continual growth
that addresses the biological, psychological, social, and
spiritual disturbances inherent in addiction and includes the
following factors:
(1) the goal of improved quality of life and enhanced
wellness as identified by the individual;
(2) an individual's consistent pursuit of abstinence
from the substances or behaviors towards which
pathological pursuit had been previously directed or which
could pose a risk for pathological pursuit in the future;
(3) relief of an individual's symptoms, including

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substance craving;
(4) improvement of an individual's own behavioral
control;
(5) enrichment of an individual's relationships,
social connectedness, and interpersonal skills; and
(6) improvement in an individual's emotional
self-regulation.
"Substance use disorder" means a pattern of use of alcohol
or other substances that meets the applicable diagnostic
criteria delineated in the Diagnostic and Statistical Manual
of Mental Disorders (DSM–5) of the American Psychiatric
Association, or in any subsequent editions.
"Supplement" means to add funding, consistent with Section
15, for substance use disorder abatement infrastructure or a
substance use disorder abatement program, service, support, or
resource to ensure current year funding exceeds the sum of
federal, State, and local funds allocated in the previous
fiscal year enacted State budget for such substance use
disorder abatement infrastructure, program, service, support,
or resource.
"Treatment" means an evidence-based practice or service to
intervene upon, care for, manage, slow progression of, or
support recovery from a substance use disorder or co-occurring
mental health disorder. Treatment is individualized to address
each person's medical needs and includes, but is not limited
to, screening for and diagnosing substance use disorders and

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co-occurring mental or physical health disorders, as well as
pharmacological and non-pharmacological therapeutic
interventions for substance use disorders and co-occurring
mental health disorders.
Section 15. Opioid Litigation Proceeds Fund.
(a) The Opioid Litigation Proceeds Fund is hereby
established as a special fund in the State treasury. The Fund
shall operate as a dedicated fund to be administered by the
State Treasurer. Moneys in the Fund shall not revert to the
General Revenue Fund of the State treasury. The State
Treasurer is authorized to create sub-funds or sub-accounts as
may be necessary or appropriate to implement the purposes of
this Act.
(b) There shall be credited to the Fund:
(1) proceeds received by the State in connection with
legal claims made against manufacturers and distributors
of prescription opioid analgesics, pharmacies that
dispensed prescription opioid analgesics, and related
parties, regardless of whether such proceeds are received
as a lump sum or series of payments to be made over a
period of time;
(2) moneys appropriated by, or transferred to, the
Fund by the General Assembly;
(3) gifts, donations, grants, bequests, and other
moneys received by the State on the Fund's behalf; and

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(4) any interest on moneys in the Fund.
(c) Moneys in the Fund shall be spent only for the
following substance use disorder abatement purposes, upon the
approval of the Council:
(1) statewide or community substance use disorder
needs assessments to identify structural gaps and needs to
inform expenditures from the Fund;
(2) infrastructure required for evidence-based
substance use disorder prevention, treatment, recovery, or
harm reduction programs, services, and supports;
(3) programs, services, supports, and resources for
evidence-based substance use disorder prevention,
treatment, recovery, or harm reduction;
(4) law enforcement agency programs, services,
supports, and resources for substance use disorder
abatement and prevention;
(5) evidence-informed substance use disorder
prevention, treatment, recovery, or harm reduction pilot
programs or demonstration studies that are not
evidence-based but are approved by the Council as an
appropriate use of moneys for a limited period of time as
specified by the Council. In considering evidence-informed
pilot programs and demonstration studies, the Council
shall assess whether the emerging evidence supports
distribution of moneys for such uses, or otherwise whether
there is a reasonable basis for funding such uses with the

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expectation of creating an evidence base for such uses;
(6) evaluations of effectiveness and outcomes
reporting for substance use disorder abatement
infrastructure, programs, services, supports, and
resources for which moneys from the Fund were disbursed,
such as impact on access to harm reduction services or
treatment for substance use disorders, or reduction in
drug-related mortality;
(7) one or more data interfaces managed by the State,
an agency thereof, or law enforcement agencies, to
aggregate, track, and report, free of charge and available
online to the public, data on substance use disorder,
overdoses, and drug-related harms; spending
recommendations, plans, and reports; and outcomes of
programs, services, supports, and resources for which
moneys from the Fund were disbursed;
(8) expenses incurred in administering and staffing
the Fund and the Council; provided that such expenses
shall not exceed 8% of the Fund's balance on an annual
basis; and
(9) expenses associated with managing, investing, and
disbursing moneys in the Fund; provided that such expenses
shall not exceed 2% of the Fund's balance on an annual
basis.
(d) For purposes of paragraphs (8) and (9) of subsection
(c), the Fund balance shall be determined by December 31 of

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each year.
(e) Unless otherwise required by controlling court order
to refund to the federal government a portion of the proceeds,
moneys in the Fund shall be used for prospective purposes and
shall not be used to reimburse expenditures incurred prior to
the effective date of this Act.
(f) Proceeds derived from any State settlement of claims
against a manufacturer or distributor of prescription opioid
analgesics, pharmacy that dispensed prescription opioid
analgesics, or related party shall be allocated and disbursed
only to those units of local government that execute an
agreement to participate in such settlement and adhere to the
terms of such agreement. This restriction shall not preclude
nor limit the allocation and disbursement of such settlement
proceeds for the benefit of persons within units of local
government that do not execute an agreement to participate in
such settlement or do not adhere to the terms of such
agreement.
(g) Moneys in the Fund shall be disbursed to both
governmental and not-for-profit non-governmental entities.
(h) Fund disbursements shall be made by the State
Treasurer upon the approval of the Council. The State
Treasurer shall not make or refuse to make any disbursement
allowable under this subsection (h) without the approval of
the Council. The State Treasurer shall adhere to the Council's
decisions regarding disbursement of moneys from the Fund so

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long as such disbursement is a permissible expenditure under
subsection (c). The State Treasurer's role in the distribution
of moneys as approved by the Council shall be ministerial and
not discretionary.
(i) Moneys expended from the Fund for the purposes set
forth in subsection (c) shall be supplemental to, and shall
not supplant or take the place of, any other funds, including
insurance benefits or local, State, or federal funding, that
would otherwise have been expended for such purposes. The
State Treasurer shall not disburse moneys from the Fund during
any State fiscal year unless the Governor and the leaders of
each house of the General Assembly transmit to the Council a
letter verifying that funds appropriated and allocated in such
fiscal year's State budget for substance use disorder
abatement infrastructure, programs, services, supports, and
resources for prevention, treatment, recovery, and harm
reduction are no less than the sum of the funds for such
purposes appropriated and allocated in the previous fiscal
year's State budget. All funds appropriated for substance use
disorder abatement infrastructure, programs, services,
supports, and resources for prevention, treatment, recovery,
and harm reduction shall be made available for disbursement
during the fiscal year for which they are appropriated and if
not fully expended, shall be made available in each subsequent
fiscal year until fully expended.
(j) The State Treasurer shall have the responsibility for

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the investment and reinvestment of moneys in the Fund. On or
before December 31 each year, the State Treasurer shall issue
a public report, free of charge and available online,
specifying:
(1) an inventory of Fund investments as of the
issuance of the report;
(2) the net income the Fund earned for the prior
fiscal year;
(3) the dollar amount and the percentage of the Fund
balance incurred for expenses of administering and
staffing the Fund and the Council during the prior fiscal
year; and
(4) the dollar amount and the percentage of the Fund
balance incurred for expenses associated with managing,
investing, and disbursing moneys in the Fund during the
prior fiscal year.
Section 20. Opioid Litigation Proceeds Council.
(a) There is established the Opioid Litigation Proceeds
Council.
(b) The purpose of the Council is to ensure that proceeds
received by this State pursuant to Section 15 are allocated
and spent on State substance use disorder abatement
infrastructure, programs, services, supports, and resources
for prevention, treatment, recovery, and harm reduction, and
to ensure robust public involvement, accountability, and

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transparency in allocating and accounting for the moneys in
the Fund.
(c) Members of the Council shall be appointed as follows:
(1) The Council shall be composed of 14 voting members
and one non-voting ex officio member. The Director of
Public Health shall serve as the non-voting ex officio
member.
(2) Voting members must be residents of this State.
(3) A Council Chair, who shall be a member of the
Council in addition to those appointed under paragraphs
(4) and (5), shall be appointed by the Governor.
(4) The Council shall be further appointed as follows:
(A) one member appointed by the Attorney General;
(B) two members of an association representing
Illinois counties appointed by the Governor;
(C) one member who is a medical professional with
experience working with the U.S. Department of
Veterans Affairs appointed by the Director of
Veterans' Affairs; and
(D) five members appointed by the Director of
Public Health, upon application to and approval by the
Director of Public Health.
(5) The Council shall also consist of 4 members of the
General Assembly appointed one each by the Speaker of the
House of Representatives, the Minority Leader of the House
of Representatives, the President of the Senate, and the

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Minority Leader of the Senate. The requirements of
subsections (d), (e), and (g) shall not apply to members
of the General Assembly appointed under this paragraph
(5).
(d) The appointment of members to the Council shall
account for the following requirements:
(1) Council membership shall include persons who have
experience in providing substance use disorder prevention,
treatment, recovery, and harm reduction services;
(2) Council membership shall include persons, to the
extent practicable, who have expertise, experience, or
education in public health policy or research; medicine;
mental health services; or public budgeting;
(3) Council membership shall also include individuals
with lived experience with substance use disorder
recovery; family members of persons who have, or decedents
who had, a substance use disorder; and representatives of
communities that have been disproportionately impacted by
substance use and disparities in access to care or health
outcomes; and
(4) Council membership shall represent the geographic
regions of the State and shall include persons who reflect
the racial and ethnic diversity of the State.
(e) Council membership terms of office shall be as
follows:
(1) Upon creation of the Council, the members

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appointed under subsections (c)(4)(C) and (c)(4)(D) shall
serve an initial 2-year term, and the members appointed
under subsections (c)(3), (c)(4)(A), and (c)(4)(B) shall
serve an initial one-year term to enable the staggering of
terms.
(2) With the exception of the initial terms
established in paragraph (1) of this subsection (e), each
appointed member of the Council shall serve a 3-year term.
The beginning of an initial term shall be deemed to be
January 1 of the calendar year in which the appointment
occurs, regardless of whether the actual appointment date
occurs before or after January 1 of that year.
(f) If there is a vacancy in the Council membership, the
vacancy shall be filled in the manner of the original
appointment for the remainder of the term. For the purposes of
reappointment, any partial term filled after a vacancy shall
be considered a full term.
(g) A Council member shall serve no more than 2 terms.
(h) Any member who is appointed may be removed by the
appointing authority for failure to attend at least one-half
of the scheduled meetings in any one-year period, or for
unethical, dishonest, or bad faith conduct.
(i) Council duties and powers.
(1) The Council shall have the following powers and
duties:
(A) recommend and approve policies and procedures

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for administration of the Council and for the
application, awarding, and disbursement of moneys from
the Fund, to be used for the purposes set forth in
subsection (c) of Section 15;
(B) recommend and approve goals, objectives and
their rationales, sustainability plans, and
performance indicators relating to: (i) substance use
disorder prevention, treatment, recovery, and harm
reduction efforts; (ii) reducing disparities in access
to prevention, treatment, recovery, and harm reduction
programs, services, supports, and resources; and (iii)
improving health outcomes in traditionally underserved
populations, including, but not limited to, those who
live in rural or tribal communities, persons of color,
and formerly incarcerated individuals;
(C) approve awards of moneys from the Fund
exclusively for permissible expenditures set forth in
subsection (c) of Section 15; and
(D) approve suspensions of allocations of moneys
from the Fund to recipients found by the Council or the
Department of Public Health to be substantially out of
compliance with: (i) Council policies or procedures;
(ii) the policies, procedures, or rules of the
Department of Public Health; or (iii) the approved
purpose or use of such monetary awards. The Council
may resume approval of such allocations once the

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Council or the Department of Public Health has
determined the recipient has adequately remedied the
cause of such suspension.
(2) The Council shall approve allocations of moneys
from the Fund across the State, considering the following
criteria, among others:
(A) the number of people per capita with a
substance use disorder in a county or region of the
State;
(B) disparities in access to care in a county or
region of the State that may preclude persons with a
substance use disorder from obtaining a diagnosis or
receiving evidence-based treatment;
(C) the number of overdose deaths per capita in a
county or region of the State;
(D) the infrastructure, programs, services,
supports, or other resources currently available to
individuals with substance use disorders in a county
or region of the State; and
(E) disparities in access to care and health
outcomes in a county or region of the State.
(j) The Department of Public Health shall have the
following powers and duties with respect to the Council:
(1) employ a full-time executive director of the
Council to plan and support the meetings and functions of
the Council and direct the day-to-day activities required

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to ensure that proceeds received by this State under
subsection (b) of Section 15 are allocated and spent on
State substance use disorder abatement infrastructure,
programs, services, supports, and resources for
prevention, treatment, recovery, and harm reduction, and
to ensure robust public involvement, accountability, and
transparency in allocating and accounting for the moneys
in the Fund;
(2) provide public health research and policy
expertise, support staff, facilities, technical
assistance, and other resources to assist the executive
director of the Council with the meetings and functions of
the Council and the day-to-day activities required to
ensure that proceeds received by this State under
subsection (b) of Section 15 are allocated and spent on
State substance use disorder abatement infrastructure,
programs, services, supports, and resources for
prevention, treatment, recovery, and harm reduction; and
to ensure robust public involvement, accountability, and
transparency in allocating and accounting for the monies
in the Fund;
(3) utilize, where feasible, appropriations from the
General Revenue Fund and existing infrastructure,
programs, services, supports, or other resources to
address substance use disorders, overdoses, and
drug-related harms in the State;

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(4) prepare for review and approval by the Council
goals, objectives and their rationales, sustainability
plans, and performance indicators relating to substance
use disorder prevention, treatment, recovery, and harm
reduction efforts and reducing disparities in access to
prevention, treatment, recovery, and harm reduction
programs, services, supports, and resources;
(5) evaluate applications and recommend to the Council
awards and disbursements of moneys from the Fund
exclusively for permissible expenditures set forth in
subsection (c) of Section 15;
(6) maintain oversight over the expenditure of moneys
from the Fund to ensure moneys are used exclusively for
the purposes set forth in subsection (c) of Section 15;
(7) recommend to the Council suspensions of
allocations of moneys from the Fund to recipients found by
the Department of Public Health to be out of compliance
with: (i) Council policies or procedures; (ii) the
policies, procedures, or rules of the Department of Public
Health; or (iii) the approved purpose or use of such
monetary awards;
(8) require recipients of moneys from the Fund to
provide an annual report to the Council detailing the
effectiveness of infrastructure, programs, services,
supports, and resources funded, including, at a minimum:
(i) how the recipient used the moneys for their intended

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purposes; (ii) the number of individuals served by race,
age, gender, or other demographic factor reported in a
de-identified manner; (iii) a specific analysis of whether
the infrastructure, program, service, support, or
resources reduced mortality or improved prevention,
treatment, harm reduction, or recovery outcomes; and (iv)
if a plan to ensure the sustainability of the
infrastructure, program, service, support, or resources
funded exists, a summary of such plan;
(9) implement and publish on the Council or Department
of Public Health's website, policies and procedures for
administration of the Council and for the application,
awarding, and disbursement of moneys from the Fund, to be
used for the purposes set forth in subsection (c) of
Section 15; and
(10) publish on the Council and Department of Public
Health's website an annual report, free of charge and
available online to the public, of the Council's
activities and effectiveness pursuant to Section 30.
(k) The Council shall hold at least 4 public meetings per
year. A meeting may be called by the chair or by a majority of
the Council's members. Members may attend meetings in person,
remotely by audio-visual means, or, upon approval by the
chair, by audio-only means. Meetings shall be publicized and
held in a manner reasonably designed to facilitate in-person
and live-stream attendance by residents throughout the State.

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The Council shall function in a manner consistent with the
Open Meetings Act and with the federal Americans with
Disabilities Act.
(l) For each meeting of the Council, a majority of the
appointed voting members shall constitute a quorum for the
transaction of business. If there is a quorum, then all
actions of the Council shall be taken by an affirmative vote of
a majority of the members present at the meeting. Each voting
member shall have one vote.
(m) Members of the Council shall receive no compensation
for serving as members, but may be reimbursed for their actual
and necessary expenses incurred in carrying out their duties
as members of the Council.
(n) Members must disclose to the Council, refrain from
participating in discussions, and recuse themselves from
voting on any matter before the Council if members have a
conflict of interest.
(o) The Council will terminate when all moneys received
pursuant to subsection (b) of Section 15 have been received
and disbursed, unless the Attorney General certifies that
additional moneys are anticipated.
(p) The Council shall create and maintain a website, free
of charge and available to the public, which shall include, at
a minimum, Council meeting attendance rolls and minutes,
including, but not limited to: (i) records of all votes on
expenditures of moneys from the Fund; (ii) recipient

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agreements and reports required under paragraph (8) of
subsection (j); (iii) policies and procedures approved by the
Council; (iv) Council-related policies, procedures, and rules,
adopted by Council; and the Council's annual reports.
Section 25. Court order.
(a) Except as provided in subsection (b), the Council
shall disburse moneys from the Fund in a manner consistent
with the limitations on uses of litigation proceeds set forth
in any controlling court order.
(b) If a controlling court order permits expenditures
other than or in excess of expenditures authorized under
subsection (c) of Section 15, the Council shall adhere to the
limitations on use of moneys set forth in subsection (c) of
Section 15. If subsection (c) of Section 15 permits
expenditures other than or in excess of those authorized in a
controlling court order, the Council shall adhere to the
limitations on use of moneys set forth in the court order. If a
controlling court order allocates litigation proceeds among
counties or regions of this State, paragraph (2) of subsection
(i) of Section 20 shall not apply, and the Council shall
disburse moneys from the Fund according to the allocations set
forth in the court order.
Section 30. Reporting.
(a) Not later than December 31 of each year, beginning one

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year after the initial deposit of proceeds into the Fund, the
Department of Public Health, in consultation with the Council,
shall provide a written report to the Governor and the General
Assembly detailing the Council's activities during the prior
calendar year. The report shall be published on the website of
the Council and the Department of Public Health.
(b) The written annual report on the Council's activities
shall include, at a minimum:
(1) the opening and closing balance of the Fund for
the calendar year;
(2) an accounting of all credits to, and expenditures
from, the Fund;
(3) the name and a description of each recipient of
moneys from the Fund, and the amount awarded to such
recipient;
(4) a description of each award's intended use,
including the specific program, service, or resource
funded, the population served, and the measures that the
recipient will use to assess the impact of the award;
(5) the primary criteria used to determine each
recipient and its respective award amount;
(6) a summary of information included in the recipient
report required under paragraph (8) of subsection (j) of
Section 20;
(7) all applications for an award of moneys from the
Fund received during the calendar year;

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(8) a description of any finding or concern as to
whether all moneys disbursed from the Fund, other than
expenses authorized under paragraphs (8) and (9) of
subsection (c) of Section 15, supplemented, and did not
supplant or replace, any existing or future local, State,
or federal government funding; and
(9) the performance indicators and progress toward
achieving the goals and objectives developed under
subparagraph (B) of paragraph (1) of subsection (i) of
Section 20, including metrics on improving outcomes and
reducing mortality and other harms related to substance
use disorders.
Section 35. Rules. The Department of Public Health shall
adopt rules for the implementation of this Act, including, but
not limited to, guidelines and requirements related to
providing staff, facilities, technical assistance, and other
resources to assist with the meetings and functions of the
Council.
Section 100. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The The Opioid Litigation Proceeds Fund.