Bill Text: MI SB0993 | 2021-2022 | 101st Legislature | Chaptered
Bill Title: Controlled substances: opioids; Michigan opioid healing and recovery fund; create. Amends sec. 2 of 2000 PA 489 (MCL 12.252) & adds sec. 3.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-05-24 - Assigned Pa 0083'22 With Immediate Effect [SB0993 Detail]
Download: Michigan-2021-SB0993-Chaptered.html
Act No. 83
Public Acts of 2022
Approved by the Governor
May 19, 2022
Filed with the Secretary of State
May 19, 2022
EFFECTIVE DATE: May 19, 2022
state of michigan
101st Legislature
Regular session of 2022
Introduced by Senator MacDonald
ENROLLED SENATE BILL No. 993
AN ACT to amend 2000 PA 489, entitled “An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,” by amending section 2 (MCL 12.252), as amended by 2021 PA 137, and by adding section 3.
The People of the State of Michigan enact:
(a) “Community district education trust fund” means the community district education trust fund created in section 12.
(b) “Flint settlement trust fund” means the Flint settlement trust fund created in section 11.
(c) “Medicaid benefits trust fund” means the Michigan Medicaid benefits trust fund established in section 5.
(d) “Medicaid program” means a program for medical assistance established under title XIX of the social security act, 42 USC 1396 to 1396w-6.
(e) “Medicaid special financing payments” means the Medicaid special adjustor payments each year authorized in the department of health and human services appropriations act.
(f) “Michigan merit award trust fund” means the Michigan merit award trust fund established in section 9.
(g) “Michigan opioid healing and recovery fund” means the Michigan opioid healing and recovery fund created in section 3.
(h) “Strategic outreach and attraction reserve fund” means the strategic outreach and attraction reserve fund created in section 4.
(i) “Tobacco settlement revenue” means money received by this state that is attributable to the master settlement agreement incorporated into a consent decree and final judgment entered into on December 7, 1998 in Kelly Ex Rel. Michigan v Philip Morris Incorporated, et al., Ingham County Circuit Court, docket no. 96-84281CZ, including any rights to receive money attributable to the master settlement agreement that has been sold by this state.
(j) “21st century jobs trust fund” means the 21st century jobs trust fund established in section 7.
Sec. 3. (1) The Michigan opioid healing and recovery fund is created in the department of treasury.
(2) The state treasurer shall deposit all proceeds received by this state as a result of any judgment, settlement, or compromise of claims pertaining to violations, or alleged violations, of law related to the manufacture, marketing, distribution, dispensing, or sale of opioids into the Michigan opioid healing and recovery fund, except for proceeds received under the Medicaid false claim act. The state treasurer may deposit money or other assets from any other source into the Michigan opioid healing and recovery fund as provided by law.
(3) The state treasurer shall direct the investment of the Michigan opioid healing and recovery fund consistent with 1855 PA 105, MCL 21.141 to 21.147, and shall credit interest and earnings from the investments to the Michigan opioid healing and recovery fund.
(4) Money in the Michigan opioid healing and recovery fund at the close of the fiscal year must remain in the Michigan opioid healing and recovery fund and must not lapse to the general fund.
(5) The department of treasury is the administrator of the Michigan opioid healing and recovery fund for audits of the fund.
(6) Subject to subsection (7), the department of treasury shall expend money from the Michigan opioid healing and recovery fund, on appropriation, in a manner and for purposes consistent with the opioid judgment, settlement, or compromise of claims from which the money was received.
(7) Money in the Michigan opioid healing and recovery fund must be used to create or supplement programs or services. The money must not be used to replace any other governmental funds that would otherwise have been appropriated or expended for any other program or service.
(8) Subject to subsection (9), the department of the attorney general may expend money from the Michigan opioid healing and recovery fund, on appropriation, to pay for costs and reasonable attorney fees incurred in the pursuit of an opioid judgment, settlement, or compromise of claims, except for a pursuit under the Medicaid false claim act.
(9) If possible, the department of the attorney general shall attempt to have costs and attorney fees described in subsection (8) paid by a defendant or source other than the Michigan opioid healing and recovery fund.
(10) As used in this section, “Medicaid false claim act” means the medicaid false claim act, 1977 PA 72, MCL 400.601 to 400.615.
This act
is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor
