SB762 (2020) Detail

Establishing an opioid abatement trust fund.


SB 762-FN - AS INTRODUCED

 

 

2020 SESSION

20-3066

05/10

 

SENATE BILL 762-FN

 

AN ACT establishing an opioid abatement trust fund.

 

SPONSORS: Sen. Soucy, Dist 18; Sen. Morse, Dist 22; Rep. Shurtleff, Merr. 11; Rep. Hinch, Hills. 21

 

COMMITTEE: Finance

 

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ANALYSIS

 

This bill establishes an opioid abatement trust fund.  The department of health and human services, in consultation with the New Hampshire opioid abatement advisory commission, shall use the fund to support programs associated with the prevention, treatment, and recovery of substance use disorders.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3066

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing an opioid abatement trust fund.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Opioid Abatement Trust Fund.  Amend RSA 126-A by inserting after section 79-a the following new subdivision:

Opioid Abatement Trust Fund

126-A:80  Opioid Abatement Trust Fund Established.  There is hereby established an opioid abatement trust fund, which shall be kept distinct and separate from all other funds.  All proceeds received by the state from consumer protection settlements or judgments against opioid manufacturers or distributors shall be deposited into the fund in accordance with RSA 7:6-f.  Any amount that would have been deposited in the general fund under RSA 7:6-f shall, instead, be placed in the opioid abatement trust fund.  All other opioid-related settlement funds or judgments shall, likewise, be placed in the opioid abatement trust fund.  The opioid abatement trust fund shall be invested in accordance with RSA 6:8, and any earnings on trust fund moneys shall be added to the  fund.  All moneys in the trust fund shall be non lapsing and shall be continually appropriated for the purposes of RSA 126-A:81.

126-A:81  Opioid Abatement Trust Fund; Management and Distribution of Funds.  

I.  The commissioner of the department of health and human services, in consultation with the New Hampshire opioid abatement advisory commission established in RSA 126-A:82, shall administer the opioid abatement trust fund established in RSA 126-A:80.  Subject to the approval of the fiscal committee of the general court, proceeds from the opioid abatement trust fund sufficient to fund qualifying opioid abatement projects shall be transferred to the department of health and human services and maintained in a separate, non lapsing account, which shall be continually appropriated to the department of health and human services for the purpose of paying all costs of this program.

II.  The department shall award grants, revolving loan funds, and matching funds to qualifying projects from the opioid abatement trust fund in the following manner:

(a)  Prior to the distribution of any funds, the commissioner of the department of health and human services, in consultation with the opioid abatement advisory commission, shall adopt criteria for approved uses of the fund.  Such criteria shall be based on previous costs and future investments associated with the prevention, treatment, and recovery of substance use disorders.

(b)  Funds shall be distributed and allocated between the state, counties, cities, and towns.  All funds paid to the state of New Hampshire on an annual basis shall be expended for approved uses, as determined under subparagraph (a).

III.  No expenditure from the opioid abatement trust fund shall be used to supplant current or future costs which would otherwise be funded through federal, state, or local funds.

IV.  The department shall continue to make disbursements from the trust fund pursuant to this section for as long as defendants in the opioid litigation make annual payments to the state, or until such time as funds in the opioid abatement trust fund are exhausted.

V.  On or before September 1, each New Hampshire county, city, town, or program that receives funds under this section shall annually provide to the department of health and human services a detailed accounting of all monies spent on approved uses, including, but not limited to an analysis and evaluation of the projects and programs it has funded.  

VI.  The department of health and human services shall adopt rules, under RSA 541-A, necessary to implement this subdivision.  Such rules shall include funding qualifications, criteria for approved uses, application procedures, and reporting requirements.

VII.  On or before November 1, the commissioner of the department of health and human services shall submit an annual report to the governor and fiscal committee of the general court, detailing the activities and operation of the fund.

126-A:82  New Hampshire Opioid Abatement Advisory Commission Established.

I.  There is hereby established the New Hampshire opioid abatement advisory commission, which shall consult with and advise the department of health and human services relative to the proper administration and management of the opioid abatement trust fund, as established in RSA 126-A:80.

II.  The commission shall consist of the following members:

(a)  The governor, or designee.

(b)  The attorney general, or designee.

(c)  The state treasurer, or designee.

(d)  The commissioner of the department of corrections, or designee.

(e)  The commissioner of the department of health and human services, or designee.

(f)  One member of the house of representatives, appointed by the speaker of the house of representatives.

(g)  One member of the senate, appointed by the president of the senate.

(h)  The chairman of the governor's commission on alcohol and drug abuse, prevention, treatment and recovery, or designee.

(i)  The president of the county corrections superintendents affiliate, or designee.

(j)  The president of the county nursing home affiliate, or designee.

(k)  The president of the County Attorneys Association, or designee.

(l)  The president of the New Hampshire Association of Police Chiefs, or designee.

(m)  One designee appointed by the New Hampshire Association of Counties from a county with a population of 100,000 or more.

(n)  One designee appointed by the New Hampshire Association of Counties from a county with a population of less than 100,000.

(o)  One designee representing substance use disorder diversion and outreach programs, and/or drug courts, appointed by the governor.

(p)  One designee of a city with a population over 75,000, appointed by the senate president and the speaker of the house of representatives.

(q)  One designee of a city with a population under 75,000, appointed by the senate president and the speaker of the house of representatives.

(r)  One designee representing a town with a population under 20,000, appointed by the senate president and the speaker of the house of representatives.

(s)  One designee representing victims of the opioid crisis appointed by the attorney general.

(t)  Three designees representing prevention, treatment and recovery providers, appointed by the senate president and the speaker of the house of representatives.

III.  Members appointed under subparagraphs (m)-(t) shall be appointed for staggered 2-year terms.  Members appointed under subparagraphs (a)-(l) shall serve a term coterminous with their term in office.  The advisory commission shall elect a chairperson every year with no person serving as chairperson for more than 2 consecutive one-year terms.

IV.  Each member of the advisory commission shall have one vote, with all actions being taken by an affirmative vote of the majority of present members.  Each vote shall be recorded and reported to the department of justice.  Twelve members shall constitute a quorum.

V.  Members of the advisory commission shall receive no compensation except for legislative members, who shall receive the legislative rate for mileage when attending to their duties on the board.

VI.  Meetings of the advisory commission shall be public and take place no less than twice per year.  The date and time of the meetings shall be published on the commission's website and disclosed in press advisories issued at least 14 days in advance of the meeting, together with the agenda.  This notice shall be the responsibility of the chairperson.  The location of the meetings shall alternate county by county in alphabetical order with the final choice of location at the discretion of the chairperson.  To the greatest extent possible, the chairperson shall make use of cost-free government locations.

VII.  The department of health and human services shall provide administrative support to the advisory commission.

126-A:83  New Hampshire Opioid Abatement Advisory Commission; Duties.  The opioid abatement advisory commission shall:

I.  Consult with and advise the department of health and human services on administration and management of the opioid abatement trust fund.  

II.  Perform such additional responsibilities as may be identified by the commission or the department, including reporting on projects and programs related to addressing the opioid epidemic, developing priorities, goals and recommendations for spending on such projects and programs, working with state agencies or outside entities to develop measures for projects and programs that address substance use disorders, and making recommendations for policy changes on a state and local level, including statutory law and administrative agency regulations.

III.  Create and maintain a website on which it shall publish its minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding awards by recipients.

IV.  On or before November 1, submit an annual report to the speaker of the house of representatives, the senate president, the governor, the commissioner of health and human services, and the state library on the findings and activities of the advisory commission, administration of the opioid advisory trust fund, and any recommendations for future legislation.

2  Disposition of Consumer Protection Settlement Funds.  Amend RSA 7:6-f to read as follows:

7:6-f  Disposition of Consumer Protection Settlement Funds.  Any funds received by the attorney general on behalf of the state or its citizens as a result of any civil judgment or settlement of a claim, suit, petition, or other action under RSA 358-A or related consumer protection statutes shall be deposited in a consumer protection escrow account.  The consumer protection escrow account shall at no time exceed $5 million, with any amount in excess of $5 million deposited into the general fund, except as otherwise provided in RSA 126-A:80.  The attorney general shall not include language in any consumer protection settlement that restricts any payments to the state for attorneys' fees, investigation and litigation costs, consumer education, or consumer protection enforcement to the consumer protection escrow account or any other account or fund.

3  New Subparagraph; Dedicated Funds; Opioid Abatement Trust Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (358) the following new subparagraph:

(359)  Moneys deposited in the opioid abatement trust fund, established in RSA 126-A:80.

4  Effective Date.  This act shall take effect July 1, 2020.

 

LBAO

20-3066

1/7/20

 

SB 762-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing an opioid abatement trust fund.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Opioid Abatement Trust Fund revenue.

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill establishes an opioid abatement trust fund, which will receive proceeds from consumer protection settlements, judgments against opioid manufacturers or distributors, and any other opioid-related settlements or judgments.  Under current law (RSA 7:6-f), consumer protection settlement funds are deposited into the state General Fund once the consumer protection escrow account exceeds $5 million.  Accordingly, the change contained in this bill will result in a reduction in General Fund revenue and a corresponding increase in restricted revenue to the Opioid Abatement Trust Fund.  The bill further states that the fund shall be administered by the Department of Health and Human Services, in consultation with the newly-created NH Opioid Abatement Advisory Commission.  Subject to approval by the Fiscal Committee, proceeds from the fund that are sufficient to fund qualifying opioid abatement projects will be transferred to a separate, nonlapsing account maintained by the Department.  The Department will then be responsible for allocating and distributing said funds to various opioid abatement projects.  The bill explicitly states that the funds shall be allocated between the state, counties, cities, and towns.  Any city, town, or program that receives funding will be responsible for providing to the Department a detailed accounting of funds spent, and the Department in turn will be responsible for submitting an annual report detailing the activities and operations of the fund.  The Department is unable to estimate the amounts that may be received or distributed, but assumes it will incur costs related to administering the fund and providing administrative support to the advisory commission.      

 

AGENCIES CONTACTED:

Department of Health and Human Services and Department of Justice

 

Links

SB762 at GenCourtMobile
SB762 Discussion

Action Dates

Date Body Type
March 17, 2020 Senate Hearing

Bill Text Revisions

SB762 Revision: 8245 Date: March 5, 2020, 5:01 p.m.

Docket

Date Status
March 5, 2020 Introduced 03/05/2020 and Referred to Finance; SJ 6
March 17, 2020 ==CANCELLED== Hearing: 03/17/2020, Room 103, SH, 01:00 pm; SC 11