House
File
2573
-
Introduced
HOUSE
FILE
2573
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HF
2323)
(SUCCESSOR
TO
HSB
634)
A
BILL
FOR
An
Act
creating
funds
relating
to
the
abatement
of
and
response
1
to
opioid
use.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
12.51
Opioid
settlement
fund.
1
1.
An
opioid
settlement
fund
is
created
in
the
office
of
2
the
treasurer
of
state.
The
fund
shall
be
separate
from
the
3
general
fund
of
the
state
and
the
balance
in
the
fund
shall
not
4
be
considered
part
of
the
balance
of
the
general
fund
of
the
5
state.
The
state
portion
of
any
moneys
paid
to
the
state
as
6
a
result
of
a
national
settlement
of
litigation
with
entities
7
that
manufactured,
marketed,
sold,
distributed,
dispensed,
8
or
promoted
opioids,
made
in
connection
with
claims
arising
9
from
the
manufacturing,
marketing,
selling,
distributing,
10
dispensing,
or
promoting
of
opioids,
shall
be
deposited
in
the
11
fund.
This
subsection
does
not
apply
to
such
moneys
paid
to
12
the
state
that
are
earmarked
for
or
otherwise
required
to
be
13
transferred
or
distributed
to
counties,
cities,
or
other
local
14
governmental
entities.
15
2.
Moneys
in
the
fund
shall
not
be
transferred,
used,
16
obligated,
appropriated,
or
otherwise
encumbered
except
as
17
provided
in
this
section.
Moneys
in
the
fund
shall
only
be
18
used
pursuant
to
appropriations
from
the
fund
by
the
general
19
assembly
for
purposes
of
abating
the
opioid
crisis
in
this
20
state,
which
may
include
but
are
not
limited
to
the
purposes
21
specified
in
section
135.190A
for
moneys
in
the
opioid
22
antagonist
medication
fund.
23
3.
Notwithstanding
section
8.33,
moneys
in
the
fund
24
that
remain
unencumbered
or
unobligated
at
the
close
of
a
25
fiscal
year
shall
not
revert.
Notwithstanding
section
12C.7,
26
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
27
be
credited
to
the
fund.
28
Sec.
2.
NEW
SECTION
.
135.190A
Opioid
antagonist
medication
29
fund.
30
1.
An
opioid
antagonist
medication
fund
for
first
31
responders
is
created
within
the
state
treasury
under
the
32
control
of
the
department.
The
fund
shall
consist
of
moneys
33
appropriated
to
or
deposited
into
the
fund.
34
2.
Moneys
in
the
fund
are
appropriated
to
the
department
for
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the
purchase,
maintenance,
and
replacement
of
opioid
antagonist
1
medication
administered
by
first
responders
to
persons
2
experiencing
an
opioid-related
overdose.
The
department
is
3
authorized
to
designate
moneys
in
the
fund
for
the
purchase,
4
maintenance,
and
replacement
of
opioid
antagonist
medication
5
used
by
the
department
or
other
entities
under
this
section.
6
3.
First
responders
may
contact
the
department
for
the
7
procurement
of
opioid
antagonist
medication.
The
department
8
shall
keep
a
record
of
the
distribution
of
moneys
from
the
9
fund.
10
4.
The
fund
may
consist
of
available
federal
or
state
moneys
11
available,
as
well
as
any
available
opioid
lawsuit
settlement
12
moneys.
Funds
may
be
transferred
between
other
state
agencies
13
and
the
fund
as
appropriate.
14
5.
Notwithstanding
section
8.33,
moneys
in
the
fund
15
that
remain
unencumbered
or
unobligated
at
the
close
of
16
a
fiscal
year
shall
not
revert
but
shall
remain
available
17
for
expenditure
for
the
purposes
designated
unless
federal
18
regulations
otherwise
require.
Notwithstanding
section
12C.7,
19
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
20
be
credited
to
the
fund.
21
6.
The
department
shall
submit
a
report
to
the
22
co-chairpersons
and
ranking
members
of
the
joint
appropriations
23
subcommittee
on
the
justice
system
and
to
the
legislative
24
services
agency
on
or
before
December
31
of
each
year
which
25
shall
contain
a
list
of
deposits
and
expenditures
from
the
fund
26
for
the
prior
fiscal
year
and
the
amount
of
carryover
funds,
if
27
any,
to
be
distributed
in
the
next
fiscal
year.
28
7.
For
purposes
of
this
section:
29
a.
“First
responder”
means
an
emergency
medical
care
30
provider,
a
registered
nurse
staffing
an
authorized
service
31
program
under
section
147A.12,
a
physician
assistant
staffing
32
an
authorized
service
program
under
section
147A.13,
a
fire
33
fighter,
or
a
peace
officer
as
defined
in
section
801.4
who
is
34
trained
and
authorized
to
administer
an
opioid
antagonist.
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b.
“Opioid
antagonist”
means
the
same
as
defined
in
section
1
147A.1.
2
c.
“Opioid-related
overdose”
means
the
same
as
defined
in
3
section
147A.1.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
creates
funds
relating
to
the
abatement
of
and
8
response
to
opioid
use.
9
OPIOID
SETTLEMENT
FUND.
The
bill
creates
an
opioid
10
settlement
fund.
The
state
portion
of
any
moneys
paid
to
11
the
state
as
a
result
of
a
national
settlement
of
litigation
12
with
entities
that
manufactured,
marketed,
sold,
distributed,
13
dispensed,
or
promoted
opioids,
made
in
connection
with
14
claims
arising
from
the
manufacturing,
marketing,
selling,
15
distributing,
dispensing,
or
promoting
of
opioids,
are
required
16
to
be
deposited
in
the
fund.
This
does
not
apply
to
such
moneys
17
paid
to
the
state
that
are
earmarked
for
or
otherwise
required
18
to
be
transferred
or
distributed
to
counties,
cities,
or
other
19
local
governmental
entities.
Moneys
in
the
fund
can
only
be
20
used
pursuant
to
appropriations
from
the
fund
by
the
general
21
assembly
for
purposes
of
abating
the
opioid
crisis
in
Iowa.
22
OPIOID
ANTAGONIST
MEDICATION
FUND.
The
bill
provides
that
23
an
opioid
antagonist
medication
fund
for
first
responders
is
24
created
within
the
state
treasury
under
the
control
of
the
25
department
of
public
health
(department).
The
fund
shall
26
consist
of
moneys
appropriated
to
or
deposited
in
the
fund
27
and
may
include
available
federal
or
state
moneys,
as
well
28
as
any
available
opioid
lawsuit
settlement
moneys.
Funds
29
may
be
transferred
between
other
state
agencies
and
the
fund
30
as
appropriate.
Moneys
in
the
fund
are
appropriated
to
the
31
department
for
the
purchase,
maintenance,
and
replacement
32
of
opioid
antagonist
medication
to
be
administered
by
first
33
responders
to
persons
experiencing
an
opioid-related
overdose.
34
Moneys
in
the
fund
may
be
designated
for
the
purchase,
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maintenance,
and
replacement
of
opioid
antagonist
medication.
1
First
responders
may
contact
the
department
for
the
procurement
2
of
opioid
antagonist
medication
and
the
department
shall
keep
a
3
record
of
the
distribution
of
moneys
from
the
fund.
4
The
bill
provides
that
moneys
in
the
fund
that
remain
5
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
6
not
revert
but
shall
remain
available
for
expenditure,
unless
7
federal
regulations
otherwise
require,
and
interest
or
earnings
8
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
9
The
bill
provides
that
the
department
shall
submit
a
report
10
to
the
co-chairpersons
and
ranking
members
of
the
joint
11
appropriations
subcommittee
on
the
justice
system
and
to
the
12
legislative
services
agency
on
or
before
December
31
of
each
13
year
which
shall
contain
a
list
of
deposits
and
expenditures
14
from
the
fund
for
the
prior
fiscal
year
and
the
amount
of
15
carryover
funds,
if
any,
to
be
distributed
in
the
next
fiscal
16
year.
17
The
bill
provides
definitions.
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