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House File 2573 - IntroducedA Bill ForAn Act 1creating funds relating to the abatement of and response
2to opioid use.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 12.51 Opioid settlement fund.
21. An opioid settlement fund is created in the office of
3the treasurer of state. The fund shall be separate from the
4general fund of the state and the balance in the fund shall not
5be considered part of the balance of the general fund of the
6state. The state portion of any moneys paid to the state as
7a result of a national settlement of litigation with entities
8that manufactured, marketed, sold, distributed, dispensed,
9or promoted opioids, made in connection with claims arising
10from the manufacturing, marketing, selling, distributing,
11dispensing, or promoting of opioids, shall be deposited in the
12fund. This subsection does not apply to such moneys paid to
13the state that are earmarked for or otherwise required to be
14transferred or distributed to counties, cities, or other local
15governmental entities.
162. Moneys in the fund shall not be transferred, used,
17obligated, appropriated, or otherwise encumbered except as
18provided in this section. Moneys in the fund shall only be
19used pursuant to appropriations from the fund by the general
20assembly for purposes of abating the opioid crisis in this
21state, which may include but are not limited to the purposes
22specified in section 135.190A for moneys in the opioid
23antagonist medication fund.
243. Notwithstanding section 8.33, moneys in the fund
25that remain unencumbered or unobligated at the close of a
26fiscal year shall not revert. Notwithstanding section 12C.7,
27subsection 2, interest or earnings on moneys in the fund shall
28be credited to the fund.
29 Sec. 2. NEW SECTION. 135.190A Opioid antagonist medication
30fund.
311. An opioid antagonist medication fund for first
32responders is created within the state treasury under the
33control of the department. The fund shall consist of moneys
34appropriated to or deposited into the fund.
352. Moneys in the fund are appropriated to the department for
-1-1the purchase, maintenance, and replacement of opioid antagonist
2medication administered by first responders to persons
3experiencing an opioid-related overdose. The department is
4authorized to designate moneys in the fund for the purchase,
5maintenance, and replacement of opioid antagonist medication
6used by the department or other entities under this section.
73. First responders may contact the department for the
8procurement of opioid antagonist medication. The department
9shall keep a record of the distribution of moneys from the
10fund.
114. The fund may consist of available federal or state moneys
12available, as well as any available opioid lawsuit settlement
13moneys. Funds may be transferred between other state agencies
14and the fund as appropriate.
155. Notwithstanding section 8.33, moneys in the fund
16that remain unencumbered or unobligated at the close of
17a fiscal year shall not revert but shall remain available
18for expenditure for the purposes designated unless federal
19regulations otherwise require. Notwithstanding section 12C.7,
20subsection 2, interest or earnings on moneys in the fund shall
21be credited to the fund.
226. The department shall submit a report to the
23co-chairpersons and ranking members of the joint appropriations
24subcommittee on the justice system and to the legislative
25services agency on or before December 31 of each year which
26shall contain a list of deposits and expenditures from the fund
27for the prior fiscal year and the amount of carryover funds, if
28any, to be distributed in the next fiscal year.
297. For purposes of this section:
30a. “First responder” means an emergency medical care
31provider, a registered nurse staffing an authorized service
32program under section 147A.12, a physician assistant staffing
33an authorized service program under section 147A.13, a fire
34fighter, or a peace officer as defined in section 801.4 who is
35trained and authorized to administer an opioid antagonist.
-2- 1b. “Opioid antagonist” means the same as defined in section
2147A.1.
3c. “Opioid-related overdose” means the same as defined in
4section 147A.1.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill creates funds relating to the abatement of and
9response to opioid use.
10OPIOID SETTLEMENT FUND. The bill creates an opioid
11settlement fund. The state portion of any moneys paid to
12the state as a result of a national settlement of litigation
13with entities that manufactured, marketed, sold, distributed,
14dispensed, or promoted opioids, made in connection with
15claims arising from the manufacturing, marketing, selling,
16distributing, dispensing, or promoting of opioids, are required
17to be deposited in the fund. This does not apply to such moneys
18paid to the state that are earmarked for or otherwise required
19to be transferred or distributed to counties, cities, or other
20local governmental entities. Moneys in the fund can only be
21used pursuant to appropriations from the fund by the general
22assembly for purposes of abating the opioid crisis in Iowa.
23OPIOID ANTAGONIST MEDICATION FUND. The bill provides that
24an opioid antagonist medication fund for first responders is
25created within the state treasury under the control of the
26department of public health (department). The fund shall
27consist of moneys appropriated to or deposited in the fund
28and may include available federal or state moneys, as well
29as any available opioid lawsuit settlement moneys. Funds
30may be transferred between other state agencies and the fund
31as appropriate. Moneys in the fund are appropriated to the
32department for the purchase, maintenance, and replacement
33of opioid antagonist medication to be administered by first
34responders to persons experiencing an opioid-related overdose.
35Moneys in the fund may be designated for the purchase,
-3-1maintenance, and replacement of opioid antagonist medication.
2First responders may contact the department for the procurement
3of opioid antagonist medication and the department shall keep a
4record of the distribution of moneys from the fund.
5The bill provides that moneys in the fund that remain
6unencumbered or unobligated at the close of a fiscal year shall
7not revert but shall remain available for expenditure, unless
8federal regulations otherwise require, and interest or earnings
9on moneys in the fund shall be credited to the fund.
10The bill provides that the department shall submit a report
11to the co-chairpersons and ranking members of the joint
12appropriations subcommittee on the justice system and to the
13legislative services agency on or before December 31 of each
14year which shall contain a list of deposits and expenditures
15from the fund for the prior fiscal year and the amount of
16carryover funds, if any, to be distributed in the next fiscal
17year.
18The bill provides definitions.
-4-as/rh
2to opioid use.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 12.51 Opioid settlement fund.
21. An opioid settlement fund is created in the office of
3the treasurer of state. The fund shall be separate from the
4general fund of the state and the balance in the fund shall not
5be considered part of the balance of the general fund of the
6state. The state portion of any moneys paid to the state as
7a result of a national settlement of litigation with entities
8that manufactured, marketed, sold, distributed, dispensed,
9or promoted opioids, made in connection with claims arising
10from the manufacturing, marketing, selling, distributing,
11dispensing, or promoting of opioids, shall be deposited in the
12fund. This subsection does not apply to such moneys paid to
13the state that are earmarked for or otherwise required to be
14transferred or distributed to counties, cities, or other local
15governmental entities.
162. Moneys in the fund shall not be transferred, used,
17obligated, appropriated, or otherwise encumbered except as
18provided in this section. Moneys in the fund shall only be
19used pursuant to appropriations from the fund by the general
20assembly for purposes of abating the opioid crisis in this
21state, which may include but are not limited to the purposes
22specified in section 135.190A for moneys in the opioid
23antagonist medication fund.
243. Notwithstanding section 8.33, moneys in the fund
25that remain unencumbered or unobligated at the close of a
26fiscal year shall not revert. Notwithstanding section 12C.7,
27subsection 2, interest or earnings on moneys in the fund shall
28be credited to the fund.
29 Sec. 2. NEW SECTION. 135.190A Opioid antagonist medication
30fund.
311. An opioid antagonist medication fund for first
32responders is created within the state treasury under the
33control of the department. The fund shall consist of moneys
34appropriated to or deposited into the fund.
352. Moneys in the fund are appropriated to the department for
-1-1the purchase, maintenance, and replacement of opioid antagonist
2medication administered by first responders to persons
3experiencing an opioid-related overdose. The department is
4authorized to designate moneys in the fund for the purchase,
5maintenance, and replacement of opioid antagonist medication
6used by the department or other entities under this section.
73. First responders may contact the department for the
8procurement of opioid antagonist medication. The department
9shall keep a record of the distribution of moneys from the
10fund.
114. The fund may consist of available federal or state moneys
12available, as well as any available opioid lawsuit settlement
13moneys. Funds may be transferred between other state agencies
14and the fund as appropriate.
155. Notwithstanding section 8.33, moneys in the fund
16that remain unencumbered or unobligated at the close of
17a fiscal year shall not revert but shall remain available
18for expenditure for the purposes designated unless federal
19regulations otherwise require. Notwithstanding section 12C.7,
20subsection 2, interest or earnings on moneys in the fund shall
21be credited to the fund.
226. The department shall submit a report to the
23co-chairpersons and ranking members of the joint appropriations
24subcommittee on the justice system and to the legislative
25services agency on or before December 31 of each year which
26shall contain a list of deposits and expenditures from the fund
27for the prior fiscal year and the amount of carryover funds, if
28any, to be distributed in the next fiscal year.
297. For purposes of this section:
30a. “First responder” means an emergency medical care
31provider, a registered nurse staffing an authorized service
32program under section 147A.12, a physician assistant staffing
33an authorized service program under section 147A.13, a fire
34fighter, or a peace officer as defined in section 801.4 who is
35trained and authorized to administer an opioid antagonist.
-2- 1b. “Opioid antagonist” means the same as defined in section
2147A.1.
3c. “Opioid-related overdose” means the same as defined in
4section 147A.1.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill creates funds relating to the abatement of and
9response to opioid use.
10OPIOID SETTLEMENT FUND. The bill creates an opioid
11settlement fund. The state portion of any moneys paid to
12the state as a result of a national settlement of litigation
13with entities that manufactured, marketed, sold, distributed,
14dispensed, or promoted opioids, made in connection with
15claims arising from the manufacturing, marketing, selling,
16distributing, dispensing, or promoting of opioids, are required
17to be deposited in the fund. This does not apply to such moneys
18paid to the state that are earmarked for or otherwise required
19to be transferred or distributed to counties, cities, or other
20local governmental entities. Moneys in the fund can only be
21used pursuant to appropriations from the fund by the general
22assembly for purposes of abating the opioid crisis in Iowa.
23OPIOID ANTAGONIST MEDICATION FUND. The bill provides that
24an opioid antagonist medication fund for first responders is
25created within the state treasury under the control of the
26department of public health (department). The fund shall
27consist of moneys appropriated to or deposited in the fund
28and may include available federal or state moneys, as well
29as any available opioid lawsuit settlement moneys. Funds
30may be transferred between other state agencies and the fund
31as appropriate. Moneys in the fund are appropriated to the
32department for the purchase, maintenance, and replacement
33of opioid antagonist medication to be administered by first
34responders to persons experiencing an opioid-related overdose.
35Moneys in the fund may be designated for the purchase,
-3-1maintenance, and replacement of opioid antagonist medication.
2First responders may contact the department for the procurement
3of opioid antagonist medication and the department shall keep a
4record of the distribution of moneys from the fund.
5The bill provides that moneys in the fund that remain
6unencumbered or unobligated at the close of a fiscal year shall
7not revert but shall remain available for expenditure, unless
8federal regulations otherwise require, and interest or earnings
9on moneys in the fund shall be credited to the fund.
10The bill provides that the department shall submit a report
11to the co-chairpersons and ranking members of the joint
12appropriations subcommittee on the justice system and to the
13legislative services agency on or before December 31 of each
14year which shall contain a list of deposits and expenditures
15from the fund for the prior fiscal year and the amount of
16carryover funds, if any, to be distributed in the next fiscal
17year.
18The bill provides definitions.
-4-as/rh