SB3475 102ND GENERAL ASSEMBLY

LRB102 25255 RJF 34528 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3475

Introduced 1/19/2022, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.970 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.

A BILL FOR

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 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.

(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 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, 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:

"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 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 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 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 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

(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 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 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 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 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 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 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 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 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 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 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;

(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 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. 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 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 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;

(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 5.970 as follows:

(30 ILCS 105/5.970 new)

Sec. 5.970. The Opioid Litigation Proceeds Fund.