75-777. Same; disposition of recoveries from opioid litigation; Kansas fights addiction fund and municipalities fight addiction fund created. (a) Notwithstanding any other provision of law to the contrary, the attorney general shall remit to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto, all moneys that are received by the state pursuant to opioid litigation in which the attorney general is involved that is dedicated by the terms of such litigation for the abatement or remediation of substance abuse or addiction. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount into the state treasury. The state treasurer shall credit 75% of each such deposit to the Kansas fights addiction fund and 25% of each such deposit to the municipalities fight addiction fund.
(b) There is hereby established in the state treasury the Kansas fights addiction fund, and such fund shall be administered by the attorney general. Except as provided in subsection (c), moneys in the Kansas fights addiction fund shall be expended subject to any agreement authorized under K.S.A. 2021 Supp. 75-778(d), and amendments thereto, for grants approved by the Kansas fights addiction grant review board created by K.S.A. 2021 Supp. 75-778, and amendments thereto, to qualified applicants for projects and activities that prevent, reduce, treat or mitigate the effects of substance abuse and addiction. Any such expenditure for a grant shall not be used to supplant any other source of funding. No moneys shall be expended from the Kansas fights addiction fund for the payment of litigation costs, expenses or attorney fees related to opioid litigation.
(c) On July 1 of each year, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer $200,000 from the Kansas fights addiction fund to the prescription monitoring program fund established by K.S.A. 2021 Supp. 65-1694a, and amendments thereto. For any fiscal year, if there are insufficient unencumbered moneys in the Kansas fights addiction fund to make such transfer, no transfer shall be made under this subsection for such fiscal year.
(d) (1) There is hereby established in the state treasury the municipalities fight addiction fund, and such fund shall be administered by the attorney general to disburse funds to municipalities. Moneys in the municipalities fight addiction fund shall be expended subject to an agreement between the attorney general, the Kansas association of counties and the league of Kansas municipalities for projects and activities that prevent, reduce, treat or mitigate the effects of substance abuse and addiction or to reimburse the municipality for previous expenses related to substance abuse mitigation or arising from covered conduct. Moneys may also be used to reimburse municipalities for the payment of litigation costs, expenses or attorney fees related to opioid litigation, except that a municipality shall first seek payment from applicable outside settlement sources or settlement fee funds prior to seeking payment from the municipalities fight addiction fund.
(2) An agreement between the attorney general, the Kansas association of counties and the league of Kansas municipalities shall determine the method for disbursing moneys from the fund, and such moneys shall be disbursed to municipalities that have not filed opioid litigation and municipalities that have filed opioid litigation and have entered into an agreement with the attorney general prior to January 1, 2022, that releases the municipality's legal claims arising from covered conduct to the attorney general and assigns any future legal claims arising from covered conduct to the attorney general.
(e) All expenditures from the Kansas fights addiction fund and the municipalities fight addiction fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports pursuant to vouchers approved by the attorney general or the attorney general's designee.
History: L. 2021, ch. 110, ยง 3; May 27.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
75-702 Duties and responsibilities; authority to prosecute and defend.
75-703 Prosecution on official bonds or contracts; civil and criminal actions.
75-704 Aid to county attorneys; opinions.
75-704a Opinions; filing requirements; headings; synopsis.
75-705 Drafts for contracts, forms and writings; reports to legislature.
75-705a State board of education defined.
75-706 Payments of moneys into treasury.
75-708 Performance of other duties required by law.
75-709 Accounting for fees and moneys.
75-710 Assistants and employees; powers and duties.
75-711 Kansas bureau of investigation; establishment; director and other personnel.
75-712c Same; reports of missing persons; duties of law enforcement agencies.
75-712d Same; missing and unidentified person information clearinghouse.
75-712e Purchase of insurance for aircraft owned by Kansas bureau of investigation authorized.
75-712f Report of missing person required, when; notice of person's return.
75-716 Authorized uses of moneys in attorney general's antitrust special revenue fund.
75-721 Statewide drug abuse resistance education (D.A.R.E.) coordinator; duties.
75-722 Kansas bureau of investigation; consultation concerning drug trends; report to legislature.
75-724 DNA database fee; DNA database fee fund; expenditures.
75-725 Medicaid fraud and abuse division in the office of the attorney general.
75-726 Access to records by the attorney general.
75-727 Payment of reward for persons providing certain information.
75-752 Authorizing transfers between certain funds of the attorney general.
75-753 Complaints regarding Kansas open records act and Kansas open meetings act; duties.
75-754 Kansas silver alert plan; purpose and procedure.
75-756 Authorizing coordination of training regarding human trafficking.
75-757 Human trafficking advisory board.
75-758 Human trafficking victim assistance fund established; expenditures.
75-760 Attorney general's open government fund; distribution.
75-761 Training programs established by attorney general; open meetings act; open records act.
75-762 Rules and regulations to implement provisions of the open records act and open meetings act.
75-763 Rules and regulations for skill development training for school misconduct.
75-765 Fraud and abuse criminal prosecution fund; deposits and expenditures.
75-766 Public policy concerning prosecuting attorneys; authorizing certain agreements.
75-768 Postconviction case briefs required to be served on and approved by attorney general.
75-769 Legal representation charges to state agencies for legal services.
75-772 Kansas youth suicide prevention coordinator; duties.
75-773 Crime victims compensation division in the office of the attorney general.
75-775 Kansas fights addiction act; citation of act.
75-779 Same; responsibility for costs, expenses and attorney fees arising from opioid litigation.
75-781 Same; Kansas fights addiction grant review board report on activities.