Mississippi Opioid Settlement Fund Advisory Council; to amend provisions related to.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2726
(As Sent to Governor)

AN ACT TO AMEND SECTION 41-153-1, MISSISSIPPI CODE OF 1972, 1
TO DEFINE THE TERMS "SETTLEMENT FUNDS" AND "FUND"; TO PROVIDE THAT 2
THE LEGISLATURE MAY DETERMINE WHICH OF THE APPLICANTS FROM THE 3
LIST OF RECOMMENDED GRANT RECIPIENTS RECEIVED FROM THE MISSISSIPPI 4
OPIOID SETTLEMENT FUND ADVISORY COUNCIL SHALL RECEIVE SETTLEMENT 5
FUNDS AND THE AMOUNT EACH APPLICANT SHALL RECEIVE, IF ANY, BY 6
SEPARATE LINE ITEMS IN AN APPROPRIATION BILL; TO REQUIRE THE 7
ADVISORY COUNCIL, WHEN DEVELOPING PRIORITIES TO GUIDE THE 8
SELECTION OF GRANT RECIPIENTS, TO ALIGN WITH CERTAIN STRATEGY 9
PILLARS FOR ADDRESSING OPIOID USE DISORDER AND OVERDOSE; TO DIRECT 10
THE ADVISORY COUNCIL, BY AND THROUGH THE OFFICE OF THE ATTORNEY 11
GENERAL, TO SOLICIT AND ENTER INTO A CONTRACT WITH A QUALIFIED 12
THIRD PARTY TO CREATE AND ADMINISTER AN ONLINE PLATFORM FOR THE 13
SUBMISSION OF GRANT PROPOSALS, PROVIDE TECHNICAL ASSISTANCE TO 14
GRANT APPLICANTS IN SUBMITTING SUCH PROPOSALS, PROVIDE AN INITIAL 15
INDEPENDENT ASSESSMENT AND EVALUATION, SCORING AND CATEGORIZATION 16
OF PROPOSALS USING STANDARDIZED CRITERIA, GRANT ADMINISTRATION AND 17
PROVIDE OUTCOME MONITORING, INCLUDING THE REVIEW OF QUARTERLY 18
REPORTS AND OTHER NECESSARY DATA, AND THE REPORTING OF SUCH DATA 19
TO THE ADVISORY COUNCIL AND TO THE PUBLIC ON THE ATTORNEY 20
GENERAL'S WEBSITE; TO PROHIBIT A MEMBER OF THE ADVISORY COUNCIL 21
FROM, DIRECTLY OR INDIRECTLY, INFLUENCING, SEEKING TO INFLUENCE, 22
VOTING ON, OR PARTICIPATING IN THE RECOMMENDATION OF GRANT 23
RECIPIENTS OR THE RECOMMENDATION TO ALLOCATE FUNDS FOR THE BENEFIT 24
OF ANY ORGANIZATION WITH WHICH THE MEMBER HAS AN AFFILIATION; TO 25
REQUIRE A MEMBER OF THE ADVISORY COUNCIL TO RECUSE ON SUCH 26
MATTERS; TO CONFORM THE QUORUM REQUIREMENT OF THE ADVISORY 27
COUNCIL; TO REVISE THE REPORTING REQUIREMENTS RELATED TO 28
SETTLEMENT FUNDS; TO REENACT SECTION 27-103-305, MISSISSIPPI CODE 29
OF 1972, WHICH AUTHORIZES THE OPIOID SETTLEMENT FUND; TO DIRECT 30
THE TRANSFER OF CERTAIN FUNDS INTO THE OPIOID SETTLEMENT FUND; AND 31
FOR RELATED PURPOSES. 32
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 33
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SECTION 1. Section 41-153-1, Mississippi Code of 1972, is 34
amended as follows: 35
41-153-1. (1) As used in this section, Section 27-103-305 36
and Section 27-103-305.1, the following terms shall have the 37
meanings as defined in this subsection unless the context clearly 38
requires otherwise: 39
(a) "Council" means the Mississippi Opioid Settlement 40
Fund Advisory Council created in subsection (2) of this section. 41
(b) "Opioid settlements" means the current and future 42
settlements of opioid litigation with distributors Cardinal 43
Health, McKesson and AmerisourceBergen, manufacturers Purdue 44
Pharma, Inc., Janssen Pharmaceuticals/Johnson & Johnson, Allergan 45
and Teva, and pharmacy chains CVS, Walgreens, Walmart, and Kroger, 46
and other defendants of related opioid litigation. 47
(c) "Abatement settlement funds" means those monies 48
from the opioid settlements that are required to be spent on 49
opioid abatement programs, goods and services. 50
(d) "Nonabatement settlement funds" means those monies 51
from the opioid settlements that are not required to be spent on 52
opioid abatement programs, goods and services. 53
(e) "Settlement funds" means both abatement settlement 54
funds and nonabatement settlement funds. 55
(f) When used as a singular noun, the term "fund" means 56
the Opioid Settlement Fund created in Section 27-103-305. 57
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(2) There is created the Mississippi Opioid Settlement Fund 58
Advisory Council to ensure that monies received and deposited into 59
the * * * fund are allocated and spent in accordance with the 60
terms of the opioid settlements, except as otherwise authorized in 61
Section 27-103-305(4), and to ensure public involvement, 62
accountability and transparency in allocating and accounting for 63
the monies in the fund. 64
(3) The purpose of the council is to review applications for 65
grants funded by the proceeds of opioid settlements and to make 66
recommendations to the Legislature for the appropriation of such 67
proceeds to fund the grants. 68
(4) The Legislature may accept or reject each of the 69
council's grant recipient recommendations * * * and may determine 70
which of the * * * applicants shall receive settlement funds and 71
the amount each applicant shall receive, if any, by separate line 72
items in an appropriation bill. The council shall not exclude any 73
qualified applicant from the list provided to the Legislature 74
under subsection (11) of this section. 75
(5) The council shall consist of the following voting 76
members: 77
(a) The Attorney General or a designee, who shall serve 78
as chair of the council; 79
(b) The State Health Officer or a designee, who shall 80
serve as co-vice chair of the council; 81
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(c) The Executive Director of the State Department of 82
Mental Health or a designee, who shall serve as co-vice chair of 83
the council; 84
(d) Two (2) members appointed by the Governor; 85
(e) Two (2) members appointed by the Lieutenant 86
Governor who are not members of the Legislature; 87
(f) Two (2) members appointed by the Speaker of the 88
House of Representatives who are not members of the Legislature; 89
(g) A member appointed by the Chief Justice of the 90
Mississippi Supreme Court; 91
(h) A member to be appointed by the State 92
Superintendent of Public Education; 93
(i) A member of the Mississippi Municipal League to be 94
appointed by the President of the League; 95
(j) A member of the Mississippi Association of 96
Supervisors to be appointed by the President of the Association; 97
(k) A member of the Mississippi Association of Chiefs 98
of Police to be appointed by the President of the Association; and 99
(l) A member of the Mississippi Sheriffs' Association 100
to be appointed by the President of the Association. 101
(6) The following shall be nonvoting, advisory members of 102
the council: 103
(a) A member of the Mississippi Prosecutors Association 104
to be appointed by the President of the Association; 105
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(b) A member of the Office of State Public Defender 106
appointed by the State Public Defender; 107
(c) Three (3) judges with experience related to opioid 108
substance abuse and intervention to be appointed by the Chief 109
Justice of the Mississippi Supreme Court; 110
(d) A member representing the Mississippi Division of 111
Medicaid to be appointed by the Executive Director of the 112
Division; 113
(e) A member representing the Mississippi Department of 114
Human Services to be appointed by the Executive Director of the 115
Department; 116
(f) A member to be appointed by the Commissioner of the 117
Department of Public Safety; 118
(g) A member to be appointed by the Commissioner of 119
Child Protection Services; 120
(h) A member of the Mississippi State Medical 121
Association to be appointed by the President of the Association; 122
(i) A member of the Mississippi Society of Addiction 123
Medicine to be appointed by the President of the Society; 124
(j) A member representing the Community Mental Health 125
Centers to be appointed by the Executive Director of the State 126
Department of Mental Health; 127
(k) A member representing the Community Health Centers 128
to be appointed by the State Health Officer; 129
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(l) A member representing private sector substance 130
abuse treatment facilities to be appointed by the State Health 131
Officer; 132
(m) A member representing a peer support recovery 133
specialist organization to be appointed by the Executive Director 134
of the State Department of Mental Health; 135
(n) The Medical Director of the State Department of 136
Mental Health or a designee; 137
(o) A member from the State Intervention Courts 138
Advisory Committee to be appointed by the Chief Justice of the 139
Mississippi Supreme Court; 140
(p) A member representing the Mississippi Ambulance 141
Alliance to be appointed by the Board of the Alliance; 142
(q) Two (2) members of the Senate to be appointed by 143
the Lieutenant Governor; and 144
(r) Two (2) members of the House to be appointed by the 145
Speaker of the House. 146
(7) Voting members may request to add additional nonvoting, 147
advisory members with expertise in opioid prevention, treatment 148
and recovery. Such members may be added by a majority vote of the 149
voting members. 150
(8) (a) Members of the council pursuant to subsection 151
(5)(a) through (c) of this section shall serve permanently during 152
their tenure in their respective offices. 153
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(b) Members appointed pursuant to subsection (5)(d) 154
through (f) of this section shall serve an initial term ending on 155
December 31, 2027. After the expiration of the initial term, each 156
such appointment shall be for a term of four (4) years from the 157
expiration date of the previous term. 158
(c) All other members of the council shall serve for a 159
three-year term. 160
(d) The respective appointing authority may remove a 161
member for failure to attend at least one-half (1/2) of the 162
scheduled meetings in any one-year period or for other good cause. 163
(e) If a vacancy on the council occurs, the respective 164
appointing authority shall fill the vacancy for the remainder of 165
the unexpired term. Notwithstanding the expiration of a member's 166
term, each member shall serve until a successor is duly appointed. 167
(f) Members of the council shall be appointed within 168
sixty (60) days after effective date of this act. The chair of 169
the council shall call the first meeting of the council no later 170
than ninety (90) days after the effective date of this act. 171
(g) A majority of the voting members of the council 172
shall constitute a quorum. A voting member of the council who 173
recuses under subsection (17) of this section shall not be 174
considered for the purposes of quorum for the votes for which the 175
voting member of the council is recused. 176
(9) Members of the council shall serve without compensation 177
but may be reimbursed for actual and necessary expenses incurred 178
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in the performance of their duties, in accordance with Section 179
25-3-41. All such expenses shall be paid from the Opioid 180
Settlement Fund and not from the State General Fund. 181
(10) The council shall be housed within the Office of the 182
Attorney General. The Attorney General shall provide the staff 183
and facilities necessary to assist the council in the performance 184
of its duties. 185
(11) The council shall: 186
(a) Prepare and publish a list of priorities to guide 187
the selection of grant recipients at its first meeting of each 188
calendar year * * *. In developing these priorities, the council 189
shall align, to the greatest extent practicable and consistent 190
with state law and the opioid settlements, with the following 191
strategy pillars for addressing opioid use disorder and overdose: 192
(i) Prevention and early intervention; 193
(ii) Treatment and recovery access; 194
(iii) Accountability and transparency; 195
(iv) Community-based solutions; 196
(v) Reducing overdose and harm; 197
(vi) Enforcement; 198
(vii) Workforce and integration; and 199
(viii) Data-driven policy; 200
(b) Develop and publish criteria and procedures for the 201
submission of grant applications for funds derived from opioid 202
settlements; 203
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(c) Review and evaluate applications based on 204
established criteria to determine the most effective and impactful 205
use of funds in addressing opioid-related issues, including 206
prevention, treatment and recovery efforts; 207
(d) Ensure that all applications are reviewed and 208
evaluated for compliance with the terms of the opioid settlement 209
agreements; 210
(e) Prepare a prioritized list of recommended grant 211
recipients, which includes a description of how each recommended 212
recipient complies with the council's published priorities; and 213
(f) Upon approval of the total list of recommended 214
grant recipients by the council, submit the list of recommended 215
grant recipients * * * to the Lieutenant Governor, Speaker of the 216
House, Chairs of the Senate and House Appropriations Committees, 217
Chairs of the Senate Public Health and Welfare and House Public 218
Health and Human Services Committees, and Chairs of the Senate and 219
House Judiciary A Committees no later than thirty (30) days before 220
the first day of the Regular Legislative Session. 221
(12) The council shall not exclude any qualified applicant 222
from the list provided to the Legislature under subsection (11) of 223
this section. 224
(13) The council shall ensure that all funds appropriated 225
comply with the terms and conditions of the respective settlement 226
agreements and state laws governing the use of such funds, except 227
as otherwise authorized in Section 27-103-305(4). 228
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(14) The council shall adopt necessary rules, regulations 229
and procedures to effectuate the purposes of this act and to 230
ensure that a grant applicant expends all grant funds in a manner 231
consistent with the terms of the opioid settlement agreements. 232
(15) (a) In advance of the 2026-2027 grant cycle, the 233
council, by and through the Office of the Attorney General, shall, 234
using nonabatement settlement funds as appropriated by the 235
Legislature and acting in compliance with state procurement laws, 236
solicit and enter into a contract with a qualified third party, on 237
behalf of the council, to provide the following services: 238
(i) Creation and administration of an online 239
platform for the submission of grant proposals; 240
(ii) Technical assistance to grant applicants in 241
submitting such proposals; 242
(iii) Initial independent assessment, scoring and 243
categorization of proposals using standardized criteria; 244
(iv) Grant administration for those line-item 245
appropriations in the Attorney General appropriation bill, 246
including compliance, payment requests, approval of disbursal of 247
funds, reporting and closeout; and 248
(v) Outcome monitoring, including the review of 249
quarterly reports and other necessary data, and the reporting of 250
such data to the council and to the public on the Attorney 251
General's website, with such data on the website being in the form 252
of a data dashboard. 253
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(b) The Office of the Attorney General shall complete 254
the solicitation process and enter into a contract with a 255
qualified third party in accordance with state procurement laws 256
not later than sixty (60) days after the effective date of this 257
act. 258
(c) Nothing in this subsection (15) shall be construed 259
as removing any authority of the council to make its annual 260
funding recommendations to the Legislature, or to limit the 261
authority of the Legislature to determine which applicants receive 262
settlement funds and the amount each applicant receives. 263
( * * *16) The council shall terminate when all * * * 264
settlement funds being paid pursuant to the opioid settlements 265
have been received and disbursed, unless the Attorney General 266
certifies that additional funds are anticipated within one (1) 267
year. 268
(17) A member of the council shall not, directly or 269
indirectly, influence, seek to influence, vote on, or participate 270
in the recommendation of grant recipients or the recommendation to 271
allocate funds for the benefit of any organization with which the 272
member has an affiliation. A member of the council shall recuse 273
from the discussion, ranking, or vote upon any such matter. 274
( * * *18) (a) By * * * November 1 of each year, the 275
council shall submit an annual report to the * * * Lieutenant 276
Governor, the Speaker of the House, the Chair of the Senate 277
Appropriations Committee, the Chair of the appropriate House 278
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Appropriations Committee, the Chair of the Senate Judiciary, 279
Division A Committee, the Chair of the House Judiciary A 280
Committee, the Legislative Budget Office, and the Governor 281
summarizing the distribution of funds, outcomes of funded 282
programs, and any recommendations for improving the process of 283
appropriation and administration of settlement funds. The report 284
shall also include, as of the date of the report: 285
(i) The total amount of settlement funds deposited 286
to the fund; 287
(ii) The balance of the fund; and 288
(iii) The amount of abatement and nonabatement 289
settlement funds available to be disbursed by the Legislature. 290
(b) The report shall be made publicly available on the 291
Attorney General's website. 292
(c) No later than forty-five (45) days after sine die 293
of any regular session or any extraordinary session of the 294
Legislature in which settlement funds are appropriated, the 295
Legislative Budget Office shall report, in summary, to the 296
Attorney General the amount of any abatement and nonabatement 297
settlement funds, if any, that were appropriated from the fund. 298
SECTION 2. Section 27-103-305, Mississippi Code of 1972, is 299
reenacted as follows: 300
27-103-305. (1) There is created in the State Treasury a 301
special fund to be known as the Opioid Settlement Fund. The fund 302
shall consist of the monies received by the Attorney General on 303
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behalf of the State of Mississippi from settlements of opioid 304
litigation with distributors Cardinal Health, McKesson and 305
AmerisourceBergen, manufacturers Purdue Pharma, Inc., Janssen 306
Pharmaceuticals/Johnson & Johnson, Allergan and Teva, and pharmacy 307
chains CVS, Walgreens, Walmart, and Kroger, and other defendants 308
of related opioid litigation. The Attorney General shall deposit 309
all of such monies into the fund after attorney fees and expenses 310
have been paid. 311
(2) Abatement settlement funds shall be disbursed upon 312
appropriation by the Legislature in accordance with the 313
requirements of Section 41-153-1. 314
(3) For abatement settlement funds, the Attorney General 315
shall oversee the expenditure of such monies to ensure compliance 316
with the opioid settlements. 317
(4) Nonabatement settlement funds shall be disbursed upon 318
appropriation by the Legislature without any recommendations by 319
the council regarding the use of those monies. 320
(5) Unexpended amounts remaining in the fund at the end of a 321
fiscal year shall not lapse into the State General Fund, and any 322
interest earned or investment earnings on amounts in the fund 323
shall be deposited into such fund. 324
SECTION 3. Upon the effective date of this act, the State 325
Fiscal Officer, in conjunction with the State Treasurer, shall 326
transfer the balance of the funds in Fund No. 3308900000 to the 327
new Opioid Settlement Fund created pursuant to the reenacted 328
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ST: Mississippi Opioid Settlement Fund Advisory
Council; to amend provisions related to.
Section 27-103-305. Upon completion of the transfer under this 329
section, the State Treasurer or the Attorney General shall close 330
Fund No. 3308900000. 331
SECTION 4. This act shall take effect and be in force from 332
and after its passage. 333