This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB862-ASA1,4,2423 c. Identification of the amount of attorney fees payable as a result of the
24settlement.
AB862-ASA1,5,2
13. The joint committee on finance reviews the proposed settlement agreement
2as described in par. (b).
AB862-ASA1,5,153 (b) If the cochairpersons of the joint committee on finance do not notify the
4attorney general within 10 working days after the date of the submittal of the
5proposed settlement agreement under this subsection that the committee has
6scheduled a meeting for the purpose of reviewing the proposed settlement
7agreement, the attorney general is authorized to enter into the settlement
8agreement as proposed. If, within 10 working days after the date of the submittal
9of the proposed settlement agreement under this subsection, the cochairpersons of
10the committee notify the attorney general that the committee has scheduled a
11meeting for the purpose of reviewing the proposed settlement agreement, the
12attorney general is authorized to enter the proposed settlement agreement only upon
13approval by the committee. Notwithstanding s. 165.10, all proceeds under the
14proposed settlement agreement shall be paid to the corporation organized by the
15attorney general under sub. (2).
AB862-ASA1,5,24 16(2) No later than July 1, 2020, the attorney general shall organize a nonstock,
17nonprofit corporation under ch. 181 for the purposes of administering, receiving, and
18distributing all proceeds received from a settlement of any legal or equitable claims
19regarding opioids with any person or entity that engages in or has engaged in the
20manufacture, marketing, promotion, distribution, or dispensing of an opioid product,
21including any persons or entities named as defendants in the proceeding titled In re:
22National Prescription Opiate Litigation, Case No.: MDL 2804. As a condition of
23administering or receiving the proceeds of a settlement described under this
24subsection, the corporation shall meet all of the following criteria:
AB862-ASA1,5,2525 (a) The board of directors of the corporation is composed of all of the following:
AB862-ASA1,6,2
11. To represent the interests of the state, each of the following, or his or her
2designee:
AB862-ASA1,6,33 a. The attorney general.
AB862-ASA1,6,44 b. The majority leader of the senate.
AB862-ASA1,6,55 c. The minority leader of the senate.
AB862-ASA1,6,66 d. The governor.
AB862-ASA1,6,77 e. The speaker of the assembly.
AB862-ASA1,6,88 f. The minority leader of the assembly.
AB862-ASA1,6,109 2. To represent the interests of the department of health services, the state, and
10local governmental units, the secretary of health services, or his or her designee.
AB862-ASA1,6,1311 3. To represent the interests of the hospitals, the state, and local governmental
12units, a nominee of the president of the Wisconsin Hospital Association, and with
13advice and consent of the senate appointed, for a 3-year term.
AB862-ASA1,6,1614 4. To represent the interests of American Indian tribes or bands, a nominee of
15the board of directors of the Great Lakes Inter-Tribal Council, and with advice and
16consent of the senate appointed, for a 3-year term.
AB862-ASA1,6,1917 5. To represent the interests of the counties of this state, 4 individuals
18nominated by the executive director of the Wisconsin Counties Association, and with
19advice and consent of the senate appointed, for staggered 3-year terms.
AB862-ASA1,6,2320 6. To represent the interests of the populous counties of this state, 4 individuals
21whose nomination is agreed to unanimously by the Milwaukee County executive, the
22Dane County executive, and the Waukesha County executive, and with advice and
23consent of the senate appointed, for staggered 3-year terms.
AB862-ASA1,7,3
17. To represent the interests of the cities of this state, 2 individuals nominated
2by the executive director of the League of Wisconsin Municipalities, and with advice
3and consent of the senate appointed, for staggered 3-year terms.
AB862-ASA1,7,64 (b) 1. Any initial appointment and any vacancy in appointments under par. (a)
53. to 7. may be filled by provisional appointment by the nominating authority, subject
6to senate confirmation.
AB862-ASA1,7,87 2. Any individual appointed under par. (a) 3. to 7. shall continue in office until
8a successor is chosen and qualifies.
AB862-ASA1,7,109 (c) The corporation is subject to a financial audit by the legislative audit bureau
10under s. 13.94 (1) (dv).
AB862-ASA1,7,1611 (d) The moneys received by the corporation related to a settlement of legal or
12equitable claims regarding opioids with any person or entity that engages in or has
13engaged in the manufacture, marketing, promotion, distribution, or dispensing of an
14opioid product, including any persons or entities named as defendants in the
15proceeding titled In re: National Prescription Opiate Litigation, Case No.: MDL
162804, are allocated as follows after taking into consideration par. (e):
AB862-ASA1,7,1917 1. Fifteen percent of the moneys received by the corporation shall be allocated
18to the state. The corporation shall release these moneys to the department of health
19services upon application to the corporation by the department of health services.
AB862-ASA1,7,2120 2. Fifteen percent of the moneys received by the corporation shall be allocated
21to the counties as determined by agreement of the counties.
AB862-ASA1,7,2322 3. After taking into account subds. 1. and 2., the remaining proceeds shall be
23used in the manner determined by the board.
AB862-ASA1,8,224 (e) If attorney fees and costs have not been paid before the receipt of settlement
25proceeds under this subsection by the corporation, the board may consider an

1application for attorney fees and costs and may pay attorney fees and costs from the
2proceeds received by the corporation.
AB862-ASA1,8,63 (f) The articles of incorporation or bylaws of the corporation state that the
4corporation shall not have members and that a purpose of the corporation is to
5receive, invest, manage, and administer moneys for the purpose of abating the opioid
6epidemic.
AB862-ASA1,8,117 (g) Each board member shall serve as a fiduciary of the corporation, separate
8and distinct from any representational capacity of the entity or person nominating
9or appointing the board member. The board shall manage and invest moneys and
10conduct all matters of the corporation consistent with the responsibility as a
11fiduciary to the corporation.
AB862-ASA1,8,1412 (h) Any moneys determined by the board of the corporation to require
13investment may be delivered to the investment board to be invested by the
14investment board under s. 25.17 (1) (kq).
AB862-ASA1,8,1815 (i) The corporation complies with open meetings laws under subch. V of ch. 19
16as if the corporation is a governmental body, as defined in s. 19.82 (1), and complies
17with open records law under subch. II of ch. 19 as if the corporation is an authority,
18as defined in s. 19.32 (1).
AB862-ASA1,8,2319 (j) The corporation authorizes no expenditure of proceeds of opioid-related
20settlements unless the expenditure is in accordance with any applicable court order
21and the expenditure is either an actual and reasonable administrative expense or is
22included in a comprehensive abatement plan and is consistent with any of the
23following purposes:
AB862-ASA1,8,2524 1. Supporting clinical and evidence-based research and treatment efforts in
25this state to prevent and remedy opioid addiction.
AB862-ASA1,9,2
12. Supporting cost-effective opioid prevention and cessation programs,
2including programs that do any of the following:
AB862-ASA1,9,43 a. Improve access to medications that have been proven to prevent or reverse
4an opioid overdose and support recovery.
AB862-ASA1,9,55 b. Support peer support specialists.
AB862-ASA1,9,76 c. Support screening, brief intervention, and referral to treatment services in
7hospitals and correctional facilities.
AB862-ASA1,9,88 d. Support access to crisis beds and residential treatment services.
AB862-ASA1,9,109 e. Expand and establish mobile crisis response systems and crisis stabilization
10centers.
AB862-ASA1,9,1111 f. Enforce laws regarding opioid prescriptions and sales.
AB862-ASA1,9,1412 g. Build provider capacity for an integrated medical home model that
13coordinates substance abuse treatment between regional providers that provide
14ongoing care.
AB862-ASA1,9,1615 h. Generally mitigate the growing opioid crisis through treatment, harm
16reduction, education, training, and law enforcement.
AB862-ASA1,9,1817 i. Support access to foster care and child protective services for children and
18families dealing with opioid addiction.
AB862-ASA1,9,2119 j. Improve access to opioid use treatment for high-risk populations, including
20children and adolescents, pregnant women, and infants who have been exposed in
21utero to opioids.
AB862-ASA1,9,2322 k. Improve the public health of the citizens of this state by addressing issues
23arising as a result of past, present, and future use of opioid pain medications.
AB862-ASA1,9,2524 (k) Annually, the corporation submits to the attorney general, the
25cochairpersons of the joint committee on finance, and each county clerk a report

1describing the activities of the corporation, reporting any expenditures of the
2corporation, and reporting any outcomes achieved by the expenditure.
AB862-ASA1,10,4 3(3) Nothing in this section shall alter any local government's right to pursue,
4litigate, or resolve its claims.
AB862-ASA1,8 5Section 8. Nonstatutory provisions.
AB862-ASA1,10,86 (1) Notwithstanding s. 165.12 (2) (a) 5., the initial terms of the members under
7that subdivision shall be staggered so as to have one member's term expire in 2022,
8one member's term expire in 2023, and two members' terms expire in 2024.
AB862-ASA1,10,119 (2) Notwithstanding s. 165.12 (2) (a) 6., the initial terms of the members under
10that subdivision shall be staggered so as to have one member's term expire in 2022,
11one member's term expire in 2023, and two members' terms expire in 2024.
AB862-ASA1,10,1412 (3) Notwithstanding s. 165.12 (2) (a) 7., the initial terms of the members under
13that subdivision shall be staggered so as to have one member's term expire in 2023
14and one member's term expire in 2024.
Loading...
Loading...