Has the state established an advisory body for settlement funds?
Yes. The Kentucky Opioid Abatement Advisory Commission (KYOAAC) was created by state law.[1] The KYOAAC is responsible for awarding funds from the 50% Commonwealth share.[2]
In addition to its grantmaking role,[3] the KYOAAC is empowered to develop spending priorities,[4] work with state agencies and other stakeholders to develop project metrics,[5] recommend state or local policy changes,[6] and create regulations to carry out its duties.[7]
The KYOAAC has formed specialized subcommittees, including a Treatment and Recovery Subcommittee, as well as a Prevention, Reform, and Compliance Subcommittee.[8]
The KYOAAC is required to meet at least twice each calendar year,[9] though in practice it has met more frequently,[10] and its meetings must be conducted in accordance with Kentucky’s Open Meetings Law.[11]
Is the state advisory body required to include member(s) with lived and/or living experience?
Not necessarily. One appointee of the KYOAAC must represent “victims of the opioid crisis,”[12] but the law does not say that person must themselves have lived and/or living experience. A list of KYOAAC members may be found here.
What is the overall membership of the state advisory body?
The composition of KYOAAC’s nine (9) voting and two (2) non-voting members is defined by state law to include:[13]
State Attorney General or their designee, who serves as chair[14]
State Treasurer or their designee[15]
Secretary of the Cabinet for Health and Family Services (CHFS) or their designee[16]
Member appointed by the University of Kentucky from its HEALing Communities Study team[17]
Member appointed by the state Attorney General representing “victims of the opioid crisis”[18]
Member appointed by the state Attorney General representing “the drug treatment and prevention community”[19]
Member appointed by the state Attorney General representing law enforcement[20]
Two (2) citizens at large appointed by the state Attorney General[21]
Two (2) non-voting members appointed by the Speaker of the Kentucky House of Representatives and President of the Kentucky Senate, respectively[22]
KYOAAC members’ terms are served concurrently with their respective offices (state Attorney General, Treasurer, and CHFS Secretary, or their designees), staggered two-year terms (the remaining six voting members), or at the pleasure of their appointing authorities (non-voting legislative appointees).[23] Current KYOAAC members are listed here.
Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?
No (up to each locality). Local governments in Kentucky are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.
What else should I know?
The Kentucky Attorney General (AG) exercises a notable level of influence over the KYOAAC’s composition. In addition to serving as a voting Chair, the AG appoints five of the remaining eight voting members.[24]
Citations
Ky. Rev. Stat. Sec. 15.291(1). ↑
Ky. Rev. Stat. Secs. 15.291(5). ↑
See KYOAAC Grant Portal and Real Dollars for Real Recovery grants map. ↑
Ky. Rev. Stat. Sec. 15.291(6)(b). ↑
Ky. Rev. Stat. Sec. 15.291(6)(c). ↑
Ky. Rev. Stat. Sec. 15.291(6)(d). ↑
Ky. Rev. Stat. Sec. 15.291(7)(b). ↑
See various subcommittee minutes here. ↑
Ky. Rev. Stat. Sec. 15.291(4)(b). ↑
See, e.g., Kentucky Opioid Abatement Advisory Commission (“2024 Meeting Schedule”). Kentucky Attorney General website. Accessed September 1, 2024. ↑
Ky. Rev. Stat. Sec. 15.291(4)(a). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(5). ↑
Ky. Rev. Stat. Secs. 15.291(2)(a)-(b). See also Attorney General Coleman Announces Appointments to Opioid Commission. Kentucky Attorney General press release. July 2, 2024. Accessed September 1, 2024 (“The Commission is comprised of nine voting and two non-voting members including stakeholders from the prevention and treatment community, law enforcement and victims of the drug crisis”). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(1). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(2). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(3). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(4). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(5). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(6). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(7). ↑
Ky. Rev. Stat. Sec. 15.291(2)(a)(8). ↑
Ky. Rev. Stat. Secs. 15.291(2)(b)(1)-(2). ↑
Ky. Rev. Stat. Secs. 15.291(3)(a)-(b), (2)(b). ↑
Ky. Rev. Stat. Secs. 15.291(3)(a)(1), (5)-(8). ↑
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