Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 155 Second Substitute (2023GS)

Sponsor

Sen. Plumb, J.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• designates the Office of Substance Use and Mental Health as the reporting entity for any settlement or other agreement that requires reporting on the use of opioid funds and describes the reporting requirements for governmental entities that receive opioid funds; and
• modifies the Opioid Litigation Proceeds Restricted Account.

Every vote on this bill

Bill text

LITIGATION PROCEED FUND AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: 
Raymond P. Ward
LONG TITLE
General Description:
This bill enacts requirements for the use of funds received from opioid litigation
proceeds.
Highlighted Provisions:
This bill:
▸ designates the Office of Substance Use and Mental Health as the reporting entity for
any settlement or other agreement that requires reporting on the use of opioid funds
and describes the reporting requirements for governmental entities that receive
opioid funds; and
▸ modifies the Opioid Litigation Proceeds Restricted Account.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
51-9-801
, as enacted by Laws of Utah 2020, Chapter 210
ENACTS:
26B-5-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-5-102
 is enacted to read:
 26B-5-102.
Administration of opioid litigation proceeds -- Requirements for
governmental entities receiving opioid funds -- Reporting.
(1) As used in this section:
(a) "Office" means the Office of Substance Use and Mental Health within the
department.
(b) "Opioid funds" means money received by the state or a political subdivision of the
state as a result of any judgment, settlement, or compromise of claims pertaining to alleged
violations of law related to the manufacture, marketing, distribution, or sale of opioids.
(c) "Restricted account" means the Opioid Litigation Proceeds Restricted Account
created in Section 
51-9-801
.
(2) Opioid funds may not be used to:
(a) reimburse expenditures that were incurred before the opioid funds were received by
the governmental entity; or
(b) supplant or take the place of any funds that would otherwise have been expended
for that purpose.
(3) The office shall serve as the reporting entity to receive, compile, and submit any
reports related to opioid funds that are required by law, contract, or other agreement.
(4) The requirement described in Subsection (5) applies to:
(a) a recipient of opioid funds from the restricted account, in any year that opioid funds
are received; and
(b) a political subdivision that received opioid funds.
(5) A person described in Subsection (4) shall provide an annual report to the office, in
a form and by a date established by the office, that includes:
(a) an accounting of all opioid funds that were received by the person in the year;
(b) the number of individuals served through programs funded by the opioid funds,
including the individuals' age, gender, and other demographic factors reported in a de-identified
manner;
(c) the measures that were used to determine whether the program funded by the opioid
funds achieved the intended outcomes; and
(d) if applicable, any information required to be submitted to the reporting entity under
applicable law, contract, or other agreement.
(6) Beginning October 1, 2023, and on or before October 1 of each year thereafter, the
office shall provide a written report that includes:
(a) the opening and closing balance of the restricted account for the previous fiscal
year;
(b) the name of and amount received by each recipient of funds from the restricted
account;
(c) a description of the intended use of each award, including the specific program,
service, or resource funded, population served, and measures that the recipient used or will use
to assess the impact of the award;
(d) a description of any finding or concern as to whether all opioid funds disbursed
from the restricted account violated the prohibitions in Subsection (2) and, if applicable,
complied with the requirements of a settlement agreement; and
(e) the performance indicators and progress toward improving outcomes and reducing
mortality and other harms related to substance use disorders.
(7) The office shall provide the information that is received, compiled, and submitted
under this section:
(a) to the Health and Human Services Interim Committee;
(b) to the Social Services Appropriations Subcommittee;
(c) if required under the terms of a settlement agreement under which opioid funds are
received, to the administrator of the settlement agreement in accordance with the terms of the
settlement agreement; and
(d) in a publicly accessible location on the department's website.
(8) The office may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this section.
Section 2. Section 
51-9-801
 is amended to read:
51-9-801.
Opioid Litigation Proceeds Restricted Account.
(1) There is created within the General Fund a restricted account known as the Opioid
Litigation [
Settlement
] 
Proceeds
 Restricted Account.
(2) The account consists of:
(a) any money deposited into the account in accordance with Subsection (3);
(b) interest earned on money in the account; and
(c) money appropriated to the account by the Legislature.
(3) Notwithstanding Sections 
13-2-8
 and 
76-10-3114
, after reimbursement to the
attorney general and the Department of Commerce for expenses related to the matters
described in Subsection (3)(a) or (b), the following shall be deposited into the account:
(a) all money received by the attorney general or the Department of Commerce as a
result of any judgment, settlement, or compromise of claims pertaining to alleged violations of
law related to the manufacture, marketing, distribution, or sale of opioids from a case
designated as an opioid case by the attorney general in a legal services contract; and
(b) all money received by the attorney general or the Department of Commerce as a
result of any multistate judgment, settlement, or compromise of claims pertaining to alleged
violations of law related to the manufacture, marketing, distribution, or sale of opioids.
(4) Subject to appropriation by the Legislature, money in the account shall be used:
(a) to address the effects of alleged violations of law related to the manufacture,
marketing, distribution, or sale of opioids; or
(b) if applicable, in accordance with the terms of a settlement agreement described in
Subsection (3)(a) or (b) entered into by the state.