Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 261 (2024GS)

Sponsor

Sen. Plumb, J.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a recipient of opioid settlement proceeds to report certain data regarding the recipient's use of the opioid settlement proceeds.

Every vote on this bill

Bill text

OPIOID SETTLEMENT PROCEEDS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: 
 Raymond P. Ward
LONG TITLE
General Description:
This bill addresses the Opioid Litigation Proceeds Restricted Account.
Highlighted Provisions:
This bill:
▸ requires a recipient of opioid settlement proceeds to report certain data regarding the
recipient's use of the opioid settlement proceeds.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-5-211
, as enacted by Laws of Utah 2023, Chapter 319
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-5-211
 is amended to read:
26B-5-211.
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[
.
]
; and
(e) the percentage of total funds received by the person in the year that the person used
to promote the items under Subsections (6)(d)(i) through (vi).
(6) [
Beginning October 1, 2023, and on or before October 1 of each year thereafter
] 
On
or before October 1 of each year
, 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) the amount of funds expended to address each of the following items and the
degree to which the department administered the program or subcontracted with a private
entity:
(i) treatment services;
(ii) recovery support services;
(iii) prevention;
(iv) criminal justice;
(v) harm reduction; and
(vi) expanding any of the following services:
(A) housing;
(B) legal support;
(C) education; and
(D) job training;
[
(d)
] 
(e)
 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)
] 
(f)
 the performance indicators and progress toward improving outcomes and
reducing mortality and other harms related to substance use disorders[
.
]
; and
(g) administrative costs including indirect rates and direct service costs.
(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. 
Effective date.
This bill takes effect on May 1, 2024.