51-9-801.  Opioid Litigation Proceeds Restricted Account.

(1)  There is created within the General Fund a restricted account known as the Opioid Litigation Proceeds Restricted Account.

Terms Used In Utah Code 51-9-801

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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.

Amended by Chapter 319, 2023 General Session