An Act To Ensure Access to All Paths to Recovery for Persons Affected by Opioids Using Money Obtained through Litigation against Opioid Manufacturers
Maine Legislature, Session 130, LD 1722
Committee Amendment CA_A_H997 (House)
Amends: 5 MRSA §203-A, 5 MRSA §203-B, 5 MRSA §203-C, 5 MRSA §12004

COMMITTEE AMENDMENT "1k, to H.P. 1277, L.D. 1722, "An Act To Ensure 
Access to All Paths to Recovery for Persons Affected by Opioids Using Money Obtained 
through Litigation against Opioid Manufacturers" 
Amend the bill by striking out the emergency preamble and substituting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the substance use crisis, driven significantly by opioids, has killed 
thousands of Maine residents, including 505 individuals who died of drug overdoses in 
2020 and over 600 in 2021, and devastated families and communities across the State; and 
Whereas, addressing substance use disorder, overdoses and drug-related harms will 
require dedicating resources and directing opioid litigation proceeds to establish, sustain 
and expand substance use disorder abatement infrastructure, programs, services, supports 
and resources for prevention, treatment, recovety and harm reduction in Maine and 
represents a critically important step toward the work to be done; and 
Whereas, the State anticipates the imminent receipt of substantial payments based on 
lawsuits made against manufacturers and distributors of prescription opioid analgesics, 
pharmacies that dispensed prescription opioid analgesics and related parties for their 
alleged roles in contributing to the high rates of substance use disorder, drug overdoses and 
other drug-related harms; and 
Whereas, experience with the 1990s tobacco settlements suggests that, without firm 
commitment and planning, the opioid litigation proceeds may not be directed toward 
preventing and addressing substance use disorder, overdoses and drug-related harms; and 
Whereas, funds derived from settlement of or damages granted in these lawsuits are 
anticipated to begin being distributed this year, and the Maine Recove1y Council should be 
formed and resources provided as soon as possible so that the money received by the State 
as a result of lawsuits related to manufacturers and distributors of prescription opioid 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "ff' to H.P. 1277, L.D. 1722 
analgesics, pharmacies that dispensed prescription opioid analgesics and related parties is 
able to immediately be put to use to help remediate and abate the substance use crisis; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 5 MRSA §203-A, as enacted by PL 1991, c. 532, §1 and affected by §2, is 
amended to read: 
§203-A. Accounts established due to court orders or other settlements 
Unless specifically ordered by the court to do otherwise or for revenue or money 
received under section 203-B, the Attorney General shall work with the Treasurer of State 
to deposit any revenue or money received as a result of any court order, court settlement or 
other agreement into an other special revenue account of the State and all interest must be 
credited to the General Fund. When, pursuant to a court order or settlement, the Attorney 
General receives money that is specifically designated for antitrust enforcement or for 
enforcement of the Maine Unfair Trade Practices Act, the Attorney General is authorized 
to expend such funds for expert witness fees, copying of documents, transcripts and any 
other purpose in accordance with the court order. Any interest on such funds, unless 
otherwise ordered by the court, must be credited to the General Fund. The Attorney 
General shall provide an accounting of such funds to the Legislature in a form and as 
determined by the Office of Fiscal and Program Review. 
Sec. 2. 5 MRSA §203-B is enacted to read: 
§203-B. Funds received pursuant to court orders or other settlements of opioid crisis 
litigation 
Notwithstanding section 203-A and unless specifically ordered by the court to do 
otherwise, the Attorney General may work with the Treasurer of State to deposit identified 
revenue or money received as a result of any court order or other agreement resulting from 
litigation against, or any court settlement with, an opioid manufacturer, an opioid research 
association or any other person in the opioid industry relating to claims made by or 
prosecuted by the State into the Maine Recovery Fund described by the Maine State 
Subdivision Memorandum of Understanding and Agreement Regardbg Use of Settlement 
Funds, dated and signed on January 26, 2022, and including Schedule A, Core Strategies 
and Schedule B, Approved Uses for spending on approved uses as directed by the Maine 
Recovery Council as established in section 12004-I, subsection 93. 
Sec. 3. 5 MRSA §203-C is enacted to read: 
§203-C. Maine Recovery Council 
1. Definitions. As used in this section, unless the context indicates otherwise, the 
following terms have the following meanings. 
A. "Approved uses" means the substance use disorder abatement purposes defined as 
"Approved Uses" in the memorandum of understanding. 
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COMMITTEE AMENDMENT .. ff,, to H.P. 1277, L.D. 1722 
B. 
"Maine Recovery Fund" means the fund described by the memorandum of 
understanding. 
C. 
11Memorandum of understanding" means the Maine State Subdivision 
Memorandum of Understanding and Agreement Regarding Use of Settlement Funds, 
dated and signed on January 26, 2022, including Schedule A, Core Strategies and 
Schedule B, Approved Uses. 
2. 
Maine Recovery Council established. 
The Maine Recovery Council, as 
established in section 12004-I, subsection 93 and referred to in this section as "the council," 
shall direct the disbursement of funds within the Maine Recovery Fund for app_roved uses. 
3. Membership. The council is composed of the 11 mem~rs identified by the 
memorandum of understanding and of 4 additional voting members as follows: 
A. One member who is a medical professional with direct experience providing 
medication-assisted treatment, appointed by the President of the Senate: 
B. 
One member representing reentry services for incarcerated and formerly 
incarcerated individuals and their families, appointed by the President of the Senate: 
C. One member representing a nonprofit community-based provider of mental health 
treatment, appointed by the Speaker of the House: and 
D. One member representing the harm reduction community, appointed by the Speaker 
of the House. 
In making these appointments, the President of the Senate and the Speaker of the House 
shall endeavor to select individuals that reflect the racial, ethnic, gender and indigenous 
diversity of the State. 
4. Vacancy. In the event of a vacancy in the council membership, the vacancy must 
be filled in the manner of the original appointment for the remainder of the term. For the 
purposes of reappointment. any partial term filled after a vacancy must be considered a full 
tenn. 
5. Report, The Attorney General shall, by February 1st of each year, submit a report 
to the joint standing committee of the Legislature having jurisdiction over health and 
human services matters describing the activities of the council and the status of the Maine 
Recovery Fund and listing information on disbursements from the fund and information 
related to the outcomes of funded activities. 
Sec. 4. 5 MRSA §12004-1, sub-§93 is enacted to read: 
93. 
Attorney 
General 
Maine Recovery Council 
Expenses Only 
5MRSA 
§203-C 
Sec, 5. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Maine Recovery Fund N960 
Initiative: Provides a baseline allocation for disbursement of funds deposited from recently 
settled opioid litigation. 
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COMMITTEE AMENDMENT I(" to H.P. 1277, L.D. 1722 
OTHER SPECIAL REVENUE FUNDS 
All Other 
-
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
$500 
$500 
2022-23 
$500 
$500 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. The amendment provides that funds received from 
opioid litigation may be deposited into the account described by a memorandum of 
understanding between the Attorney General's office and local stakeholders to receive 
funding from recently settled litigation. The memorandum establishes the terms under 
which these funds may be spent. The amendment establishes the Maine Recovery Council 
to direct fund disbursement. The amendment requires the Attorney General to, by February 
1st of each year, submit a report to the joint standing committee of the Legislature having 
jurisdiction over health and human services matters describing the activities of the council 
and the status of the Maine Recovery Fund and listing information on fund disbursements 
and information related to the outcomes of funded activities. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/07 /22 ~ae 
LD 1722 
LR 1450(02) 
An Act To Ensure Access to All Paths to Recovery for Persons Affected by Opioids Using Money 
Obtained through Litigation against Opioid Manufacturers 
Fiscal Note for Bill as Amended by Committee Amendment ,ff,( {-/-q11) 
Committee: Health and Human Services 
Appropriations/ Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
$500 
$500 
Projections 
FY 2023-24 
$500 
Projections 
FY 2024-25 
$500 
The bill includes an Other Special Revenue Funds allocation of $500 per year beginning in fiscal year 2021-22 to the 
newly established Maine Recovery Fund program in the Department of the Attorney General to be used for the 
disbursement of funds deposited from recently settled opioid litigation. 
LR1450(02) - Fiscal Note - Page 1 of 1