APPROVED CHAPTER
APRIL 25, 2022 661
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
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
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, recovery 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 Recovery 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
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
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immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
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 Regarding 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.
B. "Maine Recovery Fund" means the fund described by the memorandum of
understanding.
C. "Memorandum of understanding" means the Maine State Subdivision
Memorandum of Understanding and Agreement Regarding Use of Settlement Funds,
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 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 approved uses.
3. Membership. The council is composed of the 11 members 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
term.
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-I, sub-§93 is enacted to read:
93.
Attorney Maine Recovery Council Expenses Only 5 MRSA
General §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.
OTHER SPECIAL REVENUE FUNDS 2021-22 2022-23
All Other $500 $500
__________ __________
OTHER SPECIAL REVENUE FUNDS TOTAL $500 $500
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 Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text LD 1722, HP 1277: 5.203
Bill Text ACTPUB , Chapter 661: 5.203