SB273 SFA Baldwin 2-14 #1

Baker 7816


Senator Baldwin moved to amend the bill on page twenty-eight, after section nine, by inserting a new section, designated section ten, to read as follows:

§16-54-10. Opioid Crisis Recovery Fine.

(a) Effective January 1, 2019, in order to continue to operate in this state, every opioid manufacturer or wholesaler that manufactured opioids for distribution or distributed opioids in this state between 2007 and 2017, inclusive, and all related and successor businesses shall register with the office and disclose to the office the number of opioid dosages the entity manufactured for distribution in this state or distributed in this state between 2007 and 2017, inclusive. The office shall calculate the total amount of dosages and then calculate the percentage of the total attributable to each entity. That percentage is known, for purposes of this section, as the entity’s Opioid Crisis Participation Percentage.

(b) The office shall take all reasonable measures to confirm that the disclosure required by this section is accurate. In the event that the disclosure is inaccurate, the office may institute a civil action in the Circuit Court of Kanawha County and, if proven by a preponderance of the evidence that the disclosure was inaccurate, the entity shall pay a civil penalty in an amount equal to $1,000 for every opioid dosage that was not accurately disclosed.

(c) A registered business and all related and successor businesses shall pay a quarterly fine in order to continue to conduct business in this state. The quarterly fine shall be calculated by the office by assessing one cent per milligram per opiod prescribed in the state and per medication prescribed in the state for the treatment of opioid addiction during the quarter. The total quarterly fine shall be assessed by splitting the total among the registered businesses based on their Opioid Crisis Participation Percentage. The fine shall be paid to the office at the end of each quarter for the amount due from the previous quarter.

(d) Any business and all related or successor businesses that are required by this section to register and fail to do so are guilty of a felony and, upon conviction thereof, shall be fined no less than $1 million and no more than $100 million.

(e) All fines and penalties collected under the provisions of this section shall be deposited in the Ryan Brown Addiction Prevention and Recovery Fund, created in §16-53-2 of this code, and the funds shall be used in the manner required by that section.

(f) The provisions of this section shall have no force or effect on and after January 1, 2039.