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

(a) Effective January 1, 2019, every opioid manufacturer or wholesaler distributing opioids in this state who has previously or is currently selling opioids in this state shall report to the office the total amount of dosages it has distributed to each pharmacy in this state from the first day of January 2007 until the last day of December 2017. Once the office has collected a complete count of the number of opioids in the state sold during the 10-year time period, it shall then calculate the percentage of the total attributable to each entity. Once that percentage is established, for purposes of this section, it shall be deemed 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 $100.00 for every opioid dosage that was not accurately disclosed.

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

(d) Because of the loss of life that and addiction of thousands of West Virginia’s that occurred because of distribution of opioids in this state during the past ten year time period has cost the state thousands of lives through death and addiction, and billions of dollars in health, criminal justice and societal costs, the Legislature finds that the horrible result was because of the grossly negligent acts of every opioid manufacturer and wholesaler who distributed hundreds of millions of these pills in this state in the last 10 years, that every opioid pharmaceutical manufacturer or wholesaler that contributed to distributed opioids in this state may be guilty of gross negligence, and is guilty of a crime against our state, its people and humanity, and therefore is required to register with the Office, and failure to do so results in the every opioid manufacturer or wholesaler that was gross negligent being subject civil penalty and, upon conviction of such offense, shall be fined no less than $1 million and no more than $100 million.

(e) Notwithstanding any other code provision to the contrary, all assessments and fines 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”