10-13B-2. Definitions.

As used in this chapter, the term:

“Governmental entity” means:#

1. (A)

   This state and each of its departments, agencies, divisions, boards, commissions, authorities, and instrumentalities; and#

2. (B)

   A political subdivision or creation of this state, including a county, municipality, special district, county and independent school systems, community service board, authority, any county or state officeholder, and any other public officeholder or public entity that has asserted or could assert a claim for damages as a result of the manufacture, marketing, sale, dispensing, or distribution of opioids.#

“Released claim” means a claim by a governmental entity that has been or could have been released under a state-wide opioid settlement agreement.#

“Released entity” means an entity against which a claim has been released under a state-wide opioid settlement agreement.#

“State-wide opioid settlement agreement” means any settlement agreement and related documents that:#

1. (A)

   Are entered into by this state through the Attorney General with opioid manufacturers, distributors, retailers, labelers, marketers, pharmacies, or other entities concerning the use or prescription of opioid products;#

2. (B)

   Relate to illegal or tortious conduct in the manufacturing, marketing, promotion, sale, distribution, or dispensing of opioids;#

3. (C)

   Are entered into by the State on or after March 31, 2021;#

4. (D)

   Provide a mechanism which permits governmental entities to join into such settlement agreement; and#

5. (E)

   Are the subject of a memorandum of understanding or similar agreement entered into by both the Attorney General and at least 65 percent of the governmental entities which have active and pending litigation against one or more released entities identified in the settlement agreement as of the date when governmental entities are first permitted to join such settlement agreement.#