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| Public Act 102-0085 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
adding Section 13-226 as follows: | ||||
(735 ILCS 5/13-226 new) | ||||
Sec. 13-226. Opioid litigation. | ||||
(a) Definitions. In this Section: | ||||
"National multistate opioid settlement" means any | ||||
agreement (i) to which the State and at least two other states | ||||
are parties and (ii) in which the State agrees to release | ||||
claims that it has brought or could have brought in an action | ||||
against an opioid defendant or has the claims released in a | ||||
final order entered by a court. "National multistate opioid | ||||
settlement" includes (i) any form of resolution reached in a | ||||
bankruptcy proceeding, provided that the Attorney General both | ||||
agrees to the specific terms of such resolution or agreement | ||||
in a bankruptcy proceeding and announces his or her agreement | ||||
in the record of such bankruptcy proceeding, or (ii) a final | ||||
order entered by the bankruptcy court. | ||||
"Opioid defendant" means (i) a defendant in opioid | ||||
litigation brought by the Attorney General, or (ii) a person | ||||
or entity engaged in the manufacturing, marketing, | ||||
distribution, prescription, dispensing, or other use of opioid | ||
medications. | ||
"Opioid litigation" means any civil litigation, demand, or | ||
settlement in lieu of litigation, alleging unlawful conduct in | ||
the manufacturing, marketing, distribution, prescription, | ||
dispensing, or other use of opioid medications. | ||
"Unit of local government" has the meaning provided in | ||
Article VII, Section 1 of the Illinois Constitution of 1970. | ||
(b) Release of claims. | ||
(1) On and after the effective date of this amendatory | ||
Act of the 102nd General Assembly, no unit of local | ||
government or school district may file or become a party | ||
to opioid litigation against an opioid defendant that is | ||
subject to a national multistate opioid settlement unless | ||
approved by the Attorney General. | ||
(2) If counties representing 60% of the population of | ||
the State, including all counties with a population of at | ||
least 250,000, have agreed to an intrastate allocation | ||
agreement with the Attorney General, then the Attorney | ||
General has the authority to appear or intervene in any | ||
opioid litigation, and release with prejudice any claims | ||
brought by a unit of local government or school district | ||
against an opioid defendant that are subject to a national | ||
multistate opioid settlement and are pending on the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(c) Nothing in this Section affects the Attorney General's | ||
authority to appear, intervene, or control litigation brought | ||
in the name of the State of Illinois or on behalf of the People | ||
of the State of Illinois. | ||
(d) When an intrastate allocation agreement between | ||
counties representing 60% of the population of the State, | ||
including all counties with a population of at least 250,000, | ||
and the Attorney General is reached, becoming a party to or | ||
filing opioid litigation against an opioid defendant that is | ||
subject to a national multistate opioid settlement are | ||
exclusive powers and functions of the State and a home rule | ||
unit may not file or become a party to opioid litigation | ||
against an opioid defendant that is subject to a national | ||
multistate opioid settlement unless approved by the Attorney | ||
General. This Section is a denial and limitation of home rule | ||
powers and functions under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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