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Public Act 102-0085 |
SB0215 Enrolled | LRB102 13508 LNS 18855 b |
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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, |
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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. |
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(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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