Bill Text: IL SB0215 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Civil Procedure. Provides that on and after the effective date of the amendatory Act, 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. Provides that 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 the amendatory Act. Provides that this does not affect 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. Defines "national multistate opioid settlement", "opioid defendant", "opioid litigation", and "unit of local government". Denies home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2021-07-09 - Public Act . . . . . . . . . 102-0085 [SB0215 Detail]

Download: Illinois-2021-SB0215-Enrolled.html

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SB0215 Enrolled LRB102 13508 LNS 18855 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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.
Section 99. Effective date. This Act takes effect upon
becoming law.