Full Text of SB0215 102nd General Assembly
SB0215ham002 102ND GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/30/2021
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| 1 | | AMENDMENT TO SENATE BILL 215
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 215 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | adding Section 13-226 as follows: | 6 | | (735 ILCS 5/13-226 new) | 7 | | Sec. 13-226. Opioid litigation. | 8 | | (a) Definitions. In this Section: | 9 | | "National multistate opioid settlement" means any | 10 | | agreement (i) to which the State and at least two other states | 11 | | are parties and (ii) in which the State agrees to release | 12 | | claims that it has brought or could have brought in an action | 13 | | against an opioid defendant or has the claims released in a | 14 | | final order entered by a court. "National multistate opioid | 15 | | settlement" includes (i) any form of resolution reached in a | 16 | | bankruptcy proceeding, provided that the Attorney General both |
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| 1 | | agrees to the specific terms of such resolution or agreement | 2 | | in a bankruptcy proceeding and announces his or her agreement | 3 | | in the record of such bankruptcy proceeding, or (ii) a final | 4 | | order entered by the bankruptcy court. | 5 | | "Opioid defendant" means (i) a defendant in opioid | 6 | | litigation brought by the Attorney General, or (ii) a person | 7 | | or entity engaged in the manufacturing, marketing, | 8 | | distribution, prescription, dispensing, or other use of opioid | 9 | | medications. | 10 | | "Opioid litigation" means any civil litigation, demand, or | 11 | | settlement in lieu of litigation, alleging unlawful conduct in | 12 | | the manufacturing, marketing, distribution, prescription, | 13 | | dispensing, or other use of opioid medications. | 14 | | "Unit of local government" has the meaning provided in | 15 | | Article VII, Section 1 of the Illinois Constitution of 1970. | 16 | | (b) Release of claims. | 17 | | (1) On and after the effective date of this amendatory | 18 | | Act of the 102nd General Assembly, no unit of local | 19 | | government or school district may file or become a party | 20 | | to opioid litigation against an opioid defendant that is | 21 | | subject to a national multistate opioid settlement unless | 22 | | approved by the Attorney General. | 23 | | (2) If counties representing 60% of the population of | 24 | | the State, including all counties with a population of at | 25 | | least 250,000, have agreed to an intrastate allocation | 26 | | agreement with the Attorney General, then the Attorney |
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| 1 | | General has the authority to appear or intervene in any | 2 | | opioid litigation, and release with prejudice any claims | 3 | | brought by a unit of local government or school district | 4 | | against an opioid defendant that are subject to a national | 5 | | multistate opioid settlement and are pending on the | 6 | | effective date of this amendatory Act of the 102nd General | 7 | | Assembly. | 8 | | (c) Nothing in this Section affects the Attorney General's | 9 | | authority to appear, intervene, or control litigation brought | 10 | | in the name of the State of Illinois or on behalf of the People | 11 | | of the State of Illinois. | 12 | | (d) When an intrastate allocation agreement between | 13 | | counties representing 60% of the population of the State, | 14 | | including all counties with a population of at least 250,000, | 15 | | and the Attorney General is reached, becoming a party to or | 16 | | filing opioid litigation against an opioid defendant that is | 17 | | subject to a national multistate opioid settlement are | 18 | | exclusive powers and functions of the State and a home rule | 19 | | unit may not file or become a party to opioid litigation | 20 | | against an opioid defendant that is subject to a national | 21 | | multistate opioid settlement unless approved by the Attorney | 22 | | General. This Section is a denial and limitation of home rule | 23 | | powers and functions under subsection (h) of Section 6 of | 24 | | Article VII of the Illinois Constitution.
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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