Act No. 85

Public Acts of 2022

Approved by the Governor

May 19, 2022

Filed with the Secretary of State

May 19, 2022

EFFECTIVE DATE:  May 19, 2022

state of michigan

101st Legislature

Regular session of 2022

Introduced by Senator Alexander

ENROLLED SENATE BILL No. 995

AN ACT to prohibit the commencement of civil actions relating to opioids by certain governmental officers and entities.

The People of the State of Michigan enact:

Sec. 1. This act may be cited as the “opioid liability litigation act”.

Sec. 2. As used in this act:

(a) “Distributor settlement” means the master settlement agreement arising out of the MDL and entered into by this state with AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation.

(b) “Janssen settlement” means the master settlement agreement arising out of the MDL and entered into by this state with Janssen Pharmaceuticals, Inc.

(c) “MDL” means In re Nat’l Prescription Opiate Litigation, multidistrict litigation consolidated in the United  States District Court for the Northern District of Ohio, Case No. 1:17-MD-2804.

(d) “Political subdivision” means a public body corporate in this state, an agency of a public body corporate in this state, a nonincorporated body in this state of whatever nature, or an agency of a nonincorporated body in this state. Political subdivision includes a county, city, village, township, school district, or special district or authority of this state. Political subdivision does not include this state.

Sec. 3. A political subdivision of this state shall not commence or maintain an action as follows:

(a) After January 1, 2021, an action related to the released claims as defined in the distributor settlement against the released entities as defined in the distributor settlement.

(b) After January 1, 2021, an action related to the released claims as defined in the Janssen settlement against the released entities as defined in the Janssen settlement.

Enacting section 1. This act does not take effect unless Senate Bill No. 993 of the 101st Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor