Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0592 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Act No. 228 Public Acts of 2023 Approved by the Governor November 22, 2023 Filed with the Secretary of State November 22, 2023 EFFECTIVE DATE: November 22, 2023~~ state of michigan 102nd Legislature Regular session of 2023 Introduced by Senator Bayer ENROLLED SENATE BILL No. 592 AN ACT to amend 2022 PA 85, entitled An act to prohibit the commencement of civll actions relating to opioids by certain governmental officers and entities, by amending sections 2 and 3 (MCL 691.1672 and 691.1673). The People of the State of Michigan enact: Sec. 2. As used in this act: (a) Allergan settlement means the master settlement agreement arising out of the MDL and entered into by this state with Allergan Pharmaceuticals. (b) CVS settlement means the master settlement agreement arising out of the MDL and entered into by this state with CVS Pharmacy. (c) 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. (d) Janssen settlement means the master settlement agreement arising out of the MDL and entered into by this state with Janssen Pharmaceuticals, Inc. (e) MDL means In re Natl Prescription Opiate Litigation, multidistrict litigation consolidated in the United States District Court for the Northern District of Ohio, Case No. 1:17-MD-2804. (f) 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. (g) Teva settlement means the master settlement agreement arising out of the MDL and entered into by this state with Teva Pharmaceuticals. (h) Walgreens national settlement means the master settlement agreement arising out of the MDL and entered into by this state with Walgreens Pharmacy. (i) Walmart settlement means the master settlement agreement arising out of the MDL and entered into by this state with Walmart. 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. (c) After January 1, 2022, an action related to the released claims as defined in the Allergan settlement against the released entities as defined in the Allergan settlement. (d) After January 1, 2022, an action related to the released claims as defined in the CVS settlement against the released entities as defined in the CVS settlement. (e) After January 1, 2022, an action related to the released claims as defined in the Teva settlement against the released entities as defined in the Teva settlement. (f) After January 1, 2022, an action related to the released claims as defined in the Walgreens national settlement against the released entities as defined in the Walgreens national settlement. (g) After January 1, 2022, an action related to the released claims as defined in the Walmart settlement against the released entities as defined in the Walmart settlement. This act is ordered to take immediate effect. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
	1	+	state of michigan 102nd Legislature Regular session of 2023 Introduced by Senator Bayer ENROLLED SENATE BILL No. 592 AN ACT to amend 2022 PA 85, entitled An act to prohibit the commencement of civll actions relating to opioids by certain governmental officers and entities, by amending sections 2 and 3 (MCL 691.1672 and 691.1673). The People of the State of Michigan enact: Sec. 2. As used in this act: (a) Allergan settlement means the master settlement agreement arising out of the MDL and entered into by this state with Allergan Pharmaceuticals. (b) CVS settlement means the master settlement agreement arising out of the MDL and entered into by this state with CVS Pharmacy. (c) 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. (d) Janssen settlement means the master settlement agreement arising out of the MDL and entered into by this state with Janssen Pharmaceuticals, Inc. (e) MDL means In re Natl Prescription Opiate Litigation, multidistrict litigation consolidated in the United States District Court for the Northern District of Ohio, Case No. 1:17-MD-2804. (f) 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. (g) Teva settlement means the master settlement agreement arising out of the MDL and entered into by this state with Teva Pharmaceuticals. (h) Walgreens national settlement means the master settlement agreement arising out of the MDL and entered into by this state with Walgreens Pharmacy. (i) Walmart settlement means the master settlement agreement arising out of the MDL and entered into by this state with Walmart. 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. (c) After January 1, 2022, an action related to the released claims as defined in the Allergan settlement against the released entities as defined in the Allergan settlement. (d) After January 1, 2022, an action related to the released claims as defined in the CVS settlement against the released entities as defined in the CVS settlement. (e) After January 1, 2022, an action related to the released claims as defined in the Teva settlement against the released entities as defined in the Teva settlement. (f) After January 1, 2022, an action related to the released claims as defined in the Walgreens national settlement against the released entities as defined in the Walgreens national settlement. (g) After January 1, 2022, an action related to the released claims as defined in the Walmart settlement against the released entities as defined in the Walmart settlement. This act is ordered to take immediate effect. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
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3		-	Act No. 228
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5		-	Public Acts of 2023
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7		-	Approved by the Governor
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9		-	November 22, 2023
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11		-	Filed with the Secretary of State
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13		-	November 22, 2023
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15		-	EFFECTIVE DATE: November 22, 2023
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19	17		state of michigan
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21	19		102nd Legislature
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23	21		Regular session of 2023
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25	23		Introduced by Senator Bayer
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27	25		ENROLLED SENATE BILL No. 592
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29	27		AN ACT to amend 2022 PA 85, entitled An act to prohibit the commencement of civll actions relating to opioids by certain governmental officers and entities, by amending sections 2 and 3 (MCL 691.1672 and 691.1673).
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31	29		The People of the State of Michigan enact:
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33	31		Sec. 2. As used in this act:
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35	33		(a) Allergan settlement means the master settlement agreement arising out of the MDL and entered into by this state with Allergan Pharmaceuticals.
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37	35		(b) CVS settlement means the master settlement agreement arising out of the MDL and entered into by this state with CVS Pharmacy.
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39	37		(c) 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.
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41	39		(d) Janssen settlement means the master settlement agreement arising out of the MDL and entered into by this state with Janssen Pharmaceuticals, Inc.
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43	41		(e) MDL means In re Natl Prescription Opiate Litigation, multidistrict litigation consolidated in the United States District Court for the Northern District of Ohio, Case No. 1:17-MD-2804.
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45	43		(f) 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.
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47	45		(g) Teva settlement means the master settlement agreement arising out of the MDL and entered into by this state with Teva Pharmaceuticals.
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49	47		(h) Walgreens national settlement means the master settlement agreement arising out of the MDL and entered into by this state with Walgreens Pharmacy.
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51	49		(i) Walmart settlement means the master settlement agreement arising out of the MDL and entered into by this state with Walmart.
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55	53		Sec. 3. A political subdivision of this state shall not commence or maintain an action as follows:
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57	55		(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.
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59	57		(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.
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61	59		(c) After January 1, 2022, an action related to the released claims as defined in the Allergan settlement against the released entities as defined in the Allergan settlement.
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63	61		(d) After January 1, 2022, an action related to the released claims as defined in the CVS settlement against the released entities as defined in the CVS settlement.
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65	63		(e) After January 1, 2022, an action related to the released claims as defined in the Teva settlement against the released entities as defined in the Teva settlement.
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67	65		(f) After January 1, 2022, an action related to the released claims as defined in the Walgreens national settlement against the released entities as defined in the Walgreens national settlement.
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69	67		(g) After January 1, 2022, an action related to the released claims as defined in the Walmart settlement against the released entities as defined in the Walmart settlement.
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71	69		This act is ordered to take immediate effect.
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79	77		Secretary of the Senate
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85	83		Clerk of the House of Representatives
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87	85		Approved___________________________________________
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89	87		____________________________________________________
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91	89		Governor