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13-226.Opioid litigation.

Article XIII. Limitations · Part 2. Personal Actions · Last amended 2021 · Last verified July 20, 2026

In one sentenceRather than setting a time limit, this section decides who controls opioid litigation in Illinois, generally requiring the Attorney General's approval before a local government or school district can sue an opioid defendant covered by a national multistate settlement.

Full Text of 735 ILCS 5/13-226

Text sizeJump to: (a) (b)

(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, 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. (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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Plain-English Summary

Unlike most of this Article, this section isn't a limitations period at all — it allocates authority over opioid litigation. It bars a unit of local government or school district from filing or joining opioid litigation against an opioid defendant covered by a "national multistate opioid settlement" unless the Attorney General approves, and it gives the Attorney General authority to appear or intervene in, and release with prejudice, pending local claims once counties representing 60% of the state's population, including every county over 250,000, agree to an intrastate allocation agreement with the Attorney General.

The section defines its key terms — national multistate opioid settlement, opioid defendant, opioid litigation, and unit of local government — and preserves the Attorney General's existing authority to control litigation brought in the name of the State or the People of Illinois.

Once that 60%-of-population allocation agreement is reached, becoming a party to or filing this kind of opioid litigation becomes an exclusive state power, and the section expressly states it is a denial and limitation of home rule authority under the Illinois Constitution — meaning even a home-rule municipality can't file or join covered opioid litigation without the Attorney General's approval.

Frequently Asked Questions

Does this section set a filing deadline for opioid lawsuits?

No. It governs which government body controls and can bring opioid litigation, rather than setting a time limit.

Can a city or county sue an opioid manufacturer on its own?

Generally no, if the defendant is subject to a national multistate opioid settlement — approval from the Attorney General is required.

What triggers the Attorney General's expanded authority over pending local claims?

Counties representing 60% of the state's population, including every county with over 250,000 residents, agreeing to an intrastate allocation agreement with the Attorney General.

Does this section limit home-rule municipalities specifically?

Yes. It expressly states that it is a denial and limitation of home rule powers under the Illinois Constitution once the allocation agreement is reached.

Does this section affect the Attorney General's authority to bring suit for the State itself?

No. It expressly preserves the Attorney General's authority to appear, intervene, or control litigation brought in the name of the State or the People of Illinois.

Amendment History

(Source: P.A. 102-85, eff. 7-9-21.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
Also known as: illinois opioid litigation attorney general authoritywho can sue opioid manufacturers in illinoisillinois national multistate opioid settlement lawhome rule opioid litigation illinois