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1200 CouNTY-QTY BUILDING ypurH aF PHONE 574/235-9241 <br /> 227 W.JEFFERSONBoul-EVARD o4 'd FAX 574/235-7670 <br /> SOUIH BEND,INDIANA46601-1830 �� TTY 574/235-5567 <br /> U t7 <br /> w a <br /> :.PEA(:E.. <br /> x a� <br /> QTY OF SOUTH BEND JAMES MUELLER,MAYOR <br /> DEPARTMENT OF LAW <br /> SANDRA KENNEDY ALADEAN M.DEROSE <br /> CORPORATION COUNSEL QTY ATTORNEY <br /> Filed in Clerk`s Office <br /> March 23, 2022 <br /> Sharon McBride, MAR 2 3 Z02? <br /> President, South Bend Common Council <br /> 4`h Floor County City Building DAWN M.JONES <br /> 227 West Jefferson Boulevard CITY CLERK,SOUTH BEND,IN <br /> South Bend,IN 466601 <br /> Re: Resolution to Opt-Back-In to the State of Indiana's Opioid Litigation Settlement <br /> Dear. Council President McBride: <br /> Attached is a Resolution based upon Indiana House Enrolled Act 1193,signed by Governor <br /> Holcomb on March 10,2022. This Act amends the previous version of the law(Ind. Code §4-6-15) <br /> which substantially limited the damages recoverable by the City of South Bend in the Cit/s opioid <br /> litigation pending against manufacturers,distributors, retailers and others. For that reason,South <br /> Bend originally opted out of the State's opioid settlement when this Council passed Resolution No. <br /> 4916-21 on June 14,2021 and a certified copy was sent to Indiana Attorney General Todd Rokita. <br /> The new law is the result of legislative cooperation between the State and its political subdivisions, <br /> and is far more beneficial and equitable to local governments like South Bend. The percentage of <br /> state opioid settlement funds recoverable by local government has increased from the previous law's <br /> 15%to the new law's 50%. Note,however,that even under the new law,only 30% of the funds <br /> received by local governments are unrestricted(usable to reimburse past expenses of the opioid <br /> crisis). The remainder(70%) of those monies must be used by local governments "only for <br /> programs of treatment,prevention, and care that are best practices as defined or required by the <br /> settlement documents or court order." Ind. Code §4-6-15-4 (a) (4). <br /> The State is currently part to two national settlement agreements: (1)with McKesson Corporation, <br /> Cardinal Health,Inc.,and AmerisourceBergen Corporation (known as the "Distributor <br /> Settlement"); and (2) with Johnson&Johnson,Janssen Pharmaceuticals,Inc.,OrthoMcNeil-Janssen <br /> Pharmaceuticals,Inc.,and Janssen Pharmaceutica,Inc. (known as the "J&J Settlement"). The old <br /> law only guaranteed that local governments would participate in these two settlements. The old law <br /> included the following provision: <br /> No political subdivision has any claim to any settlement proceeds for litigation <br /> against any opioid party not yet filed by the state as of the effective date of this <br /> chapter. <br /> JENNA THROW THOMAS E.PANOWICZ CHRISTINA SHAKOUR <br /> C.,ARA MC DANIELS KYLIE CONNELL DANIELLE CAMPBELL WEISS <br />