A RESOLUTION AUTHORIZING HICKMAN COUNTY TO JOIN THE STATE OF TENNESSEE AND OTHER LOCAL GOVERNMENTS IN AMENDING THE TENNESSEE STATE-SUBDIVISION OPIOID ABATEMENT AGREEMENT AND APPROVING THE RELATED SETTLEMENT AGREEMENTS

Resolution No. 24-16
Adopted June 24, 2024 · 12 aye, 0 nay, 2 absent
Sponsors Wayne Thomasson, District 3; Caitlin Devin Pickard, District 6

WHEREAS, the opioid epidemic continues to impact communities in the United States, the State of Tennessee, and Hickman County, Tennessee;

WHEREAS, Hickman County has suffered harm and will continue to suffer harm as a result of the opioid epidemic;

WHEREAS, the State of Tennessee and some Tennessee local governments have filed lawsuits against opioid manufacturers, distributors, and retailers, including many federal lawsuits by Tennessee counties and cities that are pending in the litigation captioned In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the MDL case is referred to as the "Opioid Litigation");

WHEREAS, Hickman County has previously joined settlements with multiple pharmaceutical distributors, manufacturers, and retail pharmacies;

WHEREAS, Kroger Co., a retail pharmacy and grocery chain, has proposed a settlement that Hickman County finds acceptable and in the best interest of the community;

WHEREAS, the Tennessee legislature enacted Public Chapter No. 491 during the 2021 Regular Session of the 112th Tennessee General Assembly and was signed into law by Governor Bill Lee on May 24, 2021, which addresses the allocation of funds from certain opioid litigation settlements;

WHEREAS, the Tennessee legislature enacted Public Chapter No. 568 during the 2024 Regular Session of the 113th Tennessee General Assembly and was signed into law by Governor Bill Lee on March 15, 2024, which would apply the statutory provisions passed in 2021 to the new settlement with Kroger Co. if it becomes effective;

WHEREAS, the State of Tennessee, non-litigating counties, and representatives of various local governments involved in the Opioid Litigation have adopted a unified plan for the allocation and use of certain prospective settlement and bankruptcy funds from opioid-related litigation ("Settlement Funds");

WHEREAS, the Tennessee State-Subdivision Opioid Abatement Agreement (the "Tennessee Plan"), attached hereto as "Exhibit A," sets forth the framework of a unified plan for the proposed allocation and use of the Settlement Funds;

WHEREAS, amendments to the Tennessee Plan, attached hereto as "Exhibit B," would extend its terms to the proposed Kroger Co. settlement and would clarify some language concerning the allocation of certain settlement funds; and

WHEREAS, participation in the settlement by a large majority of Tennessee cities and counties will materially increase the amount of settlement funds that Tennessee will receive from the pending proposed opioid settlement;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF HICKMAN COUNTY, TENNESSEE,

Section 1. That Hickman County finds that the amendments to the Tennessee Plan are in the best interest of Hickman County and its citizens because they would ensure an effective structure for the commitment of Settlement Funds to abate and seek to resolve the opioid epidemic.

Section 2. That Hickman County hereby expresses its support for a unified plan for the allocation and use of Settlement Funds as generally described in the Tennessee Plan.

Section 3. That the Hickman County Mayor and Hickman County Attorney are hereby expressly authorized to execute the amendments to the Tennessee Plan in substantially the form attached as Exhibit "B" and the County Mayor and Hickman County Attorney are hereby authorized to execute any formal agreements necessary to implement a unified plan for the allocation and use of Settlement Funds that is substantially consistent with the Tennessee Plan and this Resolution.

Section 4. That the Hickman County Mayor and Hickman County Attorney are hereby expressly authorized to execute any formal agreement and related documents evidencing Hickman County's agreement to the settlement of claims and litigation specifically related to Kroger Co. and any other settlement of opioid-related claims that Tennessee has joined.

Section 5. That the Hickman County Mayor and Hickman County Attorney are authorized to take such other action as necessary and appropriate to effectuate Hickman County's participation in the Tennessee Plan and this settlement.

Section 6. This Resolution is effective upon adoption, the welfare of Hickman County, Tennessee requiring it.

ADOPTED this the 24th day of June, 2024.