S 716 Session 112 (1997-1998)
S 0716 Joint Resolution, By M.T. Rose
A JOINT RESOLUTION TO DIRECT THE OFFICE OF THE ATTORNEY GENERAL TO MAKE
APPROPRIATE CONTACT AND TAKE ALL NECESSARY AND APPROPRIATE ACTION TO ENSURE
THAT THE RIGHTS OF THE STATE OF SOUTH CAROLINA AND THE RIGHTS OF ITS CITIZENS
WHO ARE OR WHO MAY BE ENTITLED TO AVAIL THEMSELVES OF ANY SETTLEMENT PROCEEDS
OR OTHER BENEFITS ACCRUING AS A RESULT OF LITIGATION AGAINST TOBACCO
MANUFACTURERS ARE PROPERLY PROTECTED AND TO REQUIRE PERIODIC REPORTS TO THE
GENERAL ASSEMBLY.
04/30/97 Senate Introduced and read first time SJ-2
04/30/97 Senate Referred to Committee on Judiciary SJ-2
A JOINT RESOLUTION
TO DIRECT THE OFFICE OF THE ATTORNEY GENERAL TO
MAKE APPROPRIATE CONTACT AND TAKE ALL
NECESSARY AND APPROPRIATE ACTION TO ENSURE THAT
THE RIGHTS OF THE STATE OF SOUTH CAROLINA AND THE
RIGHTS OF ITS CITIZENS WHO ARE OR WHO MAY BE
ENTITLED TO AVAIL THEMSELVES OF ANY SETTLEMENT
PROCEEDS OR OTHER BENEFITS ACCRUING AS A RESULT
OF LITIGATION AGAINST TOBACCO MANUFACTURERS
ARE PROPERLY PROTECTED AND TO REQUIRE PERIODIC
REPORTS TO THE GENERAL ASSEMBLY.
Whereas, many of the citizens across the country have been exposed
to the harmful effects of tobacco products and by-products; and
Whereas, in recent years major manufacturers of these products and
by-products have admitted that crucial research results concerning the
truly harmful and addictive nature of nicotine and other tobacco
related by-products have been withheld from the consuming public;
and
Whereas, the residual effects of long-term exposure to the harmful
agents derived from tobacco products have been manifested in the
form of millions of dollars in medical expenses to citizens of this
State and many other states across the country; and
Whereas, the attorneys general of many states have sought to recoup
the expenses incurred by their states which are directly associated
with the care and treatment of persons suffering from tobacco
by-product related illnesses; and
Whereas, a proliferation of litigation associated with tobacco
by-product related illnesses in conjunction with admissions by major
tobacco manufacturers that crucial research results were withheld
from the consuming public have resulted in proposed
multi-billion-dollar settlements; and
Whereas, South Carolina did not participate as a party in any of the
original litigation and it is uncertain what effect, if any, the proposed
settlement will have on forestalling subsequent litigation by citizens
of states which were not parties to the original litigation. Now,
therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The members of the General Assembly direct the
Attorney General of South Carolina to make the necessary contact
and take any and all necessary and appropriate action to ensure that
the rights of the State of South Carolina and the rights of its citizens
who are or who may be entitled to avail themselves of the proceeds
of or any other benefits accruing from the proposed settlement of
litigation against the major tobacco manufacturers are properly
protected.
The Attorney General is further directed to issue a written report to
the Senate and the House of Representatives to be delivered to the
President Pro Tempore and the Speaker so that it may be printed in
the journals of the respective bodies. This report shall include, but is
not limited to, actions that the Attorney General has taken to comply
with the provisions of this joint resolution and the desirability of any
legislative action which may be required in furtherance of the above
objectives. This report must be submitted within sixty days of the
passage of this joint resolution and every six months thereafter until
the litigation referenced herein is resolved.
SECTION 2. This act takes effect upon approval by the Governor.
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