Current Status Bill Number:716 Type of Legislation:Joint Resolution JR Introducing Body:Senate Introduced Date:19970430 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:res1418.mtr Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Tobacco manufacturers, Attorney General to protect citizens against in litigation; Agriculture, Requests and Memorials
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970430 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
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.