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Bill 3775

                    Current Status

Bill Number:                      3775
Type of Legislation:              Concurrent Resolution CR
Introducing Body:                 House
Introduced Date:                  19990324
Primary Sponsor:                  Battle
All Sponsors:                     Battle, Bailey, Bales, Barfield, 
                                  Breeland, J. Brown, Dantzler, Edge, Gilham, 
                                  Gourdine, Harris, Harrison, Harvin, Hayes, 
                                  Jennings, Keegan, Kelley, Kennedy, Limehouse, 
                                  Lloyd, Lourie, Mack, McGee, McKay, M. McLeod, 
                                  Miller, Ott, Parks, Phillips, Pinckney, Riser, 
                                  Rodgers, Sandifer, Scott, Sharpe, F. Smith, 
                                  R. Smith and Witherspoon
Drafted Document Number:          l:\council\bills\nbd\11210mm99.doc
Companion Bill Number:            656
Residing Body:                    House
Current Committee:                Invitations and Memorial Resolutions 
                                  Committee 24 HIMR
Subject:                          Tobacco settlement recoveries, Congress 
                                  requests to prohibit federal recoupment of; 
                                  Agriculture


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990324  Introduced, referred to Committee      24 HIMR


                             Versions of This Bill

MEMORIALIZING THE CONGRESS OF THE UNITED STATES AND THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, TO PROHIBIT FEDERAL RECOUPMENT OF STATE TOBACCO SETTLEMENT RECOVERIES.

Whereas, the State of South Carolina settled its litigation against the tobacco industry on November 23, 1998; and

Whereas, the federal government has declined to bring its own lawsuit against the tobacco industry; and

Whereas, the federal government through the Health Care Financing Administration has asserted that it is entitled to a significant share of the state settlement on the basis that it represents the federal share of Medicaid costs; and

Whereas, the federal government asserts that it is authorized and obligated, under the Social Security Act, to collect its share of any settlement funds attributable to Medicaid; and

Whereas, the state lawsuit was brought for violation of state law under state law theories, and the state lawsuit did not make any federal claims; and

Whereas, the State bore all the risk and expense in the litigation brought in state court, and settled without any assistance from the federal government; and

Whereas, the State is entitled to all of the funds negotiated in the tobacco settlement agreement without any federal claim. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, do hereby respectfully memorialize the Congress of the United States and the Honorable William J. Clinton, President of the United States, to prohibit federal recoupment of state tobacco settlement recoveries.

Be it further resolved that copies of this resolution be transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of South Carolina.

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