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PAG LIN
1 1 Amend the amendment, H-5541, to Senate File 2448,
1 2 as amended, passed, and reprinted by the the Senate,
1 3 as follows:
1 4 #1. Page 21, by inserting after line 24 the
1 5 following:
1 6 "Sec. . NEW SECTION. 135.110 LEGISLATIVE
1 7 FINDINGS – CIGARETTE AND TOBACCO PRODUCTS.
1 8 Following an analysis of data regarding cigarettes
1 9 and tobacco products and the addictive nature of the
1 10 nicotine contained in these products which was
1 11 provided by the Iowa department of public health, the
1 12 United States environmental protection agency, the
1 13 United States public health service, the world health
1 14 organization, the American cancer society, the
1 15 American heart association, the American lung
1 16 association, the American medical association, the
1 17 American dental association, the American public
1 18 health association, the national cancer institute, and
1 19 the international agency for research on cancer, the
1 20 general assembly finds and declares all of the
1 21 following:
1 22 1. That cigarettes and tobacco products, with
1 23 their inherent and supplemented quantities of
1 24 nicotine, are highly addictive and that use of these
1 25 products threatens the health and lives of Iowans.
1 26 2. That environmental tobacco smoke is a group A
1 27 carcinogen known to cause lung cancer in nonsmokers as
1 28 well as in smokers.
1 29 3. That tobacco and resultant environmental
1 30 tobacco smoke are the highest causative agents in
1 31 increased mortality and morbidity in the state.
1 32 4. That the federal Americans with Disabilities
1 33 Act specifies that persons sensitive to tobacco smoke,
1 34 including persons with asthma, are "handicapped
1 35 persons" and that businesses are required to make
1 36 reasonable accommodations to allow handicapped persons
1 37 access to offices and workplaces.
1 38 5. That a principal manufacturer of tobacco
1 39 products has admitted to these findings, has agreed to
1 40 a financial settlement based upon the damage caused by
1 41 the effects of these products, and has agreed to limit
1 42 advertising in accordance with the limitations
1 43 established by the United States environmental
1 44 protection agency.
1 45 6. That based upon all of the above, the general
1 46 assembly declares the use of cigarettes and tobacco
1 47 products to be an immediate health emergency of
1 48 epidemic proportions and a menace as an entry-level
1 49 drug in the youth population of the state and will
1 50 enact legislation to address this public health
2 1 problem.
2 2 Sec. . NEW SECTION. 135.111 RECOVERY OF
2 3 MEDICAL ASSISTANCE EXPENDITURE – CIGARETTE AND
2 4 TOBACCO PRODUCTS – RELATED MEDICAL EXPENSES BY
2 5 RESIDENT RECIPIENTS.
2 6 1. Notwithstanding chapter 668, the attorney
2 7 general shall institute a civil action on behalf of
2 8 the state against any manufacturer of cigarettes or
2 9 other tobacco products to recover the full amount of
2 10 medical assistance provided by the state to a resident
2 11 of the state for the payment of medical services which
2 12 are reasonably attributable to the use of cigarettes
2 13 or tobacco products and all reasonable expenses
2 14 associated with instituting the action.
2 15 2. In determining liability in an action under
2 16 this section, all of the following shall apply:
2 17 a. Any manufacturer of cigarettes or other tobacco
2 18 products shall be strictly liable for the medical
2 19 expenses reasonably attributable to the use of the
2 20 manufacturer's product, without regard to any
2 21 negligence, intent, warnings, or other conduct or
2 22 knowledge on the part of the manufacturer.
2 23 b. The state may recover medical expenses, without
2 24 regard to the defenses of assumption of the risk,
2 25 contributory or comparative negligence, or other
2 26 defenses which might be asserted.
2 27 c. Any action instituted by the attorney general
2 28 is independent of any rights or causes of action of
2 29 any individual.
2 30 3. In determining the extent of the liability of
2 31 any manufacturer under this section, the court shall
2 32 apply the following evidentiary presumptions:
2 33 a. The ratio of the expenses attributable to the
2 34 use of cigarettes or tobacco products produced by any
2 35 manufacturer to the expenses of all manufacturers is
2 36 presumed to be equivalent to the ratio of the sales by
2 37 the manufacturer within the state during the most
2 38 recent year for which data are available to the sales
2 39 of all manufacturers for that year.
2 40 b. The medical expenses for individuals
2 41 attributable to the use of cigarettes or tobacco
2 42 products shall be based on reliable estimates for the
2 43 class of persons affected, rather than proof of the
2 44 cause of expenses in the case of any particular
2 45 individual.
2 46 c. Estimates of medical expenses shall be based on
2 47 epidemiological, scientific, survey, and other data,
2 48 determined by the director of public health to be
2 49 reliable and reasonably available. The Iowa
2 50 department of public health shall adopt rules to
3 1 specify the methodology for making the estimates in
3 2 any action under this section.
3 3 d. A defendant shall have the opportunity to rebut
3 4 any presumption by clear and convincing evidence,
3 5 provided that the court shall take reasonable steps to
3 6 ensure that determination of damages is concluded in a
3 7 timely and expeditious manner and that no party to the
3 8 action is permitted to unduly delay the conclusion of
3 9 the action.
3 10 4. For the purposes of this section, "cigarette"
3 11 and "tobacco products" mean cigarette and tobacco
3 12 products as defined in section 453A.1.
3 13 Sec. . NEW SECTION. 135.112 IOWA DO NOT
3 14 START-STOP SMOKING FUND ESTABLISHED.
3 15 1. An Iowa do not start-stop smoking fund is
3 16 created within the state treasury under the control of
3 17 the Iowa department of public health. Moneys received
3 18 by the department from the proceeds of any tobacco
3 19 company settlement with the state of Iowa shall be
3 20 deposited in the state treasury to the credit of the
3 21 fund and are appropriated for the purposes specified
3 22 in this section. Notwithstanding section 8.33, any
3 23 unexpended balance in the fund at the end of each
3 24 fiscal year shall be retained in the fund. Any
3 25 interest and earnings on investments from money in the
3 26 fund shall be credited to the fund, section 12C.7
3 27 notwithstanding.
3 28 2. The Iowa department of public health shall
3 29 develop and implement a do not start-stop smoking
3 30 education campaign to educate minors and others about
3 31 the hazards of using cigarettes and tobacco products.
3 32 Sec. . NEW SECTION. 135.113 ENFORCEMENT OF
3 33 SMOKING PROHIBITIONS.
3 34 The Iowa department of public health shall adopt
3 35 rules to enforce the smoking prohibitions contained in
3 36 chapter 142B. Notwithstanding sections 142B.6 and
3 37 453A.56, local law or regulation relating to smoking
3 38 prohibitions which is more restrictive in application
3 39 in which case the more restrictive portion of the
3 40 local law or regulation shall supersede any
3 41 inconsistent or conflicting provisions of chapter 142B
3 42 or 453A.
3 43 Sec. . NEW SECTION. 135.114 CIGARETTE VENDING
3 44 MACHINE SALES PROHIBITED.
3 45 A person shall not sell cigarettes or tobacco
3 46 products through a vending machine or through self-
3 47 service displays in this state. A violation of this
3 48 section constitutes a serious misdemeanor."
3 49 #2. Page 22, by inserting after line 28 the
3 50 following:
4 1 "Sec. . EFFECTIVE DATE. Section 135.111, as
4 2 enacted by this Act, relating to the recovery of
4 3 medical assistance expenditures due to smoking, being
4 4 deemed of immediate importance, takes effect upon
4 5 enactment.
4 6 Sec. . RETROACTIVE APPLICABILITY. The state
4 7 may recover, pursuant to section 135.111, in addition
4 8 to any subsequent damages, any applicable damages
4 9 incurred within the two years preceding the date of
4 10 enactment of section 135.111 of this Act."
4 11 #3. By renumbering as necessary.
4 12
4 13
4 14
4 15 BRAMMER of Linn
4 16 SF 2448.327 76
4 17 rn/cf
Text: H05790 Text: H05792 Text: H05700 - H05799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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