This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

House Journal: Page 1024: Wednesday, March 27, 1996

Page 2  

 1   well as in smokers.
 2     3.  That tobacco and resultant environmental
 3   tobacco smoke are the highest causative agents in
 4   increased mortality and morbidity in the state.
 5     4.  That the federal Americans with Disabilities
 6   Act specifies that persons sensitive to tobacco smoke,
 7   including persons with asthma, are "handicapped
 8   persons" and that businesses are required to make
 9   reasonable accommodations to allow handicapped persons
10   access to offices and workplaces.
11     5.  That a principal manufacturer of tobacco
12   products has admitted to these findings, has agreed to
13   a financial settlement based upon the damage caused by
14   the effects of these products, and has agreed to limit
15   advertising in accordance with the limitations
16   established by the United States environmental
17   protection agency.
18     6.  That based upon all of the above, the general
19   assembly declares the use of cigarettes and tobacco
20   products to be an immediate health emergency of
21   epidemic proportions and a menace as an entry-level
22   drug in the youth population of the state and will
23   enact legislation to address this public health
24   problem.
25     Sec. 57.  NEW SECTION.  249A.30  RECOVERY OF
26   MEDICAL ASSISTANCE EXPENDITURE _ CIGARETTE AND
27   TOBACCO PRODUCTS _ RELATED MEDICAL EXPENSES BY
28   RESIDENT RECIPIENTS.
29     1.  Notwithstanding chapter 668, the attorney
30   general shall institute a civil action on behalf of
31   the state against any manufacturer of cigarettes or
32   other tobacco products to recover the full amount of
33   medical assistance provided by the state to a resident
34   of the state for the payment of medical services which
35   are reasonably attributable to the use of cigarettes
36   or tobacco products and all reasonable expenses
37   associated with instituting the action.
38     2.  In determining liability in an action under
39   this section, all of the following shall apply:
40     a.  Any manufacturer of cigarettes or other tobacco
41   products shall be strictly liable for the medical
42   expenses reasonably attributable to the use of the
43   manufacturer's product, without regard to any
44   negligence, intent, warnings, or other conduct or
45   knowledge on the part of the manufacturer.
46     b.  The state may recover medical expenses, without
47   regard to the defenses of assumption of the risk,
48   contributory or comparative negligence, or other
49   defenses which might be asserted.
50     c.  Any action instituted by the attorney general

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Thu Mar 28 13:30:02 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01000/01024.html
jhf