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 1025: Wednesday, March 27, 1996

Page   3

 1   is independent of any rights or causes of action of
 2   any individual.
 3     3.  In determining the extent of the liability of
 4   any manufacturer under this section, the court shall
 5   apply the following evidentiary presumptions:
 6     a.  The ratio of the expenses attributable to the
 7   use of cigarettes or tobacco products produced by any
 8   manufacturer to the expenses of all manufacturers is
 9   presumed to be equivalent to the ratio of the sales by
10   the manufacturer within the state during the most
11   recent year for which data are available to the sales
12   of all manufacturers for that year.
13     b.  The medical expenses for individuals
14   attributable to the use of cigarettes or tobacco
15   products shall be based on reliable estimates for the
16   class of persons affected, rather than proof of the
17   cause of expenses in the case of any particular
18   individual.
19     c.  Estimates of medical expenses shall be based on
20   epidemiological, scientific, survey, and other data,
21   determined by the director of public health to be
22   reliable and reasonably available.  The Iowa
23   department of public health shall adopt rules to
24   specify the methodology for making the estimates in
25   any action under this section.
26     d.  A defendant shall have the opportunity to rebut
27   any presumption by clear and convincing evidence,
28   provided that the court shall take reasonable steps to
29   ensure that determination of damages is concluded in a
30   timely and expeditious manner and that no party to the
31   action is permitted to unduly delay the conclusion of
32   the action.
33     4.  For the purposes of this section, "cigarette"
34   and "tobacco products" mean cigarette and tobacco
35   products as defined in section 453A.1.
36     Sec. 58.  Section 422.9, subsection 1, Code
37   Supplement 1995, is amended to read as follows:
38     1.  An optional standard deduction, after deduction
39   of federal income tax, equal to one two thousand
two
40   four hundred thirty sixty dollars for a married
person
41   who files separately or a single person or equal to
42   three six thousand thirty sixty dollars for
a husband
43   and wife who file a joint return, a surviving spouse,
44   or an unmarried head of household.  The optional
45   standard deduction shall not exceed the amount
46   remaining after deduction of the federal income tax.
47     Sec. 59.  Section 422B.1, subsections 3, 4, 5, 6,
48   8, and 9, Code Supplement 1995, are amended to read as
49   follows:
50     3.  A local option tax shall be imposed only after

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/01000/01025.html
jhf