Text: S05821 Text: S05823 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2395, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. ATTORNEY GENERAL. There is 1 6 appropriated from the general fund of the state to the 1 7 department of justice for the fiscal year beginning 1 8 July 1, 1997, and ending June 30, 1998, to supplement 1 9 the appropriations made in 1997 Iowa Acts, chapter 1 10 205, section 1, the following amount, or so much 1 11 thereof as is necessary, to be used for the purpose 1 12 designated: 1 13 For the office of the attorney general to be used 1 14 in accordance with this section: 1 15 .................................................. $ 10,000 1 16 The moneys appropriated in this section shall be 1 17 used by the office of the attorney general to 1 18 facilitate coordination with the department of human 1 19 services and the Iowa department of public health 1 20 regarding the existence of, prevalence of, and causal 1 21 linkage between injury, disease, or disability and the 1 22 use of tobacco by recipients of medical assistance. 1 23 The moneys shall also be used by the office of the 1 24 attorney general in litigation efforts for state 1 25 recovery of tobacco-related medical assistance 1 26 payments pursuant to section 100 of this Act." 1 27 #2. Page 4, by inserting after line 1 the 1 28 following: 1 29 "Sec. 100. NEW SECTION. 249A.50 STATE RECOVERY 1 30 OF TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS. 1 31 1. For purposes of this section: 1 32 a. "Manufacturer" means any person engaged in the 1 33 process of designing, fabricating, assembling, 1 34 producing, constructing, or otherwise preparing a 1 35 product containing tobacco, including any packaging or 1 36 labeling or repackaging or relabeling of such a 1 37 product, with the intention of selling the product for 1 38 gain or profit. "Manufacturer" does not include 1 39 persons whose activity is limited to growing natural 1 40 leaf tobacco or to selling tobacco products at 1 41 wholesale or retail to consumers. 1 42 b. "Tobacco" means any tobacco product, including 1 43 but not limited to loose tobacco suitable for smoking, 1 44 snuff, snuff flour, cavendish, plug and twist tobacco, 1 45 fine cuts and other chewing tobaccos, shorts, refuse 1 46 scraps, clippings, cuttings, and sweepings of tobacco, 1 47 and other kinds and forms of tobacco suitable for 1 48 chewing and smoking, including cigars and cigarettes. 1 49 2. The department of human services may coordinate 1 50 with the Iowa department of public health with regard 2 1 to the existence of, prevalence of, and causal linkage 2 2 between injury, disease, or disability and the use of 2 3 tobacco by recipients of medical assistance. 2 4 3. The state and the department shall be entitled 2 5 to bring an action against and recover in full from 2 6 any manufacturer which caused in fact any injury, 2 7 disease, or disability arising from or connected with 2 8 the use of tobacco by recipients of medical 2 9 assistance, for the full amount of medical assistance 2 10 paid under this chapter on behalf of such recipients, 2 11 and for other relief, including legal and 2 12 administrative fees and expenses. The attorney 2 13 general may institute a civil action to enforce the 2 14 rights conferred by this section. The right of 2 15 recovery of the state and the department under this 2 16 section is independent from and not derivative of any 2 17 right or claim of the individual recipients of medical 2 18 assistance. 2 19 a. The court shall do all of the following: 2 20 (1) Shall permit evidence, proof, and argument as 2 21 to causation and amount of damages by and through 2 22 statistical analysis or other methods of scientific or 2 23 statistical proof. 2 24 (2) Shall not require proof of causation and 2 25 damages as to individual recipients. 2 26 b. The state or department may recover damages 2 27 against manufacturers based upon an aggregation of or 2 28 a reasonable estimation of payments made on behalf of 2 29 recipients of medical assistance. Apportionment of 2 30 damages among defendants shall be according to a 2 31 manufacturer's respective share of the market for 2 32 tobacco within the state. 2 33 c. Trial shall be by jury, if either party demands 2 34 a jury." 2 35 #3. Page 4, line 2, by striking the word "DATE." 2 36 and inserting the following: "DATE AND 2 37 APPLICABILITY." 2 38 #4. Page 4, by inserting after line 3 the 2 39 following: 2 40 "Section 100 of this Act, being deemed of immediate 2 41 importance, takes effect upon enactment and applies to 2 42 medical assistance paid on or after the effective date 2 43 of this Act. Section 100 of this Act shall not affect 2 44 the common law rights of the state or the department, 2 45 if any." 2 46 #5. By renumbering as necessary. 2 47 2 48 2 49 2 50 TOM VILSACK 3 1 HF 2395.309 77 3 2 jp/cf/28
Text: S05821 Text: S05823 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
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