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1 1 SENATE CONCURRENT RESOLUTION NO. ___
1 2 BY BOETTGER
1 3 A Concurrent Resolution relating to the intent of
1 4 the Iowa General Assembly regarding federal
1 5 tobacco legislation.
1 6 WHEREAS, the Iowa General Assembly has determined
1 7 that reducing the use of tobacco products by minors is
1 8 a matter of the highest priority for the people of the
1 9 state of Iowa; and
1 10 WHEREAS, the Iowa General Assembly has determined
1 11 that strengthening restrictions on minors' access to
1 12 tobacco products, and implementing appropriate
1 13 educational campaigns to discourage underage tobacco
1 14 use, could significantly reduce the use of tobacco
1 15 products by minors; and
1 16 WHEREAS, the Iowa General Assembly has determined
1 17 that the exposure of minors to tobacco advertising and
1 18 promotion should be reduced, but that legislatively
1 19 imposed restrictions may be subject to legal
1 20 challenges; and
1 21 WHEREAS, the Iowa General Assembly is aware of the
1 22 national tobacco settlement announced on June 20,
1 23 1997, negotiated by a core group of state attorneys
1 24 general, counsel for class action plaintiffs,
1 25 representatives of the public health community, and
1 26 the tobacco industry; and
1 27 WHEREAS, the Iowa General Assembly is aware that
1 28 the June 20, 1997, agreement includes elements that,
1 29 if implemented by the United States Congress, would
1 30 fundamentally change the way the tobacco industry does
2 1 business and achieve major public health goals,
2 2 including the following:
2 3 Congress would enact legislation placing tobacco
2 4 products within the jurisdiction of the United States
2 5 Food and Drug Administration (FDA), ending the
2 6 controversy regarding FDA's assertion of jurisdiction
2 7 over tobacco products and creating a regulatory
2 8 framework tailored to the special issues presented by
2 9 these products.
2 10 All of the provisions of the FDA's tobacco rules
2 11 designed to reduce underage tobacco use, including
2 12 sales and advertising restrictions, would become
2 13 effective, and in some cases would be extended, and
2 14 new warnings would be required on tobacco product
2 15 packages and advertising.
2 16 Targets for reducing underage tobacco use in the
2 17 next ten years would be established, and the industry
2 18 would be held financially accountable if those targets
2 19 were not achieved, without any showing of fault or
2 20 responsibility on the part of the industry.
2 21 Congress would enact legislation establishing a
2 22 federal standard on smoking in public places, and
2 23 state and local governments would be authorized to
2 24 enact more restrictive standards.
2 25 Some of the major civil litigation involving
2 26 tobacco issues pending in the nation's courts would be
2 27 settled conclusively, while preserving the right of
2 28 individuals to seek compensation from the tobacco
2 29 companies now and in the future for any alleged
2 30 tobacco-related injuries and to seek punitive damages
3 1 for future conduct.
3 2 WHEREAS, the Iowa General Assembly is aware that
3 3 the tobacco industry has committed to provide $368.5
3 4 billion in funding over the next 25 years under the
3 5 June 20, 1997, agreement, subject to adjustments for
3 6 inflation and changes in sales volume, with additional
3 7 payment obligations continuing indefinitely thereafter
3 8 without any additional charges to the state; and
3 9 WHEREAS, the Iowa General Assembly has determined
3 10 that the June 20, 1997, agreement could accomplish
3 11 results including but not limited to severe
3 12 advertising restrictions and funding that may not be
3 13 achievable by legislation without presenting legal
3 14 challenges, and therefore depends on a consensual
3 15 arrangement involving the tobacco industry; and
3 16 WHEREAS, the Iowa General Assembly has determined
3 17 that the state has a vital interest in securing the
3 18 state's fair share of tobacco industry funding to help
3 19 pay for state and local programs to reduce tobacco use
3 20 by minors and for other important public programs; and
3 21 WHEREAS, the Iowa General Assembly has determined
3 22 that the June 20, 1997, agreement requires the ongoing
3 23 industry payments to be reflected in price increases
3 24 for tobacco products in order to promote reduction in
3 25 underage tobacco use; and
3 26 WHEREAS, the Iowa General Assembly is aware that
3 27 the June 20, 1997, agreement has been forcefully
3 28 advocated by the attorneys general and public health
3 29 representatives who negotiated the agreement, and by
3 30 others, as offering an unparalleled opportunity to
4 1 reduce underage tobacco use and advance the public
4 2 health; and
4 3 WHEREAS, the Iowa General Assembly recognizes that
4 4 the June 20, 1997, agreement, by the very nature of
4 5 the agreement, is a fragile compromise among diverse
4 6 interests, that the opportunity for approving the
4 7 agreement may be lost, and that the sweeping changes
4 8 in tobacco control policy contained in the agreement
4 9 should not be jeopardized; NOW THEREFORE,
4 10 BE IT RESOLVED BY THE SENATE, THE HOUSE OF
4 11 REPRESENTATIVES CONCURRING, That it is the intent of
4 12 the Iowa General Assembly that the Congress of the
4 13 United States enact comprehensive tobacco legislation
4 14 modeled on the June 20, 1997, agreement that allocates
4 15 to the states, including Iowa, a fair share of the
4 16 tobacco industry's payments under the agreement, that
4 17 is competitively fair and consistent with the
4 18 Constitution of the United States, and that will
4 19 reduce the availability of tobacco products to
4 20 underage individuals; and
4 21 BE IT FURTHER RESOLVED, That a copy of this
4 22 resolution be provided to the members of Iowa's
4 23 congressional delegation.
4 24 LSB 3831SS 77
4 25 pf/cf/24
Text: SCR00104 Text: SCR00106 Text: SCR00100 - SCR00199 Text: SCR Index Bills and Amendments: General Index Bill History: General Index
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