S-4599

S-4599.1 _______________________________________________

SUBSTITUTE SENATE JOINT MEMORIAL 8023

_______________________________________________

State of Washington 55th Legislature 1998 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Deccio, Wojahn, Benton, Fairley, Wood, Thibaudeau, Franklin, Winsley, Prentice, Oke, Hale, Schow, Morton, Spanel, Roach, Brown, McAuliffe, Bauer, Snyder, B. Sheldon, Jacobsen, T. Sheldon, Rasmussen, Goings, Haugen, Fraser, Kohl, Hargrove, Heavey, Kline and Patterson)

Read first time 02/10/98.

TO THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, The state of Washington and other states have initiated litigation against the tobacco industry seeking injunctive relief along with the recovery of penalties and damages for the alleged illegal conduct of the industry. Claims include the recovery of damages for violation of consumer protection and antitrust laws, for common law conspiracy, and for expenditure of public funds for health care services; and

WHEREAS, The tobacco industry has agreed to a proposed global settlement of the states' litigation which includes the recovery by states of substantial damages. The proposed settlement has been referred to Congress for implementation; and

WHEREAS, Since the states have initiated litigation and settlement of legal claims for violation of a number of state laws, they should recover their full measure of damages without any offset, conditions, or restrictions by the federal government. In addition, the federal Department of Health and Human Services does not and should not have a claim to any portion of the funds received by the states as damages, based on receipt by the states of federal funds for medicaid costs;

NOW, THEREFORE, Your Memorialists respectfully pray that Congress enact legislation which would specify that no portion of the funds received by the states as part of the global settlement or any other resolution of tobacco litigation be withheld, offset, or restricted by the federal government, the Department of Health and Human Services, or any other federal agency.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.