6354-S AAS 2/17/98

6354-S AAS 2/17/98

SSB 6354 - S AMD - 762

By Senators West, Deccio and McDonald

ADOPTED AS AMENDED 2/17/98

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 43.79 RCW to read as follows:

(1) The legislature recognizes that the sale of tobacco products in the state has resulted in significant damage to the public health of the state. In any legal action, or settlement thereof, by the state of Washington against tobacco companies for damages for injuries to the public health for violation of state and federal consumer protection and antitrust laws and to recover moneys for tobacco-related health care costs, and to the maximum extent permitted by court order, negotiated settlement, or federal law, the proceeds received by the state, exclusive of costs and fees, shall be subject to legislative appropriation and shall be deposited in:

(a) The education enhancement account, which is created in the state treasury. Moneys in the account may be spent only after appropriation and may be used exclusively for enhancing and improving the common school system of the state, including alcohol, tobacco, and drug abuse awareness and prevention programs targeted at youths. Moneys in the account shall not be used to (i) replace or supplant existing state funding, (ii) meet the state's constitutional obligation to provide for basic education programs under chapter 28A.150 RCW, or (iii) increase the compensation and benefits of personnel in the common schools; and

(b) The health services account established by RCW 43.72.900. Moneys deposited in the health services account under this section may be used exclusively for funding the enrollment of eligible persons in the basic health plan under chapter 70.47 RCW, including funding a smoking cessation benefit in the basic health plan.

(2) The proceeds identified in subsection (1) of this section shall be divided equally between the two accounts specified in subsection (1) of this section except (a) as otherwise required by federal law, or (b) as the court determines essential to provide appropriate damages and other relief to the parties to the litigation.

(3) In any legal action, or settlement thereof, by the state of Washington to recover damages for health care costs and for other tobacco-related injuries to the public health, including antitrust and consumer protection violations, the attorney general shall seek a legal resolution of the action that is consistent with and maximizes the effect of this section.

NEW SECTION. Sec. 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."