§ 23-71-1 Legislative findings andpurpose. – (a) Cigarette smoking presents serious public health concerns to the state andto the citizens of the state. The surgeon general has determined that smokingcauses lung cancer, heart disease and other serious diseases, and that thereare hundreds of thousands of tobacco related deaths in the United States eachyear. These diseases most often do not appear until many years after the personin question begins smoking.
(b) Cigarette smoking also presents serious financialconcerns for the state. Under certain health care programs, the state may havea legal obligation to provide medical assistance to eligible persons for healthconditions associated with cigarette smoking, and those persons may have alegal entitlement to receive the medical assistance.
(c) Under these programs, the state pays millions of dollarseach year to provide medical assistance for these persons for health conditionsassociated with cigarette smoking.
(d) It is the policy of the state that financial burdensimposed on the state by cigarette smoking be borne by tobacco productmanufacturers rather than by the state to the extent that those manufacturerseither determine to enter into a settlement with the state or are foundculpable by the courts.
(e) On November 23, 1998, leading United States tobaccoproduct manufacturers entered into a settlement agreement, entitled the "MasterSettlement Agreement," with the state. The Master Settlement Agreementobligates these manufacturers, in return for a release of past, present, andcertain future claims against them as described in the settlement agreement, topay substantial sums to the state (tied in part to their volume of sales); tofund a national foundation devoted to the interests of public health; and tomake substantial changes in their advertising and marketing practices andcorporate culture, with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the state iftobacco product manufacturers who determine not to enter into a settlementcould use a resulting cost advantage to derive large, short term profits in theyears before liability may arise without ensuring that the state will have aneventual source of recovery from them if they are proven to have actedculpably. It is thus in the interest of the state to require that themanufacturers establish a reserve fund to guarantee a source of compensationand to prevent the manufacturers from deriving large, short term profits andthen becoming judgment proof before liability may arise.
§ 23-71-1 Legislative findings andpurpose. – (a) Cigarette smoking presents serious public health concerns to the state andto the citizens of the state. The surgeon general has determined that smokingcauses lung cancer, heart disease and other serious diseases, and that thereare hundreds of thousands of tobacco related deaths in the United States eachyear. These diseases most often do not appear until many years after the personin question begins smoking.
(b) Cigarette smoking also presents serious financialconcerns for the state. Under certain health care programs, the state may havea legal obligation to provide medical assistance to eligible persons for healthconditions associated with cigarette smoking, and those persons may have alegal entitlement to receive the medical assistance.
(c) Under these programs, the state pays millions of dollarseach year to provide medical assistance for these persons for health conditionsassociated with cigarette smoking.
(d) It is the policy of the state that financial burdensimposed on the state by cigarette smoking be borne by tobacco productmanufacturers rather than by the state to the extent that those manufacturerseither determine to enter into a settlement with the state or are foundculpable by the courts.
(e) On November 23, 1998, leading United States tobaccoproduct manufacturers entered into a settlement agreement, entitled the "MasterSettlement Agreement," with the state. The Master Settlement Agreementobligates these manufacturers, in return for a release of past, present, andcertain future claims against them as described in the settlement agreement, topay substantial sums to the state (tied in part to their volume of sales); tofund a national foundation devoted to the interests of public health; and tomake substantial changes in their advertising and marketing practices andcorporate culture, with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the state iftobacco product manufacturers who determine not to enter into a settlementcould use a resulting cost advantage to derive large, short term profits in theyears before liability may arise without ensuring that the state will have aneventual source of recovery from them if they are proven to have actedculpably. It is thus in the interest of the state to require that themanufacturers establish a reserve fund to guarantee a source of compensationand to prevent the manufacturers from deriving large, short term profits andthen becoming judgment proof before liability may arise.
§ 23-71-1 Legislative findings andpurpose. – (a) Cigarette smoking presents serious public health concerns to the state andto the citizens of the state. The surgeon general has determined that smokingcauses lung cancer, heart disease and other serious diseases, and that thereare hundreds of thousands of tobacco related deaths in the United States eachyear. These diseases most often do not appear until many years after the personin question begins smoking.
(b) Cigarette smoking also presents serious financialconcerns for the state. Under certain health care programs, the state may havea legal obligation to provide medical assistance to eligible persons for healthconditions associated with cigarette smoking, and those persons may have alegal entitlement to receive the medical assistance.
(c) Under these programs, the state pays millions of dollarseach year to provide medical assistance for these persons for health conditionsassociated with cigarette smoking.
(d) It is the policy of the state that financial burdensimposed on the state by cigarette smoking be borne by tobacco productmanufacturers rather than by the state to the extent that those manufacturerseither determine to enter into a settlement with the state or are foundculpable by the courts.
(e) On November 23, 1998, leading United States tobaccoproduct manufacturers entered into a settlement agreement, entitled the "MasterSettlement Agreement," with the state. The Master Settlement Agreementobligates these manufacturers, in return for a release of past, present, andcertain future claims against them as described in the settlement agreement, topay substantial sums to the state (tied in part to their volume of sales); tofund a national foundation devoted to the interests of public health; and tomake substantial changes in their advertising and marketing practices andcorporate culture, with the intention of reducing underage smoking.
(f) It would be contrary to the policy of the state iftobacco product manufacturers who determine not to enter into a settlementcould use a resulting cost advantage to derive large, short term profits in theyears before liability may arise without ensuring that the state will have aneventual source of recovery from them if they are proven to have actedculpably. It is thus in the interest of the state to require that themanufacturers establish a reserve fund to guarantee a source of compensationand to prevent the manufacturers from deriving large, short term profits andthen becoming judgment proof before liability may arise.
