SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 3032 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted


H. B. 3032


(By Mr. Speaker, Mr. Kiss)
[Introduced March 28, 2001; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section one, article eleven-a, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto two new sections, designated sections four and five, all relating to providing a limit on the maximum appeal bond that can be required in litigation in which an appellant is a signatory to a tobacco settlement; and providing for applicability.

Be it enacted by the Legislature of West Virginia:
That section one, article eleven-a, chapter four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto two new sections, designated sections four and five, all to read as follows:
ARTICLE 11A. LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT FUNDS
§4-11A-1. Legislative findings and purpose.
(a) On the twenty-third day of November, one thousand nine hundred ninety-eight, tobacco product manufacturers entered into a settlement agreement with the state. This "master settlement agreement" releases those manufacturers from past, present and specific future claims against them in return for payment of annual sums of money to the state, obligates the manufacturers to change their advertising and marketing practices, and requires the establishment by the manufacturers of a national foundation for the interests of public health.
(b) The revenues received pursuant to the master settlement agreement are directly related to the past, present and future costs incurred by the state for the treatment of tobacco related illnesses. The purpose of this article is to preserve the revenues received from the settlement.
(c) The receipt of funds in accordance with the master settlement agreement shall be deposited only in accordance with the provisions of this article.
(d) West Virginia receives approximately seventy million dollars in revenue each year under the terms of the master settlement agreement with the tobacco manufacturers. This revenue is used to fund programs of vital importance to the people of West Virginia, and the Legislature finds that it is in the best interest of the people of this state to protect these revenues.
§4-11A-4. Limitation on appeal bond.
The bond an appellant, that is a signatory or a successor to a signatory of the master settlement agreement, may be required to post to stay execution on a judgment during an appeal in any cause of action shall be determined in accordance with section fourteen, article five, chapter fifty-eight of this code and the West Virginia rules of civil procedure: Provided, That an appeal bond may not exceed twenty-five million dollars.
§4-11A-5.Applicability.
The provisions of this article apply to any action which is pending in the courts of this state on the effective date of this article, and to any action which is filed in this state on or after the effective date.


NOTE: The purpose of this bill is to protect the State's stream of revenue from tobacco companies under the master settlement agreement and related settlement agreements by placing a limit on the maximum appeal bond that must be posted by the tobacco companies to stay execution on a judgment during the pendency of an appeal.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§§4-11A-4 & 5 are new; therefore, strike-throughs and underscoring have been omitted.




This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print