HJR 12: Relating to federal claims against funds obtained by settlement of state tobacco litigation.

00HOUSE JOINT RESOLUTION NO. 12 01 Relating to federal claims against funds obtained by settlement of state tobacco 02 litigation. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 WHEREAS the State of Alaska settled its litigation against the tobacco industry on 05 November 23, 1998; and 06 WHEREAS the federal government has declined to bring its own lawsuit against the 07 tobacco industry; and 08 WHEREAS the federal government, through the Health Care Financing 09 Administration, has asserted that it is entitled to a significant share of the state settlement on 10 the basis that it represents the federal share of Medicaid costs; and 11 WHEREAS the federal government asserts that it is authorized and obligated, under 12 the Social Security Act, to collect its share of any settlement funds attributed to Medicaid; and 13 WHEREAS the state tobacco lawsuit was brought for violation of state law under state 14 law theories, and the state lawsuit did not make any federal claims; and

01 WHEREAS the state bore all the risk and expense in the litigation brought in state 02 court and settled without any assistance from the federal government; and 03 WHEREAS the state is entitled to all of the funds negotiated in the tobacco settlement 04 agreement without any federal claim; 05 BE IT RESOLVED that the Twenty-First Alaska State Legislature respectfully 06 requests the Congress to enact and the President to sign legislation to prohibit any federal 07 claim against money obtained by settlement of state tobacco litigation. 08 COPIES of this resolution shall be sent to the Honorable Bill Clinton, President of the 09 United States; to the Honorable Ted Stevens and the Honorable Frank Murkowski, U.S. 10 Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska 11 delegation in Congress.