Bill Allowing Individual Tobacco Lawsuits Sent to Wilson

Legislation enabling Californians to file personal injury lawsuits against the tobacco industry for smoking-related illnesses was sent to Gov. Pete Wilson on Monday.

But a Wilson spokesman said the Republican governor had not decided whether to sign or veto the bill.

The legislation, by Sen. Quentin Kopp (I-San Francisco), would drop tobacco from a 1987 law that bars product liability lawsuits against manufacturers and sellers of products that are commonly known to be inherently unsafe.

Wilson has already signed into law a bill by Assembly Speaker Cruz Bustamante (D-Fresno) that stipulates that the 1987 law does not bar the state from filing a suit seeking reimbursement for the cost of treating indigent Californians for tobacco-related illnesses.

California is one of 40 states that have sued tobacco companies over health costs. The suits have produced a proposed $360-billion settlement that would provide unprecedented restrictions on cigarettes in exchange for sharp limits on tobacco makers’ liability in lawsuits.

Spokesman Steve Tatum said Wilson wanted to review the proposed settlement, which needs approval from Congress to take effect, before deciding whether to veto or sign the Kopp bill.

“The governor has not taken a position on the bill,” said Steve Tatum. “We’re in the process of analyzing the federal settlement and as soon as this bill hits our desk, we will then compare how the federal settlement impacts this bill to determine how overall it would then impact California.”

The bill cleared the Legislature on Monday after the Senate voted 29 to 10 to approve Assembly amendments to the bill. There was no debate.

That was in contrast to the bill’s struggles in the Assembly, where it was rejected once before passing last week by a 42-19 vote, one more than the bare majority needed for approval in the 80-seat house.

Supporters said Kopp’s bill was essential for Californians to participate in the pending settlement, which would bar future class-action lawsuits against tobacco companies, but would allow suits filed by individuals.