S.C. expects to
take on 'big tobacco'
By Jim
Davenport Associated
Press
COLUMBIA - South Carolina, like many
other states, expects to spend more than $1 million in a legal fight
with cigarette companies who want to cut tobacco settlement
payments.
The 1998 settlement called for the nation's largest tobacco
companies to pay $206 billion to 46 states, including about $77
million each year to South Carolina. Now the companies are
considering reducing the settlement payments, which could leave
South Carolina without $14 million it was expecting next month.
The settlement protected the companies from future financial
losses by allowing them to reduce payments if new, smaller companies
began taking too much of the market share, state Attorney General
Henry McMaster said Tuesday.
A report due Monday will say if that has happened, McMaster said.
States are expecting $6 billion by April 17, but they are worried
the companies will withhold about $1 billion.
"We're in a position now where we have the big tobacco companies
on the verge of withholding payment," McMaster said.
David Howard, a spokesman for R.J. Reynolds, wouldn't confirm how
much tobacco companies may hold back, but he said challenging the
payments is "something we are allowed to do."
The fight "will require lawyers," McMaster said. "This is one of
those kinds of cases where we need to go outside and hire counsel
and pay them to bring the lawsuit against big tobacco."
If there is a lawsuit, it would cost $300,000 this year and
$900,000 in the next fiscal year, which begins July 1, McMaster
said.
Other states expect to spend that kind of money, too, said John
Dalporto, a senior assistant to West Virginia Attorney General
Darrell V. McGraw Jr.
"Every state will be hit if the tobacco companies don't pay the
entire amount" on April 17, Dalporto said. "Everybody is pretty much
on notice that, number one, they may have a shortfall and number
two, if they have shortfall, there could be significant litigation
expense."
Those lawsuits would play out in each state, not a single
courtroom, Dalporto said.
And they could dent state budgets.
For instance, West Virginia Gov. Joe Manchin diverted tax
revenues in his proposed budget to cover $10.2 million that could be
lost from a reduction in settlement money. Those funds help pay for
workers' compensation and state-run hospitals.
In the short run, South Carolina's taxpayers wouldn't be hit by
the loss because the state sold $912 million in bonds.
The bonds, backed by 25 years of tobacco settlement payments
worth $2.3 billion, are supposed to leave bondholders bearing the
risk of lower payments.
The state has a reserve fund set up that could help cover those
losses, McMaster said.
While McMaster said South Carolina has upheld its part of the
agreement, he says more needs to be done.
He received approval from a tobacco settlement panel to spend
$340,000 to help make sure small tobacco companies aren't skirting
laws aimed at protecting larger tobacco companies from
competition.
Part of that money will hire two State Law Enforcement Division
field investigators to determine if illegal cigarettes are being
sold. |