ASSEMBLY CLEARS WAY FOR STATE SUITS AGAINST TOBACCO COMPANIES.

Byline: Rich Harris Associated Press 

The state Assembly on Thursday passed a bill that removes any obstructions, real or imagined, to the state filing a lawsuit against tobacco companies to recover the costs of treating smoking-related illnesses.

California's Republican attorney general, Dan Lungren, has said a 1987 product liability law prohibits him from joining 22 other states that have sued cigarette manufacturers.

The 1987 law exempts from liability the manufacturer of a product that ``is inherently unsafe and is known to be unsafe by the ordinary consumer'' and specifically mentions tobacco.

The legislation approved by the Assembly on Thursday by a 59-11 vote clarifies that law to say that the immunity does not apply in suits which are brought by public entities.

The bill, by Assembly Speaker Cruz Bustamante, D-Fresno, was softened to remove a dig at Lungren for his ``misinterpretation'' of the immunity law.

However, there remains a reference to a ``difference of opinion over whether or not there is a need for the law to be clarified,'' Bustamante said.

``The attorney general has requested a clarification, and it's up to us to make sure we provide it,'' he said.

The bill passed with generally bipartisan support, but not before several Republicans spoke in sharp opposition.

Because the legislation states that it is not changing the law, merely clarifying it, it will not only open the door to current and future lawsuits, but also for anyone who has smoked in the past, said Assemblyman Bill Morrow, R-Oceanside.

``We are, in effect, changing the rules in the middle of the game and saying that these new rules applied from the beginning of the game,'' he said. ``All the damages way back to 1987 and beyond can be litigated, and that ain't fair, folks.''

Morrow also argued that it was unfair to single out the tobacco industry.

``That's what it is today. For now. But once you've torn down the mantle of freedom and castigated the law, it's easier to do it a second time,'' he said. ``Beware, any manufacturer of any product with killer cholesterol, dairy products, alcohol, because next time we're going to come after your rights.''

Assemblywoman Diane Martinez, D-Alhambra, said tobacco companies have long known that smoking was addictive, yet hid that information from smokers.

``Mr. Morrow makes a lot of very good, lawyer-type arguments, and right now is one of those moments when I am grateful I am not a lawyer,'' Martinez said.

``What you are saying is, according to the law, the tobacco industry can knowingly kill thousands of people, and that's OK; they can deprive people of their health and that's OK,'' she said.

The newly married Martinez became emotional as she spoke of her husband's attempts to quit smoking.

``He's got patches, he's seen doctors, he's tried everything. This man is addicted to smoking,'' she said.

``I would like to see him live to a ripe old age. But I'll tell you what: I don't think I'm going to get that opportunity, because he's addicted to smoking,'' she said, her voice cracking.

``You want to talk about what's fair, Mr. Morrow? This isn't about what's fair to big businesses. This is an issue about what's fair to human beings.''

The bill moves to the Senate, which is considering similar legislation of its own. The Senate bill, however, would not take effect until next year; critics fear that will be too late for the state to become involved in the rapidly changing case.