HB 1152 -- Tobacco Master Settlement Agreement

Sponsor:  Diehl

This bill changes the laws regarding the Tobacco Master
Settlement Agreement.  In its main provisions, the bill:

(1)  Incorporates provisions of the model complementary
enforcement legislation for the agreement by establishing certain
requirements for participating tobacco manufacturers and
nonparticipating tobacco manufacturers relating to the agreement
between various tobacco companies, the State of Missouri, 45
other states, the District of Columbia, and five United States
territories;

(2)  Requires all tobacco manufacturers whose cigarettes are sold
in Missouri to report and certify to the Director of the
Department of Revenue by April 30 of each year that they are in
compliance with the Tobacco Settlement Model Statute in Section
196.1003, RSMo, including all required quarterly installment
payments;

(3)  Requires participating manufacturers to include in its
certification a list of its brand families;

(4)  Requires nonparticipating manufacturers to submit a list of
its brand families, the number of units sold for each brand
family at any time during the preceding year, the name and
address of any other manufacturer of their brand families for the
preceding or current calendar year, as well as other information
required to verify compliance with the model statute;

(5)  Requires each nonparticipating manufacturer to further
certify it is registered to do business in the state or maintains
an agent within the state for the purpose of service of process
relating to the enforcement of the bill and provide other
specified information;

(6)  Requires all tobacco manufacturers to update their lists 30
days prior to any addition to or modification of its brand
families through a supplemental certification to the department
director;

(7)  Requires tobacco product manufacturers to maintain all
invoices and documentation of sales and other information relied
upon for certification for five years, unless otherwise required
by law to maintain the records longer;

(8)  Requires the department director by July 1, 2009, to make
available for public inspection or publish on the department's
web site a list of all tobacco product manufacturers that have
satisfied the certification requirements established in the bill;

(9)  Requires every licensed wholesaler to provide and update as
necessary an e-mail address to the department director for the
receipt of notifications as required by the bill and to submit
various reports and documents as required by the department; and

(10)  Establishes various penalties and actions that the Attorney
General and the department may impose and take for failure to
comply with the requirements of the bill.

The bill contains an emergency clause.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am