HB 1948 -- Tobacco Master Settlement Agreement

Sponsor:  Curls

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

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

(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 also certify
that 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 provisions of the bill and to
provide other specified information;

(6)  Requires a tobacco manufacturer to update its list of brand
families 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, by July 1, 2011, the department director to
develop and 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 any required notification 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, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm