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15.300
Tobacco Master Settlement Agreement Compliance Advisory Board -Members -- Organization -- Duties -- Duties of Attorney General.
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As used in this section, "consent order" means the consent order of December 21,
1998, agreed to in Commonwealth of Kentucky v. Philip Morris Inc. et al., Docket
Number 98-CI-01579, Franklin Circuit Court.
There is created the Tobacco Master Settlement Agreement Compliance Advisory
Board in the Department of Law. The board shall be composed of six (6) members
as follows:
(a) The Attorney General, or the Attorney General's designee;
(b) The secretary of the Cabinet for Health and Family Services, or the secretary's
designee;
(c) The Commissioner of Agriculture, or the Commissioner's designee;
(d) The secretary of the Public Protection Cabinet, or the secretary's designee; and
(e) Two (2) citizens at large appointed by the Attorney General.
The citizen members of the board shall serve for terms of one (1) year and until
their successors are appointed. The citizen members shall be eligible for successive
terms on the board.
The board shall annually elect a member to serve as its chair and shall meet at least
quarterly on a date set by the board. Board members shall be reimbursed for
necessary expenses incurred in serving on the board.
The board may adopt rules governing the conduct of its meetings, the creation of
meeting agendas, and other procedural matters it deems necessary. The board may
adopt reporting forms, which shall be developed in consultation with participating
agencies.
The Office of the Attorney General shall:
(a) Enter into a memorandum of agreement with the Department of Public Health
of the Cabinet for Health and Family Services, the Department of Alcoholic
Beverage Control in the Public Protection Cabinet, and the Department of
Agriculture to identify and report possible violations of the consent order;
(b) Attempt to secure funding under the master settlement agreement to reimburse
the agencies specified in paragraph (a) of this subsection for any compliance
activity that they perform; and
(c) Provide necessary funding and staff for administrative expenses related to the
operation of the board. The board may request assistance from other state
agencies.
The Tobacco Master Settlement Agreement Compliance Advisory Board shall:
(a) Identify activities for which training is required for personnel of the state
agencies specified in paragraph (a) of subsection (6) of this section that are
responsible for identifying and reporting possible violations of the consent
order;
(b) Determine eligible compliance training costs and seek reimbursement for the
(c)
costs; and
Notify the appropriate tobacco manufacturer, in writing, of any alleged
violation of the consent order and request a response and, if applicable, a
corrective action plan within thirty (30) days from the date of the notice. If the
manufacturer fails to respond or to satisfactorily resolve the matter, the board
shall review the matter at its next meeting and may refer the matter to the
Office of the Attorney General for enforcement action, if warranted.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 15, effective July 15, 2010. -- Amended
2005 Ky. Acts ch. 99, sec. 80, effective June 20, 2005. -- Created 2000 Ky. Acts ch.
350, sec. 1, effective July 14, 2000.
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