2009 Louisiana Laws TITLE 13 Courts and judicial procedure :: RS 13:5075 Reporting of information; escrow installments

§5075.  Reporting of information; escrow installments

A.  Not later than twenty calendar days after the end of each calendar month, and more frequently if so directed by the secretary or the attorney general, each stamping agent shall submit such information as the secretary and attorney general require to facilitate compliance with this Part, including but not limited to a list by brand family of the total number of cigarettes, or, in the case of roll your own, the equivalent stick count, that they purchased from tobacco product  manufacturers during the previous calendar month or otherwise paid the tax due for such cigarettes.  The stamping agent shall maintain and make available to the secretary and the attorney general all invoices and documentation of purchases and sales of all tobacco product manufacturer cigarettes and any other information relied upon in reporting to the secretary and the attorney general for a period of three years.

B.  The secretary is authorized to disclose to the attorney general any information received under this Part and requested by the attorney general for purposes of determining compliance with and enforcing the provisions of this Part.  The secretary and attorney general shall share with each other the information received under this Part and may share such information with other federal, state, or local agencies only for purposes of enforcement of this Part, R.S. 13:5061 et seq., or corresponding laws of other states.  Additionally, the sharing of information by the secretary under this Part shall not constitute a violation of R.S. 47:1508.

C.  The attorney general may require at any time from the nonparticipating manufacturer, proof from the financial institution in which such manufacturer has established a qualified escrow fund for the purpose of compliance with R.S. 13:5061 et seq., of the amount of money in such fund, exclusive of interest, the amount and date of each deposit to such fund, and the amount and date of each withdrawal from such fund.

D.  In addition to the information required to be submitted pursuant to this Part and R.S. 13:5061 et seq. or R.S. 47:843 et seq., the secretary and the attorney general may require a stamping agent or tobacco product manufacturer to submit any additional information including but not limited to samples of the packaging or labeling of each brand family, as is necessary to enable the attorney general to determine whether a tobacco product manufacturer is in compliance with this Part.

E.  To promote compliance with this Part, the attorney general may require a tobacco product manufacturer subject to the requirements of R.S. 13:5073(A)(2) to make the escrow deposits required in annual, quarterly, or monthly installments during the year in which the sales covered by such deposits are made.  The secretary and the attorney general may require production of information sufficient to enable the attorney general to determine the adequacy of the amount of the installment deposit.

Acts 2004, No. 544, §1, eff. June 25, 2004.