SB 490 - This act incorporates provisions of the model complementary enforcement legislation for the master settlement 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 U. S. territories.
All tobacco manufacturers whose cigarettes are sold in Missouri are required to report and certify to the attorney general's office by April 30th of each year that they are in compliance with the Tobacco Settlement Model Statute currently in Missouri law. In addition to the certification, participating manufacturers must also provide a list of "brand families" of cigarette types.
Nonparticipating manufacturers must submit their brand families, the number of units sold for each 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. Each nonparticipating manufacturer must 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 act.
All tobacco manufacturers must update their lists thirty days prior to any addition to, or modification of, its brand families through a supplemental certification to the attorney general. Tobacco product manufactures must maintain all invoices and documentation of sales and other such information relied upon for certification for a period of five years, unless otherwise required by law to maintain such records for a longer period of time.
By July 1, 2010, the Director of the Department of Revenue must 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 act.
Stamping agents (persons authorized to affix cigarette tax stamps to cigarette packages) are required to submit to the director an e-mail address for the receipt of notifications as required by the bill and to submit various reports and documents as required by the department.
Various penalties and actions for failure to comply with the requirements of the act are included. The act contains an emergency clause.
This act is similar to the senate committee substitute for Senate Bill 242 (2007).