50-6a11. Disclosure of information, between director, attorney general, tobacco product manufacturer and stamping agent, confidentiality.
50-6a11
50-6a11. Disclosure of information, betweendirector, attorney general, tobacco product manufacturer and stamping agent,confidentiality.(a) The director is authorized to disclose to the attorneygeneral any information received under this act, as requested by the attorneygeneral for purposes of determining compliance with or enforcing the provisionsof this act. The director and attorney general shall share with each otherinformation received under this act and the director and the attorney generalmay share such information with federal agencies, attorneys general of otherstates or directors of taxation or their equivalents of other states, forpurposes of enforcement of this act, the corresponding federal laws or thecorresponding laws of other states.
(b) Except as otherwise provided, any information provided to the attorneygeneral or director for purposes of enforcement of this act may be sharedbetween the attorney general and the director and shall not be disclosedpublicly by the attorney general or the director except when necessary tofacilitate compliance with and enforcement of this act.
(c) On a quarterly basis, and upon request made in writing by a tobaccoproduct manufacturer, the attorney general or the director may provide the nameof any stamping agent who reports selling the tobacco product manufacturer'sproducts.
(d) On a quarterly basis, and upon request made in writing by a tobaccoproduct manufacturer, a stamping agent shall provide to the requesting tobaccoproduct manufacturer the total number of cigarettes, by brand family, which thestamping agent reported to the attorney general or director pursuant to K.S.A.2009 Supp. 50-6a10, and amendments thereto, provided that such informationprovided by the stampingagent to a tobacco product manufacturer shall be limited to the brand familiesof thatmanufacturer as listed in the directory established in subsection (b) of K.S.A.50-6a04, and amendments thereto.
(e) Unless disclosure is authorized under this section, all informationobtained by the director and disclosed to the attorney general or shared withfederal agencies, attorneys general of other states or directors of taxation ortheir equivalents of other states for purposes of enforcement of this act, thecorresponding federal laws or the corresponding laws of other states, shall beconfidential. The penalties provided under K.S.A. 75-5133, and amendmentsthereto, shall not apply when information is lawfully disclosed pursuant tothis section.
History: L. 2009, ch. 110, § 4; July 1.