15.300 Tobacco Master Settlement Agreement Compliance Advisory Board -- Members -- Organization -- Duties -- Duties of Attorney General.
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15.300 Tobacco Master Settlement Agreement Compliance Advisory Board --
Members -- Organization -- Duties -- Duties of Attorney General.
(1) 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 <br>Number 98-CI-01579, Franklin Circuit Court.
(2) 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 <br>as follows: <br>(a) The Attorney General, or the Attorney General's designee; <br>(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; <br>(d) The secretary of the Public Protection Cabinet, or the secretary's designee; and <br>(e) Two (2) citizens at large appointed by the Attorney General.
(3) 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 <br>terms on the board.
(4) 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 <br>necessary expenses incurred in serving on the board.
(5) 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 <br>adopt reporting forms, which shall be developed in consultation with participating <br>agencies.
(6) 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 <br>Beverage Control in the Public Protection Cabinet, and the Department of <br>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 <br>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 <br>agencies.
(7) 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 <br>responsible for identifying and reporting possible violations of the consent <br>order;
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(b) Determine eligible compliance training costs and seek reimbursement for the
costs; and
(c) Notify the appropriate tobacco manufacturer, in writing, of any alleged
violation of the consent order and request a response and, if applicable, a <br>corrective action plan within thirty (30) days from the date of the notice. If the <br>manufacturer fails to respond or to satisfactorily resolve the matter, the board <br>shall review the matter at its next meeting and may refer the matter to the <br>Office of the Attorney General for enforcement action, if warranted.
Effective: July 15, 2010 <br>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 <br>ch. 350, sec. 1, effective July 14, 2000.
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