59-14-609 - Effective dates for reporting -- Disgorgement of profits -- Recovery of costs.
59-14-609. Effective dates for reporting -- Disgorgement of profits -- Recovery ofcosts.
(1) The first report of the stamping agents required by this part are due by June 15, 2005. The first certifications of the tobacco product manufacturers required by this part are due June30, 2005. The directory required by this part shall be published by the commission no later thanAugust 30, 2005.
(2) In any action brought by the state to enforce this part, the state shall be entitled torecover the costs of investigation, expert witness fees, costs of the action, and reasonable attorneyfees.
(3) (a) If a court determines that a person has violated this part, the court shall order anyprofits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to theState Treasurer for deposit in the Tobacco Control Restricted Account which is created inSection 59-14-610.
(b) Unless otherwise expressly provided, the remedies or penalties provided by this partare cumulative to each other and to the remedies or penalties available under all other laws of thisstate.
Enacted by Chapter 204, 2005 General Session