KRS § 15.300 — KY Code / Title III / Chapter 15 / Section 15.300
15.300 Tobacco Master Settlement Agreement Compliance Advisory Board -- Members -- Organization -- Duties -- Duties of Attorney General
Status: in_force

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

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

as follows:

(a) The Attorney General, or the Attorney General's designee;

(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;

(d) The secretary of the Public Protection Cabinet, or the secretary's designee; and

(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

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

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

adopt reporting forms, which shall be developed in consultation with participating

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

Beverage Control in the Public Protection Cabinet, and the Department of

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

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

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

responsible for identifying and reporting possible violations of the consent

order;

(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

corrective action plan within thirty (30) days from the date of the notice. If the

manufacturer fails to respond or to satisfactorily resolve the matter, the board

shall review the matter at its next meeting and may refer the matter to the

Office of the Attorney General for enforcement action, if warranted.