2006 Session

Budget Amendments - SB30 (Committee Approved)

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Tobacco Settlement Language (language only)

Item 48 #3s

Item 48 #3s

Executive Offices
Attorney General and Law, Department Of

Page 28, following line 30, insert:
"C.1. The Attorney General shall provide all non-participating manufacturers with the reports of their respective sales in the Commonwealth submitted to the Attorney General or the Tax Commissioner pursuant to statute.  All non-participating manufacturers shall be entitled to submit evidence of errors or inconsistencies in reported sales to the Attorney General for the purposes of determining the amount of excise tax payments or deposits into escrow.  Jurisdiction shall lie with the Circuit Court for the City of Richmond regarding unresolved disputes over the amounts of payment or deposits due from non-participating manufacturers.
2. The Attorney General shall require quarterly escrow payments by tobacco product manufacturers not participating in the Master Settlement Agreement that (i) are new market entrants; (ii) default on any governing provision of the Master Settlement, including, but not limited to, the making of escrow payments; or (iii) as determined by the Attorney General, pose a risk of not paying escrow in the future, taking into account any factors the Attorney General deems relevant, including the price charged  for the tobacco products expected to be insufficient to cover all federal and state obligations, manufacturing costs, and a profit."
Page 28, at the beginning of line 31, strike "C" and insert "D".

(This language clarifies the responsibilities of the Office of the Attorney General with respect to enforcement of the Tobacco Master Settlement Agreement.)