§ 24-3-3-14 — Certification of compliance with chapter; failure to make annual deposit

(a) Each tobacco product manufacturer that
elects to place funds into escrow under section 12(2) of this chapter
shall annually certify to the attorney general that it is in compliance
with this chapter. The attorney general may bring a civil action on
behalf of the state against any tobacco product manufacturer that fails
to place into escrow the funds required under section 12 and section 13
of this chapter. Any tobacco product manufacturer that fails in any year
to place into escrow the funds required under section 12(2) of this
chapter shall:
(1) Be required within fifteen (15) days to place sufficient funds
into escrow to bring it into compliance with this chapter. The
court, upon a finding of a violation of section 12(2) of this
chapter, may also impose a civil penalty to be paid to the state
general fund in an amount not to exceed five percent (5%) of the
amount improperly withheld from escrow per day of the violation
and in a total amount not to exceed one hundred percent (100%)
of the original amount improperly withheld from escrow.
(2) In the case of a knowing violation, be required within fifteen
(15) days to place sufficient funds into escrow to bring it into
compliance with section 12(2) of this chapter. The court, upon a
finding of a knowing violation of section 12(2) of this chapter,
may also impose a civil penalty to be paid to the state general
fund in an amount not to exceed fifteen percent (15%) of the
amount improperly withheld from escrow per day of the violation
and in a total amount not to exceed three hundred percent (300%)
of the original amount improperly withheld from escrow.
(3) In the case of a second knowing violation, be prohibited from
selling cigarettes to consumers within Indiana (whether directly
or through a distributor, retailer or similar intermediary) for a
period not to exceed two (2) years.
(b) Each failure to make an annual deposit required under section
12(2) of this chapter constitutes a separate violation.

Legislative History

As added by P.L.223-1999, SEC.1.