Review and approval of a summary statement prepared for the initiative petition submitted by Robert Hess regarding a proposed amendment to Chapters 149 and 196, Revised Statutes of Missouri (version 2).

SALUS ATTORNEY GENERAL OF MISSOURI JEFFERSON CITY CHRIS KOSTER P.O. Box 899 ATTORNEY GENERAL 65102 (573) 751-3321 January 9, 2012 OPINION LETTER NO. 32-2012 The Honorable Robin Carnahan Missouri Secretary of State James C. Kirkpatrick State Information Center 600 West Main Street Jefferson City, MO 65101 Dear Secretary Carnahan: This opinion letter responds to your request dated December 30, 2011, for our review under § 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Robert Hess regarding a proposed amendment to amend Chapters 149 and 196, Revised Statutes of Missouri (version 2). The proposed summary statement is as follows: Shall Missouri law be amended to: create the Health and Education Trust Fund with proceeds of a tax of $0.0365 per cigarette and 25% of the manufacturer's invoice price for roll-your-own tobacco and 15% for other tobacco products; use Fund proceeds to reduce and prevent tobacco use and for elementary, secondary, college, and university public school funding; and increase the amount that certain tobacco product manufacturers must maintain in their escrow accounts, to pay judgments or settlements, before OP-2011-0290 www.ago.mo.gov The Honorable Robin Carnahan Page 2 any funds in escrow can be refunded to the tobacco product manufacturer and create bonding requirements for these manufacturers? Pursuant to § 116.334, RSMo, we approve the legal content and form of the proposed statement. Because our review of the statement is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents. Very truly yours, Chi Kht CHRIS KOSTER Attorney General OP-2011-0290