CHAPTER 435
H.P. 1104 - L.D. 1511
An Act To Make Technical Changes to the Laws Concerning Tobacco Manufacturers
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1580-H, sub-§10, as enacted by PL 1999, c. 401, Pt. U, §1 and affected by §2, is amended to read:
10. "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary of or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs bearing the excise tax stamp of the State or "roll-your-own" tobacco containers. The Department of Administrative and Financial Services, Bureau of Revenue Services, shall promulgate such Attorney General may adopt rules as are necessary to obtain information from any tobacco product retailer, distributor or manufacturer, to ascertain the amount of state excise tax paid on tobacco products of each tobacco product manufacturer for each year. Rules established pursuant to this section are routine technical rules, as provided in Title 5, Chapter chapter 375, subchapter II-A 2-A. Notwithstanding any other provision of law, the Bureau of Revenue Services may provide information obtained pursuant to this section to the Attorney General as is necessary for a tobacco product manufacturer to compile its escrow payment hereunder. In addition, the Department of the Attorney General shall have the authority to may subpoena the records of any tobacco product retailer, distributor, or manufacturer, to enforce this Act.
Sec. 2. 22 MRSA §1580-I, sub-§2, ¶A, as enacted by PL 1999, c. 401, Pt. U, §1 and affected by §2, is amended to read:
A. A tobacco product manufacturer that places funds into escrow pursuant to this subsection shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall must be released from escrow only under the following circumstances--:
(1) to pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State or any releasing party located or residing in the State. Funds shall must be released from escrow under this subparagraph:
(a) in the order in which they were placed into escrow; and
(b) only to the extent and at the time necessary to make payments required under such judgment or settlement;
(2) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the State in a particular year was greater than the State's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that agreement including after final determination of all adjustments, that such manufacturer would have been required to make an account of such units sold had it been a participating manufacturer, the excess shall must be released from escrow and revert back to such tobacco product manufacturer. If a court of competent jurisdiction holds that this subparagraph is unconstitutional, then this subparagraph is deemed repealed; or
(2-A) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the State's allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(i)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(i)(3) of that Agreement other than the Inflation Adjustment) had it been a participating manufacturer, the excess must be released from escrow and revert back to such tobacco product manufacturer. This subparagraph takes effect only if, following the repeal of subparagraph (2), as described therein, a court of competent jurisdiction holds that paragraph A is unconstitutional; or
(3) to the extent not released from escrow under subparagraph (1) or (2), funds shall must be released from escrow and revert back to such tobacco product manufacturer twenty-five 25 years after the date on which they were placed into escrow.
Effective September 13, 2003, unless otherwise indicated.
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