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 1X(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 shall be released from escrow and revert back to such tobacco manufacturer; or

(3) To (iii) to the extent funds are not released from escrow under
subparagraph (i) or (ii) of paragraph (2) of this subsection, funds shall be released
from escrow, and revert to the such tobacco product manufacturer 25 years after the
date on which they were placed into escrow.

(c) (1) A Each tobacco product manufacturer that elects to place funds into
escrow under pursuant to subsection (a)(2) of this section shall annually certify to the
Attorney General that it is in compliance with this section § 3(a)(2) and (b).

(2) 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 this section.

(3) (i) Any tobacco product manufacturer that fails in any year to
place into escrow the funds required under this section shall be required within 15
days to place the such funds into escrow to as will bring the manufacturer into
compliance with this section.

(ii) The court, upon a finding of a violation of this section § 3(a)(2)
or (b), may impose a civil penalty, to be paid to the General Fund of the State:

1. in an amount not to exceed 5 percent of the amount
improperly withheld from escrow per day of the violation; and

2. in a total amount not to exceed 100 percent of the original
amount improperly withheld from escrow.

(4) (i) If a tobacco product manufacturer has knowingly violated this
section § 3(a)(2) or (b), the manufacturer shall be required within 15 days to place the
such funds into escrow to as will bring it into compliance with this section.

(ii) Upon a finding of a knowing violation of this section § 3(a)(2) or
(b), the court may impose a civil penalty, to be paid to the General Fund of the State:

1. in an amount not to exceed 15 percent of the amount
improperly withheld from escrow per day of the violation; and

2. in a total amount not to exceed 300 percent of the original
amount improperly withheld from escrow.

(5) In the case of a second knowing violation of this section § 3(a)(2) or
(b), the tobacco product manufacturer shall be prohibited from selling cigarettes to
consumers within the State, whether directly or through a distributor, retailer, or
similar intermediary or intermediaries, for a period not to exceed 2 years.