ROBERT L. EHRLICH, JR., Governor                             Ch. 348

Section 1 2(j)

BY repealing and reenacting, with amendments,

Chapter 169 of the Acts of the General Assembly of 1999
Section 1 3(b)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Chapter 169 of the Acts of 1999, as amended by Chapter 141 of the Acts of

2001

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

2.    (j) (1) "Tobacco product manufacturer" means an entity that, after the date of
enactment of this Act, directly and not exclusively through any affiliate:

(i) manufactures cigarettes anywhere that the manufacturer
intends them to be sold in the United States, including cigarettes intended to be sold
in the United States through an importer (except where such importer is an original
participating manufacturer (as that term is defined in the Master Settlement
Agreement) that will be responsible for the payments under the Master Settlement
Agreement with respect to such cigarettes as a result of the provisions of subsection
II(mm) of the Master Settlement Agreement and that pays the taxes specified in
subsection II(z) of the Master Settlement Agreement, and provided that the
manufacturer of the cigarettes does not market or advertise the cigarettes in the
United States);

(ii) is the first purchaser anywhere for resale in the United States
of cigarettes manufactured anywhere that the manufacturer does not intend to be
sold in the United States; or

(iii) becomes a successor of an entity described in subparagraph (i)
or (ii) of this paragraph or paragraph (2) of this subsection.

(2) The term "tobacco product manufacturer" shall not include an
affiliate of a tobacco product manufacturer unless such affiliate itself falls within any
provisions of subparagraph (i), (ii), or (iii) of paragraph (1) of this subsection.

Chapter 169 of the Acts of 1999

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

3.    (b) (1) A tobacco product manufacturer that places funds into escrow in
accordance with subsection (a)(2) of this section shall receive the interest or other
appreciation on the funds as earned.

(2) The funds themselves shall be released from escrow only under the
following circumstances:

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