Ch. 348

2004 LAWS OF MARYLAND

(i) 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 be released from escrow under this
subparagraph:

1.       in the order in which they were placed into escrow; and

2.       only to the extent and at the time necessary to make
payments required under such judgment or settlement; or

(ii) 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 ON ACCOUNT OF SUCH UNITS SOLD had it been a
participating manufacturer, the excess shall be released from escrow and revert back
to such tobacco manufacturer; or

(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 such tobacco product manufacturer 25 years after the date
on which they were placed into escrow.

SECTION 2. AND BE IT FURTHER ENACTED, That if any provision of this
Act or the application thereof to any person or circumstance is held invalid for any
reason in a court of competent jurisdiction, the invalidity does not affect other
provisions or any other application of this Act which can be given effect without the
invalid provision or application, and for this purpose the provisions of this Act are
declared severable. Furthermore, if any provision of this Act or the application thereof
to any person or circumstance places the State out of compliance with the Master
Settlement Agreement or adversely impacts the State's payments under the Master
Settlement Agreement, this Act shall be abrogated and of no further force and effect.

SECTION 2. AND BE IT FURTHER ENACTED, That if this Act, or any portion
of the amendment to 3(b)(2)(ii) of Section 1 of Chapter 169 of the Acts of the General
Assembly of 1999, as amended by Chapter 141 of the Acts of the General Assembly of
2001, made by this Act, is held by a court of competent jurisdiction to be
unconstitutional, then such 3(b)(2)(ii) of Section 1 shall be deemed to be repealed in
its entirety. If 3(b)(2) of Section 1 of Chapter 169 of the Acts of the General Assembly
of 1999, as amended by Chapter 141 of the Acts of the General Assembly of 2001, shall
thereafter be held by a court of competent jurisdiction to be unconstitutional, then
this Act shall be deemed repealed, and 3(b)(2)(ii) of Section 1 of Chapter 169 of the
Acts of the General Assembly of 1999, as amended by Chapter 141 of the Acts of the
General Assembly of 2001, be restored as if no such amendments had been made.

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