S.B. 250

VETOES

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 3. 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unconstitutional, then such 3(b)(2)(ii) of Section 1 shall be deemed to be repealed in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this Act shall be deemed repealed, and 3(b)(2)(ii) of Section 1 of Chapter 169 of the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.
Neither any holding of unconstitutionality nor the repeal of 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, shall affect, impair, or invalidate any
other portion 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, or the application of such
Act to any other person or circumstance, and such remaining portions 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 at all times continue in full force and effect.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect June 1, 2004.

May 25, 2004

The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis, MD 21401

Dear Mr. President:

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