Sec. 4-28i. Regulation of certain cigarette manufacturers under tobacco settlement agreement: Escrow funds.
Sec. 4-28i. Regulation of certain cigarette manufacturers under tobacco settlement agreement: Escrow funds. (a) Any tobacco product manufacturer selling cigarettes to consumers within this state, whether directly or through a distributor, dealer
or similar intermediary or intermediaries, after July 1, 2000, shall (1) become a participating manufacturer, as the term is defined in section II(jj) of the Master Settlement
Agreement, and generally perform its financial obligations under the Master Settlement
Agreement; or (2) place into a qualified escrow fund not later than April fifteenth of
the year following the year in question the following amounts, as adjusted for inflation:
For calendar year 2000, $.0104712 per unit sold after July 1, 2000; for each of calendar
years 2001 and 2002, $.0136125 per unit sold; for each of calendar years 2003 through
2006, $.0167539 per unit sold; for calendar year 2007 and for each calendar year thereafter, $.0188482 per unit sold.
(b) A tobacco product manufacturer that places funds into escrow pursuant to subsection (a) of this section shall receive the interest, or other appreciation on such funds,
as earned. Such funds shall be released from escrow only (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 be released
from escrow under this subdivision in the order in which the funds were placed into
escrow and only to the extent and at such time as is 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 this state in a particular year was greater than the Master Settlement Agreement
payments, as determined pursuant to section IX(i) of said agreement including after
final determinations 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 product manufacturer; or
(3) to the extent not released from escrow under subdivision (1) or (2) of this subsection,
funds shall be released from escrow and revert back to such tobacco product manufacturer twenty-five years after the date on which such funds were placed into escrow.
(P.A. 00-208, S. 2, 4; P.A. 01-2, S. 1, 4; P.A. 04-218, S. 9.)
History: P.A. 00-208 effective July 1, 2000; P.A. 01-2 amended Subsec. (a) to provide for deposit into the escrow fund
not later than April fifteenth of the year following the year in question, effective March 30, 2001; P.A. 04-218 amended
Subsec. (b) to add provisions re release of escrow funds if manufacturer establishes that amount placed in escrow on
account of units sold in this state exceeds the Master Settlement Agreement payments, effective July 1, 2004.