Section 45.53.020. Requirements.

   (a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after June 4, 1999, shall do one of the following:
        (1) become a participating manufacturer, as that term is defined in sec. 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 by April 15 of the year following each listed calendar year the following amounts, as such amounts are adjusted for inflation:
             (A) for 1999, $.0094241 per unit sold on or after June 4, 1999, but before January 1, 2000;
             (B) for 2000, $.0104712 per unit sold during that year;
             (C) for each of 2001 and 2002, $.0136125 per unit sold during the year in question;
             (D) for each of 2003 through 2006, $.0167539 per unit sold during the year in question;
             (E) for each of 2007 and each year thereafter, $.0188482 per unit sold during the year in question.
   (b) A tobacco product manufacturer that places money into escrow under (a)(2) of this section is entitled to receive the interest or other appreciation on such money as earned. Such money itself shall be released from escrow only under the following circumstances:
        (1) to pay a judgment or settlement on a released claim brought against such tobacco product manufacturer by this state or a releasing party located or residing in this state; the funds shall be released from escrow under this paragraph in the order in which they were placed into escrow and only to the extent and at the time necessary to make payments required under the judgment or settlement;
        (2) to the extent that the tobacco product manufacturer establishes that the amount that it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined under sec. IX(i) of the Master Settlement Agreement, including, after final determination of all adjustments, payments that the manufacturer would have been required to make on account of those units had it been a participating manufacturer, the excess shall be released from escrow and revert back to that tobacco product manufacturer; or
        (3) to the extent not released from escrow under (1) or (2) of this subsection, funds placed into escrow shall be released from escrow and revert back to the tobacco product manufacturer 25 years after the date on which they were placed into escrow.
   (c) To be a qualified escrow fund under this section, the
        (1) fund must be an escrow fund governed by an escrow arrangement with a federally or state chartered financial institution having no affiliation with a tobacco product manufacturer and having assets of at least $1,000,000,000; and
        (2) escrow arrangements described in (1) of this subsection must
             (A) require that the financial institution hold the principal of the escrow fund for the benefit of releasing parties; and
             (B) prohibit the tobacco product manufacturer that places money into the escrow fund from using, accessing, or directing the use of the principal of the fund except as consistent with this section.

Authorities

45.53.030;45.53.040;45.53.100

Notes

References

AS 45.53.030 Regulations.
AS 45.53.040 Certification of compliance; civil actions.
AS 45.53.100 Definitions.

History

(Sec. 2 ch 46 SLA 1999; am Sec. 38 ch 1 FSSLA 2004)