§ 23-71-2 Definitions. – (a) "Adjusted for inflation" means increased in accordance with the formula forinflation adjustment set forth in exhibit C to the Master Settlement Agreement.
(b) "Affiliate" means a person who directly or indirectlyowns or controls, is owned or controlled by, or is under common ownership orcontrol with, another person. Solely for purposes of this definition, the terms"owns," "is owned", and "ownership" mean ownership of an equity interest or theequivalent of an equity interest of ten percent (10%) or more, and the term"person" means an individual, partnership, committee, association, corporation,or any other organization or group of persons.
(c) "Allocable share" means allocable share as that term isdefined in the Master Settlement Agreement.
(d) "Cigarette" means any product that contains nicotine, isintended to be burned or heated under ordinary conditions of use, and consistsof or contains: (1) any roll of tobacco wrapped in paper or in any substancenot containing tobacco; (2) tobacco, in any form, that is functional in theproduct, which, because of its appearance, the type of tobacco used in thefiller, or its packaging and labeling, is likely to be offered to, or purchasedby, consumers as a cigarette; or (3) any roll of tobacco wrapped in anysubstance containing tobacco which, because of its appearance, the type oftobacco used in the filler, or its packaging and labeling, is likely to beoffered to or purchased by, consumers as a cigarette described in clause (1) ofthis definition. The term "cigarette" includes "roll your own" (i.e., anytobacco which, because of its appearance, type, packaging, or labeling issuitable for use and likely to be offered to or purchased by, consumers astobacco for making cigarettes). For purposes of this definition of "cigarette,"0.09 ounces of "roll your own" tobacco constitutes one individual "cigarette."
(e) "Master Settlement Agreement" means the settlementagreement (and related documents) entered into on November 23, 1998, by thestate and leading United States tobacco product manufacturers.
(f) "Qualified escrow fund" means an escrow arrangement witha federally or state chartered financial institution having no affiliation withany tobacco product manufacturer and having assets of at least one billiondollars ($1,000,000,000) where the arrangement requires that the financialinstitution hold the escrowed funds' principal for the benefit of releasingparties and prohibits the tobacco product manufacturer placing the funds intoescrow from using, accessing, or directing the use of the funds' principalexcept as consistent with § 23-71-3.
(g) "Released claims" means released claims as that term isdefined in the Master Settlement Agreement.
(h) "Releasing parties" means releasing parties as that termis defined in the Master Settlement Agreement.
(i) "Tobacco product manufacturer" means an entity that afterthe date of enactment of this chapter directly (and not exclusively through anyaffiliate):
(i) Manufactures cigarettes anywhere that the manufacturerintends to be sold in the United States, including cigarettes intended to besold in the United States through an importer, except where the importer is anoriginal participating manufacturer as that term is defined in the MasterSettlement Agreement that will be responsible for the payments under the MasterSettlement Agreement with respect to the cigarettes as a result of theprovisions of subsection II(mm) of the Master Settlement Agreement and thatpays the taxes specified in subsection II(z) of the Master SettlementAgreement, and provided that the manufacturer of the cigarettes does not marketor advertise the cigarettes in the United States;
(ii) Is the first purchaser anywhere for resale in the UnitedStates of cigarettes manufactured anywhere that the manufacturer does notintend to be sold in the United States; or
(iii) Becomes a successor of an entity described insubdivision (i) or (ii).
(2) The term "tobacco product manufacturer" does not includean affiliate of a tobacco product manufacturer unless the affiliate itselffalls within any of (a)(1)(i) – (iii).
(j) "Units sold" means the number of individual cigarettessold in the state by the applicable tobacco product manufacturer (whetherdirectly or through a distributor, retailer or similar intermediary orintermediaries) during the year in question, as measured by excise taxescollected by the state on packs (or "roll your own" tobacco containers) bearingthe excise tax stamp of the state or unstamped roll your own containers. Thedivision of taxation shall promulgate any regulations that are necessary toascertain the amount of state excise tax paid on the cigarettes of the tobaccoproduct manufacturer for each year.
§ 23-71-2 Definitions. – (a) "Adjusted for inflation" means increased in accordance with the formula forinflation adjustment set forth in exhibit C to the Master Settlement Agreement.
(b) "Affiliate" means a person who directly or indirectlyowns or controls, is owned or controlled by, or is under common ownership orcontrol with, another person. Solely for purposes of this definition, the terms"owns," "is owned", and "ownership" mean ownership of an equity interest or theequivalent of an equity interest of ten percent (10%) or more, and the term"person" means an individual, partnership, committee, association, corporation,or any other organization or group of persons.
(c) "Allocable share" means allocable share as that term isdefined in the Master Settlement Agreement.
(d) "Cigarette" means any product that contains nicotine, isintended to be burned or heated under ordinary conditions of use, and consistsof or contains: (1) any roll of tobacco wrapped in paper or in any substancenot containing tobacco; (2) tobacco, in any form, that is functional in theproduct, which, because of its appearance, the type of tobacco used in thefiller, or its packaging and labeling, is likely to be offered to, or purchasedby, consumers as a cigarette; or (3) any roll of tobacco wrapped in anysubstance containing tobacco which, because of its appearance, the type oftobacco used in the filler, or its packaging and labeling, is likely to beoffered to or purchased by, consumers as a cigarette described in clause (1) ofthis definition. The term "cigarette" includes "roll your own" (i.e., anytobacco which, because of its appearance, type, packaging, or labeling issuitable for use and likely to be offered to or purchased by, consumers astobacco for making cigarettes). For purposes of this definition of "cigarette,"0.09 ounces of "roll your own" tobacco constitutes one individual "cigarette."
(e) "Master Settlement Agreement" means the settlementagreement (and related documents) entered into on November 23, 1998, by thestate and leading United States tobacco product manufacturers.
(f) "Qualified escrow fund" means an escrow arrangement witha federally or state chartered financial institution having no affiliation withany tobacco product manufacturer and having assets of at least one billiondollars ($1,000,000,000) where the arrangement requires that the financialinstitution hold the escrowed funds' principal for the benefit of releasingparties and prohibits the tobacco product manufacturer placing the funds intoescrow from using, accessing, or directing the use of the funds' principalexcept as consistent with § 23-71-3.
(g) "Released claims" means released claims as that term isdefined in the Master Settlement Agreement.
(h) "Releasing parties" means releasing parties as that termis defined in the Master Settlement Agreement.
(i) "Tobacco product manufacturer" means an entity that afterthe date of enactment of this chapter directly (and not exclusively through anyaffiliate):
(i) Manufactures cigarettes anywhere that the manufacturerintends to be sold in the United States, including cigarettes intended to besold in the United States through an importer, except where the importer is anoriginal participating manufacturer as that term is defined in the MasterSettlement Agreement that will be responsible for the payments under the MasterSettlement Agreement with respect to the cigarettes as a result of theprovisions of subsection II(mm) of the Master Settlement Agreement and thatpays the taxes specified in subsection II(z) of the Master SettlementAgreement, and provided that the manufacturer of the cigarettes does not marketor advertise the cigarettes in the United States;
(ii) Is the first purchaser anywhere for resale in the UnitedStates of cigarettes manufactured anywhere that the manufacturer does notintend to be sold in the United States; or
(iii) Becomes a successor of an entity described insubdivision (i) or (ii).
(2) The term "tobacco product manufacturer" does not includean affiliate of a tobacco product manufacturer unless the affiliate itselffalls within any of (a)(1)(i) – (iii).
(j) "Units sold" means the number of individual cigarettessold in the state by the applicable tobacco product manufacturer (whetherdirectly or through a distributor, retailer or similar intermediary orintermediaries) during the year in question, as measured by excise taxescollected by the state on packs (or "roll your own" tobacco containers) bearingthe excise tax stamp of the state or unstamped roll your own containers. Thedivision of taxation shall promulgate any regulations that are necessary toascertain the amount of state excise tax paid on the cigarettes of the tobaccoproduct manufacturer for each year.
§ 23-71-2 Definitions. – (a) "Adjusted for inflation" means increased in accordance with the formula forinflation adjustment set forth in exhibit C to the Master Settlement Agreement.
(b) "Affiliate" means a person who directly or indirectlyowns or controls, is owned or controlled by, or is under common ownership orcontrol with, another person. Solely for purposes of this definition, the terms"owns," "is owned", and "ownership" mean ownership of an equity interest or theequivalent of an equity interest of ten percent (10%) or more, and the term"person" means an individual, partnership, committee, association, corporation,or any other organization or group of persons.
(c) "Allocable share" means allocable share as that term isdefined in the Master Settlement Agreement.
(d) "Cigarette" means any product that contains nicotine, isintended to be burned or heated under ordinary conditions of use, and consistsof or contains: (1) any roll of tobacco wrapped in paper or in any substancenot containing tobacco; (2) tobacco, in any form, that is functional in theproduct, which, because of its appearance, the type of tobacco used in thefiller, or its packaging and labeling, is likely to be offered to, or purchasedby, consumers as a cigarette; or (3) any roll of tobacco wrapped in anysubstance containing tobacco which, because of its appearance, the type oftobacco used in the filler, or its packaging and labeling, is likely to beoffered to or purchased by, consumers as a cigarette described in clause (1) ofthis definition. The term "cigarette" includes "roll your own" (i.e., anytobacco which, because of its appearance, type, packaging, or labeling issuitable for use and likely to be offered to or purchased by, consumers astobacco for making cigarettes). For purposes of this definition of "cigarette,"0.09 ounces of "roll your own" tobacco constitutes one individual "cigarette."
(e) "Master Settlement Agreement" means the settlementagreement (and related documents) entered into on November 23, 1998, by thestate and leading United States tobacco product manufacturers.
(f) "Qualified escrow fund" means an escrow arrangement witha federally or state chartered financial institution having no affiliation withany tobacco product manufacturer and having assets of at least one billiondollars ($1,000,000,000) where the arrangement requires that the financialinstitution hold the escrowed funds' principal for the benefit of releasingparties and prohibits the tobacco product manufacturer placing the funds intoescrow from using, accessing, or directing the use of the funds' principalexcept as consistent with § 23-71-3.
(g) "Released claims" means released claims as that term isdefined in the Master Settlement Agreement.
(h) "Releasing parties" means releasing parties as that termis defined in the Master Settlement Agreement.
(i) "Tobacco product manufacturer" means an entity that afterthe date of enactment of this chapter directly (and not exclusively through anyaffiliate):
(i) Manufactures cigarettes anywhere that the manufacturerintends to be sold in the United States, including cigarettes intended to besold in the United States through an importer, except where the importer is anoriginal participating manufacturer as that term is defined in the MasterSettlement Agreement that will be responsible for the payments under the MasterSettlement Agreement with respect to the cigarettes as a result of theprovisions of subsection II(mm) of the Master Settlement Agreement and thatpays the taxes specified in subsection II(z) of the Master SettlementAgreement, and provided that the manufacturer of the cigarettes does not marketor advertise the cigarettes in the United States;
(ii) Is the first purchaser anywhere for resale in the UnitedStates of cigarettes manufactured anywhere that the manufacturer does notintend to be sold in the United States; or
(iii) Becomes a successor of an entity described insubdivision (i) or (ii).
(2) The term "tobacco product manufacturer" does not includean affiliate of a tobacco product manufacturer unless the affiliate itselffalls within any of (a)(1)(i) – (iii).
(j) "Units sold" means the number of individual cigarettessold in the state by the applicable tobacco product manufacturer (whetherdirectly or through a distributor, retailer or similar intermediary orintermediaries) during the year in question, as measured by excise taxescollected by the state on packs (or "roll your own" tobacco containers) bearingthe excise tax stamp of the state or unstamped roll your own containers. Thedivision of taxation shall promulgate any regulations that are necessary toascertain the amount of state excise tax paid on the cigarettes of the tobaccoproduct manufacturer for each year.
