CHAPTER 378

FORMERLY

HOUSE BILL NO. 130

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE TOBACCO SETTLEMENT ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 29 of the Delaware Code by striking § 6082(2) b.2 in its entirety and inserting in lieu thereof the following:

“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 the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to Section IX (1) 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 product manufacturer; or”.

Section 2. If this Act, or any portion of the amendment to Subparagraph 2. of Paragraph b. of Subsection (2) of § 6082 made by this Act, is held by a Court of competent jurisdiction to be unconstitutional, then such Subparagraph 2. shall be deemed to be repealed in its entirety. If Paragraph b. of Subsection (2) of § 6082 shall thereafter be held by a Court of competent jurisdiction to be unconstitutional, then this Act shall be deemed repealed, and Subparagraph 2. of Paragraph b. of § 6082 be restored as if no such amendments had been made. Neither any holding of unconstitutionality nor the repeal of Subparagraph 2. of Paragraph b. of Subsection (2) of § 6082 shall affect, impair or invalidate any other portion of § 6082, or the application of such Section to any other person or circumstance, and such remaining portions of § 6802 shall at all times continue in full force and effect.

Approved July 19, 2004