Sec. 1. 22 MRSA §1580-H, sub-§10, as enacted by PL 1999, c. 401, Pt. U, §1 and affected by §2, is amended to read:

10. "Units sold" means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer or similar intermediary of or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs bearing the excise tax stamp of the State or "roll-your-own" tobacco containers. The Department of Administrative and Financial Services, Bureau of Revenue Services, shall promulgate such Attorney General may adopt rules as are necessary to obtain information from any tobacco product retailer, distributor or manufacturer, to ascertain the amount of state excise tax paid on tobacco products of each tobacco product manufacturer for each year. Rules established pursuant to this section are routine technical rules, as provided in Title 5, Chapter chapter 375, subchapter II-A 2-A. Notwithstanding any other provision of law, the Bureau of Revenue Services may provide information obtained pursuant to this section to the Attorney General as is necessary for a tobacco product manufacturer to compile its escrow payment hereunder. In addition, the Department of the Attorney General shall have the authority to may subpoena the records of any tobacco product retailer, distributor, or manufacturer, to enforce this Act.

Sec. 2. 22 MRSA §1580-I, sub-§2, ķA, as enacted by PL 1999, c. 401, Pt. U, §1 and affected by §2, is amended to read:

A. A tobacco product manufacturer that places funds into escrow pursuant to this subsection shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall must be released from escrow only under the following circumstances --:

(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 must be released from escrow under this subparagraph:

(a) in the order in which they were placed into escrow; and

(b) only to the extent and at the time necessary to make payments required under such judgment or settlement;