§ 9-4-1201 — Definitions

(a) As used in this act:
(i) "Adjusted for inflation" means increased in
accordance with the formula for inflation adjustment set forth
in Exhibit C to the master settlement agreement;
(ii) "Affiliate" means a person who directly or
indirectly owns or controls, is owned or controlled by, or is
under common ownership or control with, another person. Solely
for purposes of this definition, the terms "owns", "is owned"
and "ownership" mean ownership of an equity interest, or the
equivalent thereof, 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;
(iii) "Allocable share" means allocable share as that
term is defined in the master settlement agreement;
(iv) "Cigarette" means any product that contains
nicotine, is intended to be burned or heated under ordinary
conditions of use, and consists of or contains:
(A) Any roll of tobacco wrapped in paper or in
any substance not containing tobacco;
(B) Tobacco, in any form, that is functional in
the product, which, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling, is
likely to be offered to, or purchased by, consumers as a
cigarette; or
(C) Any roll of tobacco wrapped in any substance
containing tobacco which, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling, is
likely to be offered to, or purchased by, consumers as a
cigarette described in subparagraph (A) of this paragraph. The
term "cigarette" includes "roll-your-own" (i.e., any tobacco
which, because of its appearance, type, packaging, or labeling
is suitable for use and likely to be offered to, or purchased
by, consumers as tobacco for making cigarettes). For purposes of
this definition of "cigarette", nine one-hundredths (.09) ounces
of "roll-your-own" tobacco shall constitute one (1) individual
"cigarette".
(v) "Master settlement agreement" means the
settlement agreement (and related documents) entered into on
November 23, 1998 by the state and leading United States tobacco
product manufacturers;
(vi) "Qualified escrow fund" means an escrow
arrangement with a federally or state chartered financial
institution having no affiliation with any tobacco product
manufacturer and having assets of at least one billion dollars
($1,000,000,000.00) where such arrangement requires that such
financial institution hold the escrowed funds' principal for the
benefit of releasing parties and prohibits the tobacco product
manufacturer placing the funds into escrow from using, accessing
or directing the use of the funds' principal except as
consistent with W.S. 9-4-1202(b);
(vii) "Released claims" means released claims as that
term is defined in the master settlement agreement;
(viii) "Releasing parties" means releasing parties as
that term is defined in the master settlement agreement;
(ix) "Tobacco product manufacturer" means, but shall
not include an affiliate of a tobacco product manufacturer
unless such affiliate itself falls within any of subparagraphs
(A) through (C) of this paragraph, an entity that after the date
of enactment of this act directly (and not exclusively through
any affiliate):
(A) Manufactures cigarettes anywhere that such
manufacturer intends to be sold in the United States, including
cigarettes intended to be sold in the United States through an
importer (except where such importer is an original
participating manufacturer, as that term is defined in the
master settlement agreement, that will be responsible for the
payments under the master settlement, agreement with respect to
such cigarettes as a result of the provisions of subsection
II(mm) of the master settlement agreement and that pays the
taxes specified in subsection II(z) of the master settlement
agreement, and provided that the manufacturer of such cigarettes
does not market or advertise such cigarettes in the United
States);
(B) Is the first purchaser anywhere for resale
in the United States of cigarettes manufactured anywhere that
the manufacturer does not intend to be sold in the United
States; or
(C) Becomes a successor of an entity described
in subparagraph (A) or (B) of this paragraph.
(x) "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 or intermediaries) during the
year in question, as measured by excise taxes collected by the
state on packs of cigarettes or "roll-your-own" tobacco
containers. The department of revenue shall promulgate such
regulations as are necessary to ascertain the amount of state
excise tax paid on the cigarettes of such tobacco product
manufacturer for each year;
(xi) "This act" means W.S. 9-4-1201 through 9-4-1204.