LD 1720, Page 4 - 119th Legislature, FIRST REGULAR Session

rebut the presumptions defined or developed under this section and

may be heard on adjustments to be made in the proposed application

of such presumptions.__The court shall apply those presumptions

that aid in providing reasonable assessments of the economic losses

claimed and may not reject a presumption merely because an

alternative method exists that may yield greater certainty,

reliability or precision.__Proceedings for determining liability

and damages under this chapter may not be unduly delayed for

purposes of seeking further refinement of data gathering and

analysis so long as the methods proposed or available yield a

reasonable and equitable result.

§8357.__Compromise authority

The Attorney General, with the advice and consent of the
commissioner, may compromise or waive any portion of the State's
recovery authorized by this chapter to the extent that it is in
the best interests of the State to do so and may establish a plan
for periodic payments by any tobacco manufacturer in discharge of
its liability as it accrues.

§8358.__Private sector assistance

The commissioner and the Attorney General may contract with
private consultants and private attorneys to provide expert
assistance and legal representation for an action brought under
this chapter.

§8359.__Distribution

Funds recovered for the State under this chapter first must be
used to pay the associated fees, legal costs and expenses
incurred by the Department of Human Services or the Attorney
General, including expenses payable under section 8357.__The
remainder must be remitted to the General Fund.__All State
recoveries must be accounted for as directed by the State Budget
Officer.

§8360.__Other remedies

Remedies in this chapter are cumulative to those that exist or
that arise from common law or from state or federal laws; and
nothing contained in this chapter may be construed to foreclose a
remedy otherwise available for recovery of tobacco-related
losses.__Amounts recovered as the result of litigation concluded
prior to the effective date of this chapter must be duly credited
against the losses to which such recoveries pertain.

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