West Virginia Code § 16-9B-4

Special severability rule; implementation date
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(a) Section three severability rule. –-
(1) If the act amending section three of this article in the year two thousand three, or any
portion of the amendment to paragraph (B), subdivision (2), subsection (b), section three of
this article, made by that act, is held by a court of competent jurisdiction to be
unconstitutional, then such paragraph (B) shall be deemed to be repealed in its entirety.
(2) If after application of subsection (a) of this section, a court of competent jurisdiction
thereafter holds subdivision (2), subsection (b) of said section thuree to be unconstitutional,
then section three as amended in the year two thousand three shall be deleted in its entirety
and section three as enacted in the year one thousand nine hundred ninety-nine, shall be
restored as if no amendments had been made to section three in the year two thousand
three. Neither any holding of unconstitutionality nor the repeal of paragraph (B), subdivision
(2), subsection (b), section three of this article shall affect, impair or invalidate any other
portion of section three, or the application of sectioln three to any other person or
circumstance, and such remaining portions ofs section three shall at all times continue in full
force and effect.
(b) Implementation date. -– The amegndments to section three of this article in the year two
thousand three shall not take effect until thirty days after the earlier of:
(1) All states that share a common border with this state enacting similar amendments to
their laws implementing the master tobacco settlement agreement; or
(2) Thirty-three states, including this state, enacting similar amendments to their laws
implementing the ma ster tobacco settlement agreement.

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