Sec. 1. 12 MRSA §6731-A, sub-§5, as enacted by PL 1991, c. 561, §1, is amended to read:

5. Toxin Monitoring Fund. The Toxin Monitoring Fund is established within the department. The commissioner shall use any money credited to the Toxin Monitoring Fund exclusively for the collection of samples required under this section to monitor the level of paralytic shellfish toxin in mahogany quahogs. Any money credited to the Toxin Monitoring Fund that is in excess of the amount needed to monitor the level of paralytic shellfish toxin in mahogany quahogs must be used to provide research, population studies and support of the mahogany quahog fishery. All money in the Toxin Monitoring Fund is subject to allocation by the Legislature. The Toxin Monitoring Fund may not lapse but must carry forward to be used for the same purpose purposes. Nothing in this subsection prohibits the commissioner from using other funds budgeted by the department to carry out the purposes of this section.

Sec. 2. 36 MRSA §4712, as enacted by PL 1987, c. 513, §10, is amended to read:

§4712. Rate of tax

An excise tax of $1.20 50¢ per bushel of mahogany quahogs is levied upon the dealer and imposed at the point of first sale of this species.

Sec. 3. 36 MRSA §4715, as amended by PL 1991, c. 376, §61, is further amended to read:

§4715. Dealer reports of purchases and payment of taxes

Every dealer shall keep, as a part of permanent records, a record of all mahogany quahogs purchased at point of first sale. These records must be open for inspection by the State Tax Assessor at all times. Every dealer shall, on or before the last day of each month, render a report to the State Tax Assessor, stating the number of bushels purchased by the dealer during the preceding calendar month, on forms to be furnished by the State Tax Assessor, and, at the same time, shall pay to the State Tax Assessor the tax of $1.20 50¢ per bushel on all mahogany quahogs reported as purchased. If it appears to the State Tax Assessor from inspection of records or otherwise that an additional tax is due or overpayment of tax has been made, additional assessments or refunds must be made by the State Tax Assessor to the dealer.