| | 5. Mahogany Quahog Monitoring Fund. The Toxin Mahogany | Quahog Monitoring Fund is established within the department. The | commissioner shall use any money credited to the Toxin Mahogany | Quahog Monitoring Fund exclusively for the collection of samples | required under this section to monitor the level of paralytic | shellfish toxin in mahogany quahogs and to conduct stock | assessments of the mahogany quahog resource. All money in the | Toxin Mahogany Quahog Monitoring Fund is subject to allocation by | the Legislature. The Toxin Mahogany Quahog Monitoring Fund may | not lapse but must carry forward to be used for the same purpose. | Nothing in this subsection prohibits the commissioner from using | other funds budgeted by the department to carry out the purposes | of this section. |
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| | Sec. 2. 12 MRSA §6731-A, sub-§6 is enacted to read: |
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| | 6.__Stock assessment and report.__The department shall conduct | stock assessments of the mahogany quahog resource beginning no | later than January 1, 2005.__The department shall report | biennially to the joint standing committee of the Legislature | having jurisdiction over marine resources matters on the progress | of the stock assessment and the status of the Mahogany Quahog | Monitoring Fund starting on January 1, 2006. |
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| | Sec. 3. 36 MRSA §4718, as amended by PL 2003, c. 20, Pt. WW, §28, | is further amended to read: |
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| §4718. Contributions; Mahogany Quahog Monitoring Fund |
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| | The State Tax Assessor shall determine annually the total | amount of tax revenue collected under this chapter. The Until | June 30, 2004, the State Tax Assessor shall deduct the cost of | administering the mahogany quahog tax from those revenues and | report the remainder to the Treasurer of State, who shall credit | that amount to the Toxin Mahogany Quahog Monitoring Fund | established in Title 12, section 6731-A, subsection 5, except | that not more than $56,000 may be credited to the fund in any | year. Revenues Until June 30, 2004, revenues collected that are | in excess of $56,000 must be credited to the General Fund. |
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| | Beginning July 1, 2004, the State Tax Assessor shall deduct | the cost of administering the mahogany quahog tax from those | revenues and report the remainder to the Treasurer of State, who | shall credit 58% of that amount or $56,000, whichever is greater, | to the Mahogany Quahog Monitoring Fund established in Title 12, | section 6731-A, subsection 5 and 42% or the remainder, as | applicable, to the General Fund. |
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| | Sec. 4. Transfers from existing accounts. The Department of Marine | Resources shall transfer the existing balance and |
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