LD 1749
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LR 2613
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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.

 
Sec. 2. 12 MRSA §6731-A, sub-§6 is enacted to read:

 
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.

 
Sec. 3. 36 MRSA §4718, as amended by PL 2003, c. 20, Pt. WW, §28,
is further amended to read:

 
§4718. Contributions; Mahogany Quahog Monitoring Fund

 
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.

 
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.

 
Sec. 4. Transfers from existing accounts. The Department of Marine
Resources shall transfer the existing balance and


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