LD 1257
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LR 172
Item 1

 
2004 that are not covered by a qualified commingling agreement
as of July 1, 2004.

 
Sec. 2. 32 MRSA §1866-E, sub-§§2, 4 and 5, as enacted by PL 2003, c. 499,
§8, are amended to read:

 
2. Reports. An initiator of deposit shall report to the
executive director of Maine Revenue Services within the
Department of Administrative and Financial Services State Tax
Assessor by the 20th day of each month concerning transactions
affecting its deposit transaction fund in the preceding month.
The report must be in a form prescribed by the executive director
assessor and must include: the number of nonrefillable beverage
containers sold and the number of nonrefillable beverage
containers returned in the applicable month; the amount of
deposits received in and payments made from the fund in the
applicable month and the most recent 3-month period; any income
earned on amounts in the fund during the applicable month; the
balance in the fund at the close of the applicable month; and
such other information as the executive director assessor may
require to perform the duties of this section. The report
required by this subsection must be treated by the assessor as a
return, as the term is defined by Title 36, section 111,
subsection 4.

 
4. Transfer of abandoned deposit amounts. By the 20th day of
each month, an initiator shall turn over to the executive

 
director of Maine Revenue Services within the Department of
Administrative and Financial Services State Tax Assessor the
initiator's abandoned deposit amounts determined pursuant to
subsection 3. Those amounts may be paid from the deposit
transaction fund. Amounts collected by the executive director
assessor pursuant to this subsection must be treated by the
assessor as a tax, as that term is defined by Title 36, section
111, subsection 5, and must be deposited in the General Fund.

 
5. Reimbursement of initiators of deposit. If in any month
the authorized payments from the deposit transaction fund by an
initiator pursuant to this section exceed the funds that are or
should be in the initiator's deposit transaction fund, the State
Tax Assessor shall reimburse the initiator, from amounts received
pursuant to subsection 4, for those refunds paid by the initiator
for nonrefillable beverage containers for which the funds that
are or should be in the initiator's deposit transaction fund are
insufficient; except that reimbursements paid by the State
assessor to an initiator may not exceed amounts paid by the
initiator to the State pursuant to subsection 4 in the preceding
24 months less amounts paid by the State to the initiator
pursuant to this subsection during that same 24-month period.


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