Sec. 1. 5 MRSA §13090-K, sub-§2, as enacted by PL 2001, c. 439, Pt. UUUU, §1, is amended to read:

2. Source of fund. Beginning July 1, 2003 and every July 1st thereafter, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to the sum of 5% of the 7% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811, and 5% of the 7% tax imposed on meals and rentals pursuant to Title 36, chapter 723, for the first 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund as described by Title 30-A, section 5681, subsection 5. Beginning on October 1, 2003 and every October 1st thereafter, the State Controller shall transfer to the Tourism Marketing Promotion Fund an amount, as certified by the State Tax Assessor, that is equivalent to the sum of 5% of the 7% tax imposed on tangible personal property and taxable services pursuant to Title 36, section 1811, and 5% of the 7% tax imposed on meals and rentals pursuant to Title 36, chapter 723, for the last 6 months of the prior fiscal year after the reduction for the transfer to the Local Government Fund. The tax amount must be based on actual sales for that fiscal year and may not consider any accruals that may be required by law. The amount transferred from General Fund sales and use tax revenues pursuant to this section does not affect the calculation for the transfer to the Local Government Fund.

Sec. 2. 10 MRSA §1305, as amended by PL 1997, c. 668, §1, is further amended to read:

§1305. Terminal rental adjustment clauses; vehicle leases that

are not sales or security interests

Notwithstanding any other provision of law, in the case of motor vehicles or trailers, a transaction does not create a sale or security interest merely because the agreement provides that the rental price is permitted or required to be adjusted upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. A transaction may be considered a sale for purposes of Title 36.

Sec. 3. 21-A MRSA §1124, sub-§2, ¶B, as amended by PL 2003, c. 673, Pt. EE, §1, is further amended to read:

B. Two million dollars of the revenues from the taxes imposed under Title 36, Parts 3 and 8 and chapter 723 and credited to the General Fund, transferred to the fund by the