Sec. SS-21. 21-A MRSA §192, sub-§1, ¶F, as enacted by PL 2001, c. 637, §2, is amended to read:

F. The Director of the Bureau of Information Services Chief Information Officer within the Department of Administration Administrative and Financial Services or the director's Chief Information Officer's designee; and

Sec. SS-22. 38 MRSA §420-B, sub-§2, as amended by PL 1995, c. 152, §6, is further amended to read:

2. Data management. The commissioner shall maintain data collected under this section in a manner consistent with standards established under Title 5, chapter 158 163, subchapter II-A 3 for the State's geographic information system. All data is available to the public.

PART TT

Sec. TT-1. 22 MRSA §1552, sub-§1, as amended by PL 2003, c. 673, Pt. CC, §1, is further amended to read:

1. Application process; license fees. An applicant for an annual retail tobacco license shall file an application in the form required by the department. The department shall make provisions for applications under this section. The fee for a retail tobacco license is $50 annually must be determined annually by the department by rulemaking. The applicant shall enclose the fee with the application for the license. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. TT-2. Tobacco fee calculation and revenue requirements. Beginning July 1, 2005, the Department of Health and Human Services shall implement a sliding-scale license fee based on the relative size of retail tobacco licensees. In determining the sliding-scale license fee, the department may rely on a number of measures of the relative size of the licensee, including, but not limited to: total sales, total cigarette sales, total square footage of the retail establishment and the relative size of the retailer's cigarette display. The sliding-scale license fees assessed under this Part must generate total revenues per year no less than the revenues that would be generated by a $100 flat annual fee applied to all retail tobacco licensees.