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shall, prior to the disclosure, notify the affected shipper to | allow the shipper to discuss the proposed disclosure.__If the | affected shipper objects to the disclosure of the information, the | Public Advocate may not disclose the information. |
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| | 5.__Funding.__There is created the Railroad Freight Service | Quality Fund, referred to in this section as "the fund."__ | Pursuant to Title 36, section 2625, the fund receives $20,000 | each year from the tax levied pursuant to Title 36, chapter 361.__ | Expenditures from the fund are subject to legislative approval in | the same manner as appropriations from the General Fund.__ Any | balance in the fund in excess of that required for the purposes | of this section does not lapse but is carried forward.__ Money in | the fund may be expended by the Public Advocate only for the | purposes of this section. |
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| 6. Report.__The Public Advocate shall annually, no later than the | first Monday in February, submit to the joint standing committees | of the Legislature having jurisdiction over utilities and energy | and transportation matters a report that includes the following: |
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| A.__A summary of railroad freight service quality data | collected under subsection 2 and any actions taken pursuant | to subsection 3; |
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| B.__An evaluation of the effectiveness of any actions taken | under subsection 3 and the need for the authority granted | under that subsection, together with any recommendations for | modifications to that authority; and |
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| C.__An accounting of expenditures from the fund, prospective | funding needs and any recommendations for changes in funding | levels. |
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| | 7.__Repeal and review.__This section is repealed 90 days after | the adjournment of the Second Regular Session of the 123rd | Legislature.__In the report submitted that year pursuant to | subsection 6, the Public Advocate shall make recommendations with | regard to the continued need for the authority granted under this | section.__After reviewing that report, the joint standing | committees of the Legislature having jurisdiction over utilities | and energy and transportation matters may jointly report out | legislation to the Second Regular Session of the 123rd | Legislature concerning the subject matter of this section. |
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| | Sec. 3. 36 MRSA §2625, as amended by PL 2003, c. 498, §9 and | affected by §12, is further amended to read: |
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| §2625. Return and payment |
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