CHAPTER 678
H.P. 1883 - L.D. 2618
An Act to Implement the Recommendations of the Joint Standing Committee on Marine Resources Relating to the Review of the Maine Sardine Council Under the State Government Evaluation Act
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the number of sardine packing companies comprising the Maine sardine industry and the Maine Sardine Council has declined; and
Whereas, the dissolution of the Maine Sardine Council is necessary as soon as possible in order to support changes that the Maine sardine industry has decided are in the industry's best interest; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA c. 61, sub-c. II, as amended, is repealed.
Sec. 2. 36 MRSA c. 713, as amended, is repealed.
Sec. 3. 36 MRSA §4821, first ¶, as enacted by PL 1981, c. 706, §32, is amended to read:
No special tax, under chapters 701, 707, 708, and 709 and 713, may be imposed on any particular industry, nor may an existing special tax under those chapters be increased, unless the persons required to pay the tax within that industry have given their approval, according to the provisions of this chapter.
Sec. 4. Transfer of assets. All accrued net assets of the Maine Sardine Council as of April 15, 2000, including, but not limited to, equipment, cash balances or other available funds, must be transferred in accordance with Title 32, section 4167, subsection 7 as a refund of taxes paid to the 3 packers with representatives on the Maine Sardine Council as of January 31, 2000: Stinson Seafood Company, Lubec Packing Company and L. Ray Packing Company. The assets must be distributed among those 3 packers based on each packer's percentage of the total quantity of sardines, kippers, steaks and other canned herring products packed during calendar years 1998 and 1999, as reported to the State Tax Assessor.
The State Auditor shall conduct the audit procedures required by the Maine Revised Statues, Title 32, section 4167, subsection 8 and shall include in the report to the Joint Standing Committee on Marine Resources a report on the assets that must be transferred under this section.
Sec. 5. Termination of Maine Sardine Council; retroactivity. Notwithstanding the Maine Revised Statutes, Title 32, chapter 61, subchapter II, the Maine Sardine Council shall cease its operations and activities on March 31, 2000. This section applies retroactively to March 31, 2000.
Sec. 6. Audit prior to dissolution. Notwithstanding the Maine Revised Statutes, Title 32, section 4167, subsection 8, prior to the dissolution of the Maine Sardine Council, the State Auditor must perform audit procedures on the financial records of the council and report the findings to the joint standing committee of the Legislature having jurisdiction over marine resource matters. The council shall reimburse the State Auditor for costs incurred by the State Auditor to perform the audit procedures.
Sec. 7. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2000-01
MAINE SARDINE COUNCIL
Maine Sardine Council
All Other ($400,000)
Deallocates funds to reflect the repeal of the Maine Sardine Council.
Sec. 8. Retroactivity; transition. That section of this Act that repeals the Maine Revised Statutes, Title 36, chapter 713 applies retroactively to March 1, 2000. The State Tax Assessor shall refund to a packer of sardines any amount of tax paid under Title 36, section 4697 on all sardines reported as packed between March 1, 2000 and the effective date of this Act.
Sec. 9. Effective date. That section of this Act that repeals the Maine Revised Statutes, Title 32, chapter 61, subchapter II takes effect on April 15, 2000.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 12, 2000, unless otherwise indicated.
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