CHAPTER 155
S.P. 194 - L.D. 585
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day period in order to prevent the repeal of certain portions of the Petroleum Market Share Act; 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. 3 MRSA §959, sub-§1, ¶C, as amended by PL 2003, c. 600, §1, is further amended to read:
C. The joint standing committee of the Legislature having jurisdiction over business, research and economic development matters shall use the following list as a guideline for scheduling reviews:
(1) Maine Development Foundation in 2005;
(5) Department of Professional and Financial Regulation, in conjunction with the joint standing committee of the Legislature having jurisdiction over banking and insurance matters, in 2007;
(19) Department of Economic and Community Development in 2005;
(23) Maine State Housing Authority in 2007;
(32) Finance Authority of Maine in 2009;
(33) Petroleum Advisory Committee in 2009;
(36) Board of Dental Examiners in 2011;
(37) Board of Osteopathic Licensure in 2011;
(38) Board of Licensure in Medicine in 2011;
(41) State Board of Nursing in 2011;
(42) State Board of Optometry in 2011;
(45) State Board of Registration for Professional Engineers in 2011; and
(50) Maine Science and Technology Foundation in 2007.
Sec. 2. 5 MRSA §12004-I, sub-§2-D, as renumbered by RR 1991, c. 2, §11, is repealed.
Sec. 3. 10 MRSA §1673, sub-§2, ¶B, as enacted by PL 1991, c. 836, §3, is amended to read:
B. Within 60 days of the effective date of this chapter, and every 60 days thereafter, a A refiner shall file annually with the Department of the Attorney General a list showing any changes in the number and location of retail outlets controlled by the refiner during the preceding 60 days year.
Sec. 4. 10 MRSA §1673, sub-§2, ¶C, as enacted by PL 1993, c. 46, §2, is amended to read:
C. A refiner or its affiliate shall provide reports annually to the Department of the Attorney General in a manner, frequency, time and form specified by rule by the Attorney General, but at no greater frequency than 4 times per year, setting forth the total gallons of home heating oil and motor fuel oil supplied by the refiner to each retail outlet controlled by the refiner under its control during any portion of the reporting period and the total gallons of home heating oil and motor fuel oil sold by the refiner or its affiliate from a bulk storage facility or depot directly to any end user for consumption in the State.
Sec. 5. 10 MRSA §1673, sub-§3, as amended by PL 1999, c. 151, §1, is repealed.
Sec. 6. 10 MRSA §1677, as enacted by PL 1991, c. 836, §3, is amended to read:
§1677. Report by Attorney General to Legislature
Annually by December 31st, the Attorney General shall make a report to the Legislature describing the concentration of retail outlets in the State or in sections of the State without disclosing the name of any particular retailer or retail outlet. The Attorney General shall include in the annual report a recommendation to the Legislature as to whether additional legislation is needed to further limit or curtail the activity of refiners operating retail outlets. In formulating a legislative recommendation, the Attorney General shall consult with industry stakeholders; notwithstanding this consultation requirement, the substance of the recommendation is a matter for the Attorney General's sole discretion.
Sec. 7. 10 MRSA §1678, as amended by PL 2001, c. 352, §6, is repealed.
Sec. 8. 10 MRSA §1681, as amended by PL 1999, c. 151, §2, is further amended to read:
Annually by September 1st, a person who operates or causes to be operated an oil terminal facility within the State, as defined in Title 38, section 542, subsection 7, and a person who is required to register with the Commissioner of Environmental Protection pursuant to Title 38, section 545-B, shall pay to the Attorney General a fee for each 10,000 gallons of home heating oil and motor fuel oil transported into the State during the previous 12-month period ending June 1st. Home heating oil or motor fuel oil that is subsequently exported from the State is excluded from computation, except that home heating oil sold to a retailer or retail outlet located outside the State that sells home heating oil at retail within the State is not excluded. The fee that must be paid by September 1, 1996 and for each subsequent year is 40¢ for each 10,000 gallons or portion thereof. The fees must be deposited in a dedicated, nonlapsing account, known as the Petroleum Marketing Fund. The Attorney General shall administer the fund. This section is repealed September 1, 2005.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 20, 2005.
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