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PUBLIC LAWS
Second Regular Session of the 122nd

CHAPTER 672
S.P. 312 - L.D. 904

An Act To Create the Maine Asthma and Lung Disease Research Fund

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 22 MRSA c. 275, as amended, is amended by repealing the chapter headnote and enacting the following in its place:

CHAPTER 275
ASTHMA AND LUNG DISEASE

     Sec. 2. 22 MRSA §1700-A is enacted to read:

§1700-A.      Maine Asthma and Lung Disease Research Fund

     There is established the Maine Asthma and Lung Disease Research Fund, an interest-bearing account, referred to in this section as "the fund." The fund receives money deposited by the Treasurer of State pursuant to Title 36, section 5290 and any other money contributed voluntarily to the fund. The fund is administered by the Bureau of Health. All money deposited in the fund and the earnings on that money remain in the fund to be used to provide research grants to develop and advance the understanding of lung disease, especially its prevention, causes, treatment and cure. Areas of research eligible for grants under this section include, but are not limited to, asthma, health effects of indoor and outdoor air pollution, emphysema and chronic obstructive pulmonary disease. Money in the fund may also be used for the necessary administrative and personnel costs associated with the management of the fund but may not be deposited in the General Fund or any other fund except as specifically provided by law.

     Sec. 3. 36 MRSA §5290 is enacted to read:

     1. Maine Asthma and Lung Disease Research Fund. When filing a return, a taxpayer entitled to a refund under this Part may designate that a portion of that refund be paid into the Maine Asthma and Lung Disease Research Fund established in Title 22, section 1700-A. A taxpayer who is not entitled to a refund under this Part may contribute to the Maine Asthma and Lung Disease Research Fund by including with that taxpayer's return sufficient funds to make the contribution. The contribution may not be less than $1. Each individual income tax return form must contain a designation in substantially the following form: "Maine Asthma and Lung Disease Research Fund: ( ) $1, ( ) $5, ( ) $10, ( ) $25 or ( ) Other $.... ."

     2. Contributions credited to Maine Asthma and Lung Disease Research Fund. The State Tax Assessor shall determine annually the total amount contributed pursuant to subsection 1. Prior to the beginning of the next year, the State Tax Assessor shall deduct the cost, up to $2,000 annually, of administering the Maine Asthma and Lung Disease Research Fund checkoff and report the remainder to the Treasurer of State, who shall forward that amount to the Maine Asthma and Lung Disease Research Fund.

     Sec. 4. Contributions to the Maine Asthma and Lung Disease Research Fund. The Commissioner of Administrative and Financial Services shall seek outside funds to fully fund the fiscal year 2006-07 administrative costs associated with the Maine Asthma and Lung Disease Research Fund income tax checkoff under the Maine Revised Statutes, Title 36, section 5290. Any funds received must be deposited in Maine Revenue Services' Maine Asthma and Lung Research Fund Other Special Revenue Funds account.

     Sec. 5. Certification of contributions to the Maine Asthma and Lung Disease Research Fund. The Commissioner of Administrative and Financial Services shall account for all contributions to the Maine Asthma and Lung Disease Research Fund Other Special Revenue Funds account and certify to the Secretary of State and the Revisor of Statutes when transfers total or exceed $14,648.

     Sec. 6. Application. This Act applies to tax years beginning on and after January 1, 2006.

     Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Maine Asthma and Lung Disease Research Fund (new)
Initiative: Allocates funds for the administrative costs associated with the Maine Asthma and Lung Disease Research Fund income tax checkoff.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07

ADMINISTRATIVE AND FINANCIAL SERVICES,
DEPARTMENT OF
DEPARTMENT TOTALS 2005-06 2006-07

HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Maine Asthma and Lung Disease Research Fund (new)
Initiative: Allocates funds for the newly authorized Maine Asthma and Lung Disease Research Fund.
OTHER SPECIAL REVENUE
FUNDS 2005-06 2006-07

HEALTH AND HUMAN SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2005-06 2006-07

SECTION TOTALS 2005-06 2006-07

     Sec. 8. Contingent effective date. With the exception of section 5, this Act takes effect 90 days after the certification pursuant to section 5 occurs.

Effective August 23, 2006, unless otherwise indicated.

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