An Act To Require Unredeemed Beverage Container Deposits To Be Provided to the State
Maine Legislature, Session 124, LD 0052
Committee: Business, Research and Economic Development
Sponsors: MARTIN
Amends: 32 MRSA §1866-E

FIR~T F-EGULAR SESSION=2009 
Legislative Document 
No. 52 
H.P.45 
House of Representatives, January 5,2009 
An Act To Require Unredeemed Beverage Container Deposits To Be 
Provided to the State 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative MARTIN of Eagle Lake. 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §1866-E, first~, as enacted by PL 2003, c. 499, §8, is amended to 
read: 
The provisions of this section apply elliy to tflese illl beverage containers that are 110t 
subject to a commingling agreement pursuant to section 1866 D unless exempt under 
subsection 6 or section 1870. 
Sec. 2. 32 MRSA §1866-E, sub-§4, as amended by PL 2003, c. 700, §2 and affected 
by §6, is further amended to read: 
4. 
Transfer of abandoned deposit amounts. By the 20th day of each month, an 
initiator shall turn over to the State Tax Assessor the initiator's abandoned deposit amounts 
determined pursuant to subsection 3. 
Those amounts may be paid from the deposit 
transaction fund. Amounts collected by the assessor pursuant to this subsection must be 
treated by the assessor as a tax, as that term is defined by Title 36, section 111, subsection 5, 
and must be deposited in the General Fund and 50% of that amount deposited must be 
credited to the Beverage Container Enforcement Fund, established under section 1871-B, for 
administration of the returnable beverage container laws by the department. 
Sec. 3. 32 MRS A §1866-E, sub-§7, as enacted by PL 2003, c.700, §4 and affected 
by §6, is repealed. 
Sec. 4. 
Abandoned deposits; 10-year audit; payment. 
The Department of 
Agriculture, Food and Rural Resources shall audit or cause an audit of abandoned deposit 
amounts on all beverage contai'ners as defined in the Maine Revised Statutes, Title 32, 
chapter 28 for the 10 years preceding the effective date of this Act. 'The goal of the audit is to 
estimate amounts of abandoned deposit amounts that remain unaccounted fof because of 
commingling agreements and to identifY an estimated amount for each initiator of deposits. 
The department shall assess against initiators of deposits the amounts estimated plus interest. 
An initiator shall pay the assessment under this section within 60 days of notice from the 
department of the assessment amount. Failure to pay within 60 days results in a fine of 
$10,000 per day. Any money collected by operation of this section must be deposited in the 
General Fund and credited to the Beverage Container Enforcement Fund established under 
Title 32, section 1871-:B, 
SUMMARY 
Most returnable beverage containers in the State are subject to commingling agreements 
and, as such, are not currently subject to the provisions that require initiators of the deposits 
to transfer abandoned deposit amounts to the State. 
This bill amends current law to capture the abandoned deposit amounts on returnable 
beverage containers that are subject to commingling agreements and credits 50% of the 
amount collected from all transfers of abandoned deposit amounts to the Department of 
Agriculture, Food and Rural Resources to administer the provisions regarding returnable 
beverage containers. 
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This bill also addresses the same issue historically by reqlllnng an audit to estimate 
amounts unaccounted for during the last 10 years and requires initiators of deposits to pay the 
estimates, plus interest, within 60 days of notice from the depaliment. Failure to pay will 
result in an additional daily fine added to the assessment.