An Act To Separate the Office of Tourism from the Office of Community Development
Maine Legislature, Session 121, LD 1406
Committee: Business, Research and Economic Development
Sponsors: COWGER, HATCH, RECTOR, SHOREY
Amends: 5 MRSA §13090-C, 5 MRSA §13090-D, 5 MRSA §13090-E, 5 MRSA §13090, 5 MRSA §13090-G, 5 MRSA §13090-H, 5 MRSA §13090-I, 5 MRSA §13090-J, 5 MRSA §13092-A

Legislative Document 
No. 1406 
H.P.1033 
House of Representatives, March 20, 2003 
An Act To Separate the Office of Tourism from the Office of 
Community Development 
Submitted by the Department of Economic and Community Development pursuant to Joint 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative COWGER of Hallowell. 
'77/~/J7.~ 
MILLICENT M; MacFARLAND 
Clerk 
Cosponsored by Representatives: HATCH of Skowhegan, RECTOR of Thomaston, Senator: 
SHOREY of Washington. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. S MRSA §130SS, sub-§I, as amended by PL 1995, c. 560, 
Pt. B, §2, is further amended to read: 
1. 
Organizations. 
organizations: 
The department contains the following 
A. 
The Office of Business Development; aBa 
B. 
The Office of Tourism aBa-b9mmaB~ty-Qeye~9pffieBtT; and 
F. 
The Office of Community Development. 
Sec. 2. SMRSA §13072,first 1(, as amended by PL 1995, c. 560, 
Pt. B, §9, is further amended to read: 
The Office of ~9aF~sffi-aBa Community Development shall assist 
municipa1i ties in planning for and achieving economic growth and 
development while, at the same time, preserving and protecting 
their 
resources 
and 
assets. 
To 
achieve 
this 
purpose, 
the 
department, through the office, shall strive to remove barriers 
to balanced economic growth and provide planning, technical and 
financial resources to the municipalities to enhance economic 
development. 
Sec. 3. S MRSA §13072, 2nd" as amended by PL 1995, c. 560, 
Pt. B, §10, is further amended to read: 
The 
Director 
of 
the 
Office 
of 
~9aFism--aBQ Community 
Development shall administer the office in accordance with the 
policies of the commissioner and the provisions of this chapter. 
The director has the following powers and duties. 
Sec. 4. S MRSA §13073-A, first" as enacted by PL 1999, c. 
731, Pt. VVV, §2, is amended to read: 
The 
Director 
of 
the 
Office 
of 
~9aFism--aBa Community 
Development shall administer the Regional Economic Development 
Assistance Fund, referred to in this section as the "fund." 
Sec. S. S MRSA §13073-A, sub-§I, as enacted by PL 1999, c. 
731, Pt. VVV, §2, is amended to read: 
1. 
Fund 
nonlapsing 
fund 
Development. 
established. 
within the 
The 
fund 
Office 
of 
is 
estabLished 
as 
a 
~9aF~Sffi--aJ'l.a 
Community 
Sec. 6. S MRSA §13090-C, sub-§I, as reallocated by RR 1995, c. 
2, §11, is amended to read: 
1. 
Tourism; 
estab1isbment. 
The 
Office of 
Tourism 
aREI 
beRUflQRit;.~-~e¥e-leplReR~ shall administer a program to support and 
expand the tourism industry and promote the State as a tourist 
destination. 
The Director of the Office of Tourism aRe-beRUflQRi~y 
QeveleplReR~ shall administer the office in accordance with the 
policies of the commissioner and the provisions of this article. 
The office includes the Maine Tourism Commission and the Maine 
State Film Commission. 
Sec. 7. 5 MRSA §13090-C, sub-§2, as reallocated by RR 1995, c. 
2, §11, is amended by amending the first paragraph to read: 
2. 
Duties. 
The Director of the Office of Tourism aRe 
beRUflQRi~y-QeveleplReR~ shall: 
Sec. 8. 5 MRSA §13090-D, sub-§§l and 2, as reallocated by RR 
1995, c. 2, §ll, are amended to read: 
1. 
Historica1 markers. 
The Director of the Office of 
Tourism aREI-GeRUflQRi~y-QeveleplReR~ may erect historical markers or 
signs on any highway. 
No more than 10 historical markers may be 
erected 
in 
one 
year. 
Markers 
that 
would 
interfere 
with 
reasonable use of highways may not be erected. 
2. 
Review council. 
The Director of the Office of Tourism 
aREI--C~-t.-y--QeveleplReRt: shall consult with the Maine Historic 
Preservation Commission and the Department of Transportation on 
the historical marker program. 
Before erecting any marker, the 
director 
shall 
secure 
the 
Maine 
Historic 
Preservation 
Commission's approval of the marker, the marker's location and 
the marker's wording. 
The Maine Historic Preservation Commission 
shall obtain, or cause to be obtained, as needed, information on 
the event to be commemorated and on the appropriate location for 
the marker, including consulting historians and holding public 
hearings. 
Sec. 9. 5 MRSA §13090-E, as reallocated by RR 1995, c. 2, 
§11, is amended to read: 
§13090-E. Tourism marketinq and deve10pment strategy 
1. 
Deve1opment. 
The 
Office 
of 
Tourism 
aREI--GeRUflQRit:y 
QeveleplReR~ shall develop 
a 
5-year marketing and development 
strategy 
for 
state 
tourism 
growth 
that 
maximizes 
the 
effectiveness 
of 
state 
and 
private 
sector 
contributions 
in 
attracting visitors to the State and increasing tourism-based 
revenues. 
The strategy must incorporate components of direct 
marketing in maintenance and primary markets, matching grants 
programs, trade markets, regional development and research. 
2. 
Administration. 
The Office of Tourism 
aREl-~amRnu~it:y 
geve~e~meRt: shall administer the components of the strategy after 
development. 
Administration includes development of new markets, 
creation of an image of the State to entice visitor inquiries and 
provision 
of 
appropriate 
technical 
assistance 
and 
response 
mechanisms. 
The Office of Tourism 
aREl--Gemm\'\Rit:y.--gev:ele~meRt: 
shall support staffing of the visitor information centers and 
fulfill 
tourism 
information 
requests 
and 
shall 
work 
in 
partnership 
with 
the 
tourism 
industry 
in 
the 
State 
in 
administering the strategy. 
Sec. 10. 5 MRSA §13090·F, as amended by PL 1999, c. 445, §l, 
is further amended to read: 
§13090-F. Maine Tourism Commission 
1. 
Maine Tourism COllmission. 
The Maine Tourism Commission, 
established by section l2004-I, subsection 87 and referred to in 
this section as the "commission," shall assist and advise the 
Office 
of 
Tourism 
aREl--Gemm\'\Rit:y--geve~e~meRt: to 
achieve its 
purpose under section l3090-C. 
The commission consists of 24 
voting members appointed by the Governor as follows: 
A. 
Three 
members 
representing 
the 
outdoor 
sporting 
interests of the State, including: 
(1) 
One member representing a statewide organization 
of hunters, anglers and trappers; 
(2) 
One member representing the interests of large 
landowners; and 
(3) 
One member representing a statewide organization 
of licensed Maine guides; 
B. 
Eight public members 
who 
represent their 
regions 
and 
have 
experience 
in 
the 
field 
demonstrated concern for the travel industry; and 
respective 
or 
have 
C. 
Thirteen members of major tourism trade associations, 
including: 
(1) 
At 
least 
one 
member 
representing 
a 
statewide 
organization of hotels, motels and inns; 
(2) 
At 
least one 
member 
representing 
a 
statewide 
organization of restaurants; 
(3) 
At 
least one 
member 
representing 
a 
statewide 
organization of campground owners; 
(4) 
At least one member representing the retail sector 
in the State; 
(5) 
At least one member representing the motorcoach 
industry; 
(6) 
At 
least 
one 
member 
representing 
the 
air 
transportation industry; 
(7) 
At least one member representing arts and cultural 
organizations; and 
(8) 
At 
least one 
member 
representing 
a 
statewide 
organization of children's camps. 
The 
terms of the voting members are for 
years each. 
The 
Governor shall fill a vacancy in the membership for any unexpired 
term. 
The commissioners, directors or designees of the following 
state departments or offices shall serve as ex officio, nonvoting 
members of the commission: 
the department; the State Planning 
Off ice; 
the 
Department 
of 
Conservation; 
the 
Department 
of 
Transportation; the Department of Inland Fisheries and Wildlife; 
the Department of Agriculture, 
Food 
and Rural Resources; 
the 
Department of Education; and the Bureau of Public Improvements. 
The 
Canadian Affairs 
Coordinator shall also serve 
as 
an 
ex 
officio, 
nonvoting 
member 
of 
the 
commission. 
A 
chair 
and 
vice-chair of the commission must be elected annually from the 
appointed membership. 
2. 
Powers and duties. 
The commission shall: 
A. 
Recommend 
rules 
for 
the 
implementation 
of 
section 
13090-G and make recommendations on the award of matching 
funds to the commissioner and the Director of the Office of 
Tourism aBe-bemm~Bity-gevelepmeBt; 
B. 
Recommend policy guidelines on marketing, 
advertising 
strategies 
to 
the 
Office 
of 
bemm~Bity-gevelepmeBt; 
promotion and 
Tourism 
aBe 
C. 
Conduct 
public 
hearings 
necessary 
concerning 
tourism 
policy 
development 
cross-section of travel interests; 
to 
obtain 
from 
a 
input 
broad 
D. 
Assist the Office of Tourism aBel-~-t~-gevelepmeBt 
in providing technical assistance to the travel industry and 
in planning and conducting periodic tourism conferences; 
E. 
Prepare a report for annual submission to the Governor 
and the Legislature relative to the programs, policies and 
accomplishments of the commission; and 
F. 
Assist the Office of Tourism 
aBe-~-t-y--~e",e19FHleBt: 
in other areas the commissioner considers appropriate and 
necessary to ensure the successful implementation of this 
section. 
3. 
Compensation. 
Commission 
members 
are 
emtitled 
to 
compensation as provided by chapter 379. 
Sec. 11. 5 MRSA §13090-G, sub-§I, 1rB, as reallocated by RR 
1995, c. 2, §ll, is amended to read: 
B. 
To strengthen the State's image by coordinating the 
promotional efforts of the private sector with those of the 
Office of Tourism aBe-b9HlHl~Bit:y-~9",e~9FHleBt:. 
Sec. 12. 5 MRSA §13090-G, sub-§4, as reallocated by RR 1995, 
c. 2, §11, is amended to read: 
4. 
Administration. 
The Office of Tourism 
aBa--C~aBit:y 
~e",e~9FHleBt. shall administer the Travel Promotion Matching Fund 
Program 
with 
such 
flexibility 
as 
to 
bring 
about 
the 
most 
effective 
and 
economical 
travel 
promotion 
progrrun 
possible. 
Applications 
from all 
regions 
of 
the State must 
be equally 
considered. 
The Maine Tourism Commission shall recommend rules 
and procedures necessary and appropriate to the proper operation 
of the Travel Promotion Matching Fund Program. 
ThesE~ rules must 
establish 
eligibility 
requirements, 
allocation 
formulas, 
application procedures and criteria subject to the final approval 
of 
the 
commissioner. 
The 
Maine 
Tourism 
Commission 
shall 
establish a schedule for review of grant applications and make 
timely recommendations of grant 
awards to the OfficE~ of Tourism 
aBe--b9HlHl~Bit:y--~e",e~9pHl9Bt.. 
Grants 
recommended 
by 
the 
Maine 
Tourism 
Commission 
to 
the 
Office 
of 
Tourism 
aBa--b9HlHl~Bit:y 
~e",e~9FHl9Bt. must be approved by the Director of the Office of 
Tourism 
aBa--C~i-t.-y--~e"'9~9FHleBt. prior to any disbursement of 
funds. 
Sec. 13. 5 MRSA §13090-H, sub-§I, as reallocated by RR 1995, 
c. 2, §11, is amended to read: 
1. 
Maine State FiLm Commission established. 
The 
Maine 
State 
Film 
Commission, 
as 
established 
by 
section 
12004-I, 
subsection 88, is within the Office of Tourism 
aE.a--C~aBi-t:y 
~e",e±9FHleBt. and shall advise and assist the office as necessary. 
The commission shall advise the commissioner and the Director of 
the Office of Tourism 
aBa-.f:~-t-y--~e",eleFHleBt. with respect to 
the operation of the Maine State Film Commission program. 
A. 
The commission consists of 11 members appointed by the 
Governor. 
(1) 
The 
members 
appointed 
must 
be 
involved in 
a 
related 
business 
field 
or 
have 
experience 
or 
familiarity with media marketing or public relations. 
The 
Governor 
shall 
ensure 
an 
equitable 
regional 
representation from the State. 
(2) 
The Director of the Maine Arts Commission and the 
commissioner 
shall 
serve 
as 
ex 
officio, 
nonvoting 
members of the commission. 
B. 
The terms of office of commission members are as follows. 
( 1) 
All members are appointed for 3 -year 
terms. Of 
those first 
appointed, 
are 
appointed 
for 
3-year 
terms, 
are appointed for 
2-year terms 
and 
are 
appointed 
for 
one-year 
terms. 
The 
Governor 
shall 
designate the terms of office of those first appointed 
at the time of appointment. 
(2) 
Members shall serve until their successors are 
appointed and take office. The Governor may terminate 
the membership of any appointee for just cause and the 
reason for 
the 
termination must 
be 
communicated in 
writing to each member whose term is so terminated. 
(3) 
Vacancies must be filled in the same manner as 
original appointments, except that any person appointed 
to fill a vacancy shall serve for the remainder of the 
unexpired term of the vacancy. 
C. 
The chair and vice-chair are appointed by the Governor 
annually at the first meeting of the commission and serve 
for one-year terms. 
(1) 
The chair shall call meetings of the commission. 
D. 
Members are compensated for expenses only in accordance 
with chapter 379. 
E. 
Financing of promotional and development materials and 
expenses pursuant to this section must be made with funds 
within the limit of the budget of the department for the 
Office of Tourism a8a-GeffiffiQ8i~y-geve±epffie8~. 
Sec. 14. 5 MRSA §13090-H, sub-§2, 1fB, as reallocated by RR 
1995, c. 2, §ll and corrected by §14, is amended to read: 
B. 
To advise and assist the Director of the 
Film Office and the Director of the Office of 
bemm~aity--geve±epmeat with 
respect 
to 
this 
section 13090-I; 
Maine State 
Tourism aaa 
section 
and 
Sec. 15. 5 MRSA §13090-I, as reallocated by RR 1995, c. 2, 
§11, is amended to read: 
§13090-I. Maine State Film Office 
The Maine State Film Office is established within the Office 
of Tourism aaa-£emm~aity-~eve1epmeat. 
The Director of the Maine 
State Film Office is responsible for undertaking a program of 
film promotion and implementing the recommendations and policies 
of the commissioner. 
Sec. 16. 5 MRSA §13090-J, as enacted by PL 1997, c. 395, Pt. 
H, §1, is amended to read: 
§13090-J. Tourism Cooperative Marketing Fund 
1. 
Statement of purpose. 
The Tourism Cooperative Marketing 
Fund is established to allow the Office of Tourism Claa-bemmliaity 
geve±epffieat to accept private donations to be used in support of 
special public and private marketing opportunities. 
2. 
Tourism 
Cooperative 
Marketing 
Fund. 
The 
Tourism 
Cooperative Marketing Fund, referred to in this section as the 
"fund," 
is 
established 
as 
an 
interest-bearing 
account. 
All 
charges collected pursuant to this section must be deposited into 
the fund. 
All interest earned by the account becomes part of the 
fund. 
Any balance remaining in the fund at the end of the fiscal 
year does not lapse but is carried forward into subsequent fiscal 
years. 
Revenue to the fund is collected, managed, 
deposited, 
invested and disbursed by the Office of Tourism 
aHa-~-GfIIffib\,H.il;,y 
gevelepmeat. 
3. 
Revenue 
sources. 
For 
purposes 
of 
funding 
its 
activities, the Office of Tourism aaa--C-ommun-k-y--gevelepffieHI;, is 
authorized to accept donations from private sources and shall 
consult with donors in making distribution determinations. 
4. 
Administrative 
costs. 
The 
Office 
of 
Tourism 
aaa 
bemm~aity-geye±epmeat may retain a portion of the total donations 
collected 
equivalent 
to 
the 
office's 
administrative 
costs 
incurred in the collection 
and remission of the donations, not 
to exceed 2% of the total donations collected. 
5. 
Reporting 
requirements. 
The 
Office 
of 
Tourism 
aae 
befRfR~Bit;.y-tle:veleplRea~ shall submit a report by February 1, 1998 
and February 1st of each subsequent year to the joint standing 
committees of the Legislature having jurisdiction over economic 
development matters 
and 
appropriations 
and 
financial 
affairs 
identifying the amount collected and how the fund was disbursed 
by the office. 
6. 
Repeal. 
This section is repealed on July 1, 2007. 
The 
Office of Tourism 
aae--C-ommun-i-t-y--tleveleplRea~ shall provide its 
recommendations to the Governor and the joint standing committee 
of the Legislature having jurisdiction over economic development 
matters concerning the need for extending authorization of the 
fund. 
Sec. 17. 5 MRSA §13092-A, as enacted by PL 1989, c. 553, §l 
and amended by c. 700, Pt. A, §2l and repealed by c. 875, Pt. M, 
§§8 and 13, is repealed. 
SUMMARY 
This bill separates the Office of Tourism and 
Development 
in 
the 
Department 
of 
Economic 
and 
Development into 2 separate and distinct offices. 
Community 
Community