An Act To Contain Costs, Reduce Paperwork and Streamline the Regulatory Process for Maine's Small Businesses
Maine Legislature, Session 122, LD 1263
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, SCHNEIDER, MILLS, SMITH, DAMON, HOBBINS, AUSTIN, BEAUDETTE, BRYANT, CANAVAN, CROSBY, FARRINGTON
Amends: 5 MRSA §56

Legislative Document 
No. 1263 
S.P.443 
In Senate, March 15,2005 
An Act To Contain Costs, Reduce Paperwork and Streamline the 
Regulatory Process for Maine's Small Businesses 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Cosponsored by Senator SCHNEIDER of Penobscot, Representative MILLS of Farmington, 
Representative SMITH of Monmouth and 
Senators: DAMON of Hancock, HOBBINS of York, Representatives: AUSTIN of Gray, 
BEAUDETTE of Biddeford, BRYANT of Windham, CANAVAN of Waterville, CROSBY of 
Topsham, FARRINGTON of Gorham. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 2 MRSA c. 7 is enacted to read: 
CHAPTER 7 
SMALL BUSlliESS OMBUDSMAN 
SISI. 
Small Business Ombudsman 
The 
Goyernor 
shall 
appoint, 
within 
existing 
budgeted 
resources, an ombudsman within the Governor's office, referred to 
as 
"the 
Small 
Business 
Ombudsman," 
to 
work 
with 
the 
small 
business community in the State and state agencies. The Small 
Business Ombudsman shall: 
1. 
Adyocate. 
Advocate for 
the small business community 
with 
state 
agencies 
and 
seek 
ways 
to 
reduce 
paperwork 
reguirements for small businesses; 
2. 
Seek ways to combine or coordinate inspections. 
Seek 
ways that state agencies can combine or coordinate inspections of 
small businesses; 
3. 
Assist smAll businesses. Assist small businesses when 
they experience unfair regulatory actions or enforcement by state 
agencies; 
4. 
Work with smAll business community. Work with the small 
business community and state agencies in implementing section 
8052, subsection 5-A, which requires agencies to minimize burdens 
on small businesses when issuing rules; and 
5. 
Study and reduce barriers. Study and reduce barriers 
within State Goyernment to small businesses' and entrepreneurs' 
doing business in the State. 
Sec. 2. 5 MRSA §S6, first" as enacted by PL 200L c. 96, §L 
is amended to read: 
The Maine Regulatory Fairness Board, referred to in this 
section as the "board," is established to hear testimony and to 
report to the Legislature and the Governor at least aBBlially Q 
times a year on regulatory and statutory changes necessary to 
enhance the State's business climate. 
Sec. 3. 5 MRSA §S6, sub-§I, as amended by PL 2003, c. 681, §2, 
is repealed and the following enacted in its place: 
(j 
1. 
Membership. 
The bo ar d cons i s t"'s'---"o'-"f'---'-7_'-"m""e"'m"'b<..>eur'-'s"------"w,...h"-'o"----"ao-,r'-'=-e 
owners, operators or officers of businesses operating in every 
region of the State, as follows: 
A. 
One member appointed by the President of the Senate; 
B. 
One member appointed by the Speaker of the House; and 
C. 
Five members appointed by the Governor. at least 3 of 
whom 
must 
represent 
businesses 
with 
fewer 
than 
employees. 
Pr ior to making these appointments final, the 
Governor 
or 
the 
Governor's 
designee 
shall 
present 
the 
appointments 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over business, research and 
economic development matters. 
An officer or employee of State Government may not be a member of 
the board. 
Sec. 4. 5 MRSA §56, sub-§2, as enacted by PL 2001, c. 96, §1, 
is amended to read: 
2. 
Terms of appointment. 
G~--t-lHr--~n~t;~aJ,--appo-i-n-t.-ee-s-,--t;Re 
~~~st;--~-~~-~~~-By--t;h&-~~r-~~~--~~~~-6-yea~ 
t;e~ms~-_t~-&&~t;-~-~~-appe~Bt;eQ-~-t;&&-~e~e£~e£-~~~~-se~ve 
6-yea~-~~Fffi&r-_t~-last;-~~-~~~-9y-~~-~~--w~*l 
se~ye-~~~-t;e~mT 
ypeB-~~~~~~~-t;Re-~~-t~~-~~~-e~ 
e~~~ee-F~£~~~~~-_t~-t~~-~~t;~&r-eaeR Each member appointed to 
the board must be appointed to serve a 3-year term. 
No member 
may serve more than 3 consecutive terms. 
Sec. 5. 5 MRSA §56. sub-§4. "A and B, as enacted by PL 2001, 
c. 96, §1, are amended to read: 
A. 
Meet at least 
t;w~ee--anB~aJ,J,y 6 
times 
a 
year in a 
different ~e~~eB ~ions of the State to hear testimony from 
businesses 
regarding 
their 
concerns 
about 
enforcement 
activities of ~t;at;e state departments and agencies; and 
B. 
Report to the Governor and the Legislature at;--1&ast; 
ann~aJ,J,y 
times 
a 
year 
on 
complaints 
of 
excessive 
enforcement actions against businesses by departments and 
agencies of State Government. The report also must include 
recommendations 
for 
regulatory and statutory changes, 
if 
any, that will enhance the State's business climate. 
Sec. 6. 5 MRSA §56, sub-§§5 and 6, as enacted by PL 2001, c. 
96, §1, are amended to read: 
5. 
Annual 
report. 
The 
eeaFQ 
Small 
Business 
Ombudsman 
established in Title 2, section 151 shall report by February 1st 
of each year to the Governor and to the joint standing committee 
of the Legislature having jurisdiction over business and economic 
development matters 
and 
the joint standing committee of 
the 
Legislature having jurisdiction over state and local government 
matters on its the board's findings and recommendations. 
The 
ombudsman's report must include the number of cases heard before 
the board, a description of the types of issues addressed, how 
the issues were resolved and suggested changes to laws. 
6. 
Technical assistance. 
Business Ombudsman established 
provide technical support to the 
The 
State-..p.J-ann-~-Qffiee Small 
in Title 2, 
section 151 shall 
board. 
Sec. 7. Transition. 
Members serving on 
Fairness Board on the effective date of 
serve 
for 
the 
remainder 
of 
the 
terms 
appointed. 
the Maine Regulatory 
this Act continue to 
for 
which 
they were 
SUMMARY 
This bill establishes the Small Business Ombudsman position 
within 
the 
Governor's 
office 
within 
existing 
resources 
to 
advocate for the small business community with state agencies and 
to provide technical assistance to the Maine Regulatory Fairness 
Board. 
The bill also adds 2 members to the board, one appointed 
by the President of the Senate and one appointed by the Speaker 
JO 
of the House. 
It changes the frequency of the board's reports to 
the Governor and the Legislature from 2 times a year to 6 times a 
j2 
year 
and 
requires 
that 
the 
Small 
Business 
Ombudsman 
report 
certain 
information 
to 
the 
Governor 
and 
the 
joint 
standing 
committees of the Legislature having jurisdiction over business 
and economic development matters and state and local government 
matters. 
It also requires the board to meet 6 times a year as 
opposed to 2 times.