An Act To Contain Costs, Reduce Paperwork and Streamline the Regulatory Process for Maine's Small Businesses Fiscal Detail and Notes
Maine Legislature, Session 122, LD 1263
Committee Amendment CA_A_S348 (Senate)
Amends: 5 MRSA §934-A, 5 MRSA §13034, 5 MRSA §13055, 5 MRSA §13061, 5 MRSA §13062

COMMITTEE AMENDMENT ,A, to S.P. 443, L.D. 1263, Bill, "An 
Act 
To 
Contain Costs, 
Reduce 
Paperwork 
and 
Streamline 
the 
Regulatory Process for Maine's Small Businesses" 
Amend the bill by striking out all of sections 1 and 2. 
Further amend the bill in secti)ll 3 in subsection 1 
by 
striking out all of paragraph C (page 2, lines 9 to 15 in L.D.) 
and inserting in its place the following: 
'C. 
Five members appointed by the Governor. at least 2 of 
whom must represent businesses with fewer than 50 employees 
and at least 2 of whom must represent businesses with fewer 
than 
employees. 
Prior 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. ' 
Further amend the bill by striking out all of sections 5 and 
and inserting in their place the following: 
'Sec. 5. 5MRSA§56,sub-§4,1fA, as enacted by PL 2001, c. 96, 
§1, is amended to read: 
A. 
Meet at least t:wiee--a:a-B-1*ally 3 times a year in --a-
different Fe~ieB regions of the State to hear testimony from 
businesses 
regarding 
their 
concerns 
about 
enforcement 
activities of St:at:e state departmer.;'s and agencies: and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to S.P. 443, L.D. 1263 
Sec. 6. 5 MRSA §934-A, sub-§l, 1rB, as amended by PL 2003, c. 
673, Pt. M, §l, is further amended to read: 
B. 
Deputy 
Commissioner 
and 
Chief 
Executive 
of 
Small 
Business and Entrepreneurship; 
Sec. 7. 5 MRSA §13034, sub-§4, 1JA, as enacted by PL 1989, c. 
875, Pt. L, §§2 and 4, is amended to read: 
A. 
Funding of professional staff must be provided by the 
department from resources made available to the Office of 
Business 
Development 
and 
Entrepreneurship 
for 
personal 
services. 
Sec. 8. 5 MRSA §13055, sub-§l, 1JA, as amended by PL 2003, c. 
198, §l, is further amended to read: 
A. 
The Office of Business Development and Entrepreneurship; 
Sec. 9. 5 MRSA §13061, as enacted by PL 1987, c. 534, Pt. A, 
§§17 and 19, is amended to read: 
§1306l. Office established 
The 
commissioner shall establish the Office of Business 
Development and Entrepreneurship. 
This office shall encourage 
the initiation, expansion and location of businesses in Maine 
waiea ~ 
would 
expand quality employment opportunities for 
Maine citizens. 
The 
Office of 
Business 
Development 
and Entrepreneurship 
shall 
encourage 
business 
by 
removing 
barriers 
to 
growth, 
facilitating 
exploration 
of 
opportunities 
and 
providing 
assistance necessary to enhance business consistent with the 
State's economic development strategy. 
Sec. 10. 5 MRSA §13062, as amended by PL 2003, c. 673, Pt. M, 
§6, is further amended to read: 
§13062. Office of Business Development and Entrepreneurship 
The Director of the Office of Business Development 
and 
Entrepreneurship shall administer the office in accordance with 
the policies of the commissioner and the 
prov~s~ons of this 
chapter, emphasizing a program of targeted business development 
designed to attract and support particular types of businesses 
that have potential for Maine and busLwsses that are considered 
to be compatible with Maine's environment and interests. 
The 
office shall actively seek and encourage firms to expand or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,~, to S.P. 443, L.D. 1263 
locate 
in 
Maine. 
The 
office 
implementation of programs designed 
national and international markets 
industry located in Maine. 
is 
responsible 
for 
the 
to promote Maine products in 
and to develop markets for 
The 
Office of 
Business 
Development 
and 
Entrepreneurship 
shall 
&e--~espeasi&le--~e~--Ehe--implemeaEaEiea--e~ implement 
a 
program consisting of 3 primary elements. 
1. 
Business investment. 
Business investment shall IDY£t be 
encouraged consistent with this subsection. 
A. 
The office shall conduct an analysis of the various 
industrial sectors of the economy. 
The types of businesses 
to be targeted for attraction and support are those that 
have potential 
for 
development 
in Maine 
and that will 
contribute to 
a healthy climate for Maine's businesses, 
families and environment. 
B. 
The office shall report its findings and recommendations 
to the commissioner. 
The commissioner, with the advice of 
the directorL 
shall determine the type and extent of the 
business investment program to be implemented. 
C. 
The director, with the approval of the commissioner, may 
make grants for market development from appropriations for 
that purpose to any municipality or group of municipalities 
whieh-kave that has received a grant of authority from the 
Federal Government to establish a foreign trade zone. 
D. 
Application for 
foreign 
trade 
zones 
shall must 
be 
according to this paragraph. 
(1) 
The 
director, 
with 
the 
approval 
of 
the 
commissioner, 
on 
behalf 
of 
the 
State, 
may 
make 
applications 
to 
the 
Foreign 
Trade 
Zone 
Board 
and 
establish foreign trade zones that are to be located on 
state-owned, leased or otherwise controlled property. 
A municipality, .9 group of municipalities or a public 
or private corporation may, with the approval of the 
department, make applications to the Foreign Trade Zone 
Board 
and 
establish 
foreign 
trade 
zones 
at 
other 
locations. 
Foreign 
trade 
zones 
shall 
must 
be 
established in or adjacent to any ports of entry in the 
State, where personal property in transit shall must be 
exempt from the stock-in-trade tax and such other taxes 
and customs as are normally levied in a port of entry. 
(2) 
Any development or activity with a foreign trade 
zone established in the State is subject to the laws 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A" to S.P. 443, L.D. 1263 
waiea that the Department of Environmental Protection, 
Department 
of 
Conservation, 
Department 
of 
Marine 
Resources 
and 
Department 
of 
Inland 
Fisheries 
and 
Wildlife are responsible for administering, as well as 
any other law waiea ~ 
protects the environment. 
(3) 
For the purpose of this subsection, 
"personal 
property in transit" 
through 
the 
areas established 
under 
this 
paragraph 
means 
goods, 
wares 
and 
merchandise 
either 
moving 
in 
interstate 
or 
international commerce through these zones or consigned 
to a warehouse, public or private, within these zones, 
whether 
specified 
when 
transportation 
begins 
or 
afterward. 
This property saa~~ ~ 
not be deprived of 
exemption because, while in the warehouse, the property 
is assembled, bound, joined, processed, disassembled, 
divided, cut, broken in bulk, relabeled or repackaged. 
The exemption granted saa~~ ~ 
be liberally construed 
to 
effect 
the 
purposes 
of 
this 
subsection. 
The 
warehouse in which these goods, wares or merchandise 
are stored saa~~ ~ 
not be owned, in whole or in part, 
by either the consignee or consignor. 
This paragraph 
does not apply to agricultural products. 
2. 
Business assistance. Business assistance services saa;!.;!. 
must be provided consistent with this subsection. 
A. 
The office shall provide business assistance services 
that are convenient to businesses throughout the State. 
The 
office shall 
use certified local 
and 
regional 
economic 
development 
organizations, 
educational 
institutions 
or 
certified private sector firms to implement this subsection. 
(1) 
Business assistance services Baa;!.;!. ~ 
include 
managerial and technical assistance and assistance with 
applications 
for 
loans 
and 
the 
completion 
of 
applications for licenses and permits from regulatory 
agencies. 
(2) 
The office, in conjunction with local and regional 
organizations and other institutions and firms in the 
private sector with marketing expertise, may conduct 
seminars on marketing and marketing-related topics for 
Maine businesses. 
B. 
In accordance with section 13063, 
the office shall 
implement 
a 
program 
to 
assist 
businesses 
by 
referring 
businesses and persons to the proper agencies designed to 
provide the business services or assistance requested, and 
to serve as a central clearing house of information with 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~, to S.P. 443, L.D. 1263 
respect 
to 
business 
assistance 
programs 
available in the State. 
and 
services 
3. 
Industry-wide assistance and market development. 
The 
director sha],],.-se li responsible for a program of industry-wide 
assistance and market development. 
A. 
The director shall work with other state agencies whieh 
thst 
implement marketing programs and strive to coordinate 
the marketing activities of the department with those of 
other agencies whenever possible. 
B. 
The director shall ae-Ee6p9Bsia~e, to the maximum extent 
possible, 
~9E--pE9viaiB~ provide 
assistance 
to 
industry 
sectors and business to identify market opportunities, .tQ 
develop 
market 
strategies 
and 
to 
promote 
industry-wide 
development. 
Sec. 11. 
Revision clause. 
Wherever 
in 
the 
Maine 
Revised 
Statutes the words "Office of Business Development" appear or 
reference is made to that office or those words, they are amended 
to 
read 
and 
mean 
"Office 
of 
Business 
Development 
and 
Entrepreneurship" or "office," as appropriate, and the Revisor of 
Statutes shall implement this revision when updating, publishing 
or republishing the statutes.' 
Further amend the bill by 
nonconsecutive 
Part 
letter 
consecutively. 
relettering 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment deletes the provisions in the bill that would 
establish 
the 
Small 
Business 
Ombudsman 
position within 
the 
Governor's office. 
It also deletes the provisions that would 
have increased the Maine Regulatory Fairness Board's reporting 
requirements to the Governor and the Legislature from annually to 
times a year. 
It decreases the board's meeting requirements 
from 6 times a year to at least 3 times a year. 
It also provides 
that the Governor's appointees to the board must represent at 
least 2 members from businesses with fewer than 50 employees and 
at least 2 members from businesses with less than 20 employees. 
It also adds to the title of the Deputy Commissioner of Economic 
and Community Development the title of Chief Executive of Small 
Business and Entrepreneurship. 
It also changes the title of the 
Office 
of 
Business 
Development 
to 
the 
Office 
of 
Business 
Development 
and Entrepreneurship. 
It expands 
the requirement 
that the Office of Business Development 
and Entrepreneurship 
focus on not only attracting, but also supporting, particular 
types 
of 
businesses 
that 
have 
potential 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A .. to S.P. 443, L.D. 1263 
for Maine and businesses that are considered to be compatible 
wi th Maine's environment and interests. 
It also provides that 
when the office conducts an analysis of the various industrial 
sectors of the economy, the office shall analyze the types of 
businesses to be targeted for support, as well as attraction. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/06/05 ~ae 
LD 1263 
LROI07(02) 
An Act To Contain Costs, Reduce Paperwork and Streamline the Regulatory Process for Maine's 
Small Businesses 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ,A, 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Office of Business Development and Entrepreneurship within the Department of Economic and 
Community Development can be absorbed within existing budgeted resources. 
LROI07(2) - Fiscal Note - Page 1 of 1