Resolve, To Establish the Commission To Study Incentives That Foster Small Business Practices That Support the Economic Growth and Well-being of Maine People and Communities
Maine Legislature, Session 122, LD 1358
Committee: Business, Research and Economic Development
Sponsors: WEBSTER, DOW, CUMMINGS, DUDLEY, FARRINGTON, O'BRIEN, SMITH, WATSON, BROMLEY, SCHNEIDER

Legislative Document 
No. 1358 
H.P.941 
House of Representatives, March 17,2005 
Resolve, To Establish the Commission To Study Incentives That 
Foster Small Business Practices That Support the Economic Growth 
and Well-being of Maine People and Communities 
(EMERGENCY) 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative WEBSTER of Freeport. 
Cosponsored by Senator DOW of Lincoln and 
11'/~ 1J? 71ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CUMMINGS of Portland, DUDLEY of Portland, FARRINGTON of Gorham, 
O'BRIEN of Lewiston, SMITH of Monmouth, WATSON of Bath, Senators: BROMLEY of 
Cumberland, SCHNEIDER of Penobscot. 
Printed on recycled paper 
Emergency preamble. 
Whereas, acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
until 
and 
resolves 
of 
the 
gO 
days 
after 
Whereas, this 
legislation establishes 
the 
Commission 
to 
Study 
Incentives 
that 
Foster 
Small 
Business 
Practices 
that 
Support the Economic Growth and Well-being of Maine People and 
Communities to develop strategies to encourage long-term positive 
practices between businesses, communities and the State; and 
Whereas, the 
study must 
be initiated before the 
gO-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Commission established. Resolved: 
That the Commission 
to Study Incentives that Foster Small Business Practices that 
Support the Economic Growth and Well-being of Maine People and 
Communities, referred to in this resolve as "the commission," is 
established; and be it further 
Sec. 2. Commission membership. Resolved: 
That the commission 
consists of the following members appointed as follows: 
1. 
Three Senators appointed by the President of the Senate, 
one of whom serves on the Joint Standing Committee on Business, 
Research and Economic Development; 
one of whom serves on the 
Joint Standing Committee on Taxation; and one of whom serves on 
the Joint Standing Committee on State and Local Government: 
2. 
Three members of the House of Representatives appointed 
by the Speaker of the House of Representatives, 
one of whom 
serves on the Joint Standing Committee on Business, Research and 
Economic Development: one of whom serves on the Joint Standing 
Committee on Taxation; 
and one of whom 
serves on the Joint 
Standing Committee on State and Local Government; 
3. 
The Commissioner of Labor or the commissioner's designee; 
4. 
The Executive Director of the Bureau of Revenue Services 
within the Department of Administrative and Financial Services, 
or the executive director's designee; and 
5. 
The following members appointed by the Governor: 
Page l-LRI302(1) 
A. 
A member representing the Maine Council of Churches or a 
similar organization; 
B. 
A member representing the interests of small businesses; 
and 
C. 
A 
member 
representing 
Maine 
Businesses 
for 
Social 
Responsibility or a similar organization; and be it further 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the commission and the first-named House 
of Representatives member is the House chair of the commission; 
and be it further 
Sec. 4. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
Wi thin 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the commission; and be it further 
Sec. 5. Duties. Resolved: 
That the commission shall review 
strategies and business supports that might be made available as 
positive incentives to businesses in this State that actively 
implement traditional, fair and responsible business practices 
and engage in acti vi ties that support the well-being of Maine 
communities by going beyond the bare minimum of complying with 
the laws of the State. 
In conducting its review, the commission 
shall: 
1. 
Identify state 
employed to support such 
and 
create 
long-term 
businesses, community and 
practices 
businesses 
positive 
the State; 
and incentives that might be 
in continuing such practices 
business 
practices 
among 
2. 
Identify measurable business practice indicators that 
the State can use to determine if a 
business qualifies for 
identified preferences or incentives; and 
3. 
Develop a process by which a business that meets certain 
minimum business practice indicators would 
receive identified 
preferences or incentives; and be it further 
Sec. 6. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and Legal Analysis 
shall provide necessary staffing services to the commission; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the commission are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and reimbursement for travel and other necessary expenses 
related 
to 
their 
attendance 
at 
authorized 
meetings 
of 
the 
commission. 
Public members not otherwise compensated by their 
employers or other entities that they represent are entitled to 
receive 
reimbursement 
of 
necessary 
expenses 
and, 
upon 
a 
demonstration of financial hardship, 
a per diem equal to the 
legislative per diem for their attendance at authorized meetings 
of the commission; and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than December 7, 
2005, 
the commission shall submit a 
report that includes its 
findings 
and 
recommendations, 
including suggested legislation, 
for presentation to the Second Regular Session of the 122nd 
Legislature. 
The 
commission 
is 
authorized 
to 
introduce 
legislation related to its report to the Second Regular Session 
of the 122nd Legislature at the time of submission of its report; 
and be it further 
Sec. 9. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, 
shall 
administer the commission's budget. 
Within 10 days after its 
first meeting, 
the commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission may 
not incur expenses 
that would result in the 
commission's exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds; and be it further 
Sec. 11. Outside funding. Resolved: 
That the chairs of the 
commission may seek and accept outside funding. 
Prompt notice of 
solicitation 
and 
acceptance 
of 
funds 
must 
be 
sent 
to 
the 
Legislative Council. 
All funds accepted must be forwarded to the 
Executive Director of the Legislative Council 
along with an 
accounting 
that 
includes 
amount, 
date 
received, 
from 
whom, 
purpose 
and limitation on use 
of the 
funds. 
The 
Executive 
Director 
of 
the 
Legislative 
Council 
administers 
any 
funds 
received. 
Expenses that have an effect on the General Fund may 
not be incurred by the commission. 
11' 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve establishes the Commission to Study Incentives 
that Foster Small Business Practices that Support the Economic 
Growth and Well-being of Maine People and Communities.