An Act the Regulatory to COMMITTEE AMENDMENT "A" to S.P. 443, To Contain Costs, Reduce Paperwork and Process for Maine's Small Businesses
Maine Legislature, Session 122, LD 1263
Committee Amendment CA_A-HA_A_H678 (House)
Amends: 5 MRSA §57

AMENDMENT "A" 
Bill, "An Act 
the Regulatory 
to COMMITTEE AMENDMENT "A" to S.P. 443, 
To Contain Costs, Reduce Paperwork and 
Process for Maine's Small Businesses" 
Amend the amendment by striking out all of the 2nd paragraph 
after the title (page 1, 
lines 
to 
in amendment) 
and 
inserting in its place the following: 
'Further amend the bill by striking out all of sections 3 
and 4 and inserting in their place the following: 
'Sec. 3. 5 MRSA §57 is enacted to read: 
§57. Maine Regulatory Fairness Board established 
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 annually on 
regulatory and statutory changes necessary to enhance the State's 
business climate. 
1. 
Memhership. 
The board consists of 7 members who are 
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 
Page l-LROI07(4) 
HOUSE AMENDMENT 
~.~ 
HOUSE AMENDMENT ,A" to COMMITTEE AMENDMENT "A" to S.P. 443, L.D. 
1263 
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. 
An officer or employee of State Government may not be a member of 
the board. 
2. 
Terms of APPOintment. 
Each member appointed to the 
board must be appointed to serve a 3-year term. 
No member may 
serve more than 3 consecutive terms. 
3. 
Chair: election of board officers: gporum. 
The members 
of the board shall annually elect a chair and a vice-chair from 
among the board members. 
A majority of members of the board 
constitutes a quorum for the purpose of conducting the board's 
business, except a lesser number may hold public hearings. 
4. 
Duties of board. 
The board shall: 
A. 
Meet at least 3 times a year in different regions of the 
State to hear testimony from 
businesses 
regarding their 
concerns about enforcement activities of state departments 
and agencies; and 
B. 
Report to the Governor and the Legislature at least 
annually 
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. 
5. 
Annual report. 
The board 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 findings and recommendations. 
6. 
Technical assistance. 
The State Planning Office shall 
provide technical support to the board.' , 
Further amend the amendment by striking out all of sections 
to 11 and inserting in their place the following: 
'Sec. 5. 5 MRSA c. 383, sub-c. 4-A is enacted to read: 
HOUSE AMENDMENT 
,-t'· 
HOUSE AMENDMENT ,A" to COMMITTEE AMENDMENT "A" to S. P. 443, L. D . 
1263 
SUBCBAPTER 4-A 
SMALL BUSINESS AND ENTREPRENEURSHIP 
§13100. 
Small Business and Entrepreneurship 
The 
commissioner 
shall 
create 
within 
existing 
budgeted 
resources the Office of Small Business and Entrepreneurship and 
appoint a director to operate the office. 
1. 
Director. 
The director reports to the commissioner. 
The director is responsible for advocacy, policies and programs 
that stimulate 
investment 
and 
growth 
in small 
business 
and 
entrepreneurship. 
The director is the liaison to the public for 
gubernatorial initiatives on small business and entrepreneurship. 
2. 
Duties. 
The director shall: 
A. 
Advocate 
for 
small 
business 
and 
entrepreneurship 
throughout all levels of State Government; 
B. 
Assist in the oversight and auditing of the State's 
investments 
in 
small 
business 
and 
entrepreneurship 
initiatives, programs and service providers: 
C. 
Chair the Maine Entrepreneurship Working Group, which 
shall act as the advisory group to the Maine Small Business 
and 
Entrepreneurship 
Commission 
and 
subsequently 
the 
department; 
D. 
Prepare 
a 
biennial 
state 
of 
small 
business 
and 
entrepreneurship report to the Legislature; and 
E. 
Oversee the Business Answers program, the Maine Products 
Marketing 
Program 
and 
other 
department 
programs 
and 
initiatives relevant to small business and entrepreneurship.' 
Further amend 
any 
nonconsecutive 
consecutively. 
the amendment by relettering or renumbering 
Part 
letter 
or 
section 
number 
to 
read 
HOUSE AMENDMENT 
fl." 
~ 
HOUSE AMENDMENT .. A .. to COMMITTEE AMENDMENT "A" to S.P. 443, L.D. 
1263 
SUMMARY 
This 
amendment directs the Commissioner of Economic 
and 
Community 
Development 
to 
create 
within 
existing 
budgeted 
resources the Office of Small Business and Entrepreneurship and 
outlines the duties of the Director of the Office of Small 
Business 
and 
Entrepreneurship. 
The 
amendment 
also 
strikes 
language 
that 
changes 
the 
name 
of 
the 
Office 
of 
Business 
Development 
to 
the 
Office 
of 
Business 
Development 
and 
Entrepreneurship. 
This amendment also reestablishes the Maine 
Regulatory Fairness Board. 
SPONSORED BY: 
(Representative 
TOWN: 
Monmouth 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
Approved: 06/09105 ;J!;:;I"ae 
LD 1263 
LR 0107(04) 
An Act To Contain Costs, Reduce Paperwork and Streamline the Regulatory Process for Maine's 
Small Businesses 
Fiscal Note for House Amendment ,~, to Committee Amendment ,A, 
Sponsor: Rep. Nancy Smith 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Fiscal Detail and Notes 
Since this legislation directs the Department of Economic and Community Development to create the Office of Small 
Business and Entrepreneurship within existing resources, no General Fund appropriations are provided. However, the 
ability of the Department to implement the requirements of this amendment without impacting existing programs and 
services can not be determined at this time. 
Additional costs to the State Planning Office to staff the Maine Regulatory Fairness Board can be absorbed within 
existing budgeted resources. 
LR0107(4) - Fiscal Note - Page 1 of 1