Maine Legislature, Session 123, LD 1995
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, SMITH, HOBBINS, NUTTING, SCHNEIDER, BEAUDETTE, EBERLE, PINGREE, SAMSON, SILSBY
Amends: 5 MRSA §13033, 5 MRSA §13034, 5 MRSA §13035

Legislative Document 
S.P.789 
All Act To StreBgtllen the Maine Small Business and 
Entrepreue.rship Cemmission 
No. 1995 
December 18,2007 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed. 
Presented by Senator BROMLEY of Cumberlan<i~ 
Cosponsored by Representative SMITH of Monmouth and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: HOBBINS of York, NUTTING of Androscoggin, SCHNEIDER of Penobscot, 
Representatives: BEAUDETTE of Biddeford, EBERLE of South Portland, PINGREE of North 
Haven, SAMSON of Auburn, SILSBY of Augusta. 
Printed on rOc:ycled paper 
Be it enacted by tile People of the State of Maine as follows: 
Sec. 1. 5 MRSA §13033, as amended by PL 2005, c. 425, §3, is repealed and the 
following enacted in its place: 
§13033. Membership; staff 
1. Membership. The commission consists of 10 members: 
A. The Chief Executive Officer of the Finance Authority of Maine or the chief 
executive officer's designee; 
B. The commissioner or the commissioner's designee; 
C. The Senate and House chairs of the joint standing committee of the Legislature 
having jurisdiction over business, research and economic development matters, who 
II 
are ex officio, nonvoting members; 
D. The chair of the Small Business Development Center's Advisory Council; 
E. The District Director of the United States Small Business Administration's Maine 
District Office; 
F. A designee from the administrative unit; and 
G. 
Three public members with expertise and knowledge in small business and 
entrepreneurship, appointed by the Governor and subject to confirmation by· the 
Senate. A member appointed pursuant to this paragraph serves a 3-year term. 
Members serving by virtue of their status pursuant to paragraphs A to F serve as long as 
they maintain that status. 
2. Chair. The commissioner or the commissioner's designee serves as chair of the 
commission. 
3. Staff. The department shall provide staff, including professional staff and clerical 
support, to the commission. 
Sec. 2. 5 MRSA §13034, sub-§2, as amended by PL 2001, c. 142, §3, is further 
amended to read: 
2. Evaluate small business programs. Evaluate and make recommendations to 
coordinate small business and entrepreneurial programs statewide, including those 
administered or overseen by the department; and 
Sec. 3. 5 MRSA §13034, sub-§3, as amended by PL 2001, c. 142, §3, is further 
amended to read: 
3. Issue reports and recommendations. Issue reports and recommendations to the 
commissioner, the Governor and the Legislature in regard to programs that support or 
promote small business assistance and entrepreneurship;--aREi~ 
I 
Sec. 4. 5 MRS A §13034, sub-§4, as enacted by PL 1989, c. 875, Pt. L, §§2 and 4, 
is repealed. 
Sec. S. 5 MRSA §13035, sub-§4 is enacted to read: 
4. Board of directors. The commission shall operate as the functional equivalent of 
the board of directors for tile Small Business Development Center Program in the State 
and shall ensure compliance with federal guidelines for the program. In acting as the 
board of directors, the commission shall submit to the joint standing committee of the 
Legislature having jurisdiction over business and economic development matters for 
review by January 31 st in each first regular session: 
A. A set of governance procedures adopted by the commission for the program: and 
II 
B. The commission's recommendation for funding the Small Business Development 
Center Program. 
Sec. 6. 5 MRSA §13035, sub-§5 is enacted to read: 
5. Chair's annual report. The commission, through the chair, shall annually issue a 
IS 
report on small business economic development in the State. 
Sec. 7. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 5, 
section 13033, subsection I, paragraph G, the Governor shall Dominate the 3 public 
members of the Maine Small Business and Entrepreneurship Commission for 
confirmation by the Senate in the First Regular Session of the 124th Legislature so that 
one member serves a one-year term, one member serves a 2-year term and one member 
serves a 3-year term. Members appointed after that session are appointed for 3-year 
terms. 
SUMMARY 
This bill makes several changes to the law governing the Maine Small Business and 
Entrepreneurship Commission. Specifically, the bill does the following. 
I. Under current law, the Commissioner of Economic and Community Development 
appoints 3 public members to the commission with expertise and Imowledge in small 
business and entrepreneurship. Under this bill, the Governor appoints those members, 
subject to confirmation by the Senate, for 3-year staggered terms. 
2. 
The bill provides that the chair of the commission is the Commissioner of 
Economic and Community Development or the commissioner's designee. 
3. The bill requires the Department of Economic and Community Development to 
provide both professional and clerical staff to the commission. 
4. The bill makes the commission the functional equivalent of a board of directors 
for the Small Business Development Center Program and requires the commission to 
adopt a set of governance procedures and submit funding recommendations to the joint 
I 
standing committee of the Legislature having jurisdiction over business and economic 
development matters. 
5. The bill requires the chair of the commission to issue an annual report on small 
business economic development in the State.