An Act To Improve Assistance for Technology-based Entrepreneurs
Maine Legislature, Session 124, LD 0892
Sponsors: SCHNEIDER, RUSSELL, MacDONALD, MARTIN
Amends: 5 MRSA §12004-G, 5 MRSA §15321

MAINE STATE LEGISLATURE 
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o iAIE LAW LIBRAqy 
AUGVSTA ~1AtM~ 
124thMAI E LEGISLATURE 
. Legislative Document 
'No.892 
S.P.342 
In Senate, March 5, 2009 
An Act To Improve Assistance for Technology-based Entrepreneurs 
Submitted by the Department of Economic and Community Development pursuant to Joint 
Rule 204. 
Reference to the Cominittee on Business, Research and Economic Development suggested 
and ordered print(;::d. 
9t9(J~ 
Presented by Senator SCHNEIDER ofPenobscbt.. 
Cosponsored by Representative RUSSELL of Portland and 
Representatives: MacDONALD of Boothbay, MARTIN of Orono. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-G, sub-§33-E, as amended by PL 2005, c. 19, §1, is 
repealed. 
Sec. 2. 5 MRSA §15321, as amended by PL 2007, c. 597, §7, -is further amended 
to read: 
§15321. Technology centers 
1. Establishment; purpose. The technology centers, referred to in this section as 
the "centers," are established. The purpose of the centers is to permft support early-stage 
development of technology-based businesses '.vhile minimizing or eliminating debilitating 
overhead expenses. The self-managed, state-coordinated centers, strategically placed 
throughout the State, are an integral component of the State's efforts to foster new 
technology-based businesses. The goals of the centers include the following: 
A. The retention of successful start-up businesses in the State; 
B. 
The improvement of opportunities for workers through the creation of 
technologically advanced jobs; and 
C. The encouragement of private-sedor initiatives~:. 
D. 
The renovation and utilization of vacant commercial real estate; and 
E. The generation of new sources of revenue for local and state tax bases. 
2. 
Administration. The following provisions govern the administration of the-
centers. 
B. The Department of Economic and Community Development shall establish a 
Technology Center Coordinating Board that consists of interested parties in the State 
to coordinate center activities. The Technology Center Coordinating Board consists 
of at ieast the following members: 
(1) 
The Commissioner of Economic and 
Community Development or the 
commissioner's designee; 
(3) l .... representative from each technology center, chosen by that center; 
(4) 
i". representative from the University of Maine System, chosen by the 
Chancellor of the University of Maine System;-
(5) A representative of the Maine Community College System, chosen by the 
President of the Maine Community College System; 
(6) A representative of a nonprofit organization that is funded by the State and 
promotes the State to business entities, chosen by that organization; 
(7) An attorney, chosen by the Commis$ioner of Economic and Community 
Development; 
(8) 
l\ financial expert, chosen by the Commissioner of Economic and 
Community Development; and 
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(9) A renresentative of the institute., 
C. Each technology center is governed by its own board of direCtors. Each board of 
directors shall establish standards for the selection of tenants determine services to be 
provided pursuant to subsection 3, paragraph E. 
D. 
The Department of Economic and Community Development shall determine 
.. ",here the technology centers are to be located. 
E. 
The Department of Economic and Community Development shall determine 
assistance criteria and desired program outcomes and establish an application process 
so that technology centers possessing personnel with applicable skills can be chosen 
to best deliver services to technology-based entrepreneurs within a respective area. 
3. Technology centers. The following provisions govern technology centers. 
A. A technology center may be incorporated as a nonprofit organization, be part of a 
nonprofit organization, be incorporated as a for-profit organization or be part of a for-
profit organi'zation. The following provisions govern a for-profit technology center. 
(1) Services made available to a technology center by the center director must be 
made available to all tenants clients of a for-profit center. 
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(2) A for-profit center in a targeted technology may apply for available funding. 
A for-profit center seleCted for funding shall accept the funding as a' loan that 
may be paid back in the fOIm of cash, equity or royalties as agreed upon by the 
for-profit center and the Department of Economic and Community Development. 
C. 
Bach technology center shall provide shared, lov,' cost space to selected,tenants 
cmd be designed to be self sufficient '.'lith regard to operational costs and structural 
maintenance. 
Existing real estate must be considered where suitable. 
Specific, 
business support tailored to each tenant must be provided by existing organizations 
such as the small busine'ss development centers and regional economic development 
districts. Bach technology center must have simultaneous broadcast or interactive 
television capability or access to these capabilities nearby to facilitate common 
trainirig for the system. 
D. The records and proceedings of the technology centers' are public for the purposes 
of Title 1, chapter 13 except that the following records are designated as confidential 
for the purposes of Title 1, section 402, subsection 3, paragraph A: 
(1) A record obtained or developed by a technology center prior to receipt of a 
written application or proposal in a form acceptable to the technology center for 
assistance from the technology center. After receipt by the technology center of 
the application or proposal, a record peliaining to the application or proposal may 
, not be considered confidential unless it is cOIlfidential under another provision of 
this paragraph; 
(2)' A p~er review or analysis or other document i'elated to the evaluation of a 
grant application or proposal; 
(3) A record that the person, including the technology center,to whom the record 
belongs or pertains has requested' be designated confidential and that the 
technology center has determiIied contains proprietary information, trade secrets 
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or commercial or firiancial information, the release of which could be 
competitively harmful to the submitter of the information, could impair the 
technology center's ability in the future to obtain similar necessary information 
solely through the voluntary provision of such information and could affect other 
technology center interests, such as program effectiveness and compliance. For 
purposes of this subparagraph, the following terms have the following meanings.o_ 
(a) 
"Commercial or financial information" means information related to 
businesses, commerce, trade, employment, profits or finances, including 
personal finances. 
(b) 
"Trade secret" means a secret, commercially valuable plan, formula, 
process or device that is used for the making, preparing, compounding or 
processing of trade commodities and that can be said to be the end product of 
either innovation· or substantial effort. There must be a direct relationship 
between the trade secret and the productive process; 
(4) A financi'al· statement, credit report or tax return of an individual or other 
record obtained or developed by the technology center, the disclosure of which 
would constitute an invasion. of personal privacy as determined by the technology 
center; 
(5) A record, including a financial statement or tax return obtained or developed 
by the technology center in connection with a monitoring or servicing activity of 
the technology center, pertaining to financial assistance provided or to be 
provided by or with the assistance of the technology center; 
(6) A record obtained or developed by the technology center that contains an-
assessment by a person who is not employed by the technology center of the 
creditworthiness or financial condition of a person or project; 
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(7) A financial statement or business and marketing plan in connection with a 
project receiving or to receive financial or other assistance from the technology 
center, if the person to whom the statement or plan belongs or pertains has 
requested that the record be designated confidential; and 
(8) Those employee personnel records made confidential pursuant to section 957, 
subsection 5 and section 17057. 
E. The technology centers shall provide support for early-stage technol~gy-based 
businesses in the State through at least one of the following mechanisms: 
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(1) One-on-one sessions; 
(2) Peer networks; 
(3) Classroom training on subjects unique to technology commercialization and 
the management of high-growth enterprises; 
(4) Mentor programs that link senior technology executives with entrepreneurs; 
and 
(5) Networking opportunities. 
4. Funding. The following provisions govern funding for technology centers. 
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A. 
An applicant may not receive mere than $750,000 in an initial funding for a 
technolo!!V center. 
,C. Funding for the technology centers must be commensurate with the level of 
assistance provided. 
D. All funding must be provided on a competitive basis. 
5. Relationship with academic institution. A technology center shall establish a 
relationship with at least one academic institution in this State. The Technology Center 
Coordinating Board Depal1ment of Economic and Community' Development shall 
establish guidelines for such a relatinnship and determine whether a technology center 
has met the requirements of this subsection. 
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6. 
Ru!e-ma!dng authority. 
The Department of Economic and Community 
Development may adopt rules to carry'out the purposes of this section. Rules adopted 
pursuant to this section are routine technical rules as defined in chapter 375, subchapter 
2-A. 
SUMMARY 
This bill' provides a broader set of assistance options for technology-based 
entrepreneurs than cUll"ently available through the applied, technology development 
centers. Since the outreach will no longer be confined by physical locations, technology-
based entrepreneurs will have access to more targeted services. Adapting the CUll"ent 
program to be more responsive and far-reachingwill foster high-growth entrepreneurship, 
which has been found to have a significant impact on economic growth.