Resolve, Directing the Department of Economic and Community Development To Create and Administer a Fund for Live Entertainment Venue, Performer and Worker and Public Art Recovery Grants
Maine Legislature, Session 130, LD 1566
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: COLLINGS, BALDACCI, DODGE, LANDRY, ROBERTS, ROEDER, SACHS, TALBOT ROSS, HICKMAN, MAXMIN

Legislative Document
No. 1566
H.P. 1163
House of Representatives, April 27, 2021
Resolve, Directing the Department of Economic and Community 
Development To Create and Administer a Fund for Live 
Entertainment Venue, Performer and Worker and Public Art 
Recovery Grants
(EMERGENCY)
Received by the Clerk of the House on April 23, 2021.  Referred to the Committee on 
Innovation, Development, Economic Advancement and Business pursuant to Joint Rule 308.2 
and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINGS of Portland.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: DODGE of Belfast, LANDRY of Farmington, ROBERTS of South Berwick, 
ROEDER of Bangor, SACHS of Freeport, TALBOT ROSS of Portland, Senators: HICKMAN 
of Kennebec, MAXMIN of Lincoln.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State is currently in a prolonged state of emergency and a global 
pandemic has decimated certain industries such as live entertainment; and
Whereas, the health of these affected industries is crucial because they are major 
industries in the State, contributing substantially to the state economy and representing tens 
of thousands of jobs; and
Whereas, many of these industries were not able to operate profitably, if at all, in 
2020 and are unable financially to wait until the economy returns to normal and may fail 
or go out of business in the near future, especially if the adverse effects of the pandemic 
last throughout the remainder of this year; and
Whereas, many performers and other workers who produced or supported live 
entertainment are of modest means and are suffering financially by not receiving work or 
revenue during the state of emergency; 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.  Department of Economic and Community Development to create 
and administer fund to provide live entertainment venue, performer and 
worker and public art recovery grants.  Resolved:  That the Department of 
Economic and Community Development shall create and administer a fund, referred to in 
this resolve as "the fund," to operate a program to provide live entertainment venue, 
performer and worker and public art recovery grants, referred to in this resolve as "the 
program."  The sources of funds for the fund are any funds derived from the Federal 
Government through stimulus or relief measures to counter the effects of the pandemic 
related to coronavirus disease 2019, or COVID-19, that are received by the State in 2021 
and are eligible to be used for the purposes of the program, funds appropriated by the State 
and funds from any other public or private sources.  The purpose of the program is to 
compensate eligible businesses, performers and workers for revenue and profits lost in 
calendar year 2020 as a result of state-directed closures or economic disruptions due to the 
restrictions enacted to limit the spread of COVID-19.  An application may be made by an 
eligible business, performer or worker at any time and the department shall issue grants on 
a first-come, first-served basis until the fund is fully depleted.
For purposes of this resolve, the following terms have the following meanings.
1.  "Live entertainment" means a performance conducted in-person by one or more 
individuals to entertain an audience, including theater, music, other performing arts, 
cinema, sports, demonstration of or instruction in an activity or performing a task, lectures 
or horse or harness racing.
2.  "Live entertainment venue" means a business that operates a facility providing live 
entertainment and that charges a fee for admission to view or experience the live 
entertainment.
3.  "Nonemployee income" means income derived by an individual from service 
provided as an independent contractor under the Maine Revised Statutes, Title 26, section 
1043, subsection 11, paragraph E.
4.  "Performer or worker" means an individual who derives nonemployee income from 
services as a live entertainment performer or from producing or supporting live 
entertainment.
Sec. 2.  Business eligibility. Resolved:  That a business in the State may participate 
in the program if the business:
1.  Has a sales and use tax account with the Department of Administrative and Financial 
Services, Maine Revenue Services;
2.  Had revenues and profits in calendar year 2020 that were less than revenues and 
profits in calendar year 2019;
3.  Had gross annual sales between $24,000 and $12,000,000 in calendar year 2019;
4.  Operates a live entertainment venue located in the State;
5.  Is current and in good standing with all payroll taxes, sales taxes and state income 
taxes;
6.  Is in good standing with the Department of Labor;
7.  Is not in bankruptcy;
8.  Has not permanently ceased all operations; and
9.  Is in consistent compliance with and not subject to any current or past enforcement 
actions regarding COVID-19 prevention checklist requirements of the Department of 
Economic and Community Development.
Sec. 3.  Performer or worker eligibility. Resolved: That a performer or worker 
who has derived more than $1,000 in nonemployee income between March 1, 2019 and 
February 29, 2020 may participate in the program.
Sec. 4.  Allowable business uses of grant funds.  Resolved:  That a business 
receiving a grant under the program may use the funds for operational or COVID-19-
related expenses including:
1.  Payroll costs and expenses;
2.  Rent or mortgage payments for business facilities;
3.  Utility payments;
4.  Purchase of personal protective equipment required by the Department of Economic 
and Community Development or to protect the business's employees, vendors or 
customers;
5.  Business-related equipment;
6.  Investments that support the business's long-term sustainability;
7.  Expenses incurred to replenish inventory or other necessary reopening expenses; 
and
8.  Other necessary operating expenses.
Sec. 5.  Prohibited business expenses.  Resolved:  That a business receiving a 
grant under the program may not use the funds for:
1.  Depreciation expenses;
2.  Personal entertainment;
3.  Lobbying;
4.  Goods or services for personal use;
5.  Fines, penalties, damages or other settlements;
6.  Operations outside the State; 
7.  An expense that was reimbursed by another government program; or
8.  Any other expense determined by the Department of Economic and Community 
Development to not carry out the purposes of the program.
Sec. 6.  Amount of grant; taxable income.  Resolved:  That a grant from the 
program for a business must be in the amount that the eligible business lost in revenue and 
profits in calendar year 2020 determined by gross sales reported to the Department of 
Administrative and Financial Services, Maine Revenue Services in calendar year 2020 as 
compared with gross sales reported to Maine Revenue Services in calendar year 2019.  For 
a business not in operation in calendar year 2019, the amount of the grant must be 
determined based upon the average loss of revenues and profits for a business of similar 
activity, licensing and gross sales.  The amount calculated under this section for a business 
grant must be reduced by the amount of any grant or forgiven government recovery or 
stimulus loan received by the business subsequent to March 1, 2020.  The amount of a grant 
for a performer or worker is based upon the reported live entertainment nonemployee 
income received by the performer or worker between March 31, 2018 and February 29, 
2020 that is reported to the Department of Administrative and Financial Services, Maine 
Revenue Services.  Funds received under the program are reportable income for tax filing 
purposes and are subject to audit.  The State shall issue a statement of miscellaneous income 
to a grant recipient to be included with the grant recipient's state and federal tax filings.  
Priority for a business grant under this section must be given to a business under section 2 
that has received less than 45% of the business's 2019 gross revenue from another 
emergency or recovery grant program.
Sec. 7.  Public art program.  Resolved:  That a governmental entity, including a 
school, library or government office, may apply for a grant under the program for the 
installation or performance of art that is publicly accessible and installed or staged in public 
space or the public realm.  For the purposes of the program, "art" must be construed 
broadly, and may include a mural, sculpture, painting, audio or visual presentation, digital 
presentation, musical or theatrical performance, demonstration of or instruction in an 
activity or performing a task or a lecture.  A recipient of a grant under this section shall 
endeavor to contract or commission a provider, maker or performer of the public art that 
resides or is located in the State to the extent possible.
Sec. 8.  Distribution of funds.  Resolved:  That the Department of Economic and 
Community Development shall distribute the available funds as follows.
1. Fifty percent of funds received by the fund to businesses under section 2;
2. Twenty-five percent of funds received by the fund to performers and workers under 
section 3; and
3. Twenty-five percent of funds received by the fund to public art programs under 
section 7.
Sec. 9.  Violations.  Resolved:  That a violation of the provisions of this resolve or 
a misuse of funds received under this resolve may result in a forfeiture of funds received 
and any other punishment, fine, penalty and interest due pursuant to law.
Sec. 10.  Contingent allocation of federal funds.  Resolved:  That if funds are 
received from the Federal Government in 2021 that are eligible to be used to carry out the 
purposes of this resolve, $20,000,000 of the federal funds must be allocated to the fund 
established in section 1.
Sec. 11.  Appropriations and allocations.  Resolved:  That the following 
appropriations and allocations are made.
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Initiative: To provide funds for the disbursement of live entertainment venue, performer 
and worker and public art recovery grants.
GENERAL FUND
2021-22
2022-23
All Other
$10,000,000
$0
__________
__________
GENERAL FUND TOTAL
$10,000,000
$0
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve directs the Department of Economic and Community Development to 
create and administer a fund to provide grants to live entertainment venues including 
businesses and performers and nonemployee workers, to compensate for the loss of revenue 
and profits due to state-ordered closures or restrictions to prevent the spread of the 
coronavirus disease 2019, or COVID-19, and for public art to be funded partly by any 
federal funds received by the State in 2021 eligible to be used for that purpose.  For the 
purpose of this resolve, a live entertainment venue includes any business operation 
providing entertainment, including theater, music, other performing arts, cinema, sports, 
lectures or horse or harness racing, at a venue in which customers attend in person to view 
the entertainment.  The program is based on the Maine Tourism, Hospitality and Retail 
Recovery Grant Program operated by the department to disburse past federal stimulus and 
recovery funds to counter the adverse economic effects of the COVID-19 pandemic.  This 
resolve appropriates $10,000,000 to the fund and directs that $20,000,000 of any funds 
received from the Federal Government in 2021 that are eligible to be used for the purposes 
of this resolve be allocated to the fund.