CHAPTER 458
S.P. 443 - L.D. 1263
An Act To Contain Costs, Reduce Paperwork and Streamline the Regulatory Process for Maine's Small Businesses
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 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. Membership. 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
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 20 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; quorum. 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.
Sec. 2. 5 MRSA c. 383, sub-c. 4-A is enacted to read:
SUBCHAPTER 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.
Sec. 3. Transition. Members serving on the Maine Regulatory Fairness Board on the effective date of this Act continue to serve for the remainder of the terms for which they were appointed.
Effective September 17, 2005.
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