HP1218, LD 1764, item 3, ‘An Act To Streamline Advocacy for Maine Small Businesses by Eliminating the Bureau of the Special Advocate within the Department of the Secretary of State and Transferring Its Duties to the Department of Economic and Community Development’

Amend the amendment by striking out everything after the title and inserting the following:

‘

Amend the bill by striking out the title and substituting the following:

‘An Act To Streamline Advocacy for Maine Small Businesses by Eliminating the Bureau of the Special Advocate within the Department of the Secretary of State and Transferring Its Duties to the Department of Economic and Community Development’

Amend the bill in section 2 in subsection 2-G in the 3rd line (page 1, line 7 in L.D.) by striking out the following: " 13063-Y" and inserting the following: ' 13100-D'

Amend the bill by striking out all of section 3 and inserting the following:

‘Sec. 3. 5 MRSA §13031, sub-§6 is enacted to read:

6. Small Business and Entrepreneurship Special Advocate. "Small Business and Entrepreneurship Special Advocate" means the Director of the Office of Small Business and Entrepreneurship as described in section 13100.

Sec. 4. 5 MRSA §13033, as amended by PL 2007, c. 585, §1, is further amended to read:

§ 13033. Membership

The commission consists of 9 members: the Chief Executive Officer of the Finance Authority of Maine or the chief executive officer's designee; the Commissioner of Economic and Community Development or the commissioner's designee Small Business and Entrepreneurship Special Advocate; the House and Senate chairs of the joint standing committee of the Legislature having jurisdiction over business, research and economic development matters, who are ex officio, nonvoting members; the chair of the Small Business Development Centers Advisory Council; and a designee from the administrative unit and 3 public members with expertise and knowledge in small business and entrepreneurship, appointed by the commissioner.

Sec. 5. 5 MRSA §13100, as enacted by PL 2005, c. 458, §2, is amended to read:

§ 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 and serve as the Small Business and Entrepreneurship Special Advocate.

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. The director must be hired pursuant to the Civil Service Law for classified state employees.

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 . ; and

F. Resolve agency enforcement actions affecting small businesses pursuant to this chapter.

3. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Agency" has the same meaning as in section 8002, subsection 2.

B. "Agency enforcement action" means an enforcement action initiated by an agency against a small business.

C. "Complaint" means a request to the director for assistance under section 13100-A.

D. "Director" means the Director of the Office of Small Business and Entrepreneurship.

E. "Regulatory impact notice" means a written notice from the commissioner to the Governor as provided in section 13100-C.

F. "Significant economic hardship" means a hardship created for a small business by a monetary penalty or license suspension or revocation imposed by an agency enforcement action that appears likely to result in the:

(1) Temporary or permanent closure of the small business; or

(2) Termination of employees of the small business.

G. "Small business" means a business having 50 or fewer employees in the State.

Sec. 6. 5 MRSA §§13100-A to 13100-D are enacted to read:

§ 13100-A. Small business requests for assistance

A small business may file a complaint requesting the assistance of the director in any agency enforcement action initiated against that small business. The director may provide assistance to the small business in accordance with section 13100-B. The director shall encourage small businesses to request the assistance of the director as early in the regulatory proceeding as possible. Before providing any assistance, the director shall provide a written disclaimer to the small business stating that the director is not acting as an attorney representing the small business, that no attorney-client relationship is established and that no attorney-client privilege can be asserted by the small business as a result of the assistance provided by the director under this subchapter.

§ 13100-B. General advocacy

1. Director may advocate. The director may advocate generally on behalf of small business interests by commenting on rules proposed under chapter 375, testifying on legislation affecting the interests of small businesses, consulting with agencies having enforcement authority over business matters and promoting the services provided by the director.

2. Powers of director upon receipt of complaint. Upon receipt of a complaint requesting assistance under section 13100-A, the director may:

A. Consult with the small business that filed the complaint and with the staff in the agency that initiated the agency enforcement action to determine the facts of the case;

B. After reviewing the complaint and discussing the complaint with the small business and the agency that initiated the agency enforcement action, determine whether, in the opinion of the director, the complaint arises from an agency enforcement action that is likely to result in a significant economic hardship to the small business;

C. If the director determines that an agency enforcement action is likely to result in a significant economic hardship to the small business, seek to resolve the complaint through consultation with the agency that initiated the agency enforcement action and the small business and through participation in related regulatory proceedings in a manner allowed by applicable laws; and

D. If the director determines that an agency enforcement action applies statutes or rules in a manner that is likely to result in a significant economic hardship to the small business when an alternative means of effective enforcement is possible, recommend to the commissioner that the commissioner issue a regulatory impact notice to the Governor. If an alternative means of effective enforcement is not possible, the director may consult with department staff and other agency business liaisons to determine whether the agency enforcement action can be conducted in such a manner as to minimize potential damage to the State's economic competitiveness.

§ 13100-C. Regulatory impact notice

At the recommendation of the director, the commissioner may issue a regulatory impact notice to the Governor informing the Governor that an agency has initiated an agency enforcement action that is likely to result in significant economic hardship to a small business when an alternative means of enforcement was possible, and asking that the Governor take action, as appropriate and in a manner consistent with all applicable laws, to address the small business issues raised by that agency enforcement action. The regulatory impact notice may include, but is not limited to, a description of the role of the director in attempting to resolve the issue with the agency, a description of how the agency enforcement action will affect the interests of the small business and a description of how an alternative enforcement action, when permitted by law, would relieve the small business of the significant economic hardship expected to result from the agency enforcement action. The commissioner shall provide a copy of the regulatory impact notice to the agency that initiated the agency enforcement action, the small business that made the complaint and the joint standing committee of the Legislature having jurisdiction over business matters.

§ 13100-D. Regulatory Fairness Board

The Regulatory Fairness Board, as established in section 12004-I, subsection 2-G and referred to in this section as "the board," is established within the department 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 the commissioner or the commissioner's designee, who shall serve as the chair of the board, and 4 public members who are owners, operators or officers of businesses operating in different regions of the State, appointed as follows:

A. One public member appointed by the President of the Senate;

B. One public member appointed by the Speaker of the House; and

C. Two public members appointed by the Governor, one of whom represents a business with fewer than 50 employees and one of whom represents a business with fewer than 20 employees.

The commissioner shall inform the joint standing committee of the Legislature having jurisdiction over business matters in writing upon the appointment of each member. Except for the commissioner, 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. A member may not be appointed for more than 3 consecutive terms.

3. Quorum. A quorum for the purpose of conducting the board's business consists of 3 appointed members of the board.

4. Duties of board. The board shall:

A. Meet at least 2 times a year to review complaints submitted to the director;

B. Review the status of complaints filed with the director and regulatory impact notices issued pursuant to section 13100-C by the commissioner; and

C. Report annually by February 1st to the Governor and the joint standing committee of the Legislature having jurisdiction over business matters on actions taken by the director and the commissioner to resolve complaints concerning agency enforcement actions against small businesses. The report may also include recommendations for statutory changes that will bring more clarity, consistency and transparency in rules affecting the small business community.

5. Compensation. Board members are entitled to compensation only for expenses pursuant to section 12004-I, subsection 2-G.

6. Staff. The director shall staff the board.’

Amend the bill by inserting after section 4 the following:

‘Sec. 5. Appropriations and allocations. The following appropriations and allocations are made.

ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF

Maine Small Business and Entrepreneurship Commission 0675

Initiative: Provides funds for one Public Service Manager I position to serve as the Director of the Office of Small Business and Entrepreneurship and the Small Business and Entrepreneurship Special Advocate effective February 1, 2019.

GENERAL FUND 2017-18 2018-19

POSITIONS - LEGISLATIVE COUNT
0.000 1.000

Personal Services
$0 $41,993

All Other
$0 ($14,975)

inline graphic sline.gif

GENERAL FUND TOTAL $0 $27,018

ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF

DEPARTMENT TOTALS 2017-18 2018-19

GENERAL FUND
$0 $27,018

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $0 $27,018

SECRETARY OF STATE, DEPARTMENT OF

Administration - Motor Vehicles 0077

Initiative: Reduces funding due to transferring the Special Advocate position to the Department of Economic and Community Development.

HIGHWAY FUND 2017-18 2018-19

Personal Services
$0 ($27,020)

All Other
$0 ($1,450)

inline graphic sline.gif

HIGHWAY FUND TOTAL $0 ($28,470)

Bureau of Administrative Services and Corporations 0692

Initiative: Reduces funding due to transferring the Special Advocate position to the Department of Economic and Community Development.

GENERAL FUND 2017-18 2018-19

Personal Services
$0 ($27,018)

inline graphic sline.gif

GENERAL FUND TOTAL $0 ($27,018)

SECRETARY OF STATE, DEPARTMENT OF

DEPARTMENT TOTALS 2017-18 2018-19

GENERAL FUND
$0 ($27,018)

HIGHWAY FUND
$0 ($28,470)

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $0 ($55,488)

SECTION TOTALS 2017-18 2018-19

GENERAL FUND
$0 $0

HIGHWAY FUND
$0 ($28,470)

inline graphic sline.gif

SECTION TOTAL - ALL FUNDS $0 ($28,470)

Sec. 6. Effective date. This Act takes effect February 1, 2019.

Amend the amendment by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.

SUMMARY

This amendment replaces Committee Amendment "A." The amendment removes the provisions of the bill that relocate the Bureau of the Special Advocate from the Department of the Secretary of State to the Department of Economic and Community Development. Instead, the changes in the amendment provide for the elimination of the bureau. The amendment designates the Director of the Office of Small Business and Entrepreneurship in the Department of Economic and Community Development as the Small Business and Entrepreneurship Special Advocate and assigns to the director the duties assigned in the bill to the Bureau of the Special Advocate. The amendment names the Small Business and Entrepreneurship Special Advocate as a member of the Small Business and Entrepreneurship Commission in place of the Commissioner of Economic and Community Development or the commissioner's designee. The amendment retains the provisions of the bill that relocate the Regulatory Fairness Board from the Department of the Secretary of State to the Department of Economic and Community Development. The amendment provides an effective date for the legislation of February 1, 2019. It adds an appropriations and allocations section.

FISCAL NOTE REQUIRED

(See attached)

HP1218 LD 1764	Session - 128th Maine Legislature S "A" to C "A", Filing Number S-426, Sponsored by Cushing		LR 2735 Item 3
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GENERAL FUND	2017-18	2018-19
POSITIONS - LEGISLATIVE COUNT	0.000	1.000
Personal Services	$0	$41,993
All Other	$0	($14,975)

GENERAL FUND TOTAL	$0	$27,018

ECONOMIC AND COMMUNITY DEVELOPMENT, DEPARTMENT OF
DEPARTMENT TOTALS	2017-18	2018-19

GENERAL FUND	$0	$27,018

DEPARTMENT TOTAL - ALL FUNDS	$0	$27,018

HIGHWAY FUND	2017-18	2018-19
Personal Services	$0	($27,020)
All Other	$0	($1,450)

HIGHWAY FUND TOTAL	$0	($28,470)

SECTION TOTALS	2017-18	2018-19

GENERAL FUND	$0	$0
HIGHWAY FUND	$0	($28,470)

SECTION TOTAL - ALL FUNDS	$0	($28,470)