Be it enacted by the People of the State of Maine as follows:

Sec. 1.

36 5219-GG sub- 1-G, as amended by PL 2011, c. 380 6, is amended to read:

"Qualified active low income community business" has the same meaning as in the Code, Section 45D, except that the term low-income community shall mean any area which may be designated by the Commissioner of the Department of Economic and Community Development as a Pine Tree Development Zone in accordance with Title 30-A, section 5250-J, as in effect on the date of enactment of this section.

Sec. 2.

30-A 5250-I, sub- 18, as amended by PL 2005, c. 351 26, is amended to read:

18. Qualified Pine Tree Development Zone employees. "Qualified Pine Tree Development Zone employees" means new, full-time employees hired in this State by a qualified Pine Tree Development Zone business for work directly in one or more qualified business activities for whom a retirement program subject to the Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 101 to 1461, as amended, and group health insurance are provided and whose income derived from employment within the Pine Tree Development Zone, Tier 1, is at least 165% above current minimum wage as adjusted by the Maine Department of Labor and in Tier 2, at least 200% above minimum wage as adjusted by the Maine Department of Labor. calculated on a calendar year basis, is greater than the most recent annual per capita personal income in the county in which the qualified employee is employed. "Qualified Pine Tree Development Zone employees" does not include employees shifted to a qualified business activity from a nonqualified activity of the qualified Pine Tree Development Zone business or an affiliated business. The commissioner shall determine whether a shifting of employees has occurred.

Sec. 3.

5 13056-A, as amended by PL 2007, c. 434 1, is amended to read:

By November 1, 2007, the commissioner shall develop and submit to the Governor and the Legislature a plan for the comprehensive evaluation of state investments in economic development. Beginning February 1, 2013 2009, the commissioner shall submit a biennial an annual comprehensive evaluation of state investments in economic development, not to include programs evaluated pursuant to section 13107 or those independent evaluations required by federal programs, to the Governor and the Legislature. The review of state investments shall be conducted by a non-partisan independent reviewer. 5 13056-A, as amended by PL 2007, c. 434 2, is amended to read: 2. Independent reviewers. Use independent non-partisan reviewers to assess the effect of economic development activities on the competitiveness of industry sectors in this State; and

Sec. 3a. 5 13107, as amended by PL 2007, c. 420 4, is amended to read:

The office shall develop and submit to the Governor and the Legislature by July 1, 2006 and on July 1st every 5 years thereafter an evaluation of state investments in research and development, as well as a biennial an annual progress report from the office and the independent reviewers under subsection 2 beginning on February 1, 2008 2013 and on February 1st every other year thereafter. The evaluation must: 5 13107, as amended by PL 2007, c. 420 4, is amended to read: By February 1, 2008 2013 and by February 1st every other year thereafter, the office and the independent reviewers under subsection 2 shall submit to the Governor and the Legislature a progress report related to the 5-year evaluation required under this section. The independent reviewers must incorporate the goals and objectives described in the State's innovation economy action plan, as described in Title 10, chapter 107-D, in their analysis of the success of the State's investments in research and development.

Sec. 4.

5 13056-C, sub- 3, as amended by PL 2009, c. 337 2, is amended to read:

3. Payments to fund. Notwithstanding section 1585 or any other provision of law, the department shall assess agencies or private entities that receive General Fund appropriations or general obligation bonds for economic development an amount for contribution to the fund that is not to exceed 0.8% 0.08% of General Fund appropriations received by or general obligation bonds issued to an agency or entity for economic development efforts. Private entities that receive funds from general obligation bonds for economic development efforts shall pay to the Treasurer of State in the fiscal year in which the general obligation bond was issued an assessment amount determined by the department that is not to exceed 0.8% 0.08% of the proceeds from the bond issue in any fiscal year, which payment must be made from available resources other than bond proceeds. Only those programs that receive $250,000 or more in economic development appropriations in any fiscal year or those entities that receive funds from a general obligation bond issue of $250,000 or more for economic development efforts in any fiscal year, as identified and certified by the department and the Office of Fiscal and Program Review, may be assessed pursuant to this subsection. The department shall provide to each agency or private entity an annual budget for the fund and a detailed account of each institution's required assessment. Total payments made pursuant to this section may not exceed $200,000 in any fiscal year.

Sec. 5.

5 13056-G, sub- 1 to read:

Office of Marketing. The Commissioner of the Department of Economic and Community Development shall convene beginning August 1, 2012 a monthly meeting of the following state agencies marketing personnel; Agriculture, Labor, Environmental Protection, Education, Conservation, Inland Fisheries and Wildlife, Marine Resources and Transportation for the purpose of gathering information on marketing efforts, budgets and strategies to determine what efficiencies and streamlining can occur to more effectively market Maines products and services. The Commissioner shall report back to the joint standing committee on Labor, Commerce Research and Economic Development in the first session of the 126 th Legislature.

Sec. 6.

5 13063-C, sub- 1, as amended by PL 1995, c. 706 2, is amended to read:

3a. Program Funding. During challenging economic times the Commissioner of Economic and Community Development may determine that the Program cannot be funded for the next fiscal year. In these cases, the Commissioner will notify the Governors Office and the Department of Administration and Financial Services as part of the annual budget process. [Sec. 6a. was deleted from the bill by a unanimous committee vote]

Sec. 6a.

5 13063-C, sub- 2, to read:

1. Transferability of certain tax credits, refunds, and reimbursements. A. All or a portion of tax credits, refunds, or reimbursements allowed in accordance with the provisions of Title 36, sections 5215 (jobs and investment tax credit), 5216-B (seed capital investment credit), 5216-D (Maine fishery infrastructure investment tax credit program), 5219-K (research expense tax credit), 5219-L (super credit for substantially increased research and development), 5219-M (high-technology investment tax credit), 5219-W (Pine Tree Development Zone tax credit), 5219-X (biofuel commercial production and commercial use), 5219-Y (certified visual media production credit), 5219-BB (credit for rehabilitation of historic properties after 2007), 5219-GG (Maine capital investment credit), 5219-GG (Maine new markets

capital investment program), and chapters 915 (reimbursement for taxes paid on certain business property), 917 (employment tax increment financing), and 919-A (visual media production reimbursement) may be transferred, sold or assigned. The allowance or payment of any tax credit, refund, or reimbursement that is transferred, sold or assigned shall be subject to the same restrictions, including recapture and carry-forward restrictions, that would have been applicable to the transferor had the credit, refund, or reimbursement not been transferred, except that any limitation on the amount of a tax credit allowed in a given year that is dependent on the taxpayers tax liability shall apply with respect to the transferees tax liability, and not the transferors tax liability. B. The commissioner, in conjunction with the issuing department, shall issue certifications of the transfer, sale, or assignment of tax credits, refunds or reimbursements. The commissioner shall provide a copy of the certification to the transferor, transferee and the State Tax Assessor. The commissioner may adopt rules pursuant to the Maine Administrative Procedure Act for certifying the transfer, sale, or assignment of tax credits, refunds or reimbursements. Rules adopted under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. C. Subject to the limitations in paragraph A, a transferee, purchaser or assignee of a tax credit, refund or reimbursement that has been certified by the commissioner in accordance with this section shall be entitled to receive the benefit of such tax credit, refund or reimbursement from the State on or after the date of certification notwithstanding any other provision of law.

Sec. 7.

5 13090-E, sub- 1, as amended by PL 2003, c. 198 9, is amended to read:

1. Development. The Office of Tourism in conjunction with the tourism industry shall develop a 5-year marketing and development strategy for state tourism growth that maximizes the effectiveness of state and private sector contributions in attracting visitors to the State and increasing tourism-based revenues. The strategy must incorporate components of direct marketing in maintenance and primary markets, matching grants programs, trade markets, regional development and research.

Sec. 8.

5 13090-E, sub- 2, as amended by PL 2003, c. 198 9, is amended to read:

2. Administration. The Office of Tourism shall administer the components of the strategy after development. Administration includes development of new markets, creation of an image of the State to entice visitor inquiries and provision of appropriate technical assistance and response mechanisms. The Office of Tourism shall support staffing of the visitor information centers and fulfill tourism information requests and shall work in partnership with the tourism industry in the State in administering the strategy. The Office will seek input from the tourism industry on marketing and promotional plans and work closely with tourism destination marketing organizations, private businesses, associations, non-profits and others to collaborate, plan and accomplish the goals of those plans as well as those outlined in the strategy. The Office will seek tourism industry input in other areas the Commissioner considers appropriate and necessary to ensure the successful implementation of this section. The Maine Office of Tourism will present biannually to the tourism industry and prepare a report for annual submission to the Governor and Legislature summarizing the goals and achievements of the Office.

Sec. 9.

5 13090-F, is repealed:

1. Maine Tourism Commission. The Maine Tourism Commission, established by section 12004-I, subsection 87 and referred to in this section as the "commission," shall assist and advise the Office of Tourism to achieve its purpose under section 13090-C. The commission consists of 25 voting members appointed by the Governor as follows: A. Three members representing the outdoor sporting interests of the State, including: (1) One member representing a statewide organization of hunters, anglers and trappers; (2) One member representing the interests of large landowners; and

(3) One member representing a statewide organization of licensed Maine guides; [1999, c. 445, 1 (RPR).] B. Eight public members who represent their respective regions and have experience in the field or have demonstrated concern for the travel industry; [2005, c. 33, 1 (AMD).] C. Thirteen members of major tourism trade associations, including: (1) At least one member representing a statewide organization of hotels, motels and inns; (2) At least one member representing a statewide organization of restaurants; (3) At least one member representing a statewide organization of campground owners; (4) At least one member representing the retail sector in the State; (5) At least one member representing the motorcoach industry; (6) At least one member representing the air transportation industry; (7) At least one member representing arts and cultural organizations; and (8) At least one member representing a statewide organization of youth camps; and [2009, c. 211, Pt. B, 2 (AMD).] D. One member representing a statewide organization of agricultural producers. [2005, c. 33, 1 (NEW).] The terms of the voting members are for 4 years each. The Governor shall fill a vacancy in the membership for any unexpired term. The commissioners, directors or designees of the following state departments or offices shall serve as ex officio, nonvoting members of the commission: the department; the State Planning Office; the Department of Conservation; the Department of Transportation; the Department of Inland Fisheries and Wildlife; the Department of Agriculture, Food and Rural Resources; the Department of Education; and the Bureau of Public Improvements. The Canadian Affairs Coordinator shall also serve as an ex officio, nonvoting member of the commission. A chair and vice-chair of the commission must be elected annually from the appointed membership. [ 2009, c. 211, Pt. B, 2 (AMD) .] 2. Powers and duties. The commission shall: A. Recommend rules for the implementation of section 13090-G and make recommendations on the award of matching funds to the commissioner and the Director of the Office of Tourism; [2003, c. 198, 10 (AMD).] B. Recommend policy guidelines on marketing, promotion and advertising strategies to the Office of Tourism; [2003, c. 198, 10 (AMD).] C. Conduct public hearings necessary to obtain input concerning tourism policy development from a broad cross-section of travel interests; [1995, c. 2, 11 (RAL).] D. Assist the Office of Tourism in providing technical assistance to the travel industry and in planning and conducting periodic tourism conferences; [2003, c. 198, 10 (AMD).] E. Prepare a report for annual submission to the Governor and the Legislature relative to the programs, policies and accomplishments of the commission; and [1995, c. 2, 11 (RAL).] F. Assist the Office of Tourism in other areas the commissioner considers appropriate and necessary to ensure the successful implementation of this section. [2003, c. 198, 10 (AMD).] [ 2003, c. 198, 10 (AMD) .] 3. Compensation. Commission members are entitled to compensation as provided by chapter 379. [ 1995, c. 2, 11 (RAL) .]

SECTION HISTORY RR 1995, c. 2, 11 (RAL). RR 1995, c. 2, 12, 13 (COR). 1997, c. 268, 1 (AMD). 1999, c. 445, 1 (AMD). 2003, c. 198, 10 (AMD). 2005, c. 33, 1 (AMD). 2009, c. 211, Pt. B, 2 (AMD).

Sec. 10.

5 13120-A, as amended by PL 2001, c. 703 6, is amended to read:

The Maine Rural Development Authority, as established by section 12004-F, subsection 18 and referred to in this subchapter as the "authority," is a body both corporate and politic and a public instrumentality of the State established for the purpose of providing loans to communities for the development of commercial facilities on a speculative basis and for serving as lender or investor in the acquisition, development, redevelopment and sale of commercial facilities in areas where economic needs are not supported by private investment. The authority may also provide loans to businesses that currently do not own real estate and that are not supported by private investment.

Sec. 11.

5 13120-P, sub- 2, as amended by PL 2005, c. 425 18, is amended to read:

F. The authority collects any or all machinery and equipment held as collateral for a loan issued to a specific business.

Sec. 12.

5 13120-P, sub- 3, as amended by PL 2005, c. 425 18, is amended to read:

F. The authority collects any or all machinery and equipment held as collateral for a loan issued to a specific business.