CHAPTER 238

S.P. 416 - L.D. 1285

An Act To Promote and Protect Private Enterprise

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

Sec. 1. 5 MRSA §55-A is enacted to read:

§55-A.__Unfair competition

1.__Prohibition.__A state agency may not sell goods or services to the public in competition with private enterprise unless it complies with this section.

2.__Prior approval required.__Unless otherwise provided by law, before a state agency may sell goods or services to the public, that agency must refer the matter for review and approval to the Advisory Committee on Fair Competition with Private Enterprise, established in section 12004-I, subsection 2-E.__If the Advisory Committee on Fair Competition with Private Enterprise finds that the proposed activity is not specifically authorized by law and that activity will result in unfair competition, the state agency may not sell those goods or services.

3.__Exceptions for emergencies.__A state agency may immediately sell goods or services to the public in the event of an emergency as determined by the agency head.__The agency must refer the matter for review and approval to the Advisory Committee on Fair Competition with Private Enterprise as soon as