CHAPTER 699
H.P. 1337 - L.D. 1815
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-I, sub-§79-A is enacted to read:
Legislative Per Diem and Expenses for Legislators/ Expenses Only for Other Members |
Sec. 2. 10 MRSA c. 1-A is enacted to read:
CHAPTER 1-A
INTERNATIONAL TRADE AND THE ECONOMY
§11. Maine Jobs, Trade and Democracy Act
1. Short title. This section may be known and cited as "the Maine Jobs, Trade and Democracy Act."
2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Commission" means the Citizen Trade Policy Commission established in Title 5, section 12004-I, subsection 79-A.
B. "Trade agreement" means any agreement reached between the United States Government and any other country, countries or other international political entity or entities that proposes to regulate trade among the parties to the agreement. "Trade agreement" includes, but is not limited to, the North American Free Trade Agreement, agreements with the World Trade Organization and the proposed Free Trade Area of the Americas.
3. Purposes. The commission is established to assess and monitor the legal and economic impacts of trade agreements on state and local laws, working conditions and the business environment; to provide a mechanism for citizens and Legislators to voice their concerns and recommendations; and to make policy recommendations designed to protect Maine's jobs, business environment and laws from any negative impact of trade agreements.
4. Membership. The commission consists of the following members:
A. The following 17 voting members:
(1) Three Senators representing at least 2 political parties, appointed by the President of the Senate;
(2) Three members of the House of Representatives representing at least 2 political parties, appointed by the Speaker of the House;
(3) The Attorney General or the Attorney General's designee;
(4) Four members of the public, appointed by the Governor as follows:
(a) A small business person;
(b) A small farmer;
(c) A representative of a nonprofit organization that promotes fair trade policies; and
(d) A representative of a Maine-based corporation that is active in international trade;
(5) Three members of the public appointed by the President of the Senate as follows:
(a) A health care professional;
(b) A representative of a Maine-based manufacturing business with 25 or more employees; and
(c) A representative of an economic development organization; and
(6) Three members of the public appointed by the Speaker of the House as follows:
(a) A person who is active in the organized labor community;
(b) A member of a nonprofit human rights organization; and
(c) A member of a nonprofit environmental organization.
In making appointments of members of the public, the appointing authorities shall make every effort to appoint representatives of generally recognized and organized constituencies of the interest groups mentioned in subparagraphs (4), (5) and (6); and
B. The following 5 commissioners or the commissioners' designees of the following 5 departments who serve as ex officio, nonvoting members:
(1) Department of Labor;
(2) Department of Economic and Community Development;
(3) Department of Environmental Protection;
(4) Department of Agriculture, Food and Rural Resources; and
(5) Department of Human Services.
5. Terms; vacancies; limits. Except for Legislators, commissioners and the Attorney General, who serve terms coincident with their elective or appointed terms, all members are appointed for 3-year terms. A vacancy must be filled by the same appointing authority that made the original appointment. Appointed members may not serve more than 2 terms. Members may continue to serve until their replacements are designated. A member may designate an alternate to serve on a temporary basis.
6. Chair; officers; rules. The first-named Senate member and the first-named House of Representatives member are cochairs of the commission. The commission shall appoint other officers as necessary and make rules for orderly procedure.
7. Compensation. Legislators who are members of the commission are entitled to receive the legislative per diem and expenses as defined in Title 3, section 2 for their attendance to their duties under this chapter. Other members are entitled to receive reimbursement of necessary expenses if they are not otherwise reimbursed by their employers or others whom they represent.
8. Staff. The Office of Policy and Legal Analysis shall provide the necessary staff support for the operation of the commission. After one year, the commission shall assess the need for and qualifications of a staff person, for example, an executive director. If the commission determines that it requires such a person, it may request additional funds from the Legislature.
9. Powers and duties. The commission:
A. Shall meet at least twice annually;
B. Shall hear public testimony and recommendations from the people of the State and qualified experts when appropriate at no fewer than 2 locations throughout the State each year on the actual and potential social, environmental, economic and legal impacts of international trade agreements and negotiations on the State;
C. Shall conduct an annual assessment of the impacts of international trade agreements on Maine's state laws, municipal laws, working conditions and business environment;
D. Shall maintain active communications with and submit an annual report to the Governor, the Legislature, the Attorney General, municipalities, Maine's congressional delegation, the Maine International Trade Center, the Maine Municipal Association, the United States Trade Representative's Office, the National Conference of State Legislatures and the National Association of Attorneys General or the successor organization of any of these groups. The commission shall make the report easily accessible to the public by way of a publicly accessible site on the Internet maintained by the State. The report must contain information acquired pursuant to activities under paragraphs B and C;
E. Shall maintain active communications with any entity the commission determines appropriate regarding ongoing developments in international trade agreements and policy;
F. May recommend or submit legislation to the Legislature;
G. May recommend that the State support, or withhold its support from, future trade negotiations or agreements; and
H. May examine any aspects of international trade, international economic integration and trade agreements that the members of the commission consider appropriate.
10. Outside funding. The commission may seek and accept outside funding to fulfill commission duties. Prompt notice of solicitation and acceptance of funds must be sent to the Legislative Council. All funds accepted must be forwarded to the Executive Director of the Legislative Council, along with an accounting that includes the amount received, the date that amount was received, from whom that amount was received, the purpose of the donation and any limitation on use of the funds. The executive director administers any funds received.
11. Evaluation. By December 31, 2009, the commission shall conduct an evaluation of its activities and recommend to the Legislature whether to continue, alter or cease the commission's activities.
Sec. 3. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 10, section 11, subsection 5, the appointing authorities for the original appointments of public members of the Citizen Trade Policy Commission shall designate their first appointment for a one-year term, their 2nd appointment for a 2-year term and any other appointments for a 3-year term. An initial term of one or 2 years may not be considered a full term for purposes of limiting the number of terms for which a member may serve.
Sec. 4. Appropriations and allocations. The following appropriations and allocations are made.
LEGISLATURE
Legislature
Initiative: Provides funds for the per diem and expenses for members of the Citizen Trade Policy Commission as well as public hearing and general operation expenses. A base allocation in the amount of $500 is included below in the event outside sources of funding are received for this purpose.
General Fund 2003-04 2004-05
Personal Services $0 $1,320
All Other 0 11,050
__________ __________
General Fund Total $0 $12,370
Other Special Revenue Funds 2003-04 2004-05
All Other $0 $500
__________ __________
Other Special Revenue
Funds Total $0 $500
Effective July 30, 2004, unless otherwise indicated.
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