Maine Revised Statutes
Title 10: COMMERCE AND TRADE
Table of Contents
Part 1. GENERAL PROVISIONS 8
Chapter 1. PROMOTION OF MAINE 8
Chapter 1-A. INTERNATIONAL TRADE AND THE ECONOMY 8
Chapter 3. PEACEFUL USES OF ATOMIC ENERGY 12
Subchapter 1. GENERAL PROVISIONS 12
Subchapter 2. RESEARCH AND DEVELOPMENT 13
Subchapter 3. FEDERAL CONTROL AND COOPERATION 13
Subchapter 3-A. HIGH-LEVEL WASTES 14
Subchapter 3-B. LOW-LEVEL RADIOACTIVE WASTES 15
Subchapter 4. VIOLATIONS AND PENALTIES 16
Chapter 4. REQUIREMENTS FOR CERTIFICATION OF NUCLEAR POWER PLANTS BY THE PUBLIC UTILITIES COMMISSION 16
Chapter 5. NEW ENGLAND INTERSTATE PLANNING COMPACT 17
Chapter 7. PINE TREE PARTNERSHIP FUND 20
Chapter 9. ALLOCATION OF STATE CEILING ON TAX-EXEMPT BONDS 21
Chapter 11. KIM WALLACE ADAPTIVE EQUIPMENT LOAN PROGRAM 26
Chapter 13. SMALL ENTERPRISE GROWTH PROGRAM 31
Chapter 14. CLEAN CAR INCENTIVES PILOT PROGRAM 39
Part 2. BUILDING AND DEVELOPMENT 40
Chapter 101. DEPARTMENT OF COMMERCE AND INDUSTRY 40
Subchapter 1. ORGANIZATION 40
Subchapter 2. RESEARCH, PLANNING AND PROGRAM ASSISTANCE 40
Subchapter 3. INDUSTRIAL DEVELOPMENT 41
Subchapter 4. SUBDIVISION OF VACATION-TRAVEL DEVELOPMENT 41
Subchapter 4-A. COMMUNITY DEVELOPMENT 41
Subchapter 5. PUBLICITY AND PUBLIC RELATIONS 41
Subchapter 5-A. PROMOTION 41
Subchapter 6. GEOLOGICAL SURVEY 42
Subchapter 6-A. SCIENCE, TECHNOLOGY AND MINERAL RESOURCES 42
Chapter 102. COMMUNITY INDUSTRIAL BUILDINGS IN MAINE 42
Chapter 102-A. MAINE HEALTH DATA PROCESSING CENTER 44
Chapter 103. GUARANTEE AUTHORITY 46
Subchapter 2. CREATION AND OPERATION OF AUTHORITY 47
Subchapter 3. MORTGAGES AND INSURANCE 48
Subchapter 4. RECORDS 50
Chapter 104. MAINE GUARANTEE AUTHORITY REVENUE OBLIGATION SECURITIES 50
Chapter 105. WASHINGTON COUNTY 53
Chapter 106. OXFORD COUNTY 53
Chapter 107. MAINE DEVELOPMENT FOUNDATION; MAINE ECONOMIC GROWTH COUNCIL 53
Chapter 107-A. MAINE WORLD TRADE ASSOCIATION 64
Chapter 107-B. MAINE INTERNATIONAL TRADE CENTER 66
Chapter 107-C. MAINE ECONOMIC IMPROVEMENT FUND 73
Chapter 107-D. MAINE INNOVATION ECONOMY ADVISORY BOARD 75
Chapter 108. THE MAINE CAPITAL CORPORATION 77
Chapter 109. MAINE NATURAL RESOURCE CAPITAL COMPANY 78
Chapter 110. FINANCE AUTHORITY OF MAINE 79
Subchapter 1. FINANCE AUTHORITY OF MAINE ACT 79
Subchapter 1-A. NATURAL RESOURCES FINANCING AND MARKETING PROGRAMS 110
Subchapter 1-B. DIVISION OF MAINE BUSINESS DEVELOPMENT AND FINANCE 122
Subchapter 1-C. NATURAL DISASTER BUSINESS ASSISTANCE 124
Subchapter 1-D. STUDENT FINANCIAL ASSISTANCE PROGRAM 126
Subchapter 1-E. NURSING EDUCATION 129
Subchapter 1-F. WASTE MOTOR OIL DISPOSAL SITE REMEDIATION PROGRAM 130
Subchapter 2. MORTGAGE INSURANCE PROGRAMS 139
Subchapter 2-A. INDUSTRIAL STABILITY PROGRAM 177
Subchapter 2-B. SOCIAL WORK EDUCATION LOAN REPAYMENT PROGRAM 177
Subchapter 3. REVENUE OBLIGATION SECURITIES PROGRAM 178
Subchapter 4. MUNICIPAL SECURITIES APPROVAL PROGRAM 199
Subchapter 4-A. FAMILY DEVELOPMENT ACCOUNT PROGRAM 213
Subchapter 5. COMMUNITY INDUSTRIAL BUILDINGS PROGRAM 217
Subchapter 5. MAINE SMALL BUSINESS LOAN PROGRAM 218
Subchapter 5-A. WASTE OIL FURNACE LOAN PROGRAM 219
Subchapter 6. MAINE VETERANS' SMALL BUSINESS LOAN PROGRAM 222
Subchapter 7. MAINE JOB-START PROGRAM 223
Subchapter 8. MAINE OPPORTUNITY ZONE JOB GRANTS PROGRAM 228
Subchapter 9. MAINE SEED CAPITAL TAX CREDIT PROGRAM 228
Subchapter 10. MEDICAL TRAINING ASSISTANCE 234
Subchapter 11. EDUCATIONAL ATTAINMENT AND RECRUITMENT TAX CREDITS 234
Subchapter 12. MAINE NEW MARKETS CAPITAL INVESTMENT PROGRAM 235
Part 3. REGULATION OF TRADE 239
Chapter 201. MONOPOLIES AND PROFITEERING 239
Chapter 201-A. CONSTRUCTION CONTRACTS 246
Chapter 202. CONSUMER LOAN AND LEASE AGREEMENTS 251
Chapter 202-A. PAYMENT BY NEGOTIABLE INSTRUMENT 254
Chapter 202-B. PROHIBITED CREDIT CARD PRACTICES INVOLVING PROVIDERS OF TRAVEL SERVICES 254
Chapter 202-C. COMMERCIAL LOAN AGREEMENTS 255
Chapter 202-D. CREDIT CARD AND DEBIT CARD RECEIPTS 256
Chapter 202-E. TRUTH IN MUSIC ADVERTISING 257
Chapter 203. FAIR TRADE ACT 259
Chapter 203-A. MANUFACTURER WARRANTIES ON MOTOR VEHICLES 260
Chapter 204. BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS 268
Subchapter 1. REGULATION OF BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS 268
Subchapter 2. MAINE MOTOR VEHICLE FRANCHISE BOARD 297
Chapter 204-A. DEALER PRACTICES FOR CERTAIN MOTOR VEHICLES 301
Chapter 204-B. WATERCRAFT MANUFACTURERS, DISTRIBUTORS AND DEALERS 303
Chapter 205. UNFAIR SALES ACT 304
Chapter 205-A. REQUIRED DISCLOSURES TO CONSUMERS 309
Chapter 206. UNIFORM DECEPTIVE TRADE PRACTICES ACT 310
Chapter 206-A. MANUFACTURERS' REBATES 314
Chapter 206-B. PERSONAL SPORTS MOBILE MANUFACTURERS, DISTRIBUTORS AND DEALERS 315
Chapter 206-C. MISREPRESENTATION OF BUSINESS NAMES 330
Chapter 207. TRADING STAMPS 330
Chapter 208. UNLAWFUL COPYING 331
Chapter 208-A. PROTECTION OF SOCIAL SECURITY NUMBERS 332
Chapter 208-B. FARM MACHINERY, FORESTRY EQUIPMENT, CONSTRUCTION EQUIPMENT AND INDUSTRIAL EQUIPMENT DEALERSHIPS 336
Chapter 209. BULK SALES 345
Chapter 209-A. VEHICLE LEASES THAT ARE NOT SALES OR SECURITY INTERESTS 345
Chapter 209-B. FAIR CREDIT REPORTING ACT 346
Chapter 210. FAIR CREDIT REPORTING ACT 360
Chapter 210-A. SALES REPRESENTATIVE COMMISSION CONTRACTS 364
Chapter 210-B. NOTICE OF RISK TO PERSONAL DATA 366
Chapter 211. INSOLVENT LAW 371
Chapter 211-A. FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES 371
Chapter 212. SELF-SERVICE STORAGE ACT 376
Chapter 212-A. MAINE MARINA AND BOATYARD STORAGE ACT 383
Chapter 212-B. CONSUMER ARBITRATION AGREEMENTS 386
Chapter 212-C. REGULATION OF EXCHANGE FACILITATORS 389
Chapter 212-D. REGULATION OF RESIDENTIAL REAL ESTATE SETTLEMENT AGENCIES 395
Chapter 213. MANUFACTURED HOUSING WARRANTIES 397
Chapter 214. ENERGY EFFICIENCY BUILDING PERFORMANCE STANDARDS 401
Chapter 214-A. RECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS 407
Chapter 215. USED CAR INFORMATION 429
Chapter 215. MOTOR FUEL DISTRIBUTION AND SALES 430
Chapter 215-A. MOTOR CARRIER TRANSPORTATION CONTRACTS 437
Chapter 216. REGIONAL RIDE SHARE SERVICES MATCHING FUND PROGRAM 438
Chapter 217. USED CAR INFORMATION 439
Chapter 217-A. MOLD ASSESSMENT AND REMEDIATION SERVICES 449
Chapter 219. INSULATION CONTRACTORS 449
Chapter 219-A. HOME CONSTRUCTION CONTRACTS 452
Chapter 221. WARRANTIES FOR SALE AND INSTALLATION OF SOLAR ENERGY EQUIPMENT 455
Chapter 222. PAYROLL PROCESSORS 456
Chapter 223. TELEFACSIMILE TRANSMISSIONS 467
Chapter 223-A. CELLULAR TELEPHONE CUSTOMER PRIVACY ACT 468
Chapter 224. ELECTRONIC MAIL SOLICITATION 470
Chapter 225. TELEPHONE SOLICITATION 472
Chapter 227. ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES 478
Chapter 228. SALE OF INDIAN ARTS AND CRAFTS PRODUCTS 481
Chapter 229. GUARANTEED ASSET PROTECTION WAIVERS 481
Chapter 229. POSING AS A GOVERNMENTAL ENTITY OR AGENT IN COMMERCE 485
Part 4. TRADEMARKS AND NAMES 487
Chapter 301. GENERAL PROVISIONS 487
Chapter 301-A. THE REGISTRATION AND PROTECTION OF MARKS 488
Chapter 302. UNIFORM TRADE SECRETS ACT 500
Chapter 303. MILK 504
Chapter 305. POTATOES 504
Chapter 307. OILS 506
Chapter 308. PETROLEUM MARKET SHARE ACT 511
Chapter 309. SARDINES 516
Chapter 311. SHOES AND LEATHER GOODS 518
Chapter 313. SYPHONS, BOTTLES AND CANS 518
Chapter 315. REGULATION OF BUSINESS PRACTICES BETWEEN MOTION PICTURE DISTRIBUTORS AND EXHIBITORS 518
Chapter 317. MAINE PATENT PROGRAM 521
Part 5. MINING 523
Chapter 401. MINING BUREAU 523
Part 5-A. MINING-CONSERVATION AND REHABILITATION OF LAND 528
Chapter 451. CONSERVATION AND REHABILITATION OF LAND 528
Part 6. WEIGHTS AND MEASURES 531
Chapter 501. WEIGHTS AND MEASURES LAW 531
Subchapter 1. GENERAL PROVISIONS 531
Subchapter 2. STANDARDS AND EQUIPMENT 533
Subchapter 2-A. MEASUREMENT OF WOOD 534
Subchapter 3. STATE SEALER 544
Subchapter 4. LOCAL SEALERS 550
Subchapter 4-A. LOCAL SEALERS 550
Subchapter 5. WEIGHMASTER 551
Subchapter 6. WEIGHT CERTIFICATES 554
Subchapter 7. SALE OF COMMODITIES 554
Subchapter 7-A. SALE OF COMMODITIES 557
Subchapter 8. DEALERS AND REPAIRMEN 562
Subchapter 9. FEES 564
Subchapter 10. ENFORCEMENT AND JURISDICTION 565
Chapter 503. MILK AND MILK CONTAINERS 566
Subchapter 1. GENERAL PROVISIONS 566
Subchapter 2. STANDARDS 567
Subchapter 3. TESTING 567
Subchapter 4. MARKING AND STAMPING 568
Subchapter 5. ENFORCEMENT AND JURISDICTION 569
Part 7. LIENS 570
Chapter 601. BRICK 570
Chapter 603. BUILDINGS, LOTS, WHARVES AND PIERS; LABOR AND MATERIALS 570
Chapter 605. CANNED GOODS 577
Chapter 606. POTATO LIEN LAW 577
Chapter 607. COLTS, ANIMALS FOR PASTURAGE, FOOD AND SHELTER 581
Chapter 609. HAY 582
Chapter 610. HOSPITAL SERVICES 582
Chapter 611. LAND AND BUILDINGS; RENT DUE 584
Chapter 613. LANDSCAPE GARDENING 584
Chapter 615. LEATHER 585
Chapter 617. LOGS, LUMBER, WOOD AND BARK 585
Chapter 619. LIME, LIMEROCK, GRANITE AND SLATE 587
Chapter 621. MONUMENTAL WORK 587
Chapter 623. SAFE DEPOSIT BOXES 587
Chapter 625. VEHICLES 588
Chapter 627. VESSELS 589
Chapter 629. WATCHES, JEWELRY, CLOTHES, APPLIANCES AND MUSICAL INSTRUMENTS 592
Chapter 631. ENFORCEMENT AND SALE GENERALLY 593
Part 8. RECREATION 596
Chapter 701. GUARANTEE AUTHORITY 596
Subchapter 1. GENERAL PROVISIONS 596
Subchapter 2. CREATION AND OPERATION OF AUTHORITY 596
Subchapter 3. MORTGAGES AND INSURANCE 597
Subchapter 4. RECORDS 598
Part 9. DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION 599
Chapter 801. MOUNTAIN RESORTS AIRPORT AUTHORITY 599
Subchapter 1. GENERAL PROVISIONS 599
Subchapter 2. CREATION AND OPERATION OF AUTHORITY 599
Chapter 901. DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION 601
Part 10. COMMERCE AND INDUSTRY 628
Chapter 903. DEPARTMENT OF COMMERCE AND INDUSTRY 628
Part 11. HOUSING 629
Chapter 951. MANUFACTURED HOUSING ACT 629
Subchapter 1. GENERAL PROVISIONS 629
Subchapter 2. LICENSING 640
Subchapter 3. STATE CERTIFIED MANUFACTURED HOUSING 642
Subchapter 4. COMPLAINTS 648
Subchapter 5. STATE ADMINISTRATIVE AGENCY 649
Subchapter 6. MANUFACTURED HOUSING COMMUNITIES 654
Chapter 953. REGULATION OF MOBILE HOME PARKS; LANDLORD AND TENANT 658
Part 12. ENERGY 675
Chapter 1001. ENERGY TESTING LABORATORY OF MAINE 675
Chapter 1003. NORTHERN MAINE TRANSMISSION CORPORATION 675
Part 13. ELECTRONIC COMMERCE 680
Chapter 1051. UNIFORM ELECTRONIC TRANSACTION ACT 680
Chapter 1053. MAINE DIGITAL SIGNATURE ACT 692
Chapter 1055. MARKETING AND DATA COLLECTION PRACTICES 694
Part 14. BUILDING CODE 695
Chapter 1101. MAINE MODEL BUILDING CODE 695
Chapter 1103. MAINE UNIFORM BUILDING AND ENERGY CODE 696
Part 15. STATE OF EMERGENCY PROCEDURES 704
Chapter 1201. WAIVERS FOR OUT-OF-STATE BUSINESSES AND EMPLOYEES 704
Title 10: COMMERCE AND TRADE
Part 1: GENERAL PROVISIONS
Chapter 1: PROMOTION OF MAINE
§1. STATE LEVEL
(REPEALED)
SECTION HISTORY
1969, c. 455, §4 (RP).
§2. COUNTY LEVEL
Any county may expend not exceeding the sum of $5,000 annually under the direction of the county commissioners, to be accounted for as other moneys of the county, for advertising or promoting the natural resources, advantages and attractions of such county.
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."
[ 2003, c. 699, §2 (NEW) .]
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. [2003, c. 699, §2 (NEW).]
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. [2003, c. 699, §2 (NEW).]
[ 2003, c. 699, §2 (NEW) .]
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.
[ 2003, c. 699, §2 (NEW) .]
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 [2003, c. 699, §2 (NEW).]
B. The following 4 commissioners or the commissioners' designees of the following 4 departments and the president or the president's designee of the Maine International Trade Center who serve as ex officio, nonvoting members:
(1) Department of Labor;
(3) Department of Environmental Protection;
(4) Department of Agriculture, Conservation and Forestry; and
(5) Department of Health and Human Services. [2003, c. 689, Pt. B, §6 (REV); 2007, c. 266, §1 (AMD); 2011, c. 657, Pt. W, §5 (REV).]
[ 2003, c. 689, Pt. B, §6 (REV); 2007, c. 266, §1 (AMD); 2011, c. 657, Pt. W, §5 (REV) .]
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.
[ 2003, c. 699, §2 (NEW) .]
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.
[ 2003, c. 699, §2 (NEW) .]
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.
[ 2003, c. 699, §2 (NEW) .]
8. Staff. The Legislature, through the commission, shall contract for staff support for the commission, which, to the extent funding permits, must be year-round staff support. In the event funding does not permit adequate staff support, the commission may request staff support from the Legislative Council, except that Legislative Council staff support is not authorized when the Legislature is in regular or special session.
[ 2013, c. 427, §1 (RPR) .]
9. Powers and duties. The commission:
A. Shall meet at least twice annually; [2003, c. 699, §2 (NEW).]
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; [2003, c. 699, §2 (NEW).]
C. Shall every 2 years conduct an assessment of the impacts of international trade agreements on Maine's state laws, municipal laws, working conditions and business environment. The assessment must be submitted and made available to the public as provided for in the annual report in paragraph D; [2007, c. 266, §2 (AMD).]
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 paragraph B and may contain information acquired pursuant to activities under paragraph C; [2007, c. 266, §3 (AMD).]
E. Shall maintain active communications with any entity the commission determines appropriate regarding ongoing developments in international trade agreements and policy; [2003, c. 699, §2 (NEW).]
F. May recommend or submit legislation to the Legislature; [2003, c. 699, §2 (NEW).]
G. May recommend that the State support, or withhold its support from, future trade negotiations or agreements; and [2003, c. 699, §2 (NEW).]
H. May examine any aspects of international trade, international economic integration and trade agreements that the members of the commission consider appropriate. [2003, c. 699, §2 (NEW).]
[ 2007, c. 266, §§2, 3 (AMD) .]
10. Accounting; outside funding. All funds appropriated, allocated or otherwise provided to the commission must be deposited in an account separate from all other funds of the Legislature and are nonlapsing. Funds in the account may be used only for the purposes of the commission. 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 shall administer all funds received in accordance with this section. At the beginning of each fiscal year, and at any other time at the request of the cochairs of the commission, the executive director shall provide to the commission an accounting of all funds available to the commission, including funds available for staff support.
[ 2013, c. 427, §2 (AMD) .]
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.
[ 2003, c. 699, §2 (NEW) .]
SECTION HISTORY
2003, c. 689, Pt. B, §6 (REV). 2003, c. 699, §2 (NEW). 2007, c. 266, §§1-3 (AMD). 2011, c. 657, Pt. W, §5 (REV). 2013, c. 427, §§1, 2 (AMD).
§12. QUORUM
For purposes of holding a meeting, a quorum is 9 members. A quorum must be present to start a meeting but not to continue or adjourn a meeting. For purposes of voting, a quorum is 7 voting members. [2015, c. 400, §1 (AMD).]
SECTION HISTORY
2007, c. 266, §4 (NEW). 2015, c. 400, §1 (AMD).
§13. LEGISLATIVE APPROVAL OF TRADE AGREEMENTS
1. 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. [2009, c. 385, §1 (NEW).]
B. "Trade agreement" means an agreement reached between the United States Government and any other country, countries or other international political entity or entities that proposes to regulate trade, procurement, services or investment among the parties to the agreement. "Trade agreement" includes, but is not limited to, any agreements under the auspices of the World Trade Organization, all regional free trade agreements, including the North American Free Trade Agreement and the Central America Free Trade Agreement and all bilateral agreements entered into by the United States, as well as requests for binding agreement received from the United States Trade Representative. [2009, c. 385, §1 (NEW).]
[ 2009, c. 385, §1 (NEW) .]
2. State official prohibited from binding the State. If the United States Government provides the State with the opportunity to consent to or reject binding the State to a trade agreement, or a provision within a trade agreement, then an official of the State, including but not limited to the Governor, may not bind the State or give consent to the United States Government to bind the State in those circumstances, except as provided in this section.
[ 2009, c. 385, §1 (NEW) .]
3. Receipt of request for trade agreement. When a communication from the United States Trade Representative concerning a trade agreement provision is received by the State, the Governor shall submit a copy of the communication and the proposed trade agreement, or relevant provisions of the trade agreement, to the chairs of the commission, the President of the Senate, the Speaker of the House of Representatives, the Maine International Trade Center and the joint standing committees of the Legislature having jurisdiction over state and local government matters and business, research and economic development matters.
[ 2009, c. 385, §1 (NEW) .]
4. Review by commission. The commission, in consultation with the Maine International Trade Center, shall review and analyze the trade agreement and issue a report on the potential impact on the State of agreeing to be bound by the trade agreement, including any necessary implementing legislation, to the Legislature and the Governor.
[ 2009, c. 385, §1 (NEW) .]
5. Legislative approval of trade agreement required. Unless the Legislature by proper enactment of a law authorizes the Governor or another official of the State to enter into the specific proposed trade agreement, the State may not be bound by that trade agreement.
[ 2009, c. 385, §1 (NEW) .]
SECTION HISTORY
2009, c. 385, §1 (NEW).
Chapter 3: PEACEFUL USES OF ATOMIC ENERGY
Subchapter 1: GENERAL PROVISIONS
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