Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8



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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


1Short title.  This section may be known and cited as "the Maine Jobs, Trade and Democracy Act."

[ 2003, c. 699, §2 (NEW) .]



2Definitions.  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) .]



3Purposes.  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) .]



4Membership.  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) .]

5Terms; 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) .]



6Chair; 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) .]



7Compensation.  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) .]



8Staff.  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) .]



9Powers 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) .]



10Accounting; 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) .]



11Evaluation.  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


1Definitions.  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) .]



2State 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) .]



3Receipt 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) .]



4Review 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) .]



5Legislative 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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