An Act To Establish the Maine Jobs, Trade and Democracy Act LR 2551(02)
Maine Legislature, Session 121, LD 1815
Committee Amendment CA_A_H783 (House)

COMMITTEE AMENDMENT ,,{t.. to H.P. l337, L.D. 1815, Bill, 
Act To Establish the Maine Jobs, Trade and Democracy Act" 
"An 
Amend 
the bill 
by 
striking out all 
of 
section 
and 
inserting in its place the following: 
. Sec. 2. 10 MRSA c. I·A is enacted to read: 
CHAPTER I-A 
INTERNATIONAL TRADE AND THE ECONOMY 
Sll. 
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 12004-1, subsection 79-A. 
B. 
"Trade agreement" means any agreement reached between 
the 
United 
States 
Government 
and 
any 
other 
country, 
countr ies 
or 
other 
international 
political 
entity 
or 
COMMITTEE AMENDMENT 
,<C. 
'1,.l. 'd ' 
COMMITTEE AMENDMENT ,~, to H.P. 1337, L.D. 1815 
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 
COMMITTEE 
COMMITTEE AMENDMENT "11-- to H.P. 1337. L.D. 1815 
(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 
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 
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. 
COMMITTEE AMENDMENT 
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1.2 
COMMITTEE AMENDMENT "A" to H.P. 1337, L.D. 1815 
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 
~~~~ive 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 addit,ional 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 naragraphs 
Band Cj 
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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'fJ.. to H.P. 1337. L.D. 1815 
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 ·oof 
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 amour.'t 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. ' 
Further amend the bill by inserting after section 3 the 
following: 
'Sec. 
4. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
LEGISLATURE 
Legislature 
lni tiative: 
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 b~se allocation in the 
amount of $500 is included below in the event outside sources of 
funding are received for this purpose. 
General Fund 
Personal Services 
All Other 
General Fund Total 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
2003-04 
$0 
o 
$0 
2003-04 
$0 
$0 
2004-05 
$1,320 
11, 050 
$12,370 
2004-05 
$500 
$500' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ~ 
.. to H.P. 1337, L.D. 1815 
SUMMARY 
This amendment changes 3 of 
Policy Commission and adds 5 ex 
commission. 
It allows members 
serve on a temporary basis. 
the members of the Citizen Trade 
officio nonvoting members to the 
to appoint alternate members to 
The amendment reduces the number of required public hearings 
to 
each year, 
instead of 
in the first year 
and 
in 
subsequent 
years. 
It specifies 
that 
the 
first-named 
Senate 
member 
of 
the 
commission 
and 
the 
first-named 
House 
of 
Representatives member are the cochairs of the commission. 
It 
also changes compensation so that Legislators receive per diem 
and expenses for attendance at meetings and other members receive 
reimbursement of expenses if they are not otherwise reimbursed 
for those costs. 
The 
amendment 
allows 
the 
commission to 
outside funding to assist the commission in 
assigned 
duties 
and 
adds 
an 
appropriations 
section. 
FISCAL .\OIE REQl.lRED 
(See attached) 
seek 
and 
accept 
carrying out its 
and 
allocations 
COMMITTEE AMENDMENT 
" 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Approved: 03110104 ;:::t?ae 
Office of Fiscal and Program Review 
LD 1815 
An Act To Establish the Maine Jobs, Trade and Democracy Act 
LR 2551(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Labor 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$0 
$0 
$0 
2004-05 
$12,370 
$12,370 
$500 
Projections 
2005-06 
$12,370 
$12,370 
$500 
Projections 
2006-07 
$12,370 
$12,370 
$500 
Establishing an ongoing Citizen Trade Policy Commission requires a General Fund appropriation to the Legislature in 
the amount of $12,370 in fiscal year 2004-05 and annually thereafter. This appropriation will provide funds for per 
diem and expenses for members of the commission as well as public hearing and general operating expenses. 
Authorizing the commission to seek funds from other sources may result in the collection of Other Special Revenue 
Funds beginning in fiscal year 2004-05. A base allocation of Other Special Revenue Funds in the amount of $500 is 
included in the bill in the event outside sources of funding are received for this purpose. 
LR2551(2) - Fiscal Note - Page 1 of 1