An Act To Establish the Maine Jobs, Trade and Democracy Act
Maine Legislature, Session 121, LD 1815
Committee: Business, Research and Economic Development
Sponsors: COLWELL, EDMONDS, PATRICK, SHERMAN, SMITH, TREADWELL, DAGGETT, DAVIS, ROTUNDO, YOUNGBLOOD
Amends: 5 MRSA §12004-I

Legislative Document 
No. ISIS 
H.P.1337 
House of Representati ves, December 22, 2003 
An Act To Establish the Maine Jobs, Trade and Democracy Act 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17,2003. Referred to the Committee on 
Business, Research and Economic Development pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401. 
Presented by Speaker COLWELL of Gardiner. 
Cosponsored by Senator EDMONDS of Cumberland and 
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frl.11lu£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: PATRICK of Rumford, SHERMAN of Hodgdon, SMITH of Van Buren, 
TREADWELL of Carmel, Senators: President DAGGETT of Kennebec, DAVIS of 
Piscataquis, ROTUNDO of Androscoggin, YOUNGBLOOD of Penobscot. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, international trade is an important 
economy, 
with 
imports 
and 
exports 
compr1s1ng 
portion of Maine's gross state product; and 
part of Maine's 
a 
significant 
Whereas, current and future international trade agreements 
have significant implications for the future of Maine's economy; 
and 
Whereas, Maine has lost the 3rd highest percentage of jobs 
in 
the 
Nation, 
with 
numerous 
businesses 
closing 
due 
to 
globalization, and trade agreements are intended to liberalize 
markets even further; and 
Whereas, international trade 
agreements 
have 
implications 
for Maine laws governing agriculture; public services, including 
health 
care 
and 
education; 
environmental 
and 
public 
health 
regulation; economic subsidies; procurement; economic and working 
conditions; and municipal laws; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
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: 
79-A. 
Citizen Trade Legislative 
MRSA 
Policy 
Per Diem 
~ 
Commission 
and Expenses 
for Legislators! 
Expenses Only 
for Other 
Members 
Sec. 2. 10 MRSA c. I-A is enacted to read: 
CHAPTER 1-A 
IR'TERNATIOHAL TRADE AND THE ECOHQMY 
§11. 
Maine Jobs. Trade and Democracy Act 
Page l-LR2551(1) 
1. 
Short tit1e. 
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 
enti ties 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 17 
members: 
A. 
Three 
Senators 
representing 
at 
least 
political 
parties, appointed by the President of the Senate; 
B. 
Three 
members 
of 
the 
House 
of 
Representatives 
representing at least 2 political parties, appointed by the 
Speaker of the House; 
C. 
The Attorney General or the Attorney General's designee; 
D. 
Four members of the public, appointed by the Governor as 
follows: 
(1) 
A small business person; 
(2) 
A small farmer; 
(3) 
An academic or other professional with expertise 
in international trade; and 
E. 
(4) 
A representative of a Maine-based corporation that 
is active in international trade; 
Three members of the public appointed by the President 
of the Senate as follows: 
(1) 
A health care professional; 
(2) 
A person who is active in the religious community; 
and 
(3) 
A 
representative 
of 
the 
Maine 
Municipal 
Association or its successor organization; and 
F. 
Three members of the public appointed by the Speaker of 
the House as follows: 
(1) 
A person who is active in the organized labor 
community; 
(2) 
A member of a nonprofit human rights organization; 
and 
(3) 
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 
generally recognized and organized constituencies of the interest 
groups mentioned in paragraphs D, E and F. 
5. 
Terms; vacancies; limits. 
Except for Legislators and 
the Attorney General, 
who 
serve 
terms 
coincident with their 
elective 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 
terms. 
Members 
may 
continue 
to 
serve 
until 
their 
replacements are designated. 
6. 
Chair; officers: rules. 
The commission shall appoint 
its own chair and other officers and make rules for orderly 
procedure. 
7. 
Compensation. 
All 
members 
of 
the 
commission 
serve 
without additional compensation, but are entitled to receive the 
legislative per diem and expenses as defined in Title 3, section 
for their attendance to their duties under this chapter. 
After 
one 
year, 
the 
commission 
shall 
assess 
the 
needs 
for 
and 
qualifications of 
a 
staff person, 
for 
example, 
an executive 
director. 
If the commission determines that it requires such a 
person, it will request additional funds from the Legislature. 
8. 
Staff. 
The Office of Policy and Legal Analysis shall 
provide the necessary staff support for the operation of the 
commission. 
9. 
Powers and duties. 
The commission: 
A. 
Shall meet at least twice annually: 
B. 
Shall hear public testimony and recommendations from the 
people of Maine and qualified experts when appropriate at no 
fewer than 5 locations throughout the State in its first 
year and no fewer than 3 locations in subsequent years 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 
Band C; 
E. 
Shall maintain active communications with any entity the 
commission 
determines 
appropriate 
regarding 
ongoing 
developments in international trade agreements and policy; 
F. 
May draft and recommend 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. 
Evaluation. 
By December 31, 2009, the commission shall 
conduct an evaluat.ion of its activities and recommend to the 
Legislature 
whether 
to 
continue, 
alter or 
cease its future 
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. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
The purpose of this bill is to strengthen Maine's voice in 
the debate over future trade agreements and their effect on local 
democracy and the economy of Maine. 
It does so by creating the 
Citizen Trade Policy Commission, which will assess the legal and 
economic 
impact 
of 
trade 
agreements, 
hold 
public 
hearings 
throughout the State, interact with elected leaders in Maine and 
other states and make recommendations to the Legislature, the 
congressional delegation and the United States trade negotiators.