An Act To Implement the Recommendations of the Working Group on the State Purchasing Code of Conduct Laws
Maine Legislature, Session 123, LD 1678
Committee: State and Local Government
Sponsors: ROTUNDO, BURNS, STRIMLING, PINGREE
Amends: 5 MRSA §1825-B, 5 MRSA §1825-S, 5 MRSA §1825-T, 5 MRSA §12004-I

Legislative Document 
No. 1678 
S.P.584 
March 22, 2007 
An Act To Implement the Recommendations of the Working Group 
on the State Purchasing Code of Conduct Laws 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Senator ROTUNDO of Androscoggin. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative BURNS of Berwick and Senator: STRIMLING of 
Cumberland, Representative: PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §1825-B, sub-§12 is enacted to read: 
12. Vendor's fee. A supplier of apparel, footwear or textiles with a winning bid 
under this section must pay a fee in an amount equal to I % of the bid to the State 
Purchasing Agent. The State Purchasing Agent shall applv the fee under this subsection 
to the costs of implementing and administering the state purchasing code of conduct 
under section 1825-L, including developing a consortium to monitor and investigate 
alleged violations of the code of conduct. The State Purchasing Agent shall adopt major 
substantive rules under chapter 375, subchapter 2-A to carry out the purposes of this 
subsection. 
II 
Sec. 2. 5 MRSA §1825-S, sub-§l, ,A, as enacted by PL 2005, c. 554, Pt. A, §6, 
is amended to read: 
A. 
Requesting that each party found not to be in compliance with the code of 
conduct provide continued access to independent monitors, if available; 
Sec. 3. 5 MRSA §1825-T is enacted to read: 
§1825-T. Citizens' Code of Conduct Working Group 
The Citizens' Code of Conduct Working Group, as established in section 12004-1, 
subsection 29-0 and referred to in this section as "the group," advises the State 
Purchasing Agent on matters related to this chapter. 
1. Membership; terms; meetings; removal. The group consists of 9 members. Of 
the 9 members, 7 must be members appointed by the Governor, including one member 
representing an organization that represents uniform-wearing public employees, one 
member who is an expert in global economics and supply chains, one member who is an 
expert in business practices and economic development and 4 members who are 
advocates for labor rights and just working conditions in the apparel, footwear and textile 
industry and are based in the State. 
In addition to the members appointed by the 
Governor, one member must be the Commissioner of Administrative and Financial 
Services or the commissioner's designee and one member must be the State Purchasing 
Agent or the State Purchasing Agent's designee. 
The Commissioner of Administrative and Financial Services or the commissioner's 
designee shall convene the first meeting of the group. The members shall elect a chair 
from the membership by majority vote of the membership at the first meeting of the 
group. The chair serves for the duration of that member's term unless a majority of the 
membership elects another chair. 
At the end of the chair's term as member, the 
membership shall elect a succeeding chair by majority vote of the membership. Members 
serve for a term of 2 years. The group shall meet at least annually to conduct business 
and to elect officers. A quorum consists of at least 5 members. The affirmative vote of a 
majority of the members present is necessary to decide any business brought before the 
grQlli2" 
A member may be removed by the Governor for: 
Page) - 123LRI672(OI)-1 
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A. Failure to attend group meetings; 
8. Ceasing to represent the interests delineated in this subsection; 
C. Moving out of the State; or 
D. 
Cause, as determined by the Commissioner of Administrative and Financial 
Services. 
2. Duties of group. The group shall: 
A. Assist the State Purchasing Agent in matters relevant to developing a consortium 
to monitor and investigate alleged violations of the code of conduct; 
8. Assist the State Purchasing Agent and the liaison to the monitoring consortium 
under section 1825-8, subsection 12 in implementing, administering and enforcing 
the code of conduct; 
C. Assist the State Purchasing Agent and the liaison to the monitoring consortium 
under section 1825-8, subsection 12 with educational outreach to state employees 
and vendors so that the code of conduct can be implemented effectively; 
D. 
Investigate how the code of conduct may be applied to all purchases of items 
covered by the code within the open market purchasing limit applicable to state 
agencies; and 
E. Recommend legislative or rule changes to the code of conduct. 
Sec. 4. 5 MRSA §12004-I, sub-§29-D is enacted to read: 
Finance 
Citizens' Code of 
Conduct Working 
Group 
Not authorized 
SUMMARY 
MRSA 1825-T 
This bill: 
1. Charges a vendor's fee of 1 % of the amount of a winning bid by a supplier of 
apparel, footwear or textiles to the State to pay for the administration and implementation 
of the state purchasing code of conduct, including allowing the State Purchasing Agent to 
develop a consortium to monitor and investigate alleged violations of the code of 
conduct; 
2. Amends the laws regarding the state purchasing code of conduct to allow a party 
found not to be in compliance with the code of conduct to provide continued access to 
independent monitors; and 
3. Creates the Citizens' Code of Conduct Working Group, with 7 members appointed 
by the Governor and the State Purchasing Agent and Commissioner of Administrative 
and Financial Service as ex officio members, to advise the State Purchasing Agent on 
I 
matters related to the state purchasing code of conduct and to help implement a 
monitoring consortium for the code of conduct.