An Act To Require Legislative Consultation and Approval Prior to Committing the State to Binding International Trade Agreements
Maine Legislature, Session 124, LD 1257
Committee: Business, Research and Economic Development
Sponsors: TREAT, BRYANT, FLETCHER, ROTUNDO, SMITH, BARTLETT, JACKSON, RA YE, SHERMAN
Amends: 10 MRSA §13

FIRST P~GULAR SESSION=2009-
Legislative Document 
No. 1257 
H.P.876 
House of Representatives, March 31, 2009 
An Act To Require Legislative Consultation and Approval Prior to 
Committing the State to Binding International Trade Agreements 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative TREAT of Hallowell. 
Cosponsored by Senator BRYANT of Oxford and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: FLETCHER of Winslow; MARTIN of Eagle Lake, ROTUNDO of Lewistcin, 
SMITH of Monmouth, Senators: BARTLETT of Cumberland, JACKSON of Aroostook, 
RA YE of Washington, SHERMAN of Aroostook. 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §13 is enacted to read: 
§13. Legislative approval of trade agreements 
1. Definitions. As used in tlus 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 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 and to which the State, at the request of the United States 
Government, is a party. "Trade agreement" includes, but is not linlited to, the North 
American Free Trade Agreement, agreements with the World Trade Organization and 
the free trade area of the Americas and requests for binding agreement received from 
the United States Trade Representative. 
2. State official prohibited from binding the State. In order to ensure control by 
the Legislature over decisions involving binding the State to certain trade agreements, an 
official of the State, including the Governor, is prohibited from· binding the State, or 
giving consent to the Federal Government to bind the State, to a trade agreement except 
as provided in this section. 
3. Receipt of request for trade agreement. When a communication from the 
United States Trade Representative concerning a trade agreement 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 and the joint 
standing committees of the .Legislature having jurisdiction over state and local 
government matters and business, research and econonlic development matters. 
4. Review by commission. The commission 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 implementing legislation, to the Legislature and the 
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Governor. 
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. 
SUMMARY 
The purpose of this bill is to pr~hibit any official of the State, including the Governor, 
from binding the State to a trade agreement to which the State is invited to be a party by 
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the United States Government without the express consent of the Legislature through the 
enactment of a law authorizing an official of the State to enter into that trade agreement.