PRINTER'S NO. 2042
No. 1603 Session of 2007
INTRODUCED BY COHEN, SURRA, JAMES, JOSEPHS, BELFANTI, FREEMAN, CALTAGIRONE, GEORGE, BLACKWELL, FABRIZIO, GRUCELA, KIRKLAND, KORTZ, LONGIETTI, McGEEHAN, MYERS, SIPTROTH, STURLA AND YOUNGBLOOD, JUNE 21, 2007
REFERRED TO COMMITTEE ON LABOR RELATIONS, JUNE 21, 2007
AN ACT 1 Requiring the Commonwealth to enact legislation to bind 2 Pennsylvania to the provisions of certain international trade 3 agreements. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Regulation of 8 International Trade Agreements (RITA) Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Proposed international trade agreement." A trade agreement 14 negotiated or in the process of being negotiated between the 15 Federal Government and a foreign country to which the 16 Commonwealth at the request of the Federal Government is a 17 party. The term does not include any international trade
1 agreement solely between the Commonwealth and a foreign country. 2 Section 3. Intent. 3 The General Assembly finds as follows: 4 (1) International trade agreements are being negotiated 5 by the Federal Government without providing for review by 6 state officials who are concerned with the repercussions of 7 these international trade agreements on state laws and state 8 lawmaking authorities. 9 (2) The Federal Government has failed to consult with 10 state legislators prior to binding state governments to 11 provisions of international trade agreements. 12 (3) Federal laws and other provisions contained in 13 international trade agreements may affect the ability of the 14 state to enact common economic development and environmental 15 policies. Some measures to achieve important state economic 16 development or environmental objectives could conflict with 17 obligations in one or more international trade agreements and 18 could therefore be challenged as potential barriers to trade. 19 (4) The General Assembly and the Governor have 20 historically worked together to adopt and implement State 21 legislative standards and other public policies, and 22 therefore, the decision to consent to the coverage of 23 Pennsylvania under set rules and other provisions of 24 international trade agreements should be considered by the 25 General Assembly and the Governor in the same form as all 26 other State legislation. 27 Section 4. Required consent for international trade agreement 28 provisions. 29 (a) General rule.--To the extent permitted by the 30 Constitution of the United States, Federal law and international 20070H1603B2042 - 2 -
1 trade agreements, whenever a state is permitted to consent to 2 participation under any international trade agreement, the 3 Commonwealth shall provide such consent only by enactment of a 4 specific law granting the required consent. 5 (b) Limitation on Governor and State officials.--Until 6 compliance with subsection (a), no State official, including the 7 Governor, may bind the Commonwealth to or give consent to the 8 Federal Government to bind the Commonwealth to the provisions of 9 any proposed international trade agreement. 10 (c) Effect on prior consents.--Any consent that a 11 Commonwealth official, including the Governor, has given for the 12 Commonwealth to be bound to set rules of any international trade 13 agreement on or before the effective date of this act is 14 declared invalid, and the Commonwealth will not be bound by the 15 Federal Government's rules of any international trade agreement. 16 (d) Joint committee.--The Office of Governor and the General 17 Assembly will establish a formal joint committee in order to 18 regulate and review all international trade agreements and 19 ensure understanding and agreement among Commonwealth officials, 20 the Governor and the General Assembly in regards to the content 21 and the impact of all international trade agreement provisions. 22 Section 5. Effective date. 23 This act shall take effect in 60 days. E30L29JS/20070H1603B2042 - 3 -