SF 973

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to economic development; providing for state involvement in trade
policies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin ROLE OF STATE LEGISLATURE IN TRADE POLICY.
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new text begin (a) It shall be the policy of the state that approval for the state to be bound by any
trade agreement requires the consent of the state legislature.
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new text begin (b) Four state legislative contacts must be informed by the governor or the governor's
designee as the state's "single point of contact" when any trade agreement arrives in the
office of the governor or in the office of the single point of contact on trade. The four
contacts are the majority and minority leader of the state senate or their designated
legislators and the speaker and minority leader in the state house of representatives
or their designated legislators. The legislature declares that the purposes of the state
contacts are to:
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new text begin (1) serve as the state's official legislative liaisons with the governor and the state
legislature on trade-related matters;
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new text begin (2) serve as the legislature's designated recipients from the governor of federal
requests for consent to consultation regarding investment, procurement, services, or other
provisions of international trade agreements, which impinge on state law or regulatory
authority reserved to the states;
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new text begin (3) transmit information regarding federal requests from the governor to all
appropriate legislative committees;
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new text begin (4) issue a formal request to the Department of Administration and all appropriate
state agencies to provide analysis of all proposed trade agreements' impact on state
legislative authority and the economy of the state;
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new text begin (5) inform all members of the legislature on a regular basis about ongoing trade
negotiations and dispute settlement proceedings with implications for the state more
generally;
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new text begin (6) communicate the concerns of the legislature to the governor and United States
trade representative regarding ongoing and proposed trade negotiations; and
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new text begin (7) notify the governor and the United States trade representative of the outcome
of any legislative action.
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new text begin (c) At a minimum, the following actions are required before the state shall consent to
the terms of a trade agreement:
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new text begin (1) when a federal trade request has been received, the governor or the single
point of contact must submit the request to the legislative contacts on a day both houses
are in session. The request must contain a copy of the final legal text of the agreement
together with:
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new text begin (i) a state agency or the governor's single point of contact designee's analysis of the
trade agreement's effects to the state, including, but not limited to, legal, financial, and
government procurement;
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new text begin (ii) a statement of any administrative action proposed to implement these trade
agreement provisions in the state; and
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new text begin (iii) a draft of necessary legislation authorizing the state to sign on to the specific
listed provisions of the agreement in question;
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new text begin (2) at least one public hearing, with adequate public notice, shall occur before the
legislature votes on legislation proposed by the governor or the governor's single point
of contact on trade; and
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new text begin (3) the bill authorizing the state to sign on to specific listed provisions of an
agreement is enacted into law.
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new text begin (d) It is the sense of this legislature that Congress should pass legislation instructing
the United States trade representative to fully and formally consult individual state
legislatures regarding procurement, services, investment, or any other trade agreement
rules that impact state laws or authority before negotiations begin and as they develop,
and to seek consent from state legislatures in addition to governors prior to binding
states to conform their laws to the terms of international commercial agreements. Such
legislation is necessary to ensure the prior informed consent of the state with regard to
future international trade and investment agreements.
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new text begin (e) The state secretary of state in consultation with the state attorney general shall
notify the United States trade representative of the policies in paragraph (d) in writing
no later than 30 days after its effective date, and shall provide copies of the notice to the
president of the senate, speaker of the house of representatives, the governor, and the
state's congressional delegation.
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