THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COHEN, BELFANTI, CRUZ, DeLUCA, GEORGE, GOODMAN, HORNAMAN, KIRKLAND, KORTZ, LONGIETTI, READSHAW, SIPTROTH AND THOMAS, MARCH 6, 2009

REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, MARCH 6, 2009  

AN ACT

Requiring the Commonwealth to enact legislation to bind

Pennsylvania to the provisions of certain international trade

agreements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Regulation of

International Trade Agreements (RITA) Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Proposed international trade agreement."  A trade agreement

negotiated or in the process of being negotiated between the

Federal Government and a foreign country to which the

Commonwealth, at the request of the Federal Government, is a

party. The term does not include any international trade

agreement solely between the Commonwealth and a foreign country.

Section 3.  Intent.

The General Assembly finds as follows:

(1)  International trade agreements are being negotiated

by the Federal Government without providing for review by

state officials who are concerned with the repercussions of

these international trade agreements on state laws and state

lawmaking authorities.

(2)  The Federal Government has failed to consult with

state legislators prior to binding state governments to

provisions of international trade agreements.

(3)  Federal laws and other provisions contained in

international trade agreements may affect the ability of the

state to enact common economic development and environmental

policies. Some measures to achieve important state economic

development or environmental objectives could conflict with

obligations in one or more international trade agreements and

could therefore be challenged as potential barriers to trade.

(4)  The General Assembly and the Governor have

historically worked together to adopt and implement State

legislative standards and other public policies, and

therefore, the decision to consent to the coverage of

Pennsylvania under set rules and other provisions of

international trade agreements should be considered by the

General Assembly and the Governor in the same form as all

other State legislation.

Section 4.  Required consent for international trade agreement

provisions.

(a)  General rule.--To the extent permitted by the

Constitution of the United States, Federal law and international

trade agreements, whenever a state is permitted to consent to

participation under any international trade agreement, the

Commonwealth shall provide such consent only by enactment of a

specific law granting the required consent.

(b)  Limitation on Governor and State officials.--Until

compliance with subsection (a), no State official, including the

Governor, may bind the Commonwealth to or give consent to the

Federal Government to bind the Commonwealth to the provisions of

any proposed international trade agreement.

(c)  Effect on prior consents.--Any consent that a

Commonwealth official, including the Governor, has given for the

Commonwealth to be bound to set rules of any international trade

agreement on or before the effective date of this act is

declared invalid, and the Commonwealth will not be bound by the

Federal Government's rules of any international trade agreement.

(d)  Joint committee.--The Office of Governor and the General

Assembly will establish a formal joint committee in order to

regulate and review all international trade agreements and

ensure understanding and agreement among Commonwealth officials,

the Governor and the General Assembly in regards to the content

and the impact of all international trade agreement provisions.

Section 5.  Effective date.

This act shall take effect in 60 days.