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                                                      PRINTER'S NO. 2042

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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.





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