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ROBERT L. EHRLICH, JR., Governor SB. 401
FOR the purpose of prohibiting State officials, including the Governor, from binding
the State or consenting to bind the State to the government procurement rules
of an international trade agreement except under certain circumstances;
authorizing the Governor to bind the State or to consent to bind the State to the
government procurement rules of an international trade agreement only if the
General Assembly enacts certain legislation; providing that certain consent that
a State official, including the Governor, has given for the State to be bound to
certain government procurement rules of any international trade agreements on
or before a certain date is declared invalid and that the State is not bound by the
government procurement rules of certain international trade agreements;
defining a certain term; providing that a copy of this Act be forwarded to certain
individuals; and generally relating to the authorization needed to bind the State
or to consent to bind the State to certain government procurement rules of an
international trade agreement.
BY adding to
Article - State Government
Section 3-308
Annotated Code of Maryland
(2004 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Government
3-308.
(A) (1) IN THIS SECTION, "INTERNATIONAL TRADE AGREEMENT" MEANS A
TRADE AGREEMENT BETWEEN THE FEDERAL GOVERNMENT AND A FOREIGN
COUNTRY TO WHICH THE STATE, AT THE REQUEST OF THE FEDERAL GOVERNMENT,
IS A PARTY.
(2) "INTERNATIONAL TRADE AGREEMENT" DOES NOT INCLUDE A TRADE
AGREEMENT BETWEEN THE STATE AND A FOREIGN COUNTRY TO WHICH THE
FEDERAL GOVERNMENT IS NOT A PARTY.
(A) (B) EXCEPT AS PROVIDED IN SUBSECTION (B) (C) OF THIS SECTION,
STATE OFFICIALS, INCLUDING THE GOVERNOR, MAY NOT:
(1) BIND THE STATE TO THE GOVERNMENT PROCUREMENT RULES OF
AN INTERNATIONAL TRADE AGREEMENT; OR
(2) GIVE CONSENT TO THE FEDERAL GOVERNMENT TO BIND THE STATE
TO THE GOVERNMENT PROCUREMENT RULES OF AN INTERNATIONAL TRADE
AGREEMENT.
(B) (C) THE GOVERNOR MAY BIND THE STATE OR GIVE CONSENT TO THE
FEDERAL GOVERNMENT TO BIND THE STATE TO THE GOVERNMENT PROCUREMENT
RULES OF AN INTERNATIONAL TRADE AGREEMENT ONLY IF THE GENERAL
ASSEMBLY ENACTS LEGISLATION THAT EXPLICITLY AUTHORIZES THE GOVERNOR TO
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