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PUBLIC LAWS OF MAINE
Second Regular Session of the 120th

CHAPTER 643
H.P. 1505 - L.D. 2008

An Act to Create the Office of Maine-Canada Trade Ombudsman

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 5 MRSA c. 12-A is enacted to read:

CHAPTER 12-A
MAINE-CANADA TRADE OMBUDSMAN

§261. Office created

     The Office of the Maine-Canada Trade Ombudsman is established within the Executive Department and is autonomous from any other state agency.

§262. Appointment; term; compensation

     The Governor shall appoint an ombudsman to head the Office of the Maine-Canada Trade Ombudsman, who is referred to in this chapter as the "ombudsman," subject to review by the joint standing committee of the Legislature having jurisdiction over state and local government matters and confirmation by the Senate. The ombudsman must be chosen without reference to party affiliation and solely on the ground of professional competence to perform the duties of that office. The ombudsman appointed in 2003 holds office until January 1, 2005. Thereafter, the ombudsman holds office for a term of 4 years. An ombudsman may be reappointed. The compensation of the ombudsman is fixed by the Governor.

§263. Duties

     The ombudsman has, upon consent of the Governor, the duties and powers established under the following provisions governing trade between businesses in this State and individuals, businesses and governmental entities in Canada.

     1. Administration. The ombudsman shall administer the Office of the Maine-Canada Trade Ombudsman. In exercising the administration of the office, the ombudsman shall formulate policies, establish organizational and operational procedures and exercise general supervision. The ombudsman shall employ, with the approval of the Governor and subject to the Civil Service Law, those assistants as are necessary to carry out this chapter. The ombudsman shall adopt a seal for use in the official business of the office. The ombudsman has custody and control of the facilities provided for the administration of this chapter.

     2. Advice. The ombudsman shall advise the Governor, the Legislature and the directors of other appropriate state departments or agencies on appropriate steps needed to coordinate state policy and state actions on commerce and other relations with individuals, businesses and governmental entities in Canada.

     3. Representation. The ombudsman shall represent the State at the national level for trade matters between the United States and Canada that involve the State.

     4. Investigation; resolution of complaints; negotiation. The ombudsman shall answer inquires from citizens and businesses in this State and investigate, advise and work toward resolution of complaints that arise concerning trade issues. The ombudsman may negotiate on behalf of businesses in this State, with their consent, with individuals, businesses and governmental entities of Canada to secure fair trade treatment of products and services of this State.

     5. Biennial report. The ombudsman shall report biennially to the Governor and Legislature facts and recommendations related to the work and needs of the Office of the Maine-Canada Trade Ombudsman.

     6. Rules. The ombudsman may adopt rules necessary to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter II-A.

     Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.

EXECUTIVE DEPARTMENT
Administration - Executive Governor's Office

     Sec. 3. Effective date. This Act takes effect January 1, 2003.

Effective January 1, 2003.

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