Chapter 647

2006 -- S 2331 SUBSTITUTE A

Enacted 06/23/06

A N A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES

Introduced By: Senators C Levesque, DaPonte, Tassoni, Connors, and Ciccone

Date Introduced: February 02, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby

amended by adding thereto the following sections:

37-2-77. International Trade Agreements -- procurement rules -- general assembly

approval. – (a)(1) As used 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. 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.

(b) Except as provided in subsection (c) of this section, state officials, including the

governor, may not:

(1) Commit the state to the government procurement rules of an "International Trade

Agreement"; or

(2) Give consent to the federal government to commit the state to the government

procurement rules of an International Trade Agreement.

(c) The governor may commit the state or give consent to the federal government to

commit 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 commit the

state or give consent to the federal government to commit the state to the government

procurement rules of a specific International Trade Agreement.

(d) Any consent that a state official, including the governor, has given for the state to be

committed by the government procurement rules of any International Trade Agreement on or

before the effective date of this section is declared invalid and the state is not committed by the

government procurement rules of any International Trade Agreement for which a state official,

including the governor, has given consent for the state to be committed to on or before the

effective date of this section.

37-2-78. Severability. – If any part or provision of this chapter or the application of any

part or provision to any person, entity, or circumstances is judged invalid by any court of

competent jurisdiction, the judgment shall be confined in its operation to the part of or provision

of or application directly involved in the controversy in which the judgment has been rendered

and shall not affect or impair the validity of the remainder of this law or its application to other

persons, entities, or circumstances.

     SECTION 2. This act shall take effect upon passage.

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LC01073/SUB A

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