LD 1383

132nd MAINE LEGISLATURE
  FIRST SPECIAL SESSION-2025
Legislative Document  No. 1383
H.P. 905  House of Representatives, April 1, 2025
  An Act to Require State Divestment from Perpetrators of
  International Human Rights Violations
   Reference to the Committee on State and Local Government suggested and ordered printed.
  ROBERT B. HUNT
  Clerk
Presented by Representative MACIAS of Topsham.
Cosponsored by Representatives: ABDI of Lewiston, DEBRITO of Waterville, DHALAC of
South Portland, PUGH of Portland, RANA of Bangor, SATO of Gorham, YUSUF of Portland.
  Printed on recycled paper
1 Be it enacted by the People of the State of Maine as follows:
2     Sec. 1. 5 MRSA §1524 is enacted to read:
3 §1524. State divestment from perpetrators of international human rights violations
4     1. Definitions. As used in this section, unless the context otherwise indicates, the
5 following terms have the following meanings.
6     A. "Crime of apartheid" has the same meaning as in the Rome Statute of the
7     International Criminal Court, article 7, paragraph 2(h).
8     B. "Ethnic cleansing" means the systematic forced removal of an ethnic or religious
9     group from a given territory by another ethnic or religious group, often with the intent
10     to make the territory more ethnically or religiously homogeneous.
11     C. "Genocide" has the same meaning as in the Rome Statute of the International
12     Criminal Court, article 6.
13     D. "Perpetrator state" means a state, country or governing body found by an
14     independent and credible international body, including the United Nations,
15     International Criminal Court or similar tribunal, to have committed the crime of
16     apartheid, ethnic cleansing, genocide or a war crime.
17     E. "War crime" has the same meaning as in the Rome Statute of the International
18     Criminal Court, article 8, paragraph 2.
19      2. Prohibition on investments. The State may not invest funds, including any public
20 funds managed by the Maine Public Employees Retirement System under chapter 421, in
21 or enter into a procurement contract with a company, entity, person or financial institution
22 that operates in, directly benefits from or is associated with a perpetrator state. The State
23 shall divest all assets from a company, entity, person or financial institution that operates
24 in, directly benefits from or is associated with a perpetrator state within 12 months of the
25 determination of the perpetrator state's status as a perpetrator state by an independent and
26 credible international body.
27      3. Monitoring and reporting. The Office of the Treasurer of State, in collaboration
28 with human rights experts and organizations, shall establish a commission to monitor
29 international human rights reports and identify potential perpetrator states. By January 1st
30 of each year, the Office of the Treasurer of State shall submit a report from the commission
31 detailing the commission's activities and findings regarding compliance with this section
32 to the Governor and the Legislature.
33     4. Exceptions; waiver. This section does not apply to an investment or procurement
34 contract related to the provision of humanitarian aid, food, medicine or other essential
35 supplies aimed at alleviating the suffering of a population. The Governor may issue a
36 waiver of the provisions of subsection 2 related to an investment, procurement or
37 divestment if the Governor determines that the waiver will prevent significant harm to the
38 residents of this State or that the operation of this section will undermine national security
39 interests.
40     5. Legal challenges. The court shall address a legal challenge to the operation of this
41 section in an expedited manner.
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1    6. Enforcement. The Attorney General shall enforce violations of this section by any
2 department, agency or other public or private person.
3     Sec. 2. State to divest within 12 months of effective date of this Act. Within
4 12 months of the effective date of this Act, the Office of the Treasurer of State shall divest
5 all public funds, including any public funds managed by the Maine Public Employees
6 Retirement System under the Maine Revised Statutes, Title 5, chapter 421, from a
7 perpetrator state as defined in Title 5, section 1524, subsection 1, paragraph D.
8SUMMARY
9      This bill prohibits the State from investing public funds or entering into procurement
10 contracts with companies, entities, persons or financial institutions that operate in, directly
11 benefit from or are associated with perpetrator states, countries or governing bodies that
12 have been determined by independent and credible international bodies to have committed
13 the crime of apartheid, ethnic cleansing, genocide or a war crime. The bill directs the Office
14 of the Treasurer of State to create a commission to monitor human rights reports to identify
15 potential perpetrator states, countries or governing bodies and to report the activities and
16 findings regarding compliance with the provisions of this bill annually to the Governor and
17 the Legislature. The bill creates exceptions for humanitarian aid and allows for a waiver
18 related to an investment, procurement or divestment by the Governor in cases of significant
19 harm to the residents of this State or that undermine national security interests.
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