2004 S

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2004 S

  1. 1. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status AZ HB 2581 Submitting a bid or contract to provide Would require that consumer sales call center services or consumer 90 days after services. service call center services contracted on behalf of this state would legislature 1/30/2004 - Filed be preformed in the United States. adjourns *Note: Also affects call center practices; see State Call Center Outsourcing matrix CA AB 1829 Any state services with contractors or Contract must be performed solely with workers within the United January 1, subcontractors. States. 2005 2/2/2004 - (H) Referred To Committee On Business And Professions CA AB 1845 Any state services with contractors or Only citizens of the United States and legal resident aliens in the January 1, subcontractors. United States. 2005 1/30/2004 – Will Be Heard In Committee February 29 CO SB 169 Enter into a procurement contract with Make company ineligible for 7 years for certain state contracts or July 1, 2004 the state or a local government; funding if more that 100 jobs are moved out of Colorado to another 1/27/2004 - Receive any government grants or loans; country. Introduced In Use industrial development revenue Senate - Assigned bonds from the state or a local To State Veterans government. & Military Affairs CO SB 170 Procurement contract for services. Would prohibit awarding a procurement contract for services to be July 1, 2004 rendered or supplies delivered from a site outside the United States. 1/27/2004 - Would require each bidder to certify that services to be rendered and Introduced In supplies to be delivered shall be from a site within the United States. Senate - Assigned To State Veterans Additionally, Colorado does not consider itself bound by & Military Affairs international trade agreements in conflict with these limits on procurement. AMERICAN BANKERS ASSOCIATION OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  2. 2. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status GA HB 200 All competitive procurements. Preference of 7 percent in all competitive procurements made by the July 1, 2004 1/31/2003 - (H) state must be provided to vendors who are residents of Georgia or Second Reading whose products are made, manufactured, or grown in Georgia, if available. Qualifying vendor would be: An individual, partnership, association, or corporation that is authorized to transact business or maintains an office in this state within Georgia; maintains an inventory for expendable items which are representative of the general type of commodities on which the bid is submitted and located in Georgia at the time of the bid having a total value of $10,000.00 or more based on the bid price, but not to exceed the amount of the contract, or is a manufacturer which is headquartered and has at least a $10 million payroll in Georgia and the product is made or processed from raw materials into a finished end-product by such manufacturer or an affiliate and has paid all assessed taxes. GA HB 1281 Any governmental services for the Would prohibit any contracted services to be performed outside the July 1, 2004 executive branch. boundaries of the United States. 2/2/2004 - (H) Second Reading HI HB 1922 Telemarketing services or telephone The state would require vendors that operate telemarketing or Shall take center service. telephone center services on behalf of the State should be performed effect upon 1/26/2004 - (H) within the United States. its approval Referred To House *Note: Also affects call center Consumer practices; see State Call Center The State shall require each vendor submitting a bid or contract to Protection Outsourcing matrix provide services for the State as set forth in subsection (a) to certify Committee that only vendors who operate in the United States will be performing services under the contract. ID HB 598 All state, county, municipal, and school Would require a certified report verifying the total number of July 1, 2004 2/2 /04 - In construction, repair, and maintenance employees on the contract and the number of those employees that House Committee. work. are bona fide Idaho residents. AMERICAN BANKERS ASSOCIATION 2 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  3. 3. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status IL HB 4362 Any contract awarded for information Would require certification by contractor that all information Effective technology services. technology services provided pursuant to the contract be performed upon 2/3/2004 - (H) within the United States, by United States citizens, legal United becoming law Referred To Rules States resident aliens, persons with valid United States visas, or any Committee combination of such persons. IL HB 4550 All State contracts. All services performed pursuant to the contract, including those Effective performed pursuant to a subcontract, shall be performed within the upon 2/3/2004 - (H) United States, by United States citizens, or persons holding valid becoming law Referred To Rules United States immigrant visas, or a combination of those persons. Committee IL SB 2375 All State contracts. Would require a certification by the contractor that any service January 1, performed under the contract or a subcontract shall be performed 2005 or July 2/4/2004 - (S) within the United States. 1, 2004 Assigned To State (depending Government The State may void any contract for violation of that certification if on when the appropriate chief procurement officer deems that action to be in enacted) the best interest of the State. The Procurement Policy Board by rule may establish categories of exemptions from this Section when the Board deems those exemptions to be in the best interest of the State. IL SB 2413 All State contracts. Would prohibit contracts with “expatriate corporation,” defined as January 2004 “a publicly traded in the U.S., (ii) has incorporated in a foreign tax 2/3/2004 - (S) haven, (iii) is traded primarily in the U.S., (iv) has no substantial Assigned To Rules business activity in the place of incorporation.” Would exempt certain companies that were expatriates before January 1, 2005 and specified “shareholder rights.” Would authorize an agency to waive the prohibition if the contract meets a compelling public interest. IN HB 1080 Public works and procurement Would allow an “Indiana business” preference from 1 percent to 5 July 1, 2004 contracts. percent, depending on the estimated cost of the purchase in 2/5 In Senate awarding state contracts. AMERICAN BANKERS ASSOCIATION 3 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  4. 4. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status Would provide exceptions for bordering states. IN HB 1101 Contract of services with state agency. Citizens of the United States or individuals authorized to work in the July 1, 2004 United States must perform services awarded under a state contract. 1/13/2004 - (H) First Reading: Referred To Committee On Appointments And Claims IN HB 1275 Public works and contracts for services A contract for services entered into by a state agency must specify July 1, 2004 and supplies awarded by the state. that only citizens of the United States and individuals authorized to 1/15/2004 - (H) work in the United States may be employed in the performance of First Reading: services under the contract or any subcontract. Referred To Committee On Appointments and Claims IN HB 1381 A contract for services entered into by a Only Citizens of the United States or individuals authorized to work July 1, 2004 state agency. in the United States may be employed in the performance of services 1/20/2004 - (H) under the contract or any subcontract awarded under the contract. First Reading: Referred To Committee On Appointments And Claims IN SB 4 All contracts for services. All work under the contract must be performed in the United States; July 1, 2004 and the contractor must file with the contracting agency an affidavit 2/4/2004 - (H) that the contractor has in its files an employment eligibility First Reading: verification form required by the Immigration Reform and Control Referred To Act of 1986 for each individual that will be employed in the Committee On performance of the contract. Appointments And Claims AMERICAN BANKERS ASSOCIATION 4 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  5. 5. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status IA SB 2063 All State contracts. Would prohibit a contract to a nonresident alien for services to be August 1, performed outside of the boundaries of the United States, unless the 2004 2/3/2004 - (S) desired services cannot be obtained in the United States. In Senate Subcommittee KS HB 2524 All State contracts. No state agency shall award a contract to a contractor who performs Effective the work contracted for at a site outside of the United States. upon 1/18/04 Referred becoming To Commerce And Each vendor submitting a bid or contract to provide services for the law. Labor state shall certify that the services covered by the bid or contract will be performed in the United States. During the term of the contract, if the contractor or subcontractor shifts work outside of the United States, then the agency shall require the contractor or subcontractor to pay damages in an amount equal to the amount paid by the agency for the percentage of outsourced work. MD HB 183 Contract for services. A unit may not award a procurement contract for services to be 01/21/2004 rendered by a contractor or subcontractor from a site that is outside First Reading 1/28 First Reading the United States unless services related to a proceeding or an event Health And Health And that occurs outside the United States, or with board approval. Government Government Operations Operations MI HB 4940 Contracting for, and the providing of Would prohibit contract for the purchase of services unless that 90 days after supplies, materials, services, insurance, contract provides only citizens of the United States, legal resident legislature 1/1/04 Carried utilities, third party financing, aliens, and individuals with a valid visa shall perform the services adjourns over from 2003 equipment, printing, and all other items under that contract or any subcontract. as needed by state agencies. MN HB 1816 Contracts for professional or technical Services under the contract, or under any subcontract awarded under The day services. the contract, may be performed only by a citizen of the United States following 2/5/2004 - (H) or an individual legally authorized to work in the United States. final Introduction And enactment. First Reading, Referred To Governmental AMERICAN BANKERS ASSOCIATION 5 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  6. 6. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status Operations And Veterans Affairs Policy MS HB 464 Accepting a bid from or entering into a Would prohibit contractor or vendor that has persons who are not July 1, 2004 contract United States citizens or legal aliens who will work under the 1/20/2004 - (H) contract. An agency may accept a bid from or enter into a contract Referred To with a contractor or vendor that has persons who will work under Appropriations the contract who have some specialty for which United States citizens or legal aliens cannot be found. An agency shall require contractors and vendors submitting bids to attach an affidavit stating that all persons who will work under the contract are American citizens or legal aliens or have some specialty for which American citizens or legal aliens cannot be found. MO SB 853 All contact bids in excess of three Would prohibit personal information regarding Missouri residents 90 days after thousand dollars. who are not a party to the contract will be made or maintained with legislature 1/12/2004 - any bidder who intends to or performs any part of the contract adjourns Referred to Senate outside of the United States, either directly or through a Financial subcontractor. Committee MO SB 1029 All state contracts. Would prohibit a contractor or subcontractor who performs 90 days after contracted work at a site outside the United States. Each vendor legislature 1/20/2004 - submitting a bid or contract to provide services for the state shall adjourns Referred to Senate certify that the services covered by the bid or contract will be Financial performed in the United States. Committee MO SB 1129 Contract for telemarketing services or Would only permit vendors who operate in the United States will be 90 days after telephone center services. allow perform services under the contract. legislature 1/29/2004 - adjourns Second Read And *Note: Also affects call center Referred Senate practices; see State Call Center Financial Outsourcing matrix Committee AMERICAN BANKERS ASSOCIATION 6 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  7. 7. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status NE LB 1223 State agency contracts for services. State agencies may not award a contract to a contractor or October 1, subcontractor who performs the work at a site outside of the United 2004 01/23/2004 - States unless refusing to award a particular contract would violate the Referred To specific terms to which the State of Nebraska consented under the Government, Agreement on Government Procurement of the World Trade Military And Organization. Veterans Affairs Committee NJ SB 494 State contract for the performance of Only citizens of the United States and persons authorized to work in Upon services. the United States pursuant to federal law shall be employed in enactment 1/13/2004 - performance of services under the contract or any subcontract Introduced In The awarded under the contract. Senate, Referred To Senate State Government Committee NM SB 416 Contracts for services and professional Only citizens of the United States and persons authorized to work in July 1, 2004 services. the United States pursuant to federal law may be employed in the 2/9/2004 - Do performance of services or professional services under the contract Pass Committee or any subcontract awarded under the contract. Report Adopted NC SB 991 Contracts for telemarketing services or Would prohibit contracting with any vendor that employs the October 1, telephone center services. services of any person not authorized to work in the United States 2004 9/16/2003 - pursuant to federal law in the performance of telemarketing or Eligible For *Note: Also affects call center telephone center services on behalf of the State and such services Consideration practices; see State Call Center shall be performed in the United States. During The 2004 Outsourcing matrix Session SC HB 4434 Contracts for telemarketing services or Telemarketing or telephone center services on behalf of the State Applies to telephone center services. must be performed: in the United States; and by only United States contracts 1/14/2004 - House citizens and persons authorized to work in the United States by entered into Referred To *Note: Also affects call center federal law. on or after Committee On practices; see State Call Center the first day Labor, Commerce Outsourcing matrix of the second AMERICAN BANKERS ASSOCIATION 7 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  8. 8. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status And Industry month after its effective date SD HB 1116 Any state contract. Only citizens of the United States and persons authorized to work in 90 days after the United States pursuant to federal law may be employed in legislature 1/28/2004 - State performance of services under the contract or any subcontract adjourns Affairs Deferred awarded under the contract. No such contract may be awarded for To 36th Legislative services to be rendered by a contractor or subcontractor from a site Day of a 35 Day that is outside the United States. Session TN HB 2334 Every state contract for the performance Only citizens of the United States who reside within the United Upon of services. States, or any person authorized to work in the United States becoming a 2/4/2004 - Placed pursuant to federal law, including legal resident aliens in the United law. On Subcommittee States, shall be employed in the performance of services under the Calendar State contract or any subcontract awarded under the contract. Government Of State And Local Government For 02/10/04 TN SB 2344 Every state contract for the performance Only citizens of the United States who reside within the United Upon of services. States, or any person authorized to work in the United States becoming a 1/26/2004 - pursuant to federal law, including legal resident aliens in the United law. Passed Second States, shall be employed in the performance of services under the Consideration, contract or any subcontract awarded under the contract. Referred To Senate S&L Governor Comm. TN SB 2822 Every state contract for the performance Only citizens of the United States who reside within the United Upon of services. States, or any person authorized to work in the United States becoming a 1/26/2004 - pursuant to federal law, including legal resident aliens in the United law. Passed Second States, shall be employed in the performance of services under the Consideration, contract or any subcontract awarded under the contract. AMERICAN BANKERS ASSOCIATION 8 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  9. 9. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status Referred To Senate S&L Governor Comm. UT SB 199 All technology-based contracts. Would provide for inter-agency incentives in all technology-based July 1, 2004 contracts awarded to a smart site enterprise under the department's 2/9/2004 - (S) smart site program. Senate/ Read 1st (Introduced) VT HB 647 Contracts for telemarketing services or Would prohibit contracts with any vendor that provides October 1, telephone center services. telemarketing or telephone center services that are not performed by 2004 1/28/2004 - (H) In individuals in the United States. Government Operations VT HB 702 Procurement contract for services. Would prohibit awarding a procurement contract for services to be July 1, 2004 rendered by a contractor or subcontractor from a site that is outside 2/3/2004 - (H) In the United States unless that service related to a proceeding or event Government that occurs outside the United States. Operations VA HB 243 Any contract for goods or Would give preference to goods produced in the United States, or to July 1, 2004 nonprofessional services. goods or nonprofessional services provided by U.S.-based firms or 2/3/2004 - (H) corporations up to 20 percent greater than the bid price of the low Continued to 2005 responsive and responsible foreign-based firm or corporation. in General Laws VA HB 315 Procurement of goods or services in 3 percent preference to any person with facilities located in Virginia July 1, 2004 excess of $500,000. that manufacture, develop, produce, grow, mine, or make such goods 2/3/2004 - (H) or services. Continued to 2005 in General Laws VA HB 1010 Any contract for professional services. Only citizens of the United States, legal resident aliens, and July 1, 2004 individuals with a valid visa will perform the services under the 2/3/2004 - (H) contract or any subcontract of that contract. Continued to 2005 in General Law AMERICAN BANKERS ASSOCIATION 9 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation
  10. 10. 2/9/04 2004 STATE CONTRACTING OUTSOURCING LEGISLATION* State/ Contract Activities Affected Conditions for Performance Effective Bill Number & Date Status VA SB 151 Any contract for goods or Would give preference to goods produced in the United States, or to July 1, 2005 nonprofessional services. goods or nonprofessional services provided by U.S.-based firms or 1/28/2004 - (H) corporations up to 20 percent greater than the bid price of the low Continued to 2005 responsive and responsible foreign-based firm or corporation. in General Law WA HB 2405 Contracts for Personal services. Citizens of the United States or persons authorized by federal law to July 1, 2005 work in the United States must perform all work under a contract for 1/14/2004 - (H) services, or under any subcontract awarded under a contract for First Reading, services. Referred To Commerce & Labor. WA HB 2768 All work under a public works, personal Must be performed by citizens of the United States or persons Upon services, purchased services, or authorized by federal law to work in the United States. signature by 1/20/2004 - (H) information services contract. Governor First Reading, Referred To Commerce & Labor. WI SB 389 All contractual services purchased by All contractual services must be performed within the United States. executive branch agencies. This requirement does not apply if the contractual services cannot be 1/14/2004 - (S) obtained within the United States. Read First Time And Referred To Committee On Homeland Security, Veterans And Military Affairs And Government Reform AMERICAN BANKERS ASSOCIATION 10 OFFICE OF THE GENERAL COUNSEL *Shaded text indicates Failed Legislation

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