Today's Law As Amended

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AB-848 Public contracts: University of California: California State University: domestic workers.(2017-2018)



SECTION 1.
 The Legislature finds and declares all of the following:
(a) The United States has lost nearly five million manufacturing jobs over the last 20 years, with at least 40 percent of these jobs outsourced to a foreign country.
(b) Outsourcing by the technology sector is a growing trend, with approximately 1.7 million jobs outsourced from the United States and an estimated one billion three hundred sixty million dollars ($1,360,000,000) lost to outsourcing since the year 2000.
(c) Contractors and subcontractors are using taxpayer dollars to create jobs in foreign countries. State taxpayer funds should be used to create jobs in the United States and in California.

SEC. 2.

 Chapter 3.9 (commencing with Section 12147) is added to Part 2 of Division 2 of the Public Contract Code, to read:

CHAPTER  3.9. Offshoring University of California and California State University Contracts
12147.
 (a) Notwithstanding any other law, neither the University of California nor the California State University may contract for services with a contractor or subcontractor, where that contract displaces a career employee of the University of California or the California State University, unless that contractor or subcontractor certifies under penalty of perjury in his or her bid for that contract that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States.
(b) Notwithstanding any other law, neither the University of California nor the California State University may expend funds to train contract employees located in foreign countries or train contract employees who plan to relocate to a foreign country as part of the contract, if that contract displaces a career employee of the University of California or the California State University.
(c) The contract shall provide that, in the event a contractor or subcontractor performs the contract or the subcontract with workers outside the United States during the life of the contract, the contract shall be terminated for noncompliance, and the contractor or subcontractor shall forfeit penalties to the University of California or the California State University, as appropriate, in an amount equal to the amount paid by the university for the percentage of work that was performed with workers outside the United States, if that contract displaces a career employee of the University of California or the California State University.
(d) This chapter does not apply to a contract if refusing to award that contract, on the basis that the contractor or subcontractor does not certify under penalty of perjury that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States, would violate the specific terms of the Agreement on Government Procurement of the World Trade Organization or any other bilateral or regional free trade agreement that California has consented to.
(e) This chapter does not apply to contracts relating to study abroad programs conducted by the University of California or the California State University.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.