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REFERENCE TITLE: procurement services; outsourcing prohibited |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2635 |
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Introduced by Representatives Fleming, Campbell CH, Young Wright: Campbell CL, Heinz
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AN ACT
Amending title 41, chapter 23, Arizona Revised Statutes, by adding article 11; relating to the state procurement code.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 23, Arizona Revised Statutes, is amended by adding article 11, to read:
ARTICLE 11. OUTSOURCING OF JOBS
41-2651. Definition of development assistance
In this article, unless the context otherwise requires, "development assistance" means any form of public assistance, including tax expenditures, made for the purpose of stimulating economic development of a corporation, industry, geographic jurisdiction or any other sector of the state's economy, including industrial development bonds, training grants, loans, loan guarantees, enterprise zones, empowerment zones, tax increment financing, fee waivers, land price subsidies, infrastructure whose principal beneficiary is a single business or defined group of businesses at the time it is built or improved, matching funds, tax abatements and tax credits and tax discounts of every kind, including corporate franchise, personal income, sales and compensating use, raw materials, real property, job creation, individual investment, excise, utility, inventory, accelerated depreciation and research and development tax credits and discounts.
41-2652. Contracts where work performed outside of the United States prohibited; civil action
A. A state governmental unit shall not award a contract or development assistance to a vendor, bidder, contractor or subcontractor or an applicant for development assistance that performs the work at a site outside of the United States. This section does not supersede or replace an existing requirement in statute for development assistance programs.
B. Each vendor who submits a bid or contract to provide services and all development assistance applicants shall certify that the services covered by the bid, contract or development assistance will be performed in the United States.
C. If, during the life of the contract, the vendor, contractor, subcontractor or development assistance recipient shifts work that is funded under the contract overseas, the state governmental unit shall terminate the contract for noncompliance. In addition, the vendor, contractor, subcontractor or development assistance recipient shall incur penalties to the state governmental unit in an amount equal to the amount paid by the state governmental unit for the percentage of work that was performed with workers outside of the United States. Any contractor, subcontractor, vendor, bidder or development assistance recipient that violates this article is not entitled to receive any state contracts or development assistance for a period of five years after the date of determination of the violation.
D. A state governmental unit may bring a civil action in state or federal court to compel enforcement of this article. If the state governmental unit prevails in the civil action, The court shall award reasonable attorney fees and costs to the state governmental unit.