2004 - Table Tracking State and Federal Global Sourcing Legislation

State Legislation on Global Sourcing
Bill # and Summary of Legislation Chief Sponsors Legislative Action to Date and Prospects
New York – Assembly Bill No. 11862 (introduced June 18, 2004). Limits state development assistance if net reduction in jobs in business due to relocating work out of state.

Assemblyman Brodsky (D) Passed Assembly 6/22/04. In Senate.
California – A.J.R. No. 91 (introduced on June 15, 2004). A resolution encouraging the U.S. Congress to provide trade assistance for service workers.

Assembly Member Chan (D) Passed Assembly 74 to 2.
Massachusetts – House Bill No. 4850 (amended June 15, 2004). In Section 21 of longer bill it states, “The agency shall prepare a written statement that the services proposed to be the subject of the privatization contract shall not be provided by labor based or employed outside of the United States. No agency shall make a privatization contract and no such contract shall be valid if the services provided are from labor based or employed outside the United States.”

Sen. Hart (D) Amended bill 6/15/04. Passed legislature. Section 21 was part of Governor’s veto on 6/25/04.
New Jersey – A.R. No. 184 (introduced June 3, 2004) motion to design a commission to examine the loss of state jobs through outsourcing and off-shoring.

Assemblyman Drew (D) Referred to Assembly Labor Committee 6/03/2004.
Delaware – Senate Bill No. 291 (introduced May 13, 2004). The bill “would require bidders for State work to fully disclose whether any of the work subject to bid is to be undertaken outside of the United States.” Also, “In evaluating bids and determining the lowest responsive bidder pursuant to this section, the agency awarding the bid shall apply a fifteen percent (15%) price preference in favor of services that are to be performed within the United States.”

Sen. Marshall (D) Referred to Small Business Subcommittee. Passed by Senate 14-1 6/24/04. Assigned to Labor Committee in House on 6/29/04.
North Carolina – House Bill No. 1414 (introduced May 11, 2004). An appropriations bill that states, “If the Secretary of Administration or a State agency cannot give preference to North Carolina products or services as
provided in G.S. 143-59, the Secretary or State agency shall give preference, as far as may be practicable and to the extent permitted by State law, federal law, and federal treaty, to products or services manufactured or produced in the United
States. Provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided further, that preference in all cases shall be given to surplus products or articles produced and manufactured by other State departments, institutions, or agencies which are available for distribution."

Rep. Sherrill (R) Signed by Governor 7/21/04.
New Jersey – Senate Bill No. 1452 (introduced April 29, 2004). Redesignates the Department of Labor to Department of Labor and Workforce Development after reorganizing the State’s workforce development system and states the following: “If an employer receiving a grant for customized training services pursuant to this section relocates or outsources any or all of the jobs out of the State for which the customized training services were provided under the grant within three years following the end date of the customized contract, the employer shall, if all of the jobs are relocated or outsourced, return all of the moneys provided to the employer by the State for customized training services, or, if only a portion of the jobs are relocated or outsourced, return a part of the moneys, deemed by the commissioner to be appropriate and proportional to the portion of the jobs relocated or outsourced, and the returned amount shall be deposited into the Workforce Development Partnership Fund.”

Sen. Bryant (D) Passed Both Houses, Assembly (78-0-0) 6/17/2004.
Colorado – House Bill No. 1373 (introduced April 24, 2004). Allows state contract work to be done overseas if a department meets certain conditions, including that it not result in a reduction in the quality of services, the contractor discloses that part of the work will be down outside the U.S., and safeguards for non-medical and medical data (under HIPPA) are maintained.

Rep. Marshall (D) Bill passed House and Senate and sent to Governor on May 5, 2004. Bill signed by Governor 6/04/2004.
Tennessee – Senate Bill No. 2344 (amended April 19, 2004). Requires the commissioner of finance and administration to authorize, through regulation, “a preference in the evaluation of proposals for state contracts requiring the performance of data entry and/or call center services for vendors for whom such services will be solely provided by citizens of the United States who reside within the United States.” (Note: The companion bill is House Bill No. 2334.

Sen. Kyle (D) and Rep. Bowers (D)
Passed the Senate 29-1 on 4/19/04 and passed the House 96-0 on 4/26/04. Signed by Governor 5/10/04.
Ohio – Senate Bill No. 228 (introduced April 15, 2004). “To require that contracts with the state specify that labor or services are to be performed within the United States; to require a person performing a contract certify compliance with this requirement and that any supplies to be provided pursuant to the contract will be provided from a location within the United States; and to prohibit awarding contracts with the state or giving state financial assistance, including tax incentives, loans, loan guarantees, or grants, for five years to employers that have had a net loss of jobs due to the relocation of jobs from Ohio to locations outside the United States.”

Sen. Zurz (D)
 
Florida – Senate Bill No. 2932 (introduced April 13, 2004). Amendment to appropriations bill requires state agencies monthly to list outsourcing contracts and information related to those contracts.

Sen. Bennett (R)
In Committee on Governmental Oversight and Productivity.
Alabama – House Bill No. 769 (introduced April 13, 2004). Prohibits work on state contracts being performed outside United States.

Rep. Layson (D)
Referred to State Government Committee.
Maryland – House Bill No. 183 (passed House and Senate as amended April 11, 2004). The amended version of the bill, in part, states: “In awarding a procurement contract for services, a unit may consider whether a contractor or subcontractor will render the services, in whole or in part, from a site that is outside the United States.”

Del. Menes (D)
After amendment, bill passed House on third reading 125-16 on 3/18/04. Bill passed Senate on third reading 41-3 on 4/11/04. Bill vetoed by Governor 5/25/04.
Ohio – House Bill No. 459 (introduced April 8, 2004). The bill includes a ban on state contract work from being done overseas, 60 days notice if a job will be lost due to overseas outsourcing, and prohibits transferring personal data overseas without written consent.

Rep. Trakas (R)
Referred to Commerce and Labor Committee.
Alabama – Senate Joint Resolution 63 (introduced April 8, 2004). A resolution that encourages state and local entities to use Alabama-based professional services. Does not restrict or place mandates on procurement decisions.

Senator Waggoner (R)
Became public law 2004-234.
Ohio – House Bill No. 459 (introduced April 8, 2004). Prohibits state contract work being performed outside of the U.S., prohibits sending of data overseas without consumer consent, requires call centers operators (and others) to identify location, prevents companies that outsource overseas from receiving state developmental assistance, and requires 60 days advance notification of outsourcing that results in job loss.

Rep. Trakas (R)
Referred to Committee on Rules and Reference.
Alabama – Senate Bill No. 484 (introduced April 6, 2004). Requires call center operations to disclose location.

Senator Smitherman (D)
Referred to Committee on Commerce, Transportation, and Utilities.
Louisiana – House Bill No. 380 (introduced March 29, 2004). Only U.S. citizens or others authorized to work in the U.S. eligible to work on state contracts.

Rep. Smith
Referred to Committee on Appropriations.
Louisiana – House Bill 1344 (introduced March 29, 2004). Requires certain contracts to be performed only in the U.S.

Rep. Alario (D)
Referred to Committee on Appropriations.
Louisiana – Senate Bill No. 681 (introduced March 29, 2004). Does not allow the processing of health claims to be done outside the U.S.

Sen. Cravins (D)
Referred to Committee on Insurance.
Tennessee – Senate Bill No. 3492 (introduced March 29, 2004). Places restrictions on call centers and the sending of data overseas.

Sen. Dixon (D)
Referred to Senate Commerce, Labor and Agriculture Committee.
New York – Assembly Bill No. 10347 (introduced March 25, 2004). Prohibits state contract work from being performed overseas.

Assembly Member DelMonte (D)
Referred to Government Operations Committee.
Louisiana – Senate Bill No. 676 (introduced March 23, 2004). Permits state agencies the right to reject lowest bid if received from a bidder “domiciled . . . outside the United States.”
Sen. Cravins (D) Passed Senate 5/13/04.
Kansas – Senate Bill No. 538 (March 22, 2004 amendment). This amendment to an appropriations bill would prohibit state contract work from being performed offshore.

Senate Ways and Means Committee
Passed Senate (3/25/04) and referred to House.
Alabama – House Bill No. 670 (introduced March 18, 2004). Requires notification of location for foreign-based call operators.

Rep. Hurst (D) Referred to Judiciary Committee.
Michigan – Senate Bill No. 1109 (introduced March 18, 2004.) Restricts state contract work to U.S. citizens or others authorized to be employed in the United States.

Sen. Barcia (D)
Referred to Senate Commerce and Labor Committee.
Alabama – House Bill No. 337 (introduced March 18, 2004). Request Director of Finance to provide information on outsourcing of state contracts.

Rep. Hurst (D)
Referred to Rules Committee and passed on voice vote (3/30/04).
Wisconsin – Senate Bill No. 538 (introduced March 9, 2004). Requires call center operators to identify location at start of a call.

Sen. Hansen (D)
Referred to Committee on Labor, Small Business Development and Consumer Affairs.
Connecticut – Senate Bill No. 602 (introduced March 9, 2004). Companies that receive tax credits required to report numbers of jobs created and eliminated.

Joint Committee on Finance, Revenue and Bonding
Referred to Joint Committee on Finance, Revenue and Bonding.
Connecticut – Senate Bill No. 5660 (introduced March 9, 2004). “This bill disqualifies businesses from receiving economic development grants and loans for seven years if they laid off employees and then transferred the work they did to a facility outside the United States. This disqualification applies if a business had net loss of 100 or more employees during the previous year because it transferred 100 or more jobs to a facility outside the United States.” The bill also includes a ban on state contract work overseas and requires notification of caller’s location upon request.

Sen. Prague (D)
Finance, Revenue and Bonding Committee passed Joint Favorable Substitute 29-15. Bill tabled for calendar in the House 4/13/04. Passed House 4/27/04. Legislature adjourned.
California – Assembly Bill No. 3069 (introduced March 8, 2004). Expresses intent of legislature to give preference to California companies on bids on state contracts.

Committee on Revenue and Taxation
Referred to Committee on Revenue and Taxation.
Pennsylvania – House Resolution 586 (introduced March 8, 2004). Directs “the Legislative Budget and Finance Committee to investigate the outsourcing of jobs occurring within” Pennsylvania, including state contracting.
Sturla (D), McGeehan (D), Veon (D), Barrar (R), Bebko-Jones (D), Belfanti (D), Bishop (D), Cawley (D), Corrigan (D), Costa (D), Crahalla (R), Daley (D), Deluca (D), Denlinger (R), Deweese (D), Fabrizio (D), Fairchild (R), George (D), Gergely (D), Goodman (D), Harhai (D), Herman (R), Kotik (D), Laughlin (D), Levdansky (D), Mann (D), McCall (D), McIlhattan (R), McNaughton (R), Millard (R), S. Miller (D), Pallone (D), Payne (R), Petrarca (D), Pickett (R), Sainato (D), Saylor (R), Scrimenti (D), Surra (D), Tangretti (D), Tigue (D), Walko (D), Weber (R), Wheatley (D), Wojnaroski (D) and Yudichak (D).
Referred to Budget and Finance Committee on March 8, 2004.
Connecticut – Senate Bill No. 579 (introduced March 4, 2004). Preference for Connecticut companies in state contracts.

Joint Committee on Government Administration and Elections
Referred to Joint Committee on Government Administration and Elections. Passed Senate 5/4/04. Legislature adjourned.
Connecticut – Senate Bill No. 577 (introduced March 4, 2004). Only U.S. citizens or others authorized to work in the U.S. eligible to work on state contracts.

Joint Committee on Government and Administration.
Hearing held on 3/4/04.
Kentucky – Senate Bill No. 278 (introduced March 3, 2004). Prohibits state contract work from being performed overseas.

Senator Jones (D)
Referred to Senate Committee on Economic Development, Tourism and Labor.
Rhode Island – Senate Bill No. 2943 (introduced March 2, 2004). The bill states, “The state shall not award a procurement contract for goods and services to be rendered or supplied by a vendor or contractor located outside the United States. Each vendor/contractor proposal to provide goods or services to the state, shall certify that services to be supplied shall be performed in the United States and shall have their origin in the United States.”

Sen. Daponte (D) Referred to Senate Finance Committee on 3/2/04.
New York Senate – Bill No. 6338 (introduced March 2, 2004). Directs the commissioner of labor to issue “a report on offshore outsourcing of information technology jobs.”

Sen. Velella (R) Passed Senate; delivered to Assembly; referred to Labor 6/16/2004. Substituted for A11613, passed Assembly 6/22/04, and returned to Senate.
Florida – House Bill No. 1533 (introduced March 2, 2004). Requires use of state residents in contracts over $50,000.

Rep. Smith (D)
Referred to House Judiciary and State Administration Committees
Rhode Island – Senate Bill No. 2943 (introduced March 2, 2004). Prohibits state purchases of goods and services from foreign sources.

Sen. DaPonte (D)
Referred to Senate Finance.
Iowa – House File No. 2400 (introduced March 1, 2004). Prohibits state contract work to be performed outside U.S.

Rep. Rants (R)
Referred to State Government Committee.
Kentucky – House Bill No. 640 (introduced February 27, 2004). Bans state contract work from being performed overseas.
Reps. Butler (R), Napier (R), Clark (D), Crenshaw (D), Embry, Jr. (R), Horlonder (D), Pullin (D), Siler (R), Thompson (D), and Wayne (D).
Referred to State Government Committee.
Minnesota – House File No. 2440 (introduced February 26, 2004). An “employer must give an employee 90-days' advance written notice of its intent to terminate the employee's job in Minnesota because the employer intends to shift the performance of the employee's job duties to someone working outside of the United States.” (Note: Companion bill is Senate File No. 2429.)
Rep. Rukavina (DFL)
Referred to Committee on Commerce, Jobs and Economic Development.
Connecticut – Senate Bill No. 501 (February 26, 2004). Preference to good and services produced in state and no services produced out of state in state contracts.

Rep. Urban (R)
Referred to Joint Commerce Committee. Public hearing on 3/04/04. Joint favorable substitute on 3/9/04.Passed the Senate as amended 29-7 on 5/5/04. Legislature adjourned.
California – Assembly Bill No. 3021 (introduced February 24, 2004). Bill “would require an employer to include in its wage and contribution reports information relating to the number of jobs the employer maintained in California, the United States, and worldwide during each reporting period.”

Committee on Labor and Employment
Referred to Committee on Labor and Employment. Passed Assembly 47 to 32 on 5/27/04. In Senate, referred to Committee on Labor and Industrial Relations 6/09/2004. Voted down in committee 3-4 on 6/23/04. Vetoed by Governor 9/30/04.
Connecticut – Senate Bill No. 430 (introduced February 24, 2004). Bans performing state contract work overseas.

Introduced by Labor and Public Employees Committee.
Public hearing 3/04. Referred to Joint Committee on Labor and Public Employees.
Connecticut – Senate Bill No. 400 (introduced February 23, 2004). Requires identification of location of operator upon request and prohibits sending personal or financial information overseas.

Joint Committee on General Law
Referred to Joint Committee on General Law.

Public hearing on 3/02/04.

Mississippi – House Bill No. 1293 (introduced February 23, 2004). Bans state contract work from being performed overseas. Gives exception if an alien has a specialty for which no American or legal alien can be found.

Rep. Dirk Dedeaux (D)
Referred to Appropriations Committee.
West Virginia – Senate Bill No. 703 (introduced February 23, 2004). Seven-year ban on companies receiving state contracts, grants, or industrial development bonds if net loss of 100 jobs due to outsourcing.

Sens. Bowman (D), Kessler (D), Chafin (D), Rowe (D), Caldwell (D), Fanning (D), Love (D), Hunter (D), Sprouse (R) and Weeks (R) .
Referred to Committee on Finance.
West Virginia – House Bill No. 4584 (introduced February 23, 2004). Identification upon request or location of call center operator and ban on state contracts overseas for telemarketing or telephone services.

Del. Caputo (D), Thompson (D), Tucker (D), Butcher (D), Walters (R), Williams (D), and Stemple (D).
Referred to Committee on the Judiciary.
Mississippi – House Bill No. 1535 (introduced February 23, 2004). Bans performing state contract work overseas.

Rep. Dedeaux (D).
Referred to House Appropriations Committee.
California – Assembly Bill No. 2715 (introduced February 20, 2004). Requires foreign call operator to disclose location at beginning of call.

Assembly Member Reyes (D) Passed Committee on Judiciary 9-2 on 5/10/04. Read in Senate Committee on Rules 5/27/2004. Referred to Committees on Business and Professions and Judiciary on 6/09/2004. Passed 4 to 2 and re-referred to committee on 6/23/04. Vetoed by Governor 9/30/04.
Connecticut – Senate Bill No. 395 (introduced February 20, 2004). Requires identification of location of operator upon request and prohibits sending personal or financial information overseas without express consent.

Committee on Labor and Public Employees
Referred to Committee on Labor and Public Employees. Public hearing on 3/04/04.
California – Assembly Bill No. 2919 (introduced February 20, 2004). Prohibits call center work on state contracts to be performed overseas. Requires "express written consent" for an individual's personal information to be sent to an overseas call center.

Assembly Member Ridley-Thomas (D).
California – Senate Bill No. 1453 (introduced February 20, 2004). Requires that “Any employer who outsources jobs that would result in the replacement of 20 or more workers in California shall, not less than 60 days before the employer enters into a contract with the contractor or subcontractor to perform the outsourced job functions, give written notice of the contract to the Employment Development Department and the employees based in California whose jobs would be affected by the outsourcing.”

Sen. Figueroa (D).
Referred to Senate Labor and Industrial Relations Committee. Passed Appropriations Committee 7-5 on 5/20/04. Passed Assembly 21-14 on 5/24/2004. Moved to Committees on Labor and Employment and Public Employees, Retirement and Social Security 6/10/2004. Passed committee with amendment 6 to2 on 6/22/04 and re-referred to Committee on Appropriations 6/22/04.
Minnesota – House File No. 2264 (introduced February 19, 2004). Requires state contractors to disclose location of work being performed on contracts.

Rep. Goodwin (DFL)
Referred to Governmental Operations and Veterans Affairs Policy Committee.
California – Senate Bill No. 1492 (introduced February 19, 2004). Intent of legislature to enact legislation to ensure that no work involved with information that is private or relates to homeland security is performed outside the United States.

Sen. Dunn (D)
Referred to Rules Committee. Passed Appropriations Committee 8 to 4 on 5/20/04. Amended, re-referred to Committee on Rules 6/10/2004. 8-0 vote in Committee on Judiciary and referred back to Committee on Judiciary 6/16/2004. Passed 8-3 with amendment 6/29/04 and re-referred to Committee on Appropriations.
California – Senate Bill No. 1452 (introduced February 19, 2004). Bans state contract work from being performed overseas.

Sen. Figueroa (D)
Referred to Senate Governmental Organization Committee. Reported from Government Organization Committee 4/20/04.
California – Senate Bill 1451 (introduced February 19, 2004). The amended version states: “The following shall apply to any person who receives protected information as part of a transaction that originated with an entity required to comply with a privacy law listed in subdivision (a) and who is not subject to any of those provisions:
(1) That person shall not share or otherwise disclose the information in a manner that would be prohibited by a privacy law as applicable to the party from whom the information is received.
(2) That person shall be liable in an action for civil damages under this section in the courts of this state, brought by a resident of this state who has been harmed by a violation of this subdivision, regardless of where the violation occurs. For purposes of this paragraph, that person shall be deemed to consent to jurisdiction in the courts of this state.”


Sen. Figuerora (D)
Referred to Rules Committee. Passed Judiciary Committee 4/27/04. Passed Banking, Commerce, and International Trade Committee 5/5/04. Failed passage in committee, but reconsideration granted 6/08/2004. With amendment passed Committee on Banking and Finance 10-0 on 6/22/04 and Committee on Judiciary 11-0 on 6/23/04. Vetoed by Governor 9/30/04.
California – Assembly Bill No. 2449 (introduced February 19, 2004). Would require preference in state procurement for contractors that perform information technology services in the United States.

Assembly Member Diaz (D)
Passed Assembly 44-30 on 5/26/04. Re-referred to Committee on Business and Professions on 6/16/2004.
Minnesota – Senate File No. 2116 (introduced February 19, 2004). Prohibits state contracts with foreign-based call centers. Prohibits sending personal or financial information overseas without express consent. Identical to House File 2273.

Sens. Sparks (DFL), Anderson (DFL), Metzen (DFL), Sams (DFL), and Sebaid (DFL).
Referred to Senate Commerce Committee.
Minnesota – House File No. 2273 (introduced February 19, 2004). Prohibits state contracts with foreign-based call centers. Prohibits sending personal or financial information overseas without express consent. Identical to Senate File 2116.

Rep. Atkins (DFL)
Rep. Atkins (DFL)
California – Assembly Bill No. 2163 (introduced February 18, 2004). Prohibits a health care institution from entering into a contract for the transcription of patient records with any person or entity that sends or permits the sending of these records for transcription outside the U.S. Requires patient consent to have transcription performed overseas.

Assemblyman Leslie (R)
Referred to Committee on Health.
Missouri – House Bill No. 1497 (introduced February 17, 2004). Prohibits state contracts for foreign-based call centers. Requires identification of call center operator’s location upon request and prohibits sending of personal data overseas without express written consent.

Rep. Pearce (R)
Referred to Communications, Energy, and Technology Committee.
Arizona – State Senate Bill No. 1080 (as amended February 13, 2004). Prohibits a health care institution from entering “into a contract for the transcription of patient records with any person or entity that sends or permits the sending of these records for transcription outside the U.S.”

Sen. Weiers (R)
Amendment passed both the Health and the Judiciary Committees (2/13/04).
Missouri – Senate Bill 1249 (introduced February 12, 2004). Codifies and expands an executive order to provide preference to Missouri businesses on state contracts.

Sen. Champion (R) Signed by Governor 6/25/04.
Missouri – House Bill No. 1474 (introduced February 12, 2004). Ban on state contract work being performed overseas.

Rep. Abel (D)
Referred to Job Creation and Economic Development Committee.
Alabama – Senate Bill No. 300 (introduced February 12, 2004). Ban on state contract work being performed overseas.

Sen. Butler (D)
Passed Senate 25-1. Awaiting House action.
Michigan – House Bill No. 5517 (introduced February 11, 2004). Requires state agencies to decide if the fact that potential contract work would be performed outside the state or country is “detrimental” to the state, its residents or economy.

Rep. Shulman (R)
Passed House (4/1/04).
Kansas – House Bill No. 2810 (introduced February 11, 2004). Identification upon request and location of call center operator and ban on state contracts overseas for telemarketing or telephone services. Prohibits sending personal data overseas with express written consent.

Rep. Swenson (R)
Referred to Commerce and Labor Committee.
Alabama – House Bill No. 358 (introduced February 10, 2004). Establishes the Alabama Job Development “to recruit, train, and facilitate employment for persons who are unemployed by promoting the creation and retention of jobs in the state.”

Rep. Hurst (D)
Passed House 4/29/04.

Mississippi – House Bill No. 885 (introduced February 10, 2004). Requires identification of location of call center operator at beginning of call to state resident.

Rep. Fleming (D)
Referred to House Public Utilities Committee.
Illinois – House Bill No. 6613 (introduced February 9, 2004). “Amends the Steel Products Procurement Act. Changes the short title to the "Domestic Products Procurement Act" and expands the scope of the Act to apply to all purchases or leases of commodities or manufactured goods by the State of Illinois from 2005 until 2010. Provides that, with specified exceptions, the State of Illinois shall purchase or lease only materials, commodities, or goods that are manufactured or supplied by companies whose products consist of a specified minimum level of U.S. or Canadian content. Amends the Illinois Procurement Code. Requires all goods purchased under the Code to be Illinois-made goods unless the cost of Illinois-made goods exceeds the cost of other goods by 10% or more. Requires all goods purchased under the Code to be U.S.-made goods unless the cost of the U.S.-made goods exceeds the cost of other goods by 10% or more.

Rep. Hoffman (D)
Referred to Rules Committee.
Illinois – House Bill No. 6983 (introduced February 9, 2004). As amended, “Each purchasing agency making purchases of manufactured articles, materials, and supplies shall promote the purchase of and give preference to manufactured articles, materials, and supplies that have been manufactured in the United States.”

Rep. May (D)
Passed House 116-0. Awaiting Senate action.
Illinois – House Bill No. 6571 (introduced February 6, 2004). Requires foreign call center operators to disclose location and prohibits receiving personal information without first receiving affirmative consent from caller or person e-mailing.
Rep. McKeon (D) Referred to Rules Committee.
Minnesota – Senate File No. 1792 (introduced February 5, 2004). Prohibits professional or technical services contracts for the state to be performed overseas.

Sen. Bakk (DFL)
Referred to Senate State and Local Government Operations Committee.
Georgia – House Bill No. 1357 (introduced February 5, 2004). Prohibits use of foreign-based call center operations for state contracts.

Reps. Noel (D), Wilkinson (D), Thompson (D), Skipper (D), Day (R), and Howell (D).
Referred to State Institutions and Property Committee.
Georgia – Senate Bill No. 473 (introduced February 5, 2004). Prohibits state contract work from being performed overseas.

Sens. Henson (D), Tate (D), and Stokes (D).
Adjourned, bill died.
New York – Senate Bill No. 6079 (introduced February 5, 2004). Requires state public utilities to use call centers within the state. Identical to Assembly Bill No. 201.

Sens. Velella (R) and Volker (R).
Referred Energy and Telecommunications Committee.
Hawaii – House Bill No. 1922 (introduced February 5, 2004). Requires identification of location of operator upon request and prohibits sending personal or financial information overseas. Prohibits state contracts with foreign-based calls centers.

Rep. Takumi (D)
Referred to Consumer Protection and Commerce Committee.
Washington – House Bill No. 3187 (introduced February 5, 2004). Prohibits state contract work from being performed overseas.

Rep. Romero (D), Hudgins (D), Conway (D), Hunt (D), McDermott (D), Morell (D), and Chase (D).
Referred to Commerce and Labor Committee. Passed to Rules for second reading.
Washington – House Bill No. 3186 (introduced February 4, 2004). Prohibits use of foreign-based call center operations for state contracts and requires call centers to identify location upon request, as well as prohibit sending personal data without express permission of consumer.

Rep. Hudgins (D).
Referred to Commerce and Labor Committee. Passed to Rules for second reading.
Maryland – Senate Bill No. 362 (introduced February 4, 2004. Prohibits work from being done overseas on state contracts. Sen. Pinsky (D), Britt (D), Della (D), Frosh (D), Grosfeld (D), Hughes (D), Kelley (D), and Stone (D).

Referred to Committee on Education, Health, and Environmental Affairs. Hearing on February 26, 2004.
Minnesota – Bill No. 1816 (introduced February 4, 2004). Requires that state agency contracts for services be performed by U.S. citizens or by individuals authorized to work in the U.S. Reps. Huntley (DFL), Goodwin (DFL), Dorn (DFL), Anderson, I. (DFL), Lieder (DFL), Paymar (DFL), Lesch (DFL), Hilty (DFL), Clark (DFL), Dill (DFL), Murphy (DFL), Otremba (DFL), Sieben (DFL), Juhnke (DFL), Rukavina (DFL), Koenen (DFL), Greiling (DFL), Sertich (DFL), Davnie (DFL), and Hausman (DFL).

No legislative action to date.
Vermont – House Bill No. 702 (introduced February 3, 2004). Prohibits state contract work from being performed overseas.

Rep. Tracy (D)
Referred to Government Operations Committee.
Illinois – House Bill No. 4550 (introduced February 3, 2004). Requires state contractors to certify work will only be done by individuals authorized to work in the U.S.

Rep. McKeon (D)
Referred to House Committee on Rules.
Illinois – Senate Bill No. 2375 (introduced February 3, 2004.) Requires disclosure in bid if state contract work will be done outside the United States. “A procurement officer may consider such disclosure in awarding the contract or evaluating the bid or offer, provided that such consideration is not inconsistent with any obligation under any international agreement to which the State of Illinois is a party.”

Sen. Ronen (D), Obama (D), Althoff (R), Collins (D), and Hunter (D). Referred to State Government Committee. Passed second reading in committee 2/20/04. Passed Senate 3/25/04.
Illinois – House Bill No. 4362 (introduced February 3, 2004). Requires that contractors for the state performing information technology contracts certify that only individuals eligible to work in the U.S. will perform services.

Rep. Franks (D)
Referred to State Government Administration Committee. Tabled by sponsor on 2/24/04.
Iowa – Senate File No. 2063 (introduced February 2, 2004). Prohibits state contract work from being performed overseas.

Sen. Daryl Beall (D)
Referred to State Government Committee.
Idaho – House Bill No. 598 (introduced February 2, 2004). Employment preference in state contracts for residents.

State Affairs Committee.
Referred to House State Affairs Committee.
Arizona – House Bill No. 2581 (introduced January 30, 2004). Requires identification of location of operator upon request and prohibits sending personal or financial information overseas without express consent. Foreign-based call centers prohibited from state contracts.

Rep. Loredo (D)
Referred to Rules Committee.
Georgia – House Bill No. 1281 (introduced January 30, 2004). Bill would ban state government contract work from being performed overseas.

Rep. Thompson (D), Howell (D), Moraikakis (D), Crawford (R), Noel (D), and Mitchell (D).
Adjourned, bill died.
New Mexico – Senate Bill 416 (introduced January 30, 2004). Bill limits working on state agency contracts to U.S. citizens and those authorized to work in the United States. Sen. Aragon (D) Referred to Corporations and Transporation Committee. A Fiscal Impact Report by the state legislature concluded that there are 15 foreign contractors doing business with New Mexico agencies, including the Tourism Department and the State Investment Council and that the proposed ban “would have a significant impact on these agencies and impede them from performing their respective missions.” The analysis states that without contracts with foreign companies “the Investment Council would be very limited in how they could invest in other countries.” The Department of Economic Development has contractors in Mexico, Taiwan, and Israel, which “helps expedite New Mexico interests to these countries.” Passed committee but failed to pass Senate floor on 2/12/04.

California – Assembly Bill No. 1845 (introduced January 29, 2004). Prohibits state contract work from being performed overseas.

Assemblyman Lowenthal (D)
Referred to Business and Professions Committee.
Colorado – Assembly Bill No. 1289 (introduced January 29, 2004). Call center operators must provide notice of location if initiated call and written consent required prior to sending a consumers’ personal information overseas.

Rep. Butcher (D)
Referred to Committee on Information and Technology.
Vermont – House Bill No. 647 (introduced January 29, 2004). No state contracts with foreign-based call centers.

Reps. Hingtgen (D) and Sweaney (D).
Referred to Government Operations Committee.
New York – Assembly Bill No. 9567 (introduced January 28, 2004). Prohibits outsourcing of jobs when company receives “developmental assistance.” Text is identical to S. 6040. Members of Assembly Brodsky (D), Koon (D), Tokasz (D), Colton (D), Norman (D), Bradley (D), Glick (D), Benjamin (D), Robinson (D), Tocci (D), Cahill (D), Christensen (D), M. Cohen (D), L. Diaz (D), Greene (D), Grodenchik (D), Heastie (D), Magee (D), O`Donnell (D), Pheffer (D), Seminerio (D), Sweeney (D), and Weisenberg (D).

Referred to the Committee on Economic Development, Job Creation, Commerce and Industry.
Georgia – House Bill No. 1218 (introduced January 27, 2004). Call center operators must provide notice of location within 30 seconds of call.

Rep. Borders (D)
Referred to Public Utilities & Telecommunications Committee.
Colorado – Senate Bill No. 170 (introduced January 27, 2004). Prohibit state contract work from being performed overseas.
Sen. Hanna (D)
Referred to Senate State Veterans and Military Affairs Committee. By 4 to 3, the committee voted to postpone action indefinitely on the bill.
Colorado – Senate Bill No. 169 (introduced January 27, 2004). Prohibits for a 7-year period companies from receiving state contracts, grants, loans or state and local industrial bonds if they have had “a net loss of one hundred or more employees in the state during the prior calendar year and such loss was caused by the relocation of one hundred or more jobs from Colorado to a site that is located outside the United States.”

Sen. Phillips (D)
Referred to Senate State Veterans and Military Affairs Committee. Vote of 3 to 3 not to move bill, which postpones action indefinitely.
Tennessee – Senate Bill No. 2822 (introduced January 22, 2004). Prohibits state contract work from being performed overseas as well as state contracts with companies headquartered outside the U.S.

Sen. Burchett (R)
Assigned to State and Local Government Committee.
Tennessee – House Bill No. 2334 (introduced January 22, 2004). Prohibits work from being done overseas on state contracts. Text identical to SB 2344

Rep. Bowers (D) Referred to House State and Local Government Committee.
Tennessee – Senate Bill No. 2344 (introduced January 22, 2004). Prohibits work from being done overseas on state contracts. Text identical to HB 2344.

Sen. Kyle (D) and Kilby (D). Referred to Senate State and Local Government Committee.
South Dakota – House Bill 1116 (introduced January 21, 2004). No state agency may “enter into any contract for the purchase of services unless the contract provides that only citizens of the United States and persons authorized to work in the United States” shall work on the contract or subcontract. In addition, “No such contract may be awarded for services to be rendered by a contractor or subcontractor from a site that is outside the United States.”

Reps. Elliott (D), Begalka (R), Fryslie (R), Gassman (D), Hennies (D), Hundstad (D), Novstrup (R), and Sigdestad (D) and Senators Dennert (D) and Nachtigal (D). Referred to House State Affairs Committee. Hearing on 1/28/04.
Tennessee – House Bill 2340 “Consumer Right to Know Act” (introduced January 21, 2004). Any person who receives or places a call to a customer call or service center “upon request, has the right to know” the location, employee and employer name, and to speak with a “qualified employee of the company or government agency the person is doing business with. In addition, “express written permission” is required for an employee at a call center to have the “person’s financial, credit, or identifying information sent to any foreign country.”

Rep. Bowers (D) Referred to Committee on Commerce.
Nebraska – Legislative Bill 1223 (introduced January 21, 2004). State agencies may not award a contract if the work will be done outside of the U.S. “unless refusing to award a particular contract would violate the specific terms to which the State of Nebraska consented under the Agreement on Government Procurement of the World Trade Organization.” In addition, contractors and subcontractors must certify work will be performed in the U.S. and pay damages if work is shifted outside of the U.S. during the term of the contract.

Sen. Thompson (D) Referred to Government, Military and Veterans Affairs Committee. Hearing on 2/12/04.
Indiana – House Bill No. 1381 (introduced January 20, 2004). Prohibits state contract work from being performed overseas.

Reps. Stevenson (D), Fry (D), and Ayres (R).
Referred to Committee on Appointments and Claims.
New York – Senate Bill No. 6040 (introduced January 20, 2004). The bill provides a “Prohibition against outsourcing jobs when receiving state aid. Outsourcing jobs is prohibited by any corporation, business, limited liability company, or corporate parent that receives developmental assistance. If a corporation, business, limited liability company, or corporate parent outsources jobs, such entity shall return such developmental assistance to the state.” Developmental assistance is defined as “any form of public assistance, including tax expenditures, made for the purpose of stimulating economic development.” "Outsourcing jobs" is defined as “to relocate or move employment, jobs, or positions from the state of New York to an outside locality.”

Sen. Spano (R). Referred to Committee on Corporations, Authorities and Commissions.
Washington – House Bill No. 2762 (introduced 1/20/04). Relates to any business that receives “state tax preferences.” A state tax preference “means an exemption, exclusion, or deduction from the base of a state tax, a credit against a state tax, a deferral of a state tax, or a preferential state tax rate.” In order to quality for “tax preferences,” as defined, “There must be a net creation of full-time permanent jobs in Washington state within two years,” “new jobs created will pay no less than the prevailing wage for that industry or country average wage,” must provide health insurance, can only install new plant or equipment through “local hire agreements, pay the prevailing wage rate, and be covered by project labor agreements.” Businesses must submit annually the need for tax preference, net new jobs annually, wage rates, benefits and “businesses’ employment level in states other than Washington and their employment level outsourced to other countries.”

Reps. Santos (D), Kagi (D), Conway (D), Moeller (D), Hunt (D), Cody (D), Hudgins (D), Simpson, G. (D), Kirby (D), Chase (D), Darneille (D), and Morrell (D). Referred to Committee on Finance.
Washington – House Bill No. 2768 (introduced January 20, 2004). Requires that state contract and subcontract work for higher education, and other departments, including transportation and corrections, “must be performed by citizens of the United States or persons authorized by federal law to work in the United States.”

Reps. Hudgins (D), Romero (D), Simpson, G. (D), Moeller (D), Chase (D), Rockefeller (D), Conway (D), and Kagi (D).
Referred to Committee on Commerce and Labor.
California – AB 1829 (introduced January 20, 2004). “A state agency may not contract for services with a contractor or subcontractor unless that contractor or subcontractor certifies under penalty of perjury in his or her bid for the contact that the contract, and any subcontract performed under that contract, will be performed solely with workers within the United States.”

Assembly Member Liu (D)
Referred to Committee on Business and Professions. Passed Committee on Labor and Employment 6-2 with amendment on 4/22/04. Passed Appropriations Committee 13 to 5 on 5/20/04. Passed Assembly 46-32 on 5/27/04. In Senate, read, amended and re-referred to Committee on Governmental Organization. Passed committee 7 to 4 on 6/22/04 and re-referred to Committee on Appropriations. Vetoed by Governor 9/30/04.
Kansas – House Bill No. 2524 (introduced January 15, 2004). Prohibits awarding a contract to a contractor “who performs the work contracted for at a site outside the United States.” Contractor or subcontractor liable for damages if worked shifts outside of U.S.

Reps. Swenson (R) and Barbieri-Lightner (R). Referred to Commerce and Labor Committee. Hearing on 1/29/04.
Mississippi – House Bill No. 464 (introduced January 15, 2004). “No state contract shall be awarded to a contractor that has persons who are not American citizens or legal aliens who will work under the state contract. However, a state contract may be awarded to a contractor that has persons who will work under the state contract who have some specialty for which American citizens or legal aliens cannot be found. Every public officer, contractor, superintendent, or agent engaged in or in charge of the construction of any state building or public work of any kind for the State of Mississippi shall employ only workmen and laborers who are American citizens or legal aliens or who have some specialty for which American citizens or legal aliens cannot be found.”

Rep. Janus (R) Referred to Committee on Appropriations.
Indiana – House Bill No. 1275 (introduced January 15, 2004). Only U.S. citizens or individuals authorized to work in the U.S. can work on state contracts or subcontracts. Also, provides “a price preference of ten percent (10%) for supplies or services purchased from an Indiana business.”

Rep. Dvorak (D) Referred to Committee on Appointments and Claims.
Virginia – House Bill No. 1010 (prefiled January 14, 2004). “No public body shall enter into any contract for professional services unless the contract provides that only citizens of the United States, legal resident aliens, and individuals with a valid visa will perform the services under the contract or any subcontract of that contract.”

Del. Rust (R) Referred to Committee on General Laws. On 2/03/04, by a vote of 22-0, the committee “Continued to 2005 in General Laws.”
Wisconsin – Senate Bill 389 (introduced January 14, 2004). Executive branch agencies “may purchase contractual services only if those services are performed within the United States.” Sens. Robson (D), Carpenter (D), Chvala (D), Hansen (D), Lassa (D) and Wirch (D). Reps. Pocan (D), Berceau (D), Black (D), Boyle (D), Freese (R), J. Lehman (D), Miller (D), Plouff (D), Richards (D), Schneider (D), Sinicki (D), Staskunas (D), Taylor (D), Turner (D), Van Akkeren (D), and Zepnick (D).

Referred to Committee on Homeland Security, Veterans and Military Affairs and Government Reform.
Washington – House Bill 2405 (introduced January 14, 2004). Requires that all work under personal service, purchased service, and civil service contracts or subcontracts with a state agency “must be performed by citizens of the United States or persons authorized by federal law to work in the United States.” Reps. Romero (D), Hudgins (D), Haigh (D), Conway (D), Cooper (D), Chase (D), Ormsby (D), Upthegrove (D), Simpson, G. (D), Hunt (D), Cody (D), Darneille (D), Campbell (R), Kenney (D), Dunshee (D), Wood (D), Nixon (R), Moeller (D), Morrell (D), Rockefeller (D), Clibborn (D), Kagi (D), Lantz (D) and Schual-Berke (D).

Referred to Committee on Commerce and Labor. Hearing on 1/26/04.
Indiana – House Bill No. 1080 (introduced January 13, 2004). Provides price preferences between 1 and 5% for Indiana companies in the awarding of state contracts.

Rep. Mays (D), Dvorak (D), Espich (R), and Kuzman (D). Signed into law by Governor on 3/17/04.
New Jersey – Assembly Bill No. 840 (introduced January 13, 2004). Within 30 seconds of receiving a call from a New Jersey resident, a call center employee shall provide name, employer, and location. Also applies to an e-mail from a New Jersey resident.

Assemblywomen Greenstein (D), Cruz-Perez (D), and Weinberg (D) and Assemblymen Diegnan (D), Egan (D), Impreveduto (D), Johnson (D), Scalera (D), and R. Smith (D). Referred to Assembly State Government Committee.
New Jersey – Senate Bill No. 370 (introduced January 13, 2004). Within 30 seconds of receiving a call from a New Jersey resident, a call center employee shall provide name, employer, and location. Also applies to an e-mail from a New Jersey resident. In addition, “An employee at an inbound call center operating in a foreign country shall not solicit any personal information, whether by telephone or by an electronic mail message, unless the employee first informs the caller that disclosing that information to the employee is optional, and receives the affirmative consent of the caller to whom the information relates. In the case of such communication by telephone, an audio recording of that telephone call shall be made and retained.”

Sens. Turner (D), Bucco (R), B. Smith (D), Allen (R), and Baer (D). Referred to Senate Commerce Committee.
Indiana – House Bill No. 1101 (introduced January 13, 2004. Prohibition on state contracts for work performed outside the U.S. Companion to Senate Bill 4.

Rep. Harris (D) Referred to Committee on Appointments and Claims.
New Jersey – Senate Bill No. 494 (introduced January 13, 2004). Bans work on state contracts to be performed overseas. Identical text for A2133.
Sens. Turner (D), Coniglio (D), Palaia (R), Allen (R), and Gill (D). In Assembly sponsors of A2133 are Assemblymen Gusciora (D) and Manzo (D).
Referred to Senate State Government Committee. Reported from committee with amendments and referred to Senate Budget and Appropriations Committee 2/24/04. Passed by the Senate (29-5); Received in Assembly and referred to Assembly State Government Committee 6/17/2004.
Missouri – Senate Bill No. 1129 (introduced January 12, 2004). Prohibits state contract work for telemarketing services being performed overseas and forbids telemarketers from sending personal information abroad.
Sen. Bray (D)
Referred to Committee on Financial, Governmental Organization, Veterans Affairs, and Elections.
Missouri – Senate Bill 1029 (introduced January 12, 2004). “The state shall not award a contract to a contractor or subcontractor who performs the contracted work at a site outside the United States.”

Senators Bray (D), Days (D), and Dougherty (D). Referred to Committee on Finance.
Virginia – Senate Bill 151 (prefiled 1/12/04). Provides preference in procurement to U.S. based firms or corporations so long as “not more than 20 percent greater than the bid price of the low responsive and responsible foreign-based firm or corporation.” Companion to House Bill 243.

Senator Deeds (D) Referred to Committee on General Laws.
Virginia – House Bill 315 (prefiled January 9, 2004). Provides a 3 percent preference to any person with facilities in Virginia in awarding contracts over $500,000.

Del. Cosgrove (R) Referred to Committee on General Laws.
Washington – House Bill 2351 (prefiled January 9, 2004). At the request of a party using telephonic or electronic communications, an employee at a “contact center” must identify his or her name, employer, location, phone number, and “if the contact center is located in a foreign country, the party may request that a telephonic communication be rerouted to a contact center located in the United States. The contact center must comply with any such request.” In addition, the bill states, “An employee at a contact center operating in a foreign country may not solicit any personal information, whether using telephonic or electronic communications, unless the employee first informs the party that disclosing that information to the employee is optional and receives the affirmative consent of the party to whom the information relates. If telephonic communications are used, the employee may not solicit any personal information unless he or she also informs the party that the contact center is located in a foreign country and that the party may request that the communication be rerouted to a contact center located in the United States.”

Reps. Hudgins (D), Romero (D), Hinkle (R), Conway (D), Sullivan (D), Hunt (D) and Morrell (D). Referred to Committee on Commerce & Labor on 1/12/2004.
New York – Assembly Bill No. 201 (prefiled January 8, 2004). Requires state public utilities to use call centers within the state. Identical to text of SB6079.

Rep. Cahill (D)
Referred to Corporations, Authorities and Commissions Committee.
Virginia – House Bill 243 (prefiled January 8, 2004). Provides preference in procurement to U.S. based firms or corporations so long as “not more than 20 percent greater than the bid price of the low responsive and responsible foreign-based firm or corporation.” Companion to Senate Bill 151.

Del. Nutter (R) Referred to Committee on General Laws.
Tennessee – House Bill No. 3235 (introduced January 5, 2004). Prohibits state contract work from being performed overseas as well as state contracts with companies headquartered outside the U.S. Identical to SB2822.

Rep. McKee (R)
Referred to State and Local Government Committee.
South Carolina — House bill 4434 (filed on December 3, 2003). Virtually identical legislative text to North Carolina Senate bill 991. Prohibits state government contracts for telemarketing or call service centers with any company that does not perform the work in the U.S. and only with individuals authorized to be employed in the U.S. Also requires a call center operator to disclose the employee’s location upon request and written permission for call center to send a person’s financial, credit or other information to a foreign country.

Reps. Wilkins (R), Vaughn (R), Taylor (R), Stille (R), Cotty (R), Altman (R), Viers (R), E.H. Pitts (R), Sandifer (R), Harvin (D), Walker (R), Leach (R), and Owens (R). Referred to Committee on Labor, Commerce, and Industry. Chief sponsor Rep. David H. Wilkins is the Speaker of the House, improving prospects for passage of the bill.
Missouri — Senate Bill 853 (prefiled on December 1, 2003). No state government contracts "where personal information regarding residents of the state who are not a party to the contract will be collected in performance of the contract, shall be made or maintained with any bidder who intends to or actually performs any part of the contract outside of the United States, either directly or indirectly through a subcontractor." Such personal information includes, but is not limited to, social security numbers, medical and financial information, date of birth and names of relatives.

Sen. Chuck Gross (R) Referred to Financial and Governmental Organization, Veterans’ Affairs & Elections Committee on 1/12/04. No legislative activity to date.
Indiana — Senate Bill 4 (introduced November 18, 2003). The bill would permit work in service contracts with the state to be performed only by U.S. citizens or individuals authorized to work in the United States. Sen. Jeff Drozda (R) Indiana Senate hearing held at which opposition from committee members aired. Indiana General Assembly’s Legislative Services Agency wrote of the bill: “To the extent that this provision could potentially diminish the pool of eligible service providers that can bid for state service contracts, state contracting costs could increase.” Bill passed State Senate 2/2/04 with minor amendment by 39-10 vote. Bill referred to the House. Bill amended significantly in House Committee on Appointments and Claims where state ban on overseas contract work was removed.


California – Assembly Bill No. 664 (introduced September 23, 2003). Requires disclosing information that is shared with affiliates or offices overseas.

Assemblyman Lou Correa (D) Passed Assembly 75 to 1 on 1/26/04. In Senate, referred to Judiciary Committee.
Michigan — House bill No. 4940 (introduced July 2, 2003). According to the bill Michigan state agencies should give preference to Michigan entities in procurement and prohibit all state agencies from entering “into a contract for the purchase of services . . . unless that contract provides that only citizens of the United States, legal resident aliens, and individuals with valid visas shall perform the services under that contract or any subcontract under that contract.”

Reps. Bieda (D), Law (D), Spade (D), Wojno (D), Lipsey (D), Gleason (D), Rocca (R). Plakas (D), Sak (D), Gieleghem (D), Elkins (D), Meisner (D), Gillard (D), Hardman (D), Stallworth (D), Clack (D), Zelenko (D), Anderson (D), Waters (D), Accavitti (R), Byrum (D), Smith (D), Steil (R), Adamini (D), Brown (D), Rivet (D), Murphy (D), Condino (D), Farrah (D), Minore (D), Farhat (R), Dennis (D), Woodward (D), Whitmer (D), Howell (R), Vagnozzi (D), Wenke (R), Jamnick (D), and Sheltrown (D). Bill referred to Committee on Government Operations; no legislative activity to date.
North Carolina — Senate bill 991, (introduced April 3, 2003). Prohibits state government contracts for telemarketing or call service centers with any company that does not perform the work in the U.S. and only with individuals authorized to be employed in the U.S. Also requires a call center operator to disclose the employee’s location upon request and written permission for a call center to send a person’s financial, credit or other information to a foreign country.


Senator Reeves (D)
Bill passed the N.C. Senate 49-0 with only clarifying amendments; bill awaiting House action.
California – Senate Bill No. 888 introduced 02/21/2003: Prohibits performance of any type of work relating to information essential to homeland security at a worksite outside of the U.S. except if expertise or materials “necessary to perform the work is not available in the U.S."

Sen. Dunn (D) Passed Senate 21-16 on 6/5/04. In Assembly, passed Committee on Labor and Employment (8-0 vote) and re-referred to Committee on Labor and Employment 6/16/2004. Passed committee 6 to 2 on 6/29/04 and re-referred to Committee on Appropriations. Vetoed by Governor 9/30/04.
California – Assembly Bill No. 990 (introduced February 20, 2003). The bill states that “a) To the maximum extent feasible and allowable under law, and where responsibility, quality, and cost are equal, contracts and subcontracts for commodities, supplies, technology, property,
and services shall be awarded by all public entities to business enterprises that employ California workers.
(b) To the maximum extent feasible and allowable under law, and where responsibility, quality, and cost are equal, business bidders that employ California workers shall have precedence over business bidders that do not employ California workers in the application of any bidder preference for which business bidders that do not employ California workers may be eligible.”


Assemblyman Ridley-Thomas (D)
Passed Assembly 80 to 0 on 6/4/03. In Senate, re-referred to Committee on Rules 6/15/2004.
Federal Legislation on Global Sourcing
Bill # and Summary of Legislation Chief Sponsors Legislative Action to Date and Prospects
S. 2094/H.R.3820, United States Workers Protection Act (S. 2094 introduced February 12, 2004 and H.R. 3820 introduced February 24, 2004). Prohibits federal contract work from being performed overseas unless the President deems a contract to be in the national security interest of the United States. Also prohibits state contract work from being performed overseas with money received from federal grants.

Sen. Dodd (D); Reps. DeLauro (D) and Dingell (D). S. 2094 was referred to Senate Committee on Government Affairs. H.R. 3820 was referred to House Committee on Government Reform.
S. 2090, Jobs for Americans Act (announced February 12, 2004). The bill, according to the released summary, “amends the Worker Adjustment and Retraining Notification (WARN) Act to require companies to disclose and report whenever they lay off workers to send jobs overseas. It would require that when a company plans to lay off 15 or more workers and send those jobs overseas, it must: • Inform affected workers, the Department of Labor, state agencies responsible for helping laid off employees, and local government officials; • Disclose how many jobs are affected, where the jobs are going, and why they are being offshored; and • Provide employees at least 3 months advance notice. • Requiring the Department of Labor to compile statistics of offshored jobs and report them on an annual basis to the Congress and the public; and • Clarifying that WARN Act protections apply to all cases where 50 or more workers are laid off.”

Sens. Daschle (D) and Kennedy (D). No legislative activity to date.
Sense of the Senate Resolution from Sen. Clinton (February 11, 2004). “It is the sense of the Senate that the Senate should - (1) oppose any efforts to encourage the outsourcing of American jobs overseas; and (2) adopt legislation providing for a manufacturing tax incentive to encourage job creation in the United States and oppose efforts to make it cheaper to send jobs overseas.”

Sen. Clinton (D) No action on amendment to date.
S.1873, Call Center Consumer’s Right to Know Act (introduced November 17, 2003). Would require employees at a call center who either initiate or receive telephone calls to disclose the physical location of such employees.

Sen. John Kerry (D-MA) Referred to the Committee on Commerce, Science, and Transportation. No legislative action to date.
HR.2989, Appropriations for the Departments of Transportation and Treasury, and independent agencies for FY 2004. Senate version of bill includes a Thomas-Voinovich amendment that states “An activity or function of an executive agency that is converted to contractor performance under Office of Management and Budget Circular A-76 may not be performed by the contractor at a location outside the United States except to the extent that such activity or function was previously been performed by Federal Government employees outside the United States.”

Sen. Craig Thomas (R-WY) and Sen. George Voinovich (R-OH). Thomas-Voinovich amendment passed 95-1; Senate version of H.R. 2989 passed on October 23, 2003. The measure became law as part of the appropriations bill H.R. 2673. On 1/23/2004 became Public Law No. 108-199.

HR.1588, National Defense Authorization Act. The House version (but not the Senate’s) contained provisions that would require commercial information technology and other DOD procurement to be under the Buy American Act; would increase reporting requirements, expand current domestic content minimum from 50% to 65%, and attempt industrial policy through authorizing a $100 million fund to fund new domestic industry or capacity.

Rep. Duncan Hunter (R-CA) During House-Senate conference, objectionable provisions related to “Buy American Act” and expanding the current domestic content minimum were removed.
S.1635, L-1 Visa Reform Act of 2003 (introduced September
17, 2003). More narrowly crafted legislation to clarify that individuals shall not be eligible for L-1 visas if “the alien will be controlled and supervised principally by an unaffiliated employer.”

Sen. Chambliss (R-GA) Bill referred to Senate Judiciary Committee. No legislative activity to date, however, Sen. Chambliss is the Chairman of the Senate Immigration Subcommittee, which makes the legislation more likely to move than other bills on this topic.
HR.3134, American Manufacturing Retention Act (introduced September 17, 2003.) The bill amends title 10 of the U.S. code and title III of the Federal Property and Administrative Services Act to require that any prospective contractor with U.S. government agencies “employ at least 50 percent of its employees in the United States.”

Reps. Walsh (R-NY), Jones (R-NC), Lipinski (D-IL), Gillmor (R-OH), Latourette (R-OH), Upton (R-MI), Quinn (R-NY), Goode (R-VA), Kaptur (D-OH), and Carson (D-OK). Bill referred to House Committee on Government Reform and House Committee on Armed Services; to date no legislative activity.
S.1452, and its companion bill HR.2849 (introduced July 21, 2003). Places a series of restrictive measures against employers using L (intracompany transfer) visas.

Sen. Dodd (D-CT) and Rep. Nancy Johnson (R-CT). Both bills referred to respective Judiciary Committees; no legislative activity to date.
HR.2702, (introduced July 10, 2003). Places a series of restrictive measures against employers using L (intracompany transfer) visas. Reps. DeLauro (R-CT), Shays (R-CT), Miller (D-CA), Tierney(D-MA), McGovern (D-MA), Sanders (I-VT), Owens (D-NY), Frank (DMA), and Green (D-TX).

Bill referred to House Judiciary Committee; no legislative activity to date.
HR.2410 , The Genuine American Flag Act (introduced June 10, 2003). Bill states after 6 months of enactment “no flag of the U.S.A. . . . that is the product or manufacture of any foreign country or instrumentality may be imported for sale.”

Rep. Strickland (D-OH) Bill referred to the House Committee on Ways and Means; to date no legislative activity.
HR.2154 , (introduced May 19, 2003). Requires all employers who petition for employees on L visas to file applications with the Secretary of Labor stating they will not place the employee with another employer where the individual’s duties are controlled by the 3rd party.

Rep. Mica (R-FL) Bill referred to House Judiciary Committee; no legislative activity to date.






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