BP BHEAD INT S [atlas:bill]

AN ACT Relating to state purchasing contracts; adding a new section to chapter 43.19 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that it is not in the long-term best interest of the people of Washington to spend tax dollars on goods produced, whether international or domestic, in whole or part by forced labor, or indentured labor under penal sanction, or by exploiting child labor or using child labor in violation of the child labor laws of the country in which the product was made. The legislature therefore declares that state agencies and institutions of higher education shall not use tax dollars to purchase goods produced under the conditions specified in section 2 of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 43.19 RCW to read as follows:

(1) Each contract entered into on or after the effective date of this section by a state agency or institution of higher education for the purchase of materials, supplies, or equipment must specify that no materials, supplies, or equipment produced outside of the United States and furnished under the contract may be produced in whole or in part by forced labor, or indentured labor under penal sanction, or by exploiting child labor or using child labor in violation of the child labor laws of the country in which the product was made. A contractor who, when entering into the contract, knew or should have known that materials, supplies, or equipment would be furnished under the contract in violation of this subsection is subject to any or all of the following sanctions:

(a) At the option of the state agency or institution of higher education, the contract may be voided;

(b) The contractor may be assessed a penalty that is the greater of one thousand dollars or an amount equal to twenty percent of the value of the products furnished that were produced in whole or in part by forced labor, or indentured labor under penal sanction, or by exploiting child labor or using child labor in violation of the child labor laws of the country in which the product was made; or

(2)(a) The investigation of a complaint under this section shall be limited to evaluating the information provided by the person or entity submitting the complaint and the information provided by the contractor. If the agency or institution of higher education believes that a violation of this section has occurred, the contractor must be notified in writing of the violation and of the contractor's right to request a hearing within fifteen days of the date the notice is received by the contractor. If the contractor makes a timely request, a hearing under chapter 34.05 RCW must be held.

(b) The determination of a sanction must take into consideration the measures that the contractor took to ensure compliance with this section. Sanctions may be waived if the contractor acted in good faith. A contractor determined to have violated this section may be assessed the cost of the hearing.

(3) The department shall monitor, catalog, and publish a list of companies that are known to use forced labor, or indentured labor under penal sanction, or to exploit child labor or use child labor in violation of the laws of the country in which the product was made. The list must be made available to all agencies, institutions of higher education, and current and prospective contractors under this chapter.

(4) As used in this section:

(a) "Exploiting child labor" means using child labor in a way that could inflict physical or mental suffering or damage on the child, or denying a child his or her liberty or access to his or her family, or both.

(b) "Forced labor" means work or service that is exacted from a person under the menace of a penalty for its nonperformance and not performed voluntarily.