Public contracts: state agency: sweatshop labor: slave and sweat free code of conduct.

Existing law requires every contract entered into by a state agency for the procurement of equipment, materials, supplies, apparel, garments, and accessories and the laundering thereof, excluding public works contracts, to require a contractor to certify that no equipment, materials, supplies, apparel, garments, or accessories provided under the contract are produced by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor, or exploitation of children in sweatshop labor. If a contractor knew or should have known the specified products furnished to the state were laundered or produced by the specified types of prohibited labor, the contractor may be removed from the bidder's list for 360 days. Existing law provides for misdemeanor liability in the case of a knowing false certification. Existing law requires the Department of Industrial Relations to establish a contractor responsibility program, on or before February 1, 2004, including a Sweat Free Code of Conduct. Existing law also requires the appropriate procurement agency, in consultation with the Director of Industrial Relations, to employ an approach to implement the Sweat Free Code of Conduct, as specified. Existing law requires the Department of Industrial Relations to explore mechanisms to ensure that businesses that contract with state agencies are in compliance with those provisions. This bill would rename the code of conduct as the Slave and Sweat Free Code of Conduct and would require every contract entered into by a state agency for the procurement of equipment, materials, supplies, apparel, garments, and accessories and the laundering thereof, excluding public works contracts, to require a contractor to certify that no equipment, materials, supplies, apparel, garments, or accessories provided under the contract are produced by abusive forms of labor performed by all persons, not only abusive forms of child labor, as prescribed. The bill would additionally extend the period that the contractor is removed from the bidder's list to 2 years, if the contractor knew or should have known the specified products were laundered or produced by the specified prohibited labor. This bill would require the Department of Industrial Relations to establish a contractor responsibility program on or before January 1, 2012, and would require specified actions by the Department of Industrial Relations and the Department of General Services with regard to the code of conduct. This bill would additionally require contractors whose manufacturing and assembly locations are outside the United States to comply with international laws or treaties binding on their countries and would require a subcontractor to sign a certification regarding the code of conduct under the penalty of perjury. By changing the definition of existing crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.