§ 42498. — 42498. (Amended by Stats. 2005, Ch. 381, Sec. 10.)

California § 42498.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 3.: PART 3. STATE PROGRAMS
• Ch. 8.7.: CHAPTER 8.7. Cell Phone Recycling Act of 2004
• Art. 5.: ARTICLE 5. State Agency Procurement

Text

(a)
(1)
A state agency that purchases or leases cell phones shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subcontractors for the procurement, have complied with this chapter and any regulations adopted pursuant to this chapter, or to demonstrate that this chapter is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers, or subcontractors.
(2)
The certification requirement set forth in paragraph (1) does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases.
(b)
Failure to provide certification pursuant to this section shall render the prospective bidder and its agents, subsidiaries, partners, joint venturers, and subcontractors ineligible to bid on the procurement of cell phones.
(c)
The bid solicitation documents shall specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this chapter.
(d)
Any person awarded a contract by a state agency that is found to be in violation of this section is subject to the following sanctions:
(1)
The contract shall be voided by the state agency to which the equipment, materials, or supplies were provided.
(2)
The contractor is ineligible to bid on any state contract for a period of three years.
(3)
If the Attorney General establishes in the name of the people of the State of California that any money, property, or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit in the interest of justice.

Legislative History

Amended by Stats. 2005, Ch. 381, Sec. 10. Effective January 1, 2006. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.