State contracts and grants would require deportation transport attestations

State agencies would require people bidding for state contracts to submit an attestation. This applies to people or businesses seeking contracts from state agencies whose costs are paid wholly or partly from State Treasury funds. The attestation must say the bidder is not, and will not during the contract, under a federal agency agreement to transport people detained for deportation, unless the transportation follows a federal court order. Administrative court orders do not count. The bidder would submit the attestation with the bid or proposal.

State agencies would require grant recipients to sign an agreement before receiving grant money. This applies to recipients of state agency grants, except public bodies. Recipients must attest that they are not, and will not be, under a federal agency agreement to transport people detained for deportation, unless the transportation follows a federal court order. Administrative court orders do not count. If the agency finds the attestation false or later untrue, the recipient must repay the grant money. Recipients would make the attestation before receiving grant money.

State agencies could void contracts and would bar a contractor or potential contractor from agency contracts for three years after finding an attestation false or later untrue. The rules cover state agency contracts and transportation subcontractors. Contracts must let the agency void the contract if the contractor's attestation is false or later becomes false. Contracts must require transportation subcontractors to give a similar attestation and let the agency void the contract if it finds the subcontractor's attestation false or later untrue. A transportation subcontract is one for services involving the transportation of people. The three-year bar would run from the agency's finding that an attestation is false or has become false.