Bill No. CS/CS/CS/HB 1363
Amendment No. 713285
Senate House

1Representative Sands offered the following:
3     Amendment (with title amendment)
4     Between lines 2525 and 2526, insert:
5     Section 74.  (1)  Any entity that applies for a contract
6with the Department of Transportation or any other agency or
7instrumentality of the state or a local government for any rail
8project, including, but not limited to, the design, engineering,
9construction, manufacture, or operation of a rail network or any
10components thereof, that is either partially or fully publicly
11funded shall, in advance of submitting a formal bid to the
12agency, certify to the agency whether or not such entity had any
13direct involvement in the deportation of any individual to
14extermination camps, death camps, or any facility used for the
15purpose of transiting individuals to extermination or death
16camps during the period beginning on January 1, 1939, and ending
17on December 31, 1944.
18     (2)  If an entity certifies that it had any direct
19involvement described in subsection (1), the entity shall, in
20advance of submitting a formal bid to the agency, disclose to
21the agency or instrumentality of the state or local government
22the following:
23     (a)  Whether the entity has any records related to the
24deportations in its possession, custody, or control, as well as
25the specific locations where such records are maintained,
26including the full contents and addresses of any archives or any
27other locations where the entity maintains records.
28     1.  If an entity acknowledges that it has any such records,
29it shall provide a detailed index of such records by location,
30including, but not limited to, a list of moneys received for
31such deportations broken down by individual convoys and persons
32and a full accounting of every piece of property taken or
33confiscated in connection with the deportations.
34     2.  If the entity does not currently have in its custody or
35control any or all of the property taken or confiscated in
36connection with the deportations, the entity shall describe in
37detail the point in time and the manner in which the entity
38disposed of or converted the property, any property exchanged
39for the expropriated property currently owned or operated by the
40entity, any property presently owned or derived from the
41expropriated property, and any other derivative or traceable
42property remaining in the entity's possession, custody, or
43control as a result of such actions.
44     3.  If any records related to the deportation of
45individuals during the Holocaust have been made public, the
46entity shall confirm that the materials made available for
47public review constitute any and all such records, including,
48but not limited to, correspondence, receipts, invoices,
49presentations, audits, confiscated property, and any other
50relevant materials, regardless of the date created or attained.
51     (b)  Whether the entity itself has provided restitution or
52reparations to all identifiable victims of those deportations.
53If an entity represents that such restitution or reparations
54have been provided, the entity shall disclose in detail and
55provide a list of individuals and heirs and the amount of such
56restitution or reparations provided by such entity.
57     (3)  All of the disclosures described in subsection (2)
58shall be considered as a factor in the award of any and all rail
59contracts and grants.
60     (4)  As used in this section, the term:
61     (a)  "Direct involvement" means ownership or operation of
62the trains on which individuals were deported to extermination
63camps, death camps, or any facility used for the purpose of
64transiting individuals to extermination or death camps, during
65the period beginning on January 1, 1939, and ending on December
6631, 1944.
67     (b)  "Entity" means any corporation, affiliate, or other
68entity that controls, is controlled by or is under common
69control with, or is a member of a partnership or a consortium
70with an entity that certifies that it had any direct involvement
71described in paragraph (a). An entity is presumed to be in
72control of another corporation or entity if it directly or
73indirectly controls more than 50 percent of the voting
74securities of the other corporation or entity. The term applies
75irrespective of whether or not any equity interest in the entity
76is or was owned by a foreign government, and, if an equity
77interest in the entity is or was owned by a foreign government,
78the term refers to the corporate entity itself and not to the
79foreign government.
80     (c)  "Property" means any personal belongings owned or
81controlled by the victims of the deportations which may have
82been taken or confiscated in connection with the deportations,
83including, but not limited to, jewelry, books, artifacts,
84precious metals, and currency.
85     (d)  "Records" includes, but is not limited to, any
86documents, correspondence, memoranda, receipts, invoices,
87presentations, audits, and any other related materials.
T I T L E  A M E N D M E N T
92     Remove line 186 and insert:
93changes made by the act; requiring an entity that applies for a
94contract for any rail project to disclose certain information
95relating to its involvement in certain actions during World War
96II; requiring the disclosure to be considered in the award of
97any and all rail contracts and grants; providing definitions;
98providing effective dates.

CODING: Words stricken are deletions; words underlined are additions.