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A1284
ASSEMBLY, No. 1284
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblyman DAVID BAILEY, JR.
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblywoman Fantasia
SYNOPSIS
���� Prohibits public procurement of electric vehicles
that may have been made through forced labor.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
prohibiting the public procurement of electric vehicles
that may have been made through forced labor and supplementing various parts of
the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� a.� As used in this
section:
���� �Child labor� means any
employment held in violation of sections 2 and 17 of P.L.1940, c.153
(C.34:2-21.2 and C.34:2-21.17, respectively).
���� �Electric vehicle� means a
motor vehicle that is propelled to a significant extent by an electric motor or
energy storage device, and includes any such fleet, medium-duty, or heavy-duty
vehicle.
���� �Forced labor� means any work
or service that is (1) obtained by force, fraud, or coercion, including by
threat of serious harm to, or physical restraint against, any person; by means
of any scheme, plan, or pattern intended to cause the person to believe that if
the person did not perform such labor or services, the person or another person
would suffer serious harm or physical restraint; or by means of the abuse or
threatened abuse of law or the legal process; (2) imposed on the basis of being
a member, or members, of a protected class; (3) not offered or provided
voluntarily by the worker; or (4) produced through child labor.
���� �Member of a protected class�
means an individual who is classified as having one or more characteristics,
including race, creed, color, national origin, nationality, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, genetic information, pregnancy, sex, gender identity or
expression, disability or atypical hereditary cellular or blood trait of any
individual, or liability for service in the Armed Forces.
���� �Purchasing agent� means any
agent as defined in and subject to the provisions of the "Public Schools
Contracts Law," N.J.S.18A:18A-1 et seq.
���� b.� No purchasing agent shall enter
into a contract for the procurement of electric vehicles, or any component of
an electric vehicle, unless the purchasing agent obtains a sworn certification
from the manufacturer or seller that certifies that no entity involved in the
production of the electric vehicle or component for sale, including the production
of any constituent part or the mining or other sourcing of any materials, used
forced labor or child labor in its activities.
���� c. �If a manufacturer or
seller provides false or misleading information under subsection b. of this
section, a civil penalty shall be imposed against the manufacturer or seller of
$10,000 per false or misleading statement, or 50 percent of the total price
paid by the purchasing agent for the vehicles or components, whichever is
greater.� All penalties assessed under this subsection shall be paid to the
State Treasurer and may be recovered in a summary proceeding pursuant to the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).
���� d.� The provisions of this
section shall not apply in circumstances when its application would violate
federal law or regulation or be inconsistent with the terms and conditions of
federal funding.
���� 2.� a.� As used in this
section:
���� �Child labor� means any
employment held in violation of sections 2 and 17 of P.L.1940, c.153
(C.34:2-21.2 and C.34:2-21.17, respectively).
���� �Contracting agent� means any
agent as defined in and subject to the provisions of the �State College
Contracts Law,� P.L.1986, c.43 (C.18A:64-52 et seq.).
���� �Electric vehicle� means a
motor vehicle that is propelled to a significant extent by an electric motor or
energy storage device, and includes any such fleet, medium-duty, or heavy-duty
vehicle.
���� �Forced labor� means any work
or service that is (1) obtained by force, fraud, or coercion, including by
threat of serious harm to, or physical restraint against, any person; by means
of any scheme, plan, or pattern intended to cause the person to believe that if
the person did not perform such labor or services, the person or another person
would suffer serious harm or physical restraint; or by means of the abuse or
threatened abuse of law or the legal process; (2) imposed on the basis of being
a member, or members, of a protected class; (3) not offered or provided
voluntarily by the worker; or (4) produced through child labor.
���� �Member of a protected class�
means an individual who is classified as having one or more characteristics,
including race, creed, color, national origin, nationality, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, genetic information, pregnancy, sex, gender identity or
expression, disability or atypical hereditary cellular or blood trait of any
individual, or liability for service in the Armed Forces.
���� b.� No contracting agent shall
enter into a contract for the procurement of electric vehicles, or any
component of an electric vehicle, unless the contracting agent obtains a sworn
certification from the manufacturer or seller that certifies that no entity
involved in the production of the electric vehicle or component for sale,
including the production of any constituent part or the mining or other
sourcing of any materials, used forced labor or child labor in its activities.
���� c.� If a manufacturer or
seller provides false or misleading information under subsection b. of this
section, a civil penalty shall be imposed against the manufacturer or seller of
$10,000 per false or misleading statement, or 50 percent of the total price
paid by the contracting agent for the vehicles or components, whichever is
greater.� All penalties assessed under this subsection shall be paid to the
State Treasurer and may be recovered in a summary proceeding pursuant to the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).
���� d.� The provisions of this
section shall not apply in circumstances when its application would violate
federal law or regulation or be inconsistent with the terms and conditions of
federal funding.
���� 3.� a.� As used in this
section:
���� �Child labor� means any
employment held in violation of sections 2 and 17 of P.L.1940, c.153
(C.34:2-21.2 and C.34:2-21.17, respectively).
���� �Electric vehicle� means a
motor vehicle that is propelled to a significant extent by an electric motor or
energy storage device, and includes any such fleet, medium-duty, or heavy-duty
vehicle.
���� �Forced labor� means any work
or service that is (1) obtained by force, fraud, or coercion, including by
threat of serious harm to, or physical restraint against, any person; by means
of any scheme, plan, or pattern intended to cause the person to believe that if
the person did not perform such labor or services, the person or another person
would suffer serious harm or physical restraint; or by means of the abuse or
threatened abuse of law or the legal process; (2) imposed on the basis of being
a member, or members, of a protected class; (3) not offered or provided
voluntarily by the worker; or (4) produced through child labor.
���� �Local contracting unit� means
any contracting unit as defined in and subject to the provisions of the
"Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
���� �Member of a protected class�
means an individual who is classified as having one or more characteristics,
including race, creed, color, national origin, nationality, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, genetic information, pregnancy, sex, gender identity or
expression, disability or atypical hereditary cellular or blood trait of any
individual, or liability for service in the Armed Forces.
���� b.� No local contracting unit
shall enter into a contract for the procurement of electric vehicles, or any
component of an electric vehicle, unless the local contracting unit obtains a
sworn certification from the manufacturer or seller that certifies that no
entity involved in the production of the electric vehicle or component for
sale, including the production of any constituent part or the mining or other
sourcing of any materials, used forced labor or child labor in its activities.
���� c.� If a manufacturer or
seller provides false or misleading information under subsection b. of this
section, a civil penalty shall be imposed against the manufacturer or seller of
$10,000 per false or misleading statement, or 50 percent of the total price
paid by the local contracting unit for the vehicles or components, whichever is
greater.� All penalties assessed under this subsection shall be paid to the
State Treasurer and may be recovered in a summary proceeding pursuant to the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).
���� d.� The provisions of this
section shall not apply in circumstances when its application would violate
federal law or regulation or be inconsistent with the terms and conditions of
federal funding.
���� 4.� a.� As used in this
section:
���� �Child labor� means any
employment held in violation of sections 2 and 17 of P.L.1940, c.153
(C.34:2-21.2 and C.34:2-21.17, respectively).
���� �Contracting agency� means the
State or any board, commission, committee, authority, or agency of the State.
���� �Electric vehicle� means a
motor vehicle that is propelled to a significant extent by an electric motor or
energy storage device, and includes any such fleet, medium-duty, or heavy-duty
vehicle.
���� �Forced labor� means any work
or service that is (1) obtained by force, fraud, or coercion, including by
threat of serious harm to, or physical restraint against, any person; by means
of any scheme, plan, or pattern intended to cause the person to believe that if
the person did not perform such labor or services, the person or another person
would suffer serious harm or physical restraint; or by means of the abuse or
threatened abuse of law or the legal process; (2) imposed on the basis of being
a member, or members, of a protected class; (3) not offered or provided voluntarily
by the worker; or (4) produced through child labor.
���� �Member of a protected class�
means an individual who is classified as having one or more characteristics,
including race, creed, color, national origin, nationality, ancestry, age,
marital status, civil union status, domestic partnership status, affectional or
sexual orientation, genetic information, pregnancy, sex, gender identity or
expression, disability or atypical hereditary cellular or blood trait of any
individual, or liability for service in the Armed Forces.
���� b.� No contracting agency
shall enter into a contract for the procurement of electric vehicles, or any
component of an electric vehicle, unless the contracting agency obtains a sworn
certification from the manufacturer or seller that certifies that no entity
involved in the production of the electric vehicle or component for sale,
including the production of any constituent part or the mining or other
sourcing of any materials, used forced labor or child labor in its activities.
���� c. �If a manufacturer or
seller provides false or misleading information under subsection b. of this
section, a civil penalty shall be imposed against the manufacturer or seller of
$10,000 per false or misleading statement, or 50 percent of the total price
paid by the contracting agency for the vehicles or components, whichever is
greater.� All penalties assessed under this subsection shall be paid to the
State Treasurer and may be recovered in a summary proceeding pursuant to the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).
���� d.� The provisions of this
section shall not apply in circumstances when its application would violate
federal law or regulation or be inconsistent with the terms and conditions of
federal funding.
���� 5.� This act shall take effect
immediately.
STATEMENT
���� This bill prohibits public
contracts procuring electric vehicles that may have been made through forced
labor.
���� Under the bill, the State
government, State colleges, local governments in this State, and public schools
in this State will not be permitted to enter into a contract for the
procurement of electric vehicles, or any component of an electric vehicle,
unless the appropriate representative obtains a sworn certification from the
manufacturer or seller that certifies that no entity involved in the production
of the electric vehicle or component for sale used forced labor or child labor
in its activities.
���� The bill provides that a civil
penalty will be imposed against any manufacturer or seller that provides false
or misleading information.� The penalty will be $10,000 per false or misleading
statement, or 50 percent of the total price paid by the appropriate authority
for the vehicles or components, whichever is greater.