ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session

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HB 2591: forced labor; child labor; prohibitions

Sponsor: Representative Biasiucci, LD 30

Committee on Government

Overview

Prohibits a public entity or public service corporation from entering into a contract with a person or company that uses forced labor or oppressive child labor.

History

Laws 2022, Chapter 295 prohibits a public entity from entering into or renewing a contract with a company for the acquisition or disposition of goods, information technology, construction, services or supplies unless the contract includes a written certification that the company does not currently and agrees for the duration of the contract that it will not use the forced labor of ethnic Uyghurs in the People's Republic of China.

Public entity is defined as this state, a political subdivision of this state or a commission, department, board or agency of this state or a political subdivision.  Current law additionally defines a company as an association, corporation, organization, partnership, joint venture or business association that engages in for-profit activity and that has 10 or more full-time employees (A.R.S. § 35-394).

Provisions

1. Stipulates that a public entity or public service corporation may not enter into or renew a contract with a company or person for the acquisition or disposition of natural products, land and goods, including electric vehicles, batteries and solar panels unless the contract includes a sworn certification that the person or company does not currently, and agrees for the duration of the contract that it will not, use:

a) forced labor;

b) oppressive child labor;

c) any services or goods produced by oppressive child labor or forced labor; and

d) any suppliers, contractors or subcontractors that use oppressive child labor or forced labor or any services or goods produced by oppressive child labor or forced labor. (Sec. 2)

2. Declares that the person or company that provides the sworn statement has a duty to know whether it uses forced labor or oppressive child labor. (Sec. 2)

3. Specifies that this legislation does not apply to a contract entered before the general effective date. (Sec. 2)

4. Prescribes a civil penalty of no more than $10,000 for each violation. (Sec. 2)

5. Modifies the definition of company. (Sec. 2)

6. Defines forced labor and oppressive child labor. (Sec. 2)

7. Makes technical and conforming changes. (Sec. 1, 2)

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11.                   HB 2591

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