Arkansas 2023 Regular Session

Arkansas Senate Bill SB587 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 SENATE BILL 587 3
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8	8	By: Senator J. Dismang 5
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10	10	For An Act To Be Entitled 7
11	11	AN ACT TO PROHIBIT PUBLIC ENTI TIES FROM CONTRACTIN G 8
12	12	WITH COMPANIES THAT BENEFIT FROM UYGHUR FORCED LABOR; 9
13	13	TO REQUIRE A CERTIFI CATION IN PUBLIC CON TRACTS; AND 10
14	14	FOR OTHER PURPOSES. 11
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17	17	Subtitle 14
18	18	TO PROHIBIT PUBLIC ENTITIES FROM 15
19	19	CONTRACTING WITH COMPANIES THAT BENEFIT 16
20	20	FROM UYGHUR FORCED LABOR; AND TO REQUIRE 17
21	21	A CERTIFICATION IN PUBLIC CONTRACTS. 18
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24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
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26	26	SECTION 1. DO NOT CODIFY. Legislative findings and intent. 23
27	27	(a) The General Assembly finds that: 24
28	28	(1) There is currently a cultural and ethnic genocide occurring 25
29	29	in Xinjiang, China hidden under the thin cover of “reeducation camps,” as 26
30	30	documented through countless investigations, including credible investigative 27
31	31	journalism outlets, congressional findi ngs, formal reports issued by the 28
32	32	United States Department of State, the United States Department of Homeland 29
33	33	Security and other agencies, leaked Chinese government documents and files, 30
34	34	and first-hand witness accounts; 31
35	35	(2) Outside the internment camps and prisons, the Xinjiang 32
36	36	government is implementing an apartheid -like system of persecution of 33
37	37	ordinary people, including forced sterilization, forced birth control, forced 34
38	38	abortion, forced marriage, forced labor, and other atrocity crimes; 35
39	39	(3) These camps and the system of total control target citizens 36 SB587
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44	44	on the basis of their religious and ethnic identity, especially Uyghurs, 1
45	45	Kazakhs, and Kyrgyz, and other Turkic majority -Muslim peoples. 2
46	46	(4) Those who identify with these groups are being placed into 3
47	47	camps without cause, tortured, politically indoctrinated, sexually abused, 4
48	48	sterilized, and subjected to state -imposed forced labor in factories that 5
49	49	they are unable to leave; 6
50	50	(5) Within the camps, detainees are required to memorize 7
51	51	Communist propaganda , repeat the anthems of the Chinese Communist Party, and 8
52	52	are forbidden from expressing any form of their religion including without 9
53	53	limitation praying, abstaining from haram foods, owning religious books, 10
54	54	having a beard, or wearing the hijab; 11
55	55	(6) First-hand accounts of these atrocity crimes detail the 12
56	56	horrors occurring, as illustrated in the following account from a book by 13
57	57	Gulbahar Haitiwaji and Rozenn Morgat: “Their mouths were gagged, just like 14
58	58	mine. Beyond the forest of barbed wire around Baijiantan , the “reeducation” 15
59	59	of Uyghurs was proceeding apace. Whether or not they locked us up, China 16
60	60	reserved one fate and one fate alone for us all: 'reeducation' through fear, 17
61	61	coercion, and censorship. Without distinction, they ground us all underfoot 18
62	62	in the open-air prison that Xinjiang had become”; 19
63	63	(7) Uyghurs under China’s constant surveillance systems are 20
64	64	unable to speak publicly without risking immediate detention, international 21
65	65	observers must provide a voice for the voiceless by ensuring by law that 22
66	66	international business operations do not lend support and assistance to the 23
67	67	atrocity crimes detailed above; 24
68	68	(8) In the United States Declaration of Independence, it is 25
69	69	stated that all men are created equal and endowed with certain unalienable 26
70	70	rights and it is the role of the government to protect and secure the rights 27
71	71	of life, liberty, and the pursuit of happiness for all people; 28
72	72	(9) In Article 2, Section 25 of the Arkansas Constitution, it is 29
73	73	stated that “the General Assembly shall enact suitable laws to protect every 30
74	74	religious denomination”; 31
75	75	(10) The United States Department of State, United States 32
76	76	Department of the Treasury, United States Department of Commerce, United 33
77	77	States Department of Labor, and United States Department of Homeland Security 34
78	78	have condemned the Chinese government’s repression of Uyghurs and have twice, 35
79	79	in July 2020 and July 2021, warned American businesses that there is a “high 36 SB587
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84	84	risk” of complicity, and of violating federal laws, unless they conduct a 1
85	85	detailed analysis of their gl obal supply chains; 2
86	86	(11) In December of 2021, the United States led a diplomatic 3
87	87	boycott of the Winter Olympics held in Beijing, China, because of the human 4
88	88	rights abuses of the country; and 5
89	89	(12) Horizon Advisory, in cooperation with Victims of Com munism 6
90	90	Memorial Foundation, have documented global business complicity and called on 7
91	91	companies in the United States to reassess their role in facilitating China’s 8
92	92	abusive domestic and international policies; 9
93	93	(13) Under Secretary of State Keith Krach is sued a letter 10
94	94	confirming that the People's Republic of China is committing some of the most 11
95	95	serious acts involving mass human rights abuses since World War II. He states 12
96	96	that “corporate responsibility is social responsibility” and that companies 13
97	97	should feel obligated to dissociate themselves from the atrocity crimes 14
98	98	occurring in China; 15
99	99	(14) In June of 2021, the Uyghur genocide was condemned by the 16
100	100	Southern Baptist Convention; 17
101	101	(15) Passage of the Uyghur Forced Labor Prevention Act on the 18
102	102	national level is a significant step towards justice for Uyghurs, and state 19
103	103	governments should take further action to ensure that there is more 20
104	104	transparency within supply chains; 21
105	105	(16) A tremendous amount of companies have been linked to 22
106	106	benefitting from the forced labor within this region; 23
107	107	(17) Various organizations that support the Uyghurs, such as the 24
108	108	Athenai Institute and the Uyghur Human Rights Project, have modeled and 25
109	109	support this bill; and 26
110	110	(18) This is a cause that many Arkansans support throughout the 27
111	111	state, as seen through the widespread support of the youth -led End the Uyghur 28
112	112	Genocide project. 29
113	113	(b) It is the intent of the General Assembly that a state entity shall 30
114	114	not enter into a contract with a company benefiting financially from the use 31
115	115	of Uyghur forced labor. 32
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117	117	SECTION 2. Arkansas Code Title 25, Chapter 1, Subchapter 1, is amended 34
118	118	to add an additional section to read as follows: 35
119	119	25-1-126. Prohibition on contracting with entities that use Uyghur 36 SB587
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124	124	forced labor - Definitions. 1
125	125	(a) As used in this section: 2
126	126	(1) “Company” means a sole proprietorship, organization, 3
127	127	association, corporation, partnership, joint venture, limited partnership, 4
128	128	limited liability partnership, limited liability company, or other entity or 5
129	129	business association, including all wholly owned subsidiaries, majority -owned 6
130	130	subsidiaries, parent companies, or affiliates of those entities or business 7
131	131	associations and: 8
132	132	(A) Is directly controlled by the Government of China; 9
133	133	(B) Which the Government of China owns a majority 10
134	134	interest; or 11
135	135	(C) Contracts with or provides goods, services, or credit 12
136	136	directly to the Government of China; 13
137	137	(2) "Government of China” means: 14
138	138	(A) The government of the People’s Republic of China led 15
139	139	by the Chinese Communist Party; 16
140	140	(B) Any governmental unit of the People’s Republic of 17
141	141	China or of a province, region, or other political subdivision of the 18
142	142	People’s Republic of China; and 19
143	143	(C) Any instrumentality of the People’s Republic of China 20
144	144	or the Communist Party of China; and 21
145	145	(3) "State entity" means a state government entity, including a 22
146	146	department, division, agency, office, commission, board, constitutional 23
147	147	office, or other government organization. 24
148	148	(b) A state entity shall not enter into or renew a contract with a 25
149	149	company to acquire or dispose of services, supplies with a company benefiting 26
150	150	financially from the use of Uyghur forced labor. 27
151	151	(c) A contract under subsection (b) of this section includes companies 28
152	152	that provide services or products including without limitation: 29
153	153	(1) Technology; and 30
154	154	(2) Construction. 31
155	155	(d) To enter into a contract with a company, a state entity shall 32
156	156	require the company provide a certificate stating the company: 33
157	157	(1) Is not engaged in a busine ss relationship of any kind with a 34
158	158	company that benefits from Uyghur forced labor; and 35
159	159	(2) Will not enter into a business relationship of any kind with 36 SB587
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