HB 2591
Initials SJ Page 1 Senate Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: GOV DP 6-1-2-0 | 3
rd
Read 43-16-0-0-1
Senate: GOV DPA 4-3-1-0 | 3
rd
Read 16-11-3-0
HB 2591: forced labor; child labor; prohibitions
Sponsor: Representative Biasiucci, LD 30
Senate Engrossed
Overview
Prohibits a public power 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. States that a public power entity or public service corporation may not enter into or renew
a contract with a company or person for the acquisition or disposition of electric vehicles,
batteries, solar panels, land and minerals used to create 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, knowingly 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.
1, 4)
2. Requires a company or person, within five business days after becoming aware of
noncompliance, to notify the public power entity or public service corporation that the
company or person is not in compliance with the sworn certification during the term of
the contract. (Sec. 1, 4)
3. Specifies that the contract terminates if the company or person does not provide the public
power entity or public service corporation with a sworn certification that the company or
person has remedied the noncompliance within 180 days after notifying the public entity
of the noncompliance. (Sec. 1, 4) HB 2591
Initials SJ Page 2 Senate Engrossed
4. Declares that if the contract termination date occurs before the end of the remedy period,
the contract terminates on the contract termination date. (Sec. 1, 4)
5. Instructs the company or person that provides the sworn statement to certify that they
do not knowingly use oppressive child labor or forced labor. (Sec. 1, 3, 4)
6. Clarifies that this legislation does not apply to a contract entered into before the general
effective date. (Sec. 1-4)
7. Stipulates that a public entity may not enter into or renew a contract with a company or
person for the acquisition or disposition of land goods, including electric vehicles,
batteries, solar panels and the minerals used to create 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, knowingly 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.
3)
8. Prescribes a civil penalty of no more than $10,000 for each violation. (Sec. 1-4)
9. Modifies the definition of company. (Sec. 3)
10. Defines:
a) company;
b) forced labor;
c) minerals;
d) oppressive child labor; and
e) sworn certification. (Sec. 1, 3, 4)
11. Makes technical and conforming changes. (Sec. 2, 3)
Senate Amendments
1. Includes acquiring a utility scale in the prescribed sworn certification requirements.
2. Specifies that an automobile manufacturer must provide the required sworn certification
for contracts to acquire electric vehicles and the component parts of electric vehicles.
3. Makes technical and conforming changes.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note