1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session Senate Bill 928 Sponsored by Senator SMITH DB SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.The statement includes a measure digest written in compliance with applicable readability standards. Digest: Tells a public body that buys electric cars or solar panels that it needs proof from the vendor that no forced labor was used in producing the car or panel. Specifies penalties for lying about the proof. (Flesch Readability Score: 66.8). Requires public bodies that procure electric vehicles and solar photovoltaic energy systems to receive before entering a contract for the electric vehicle or solar photovoltaic energy system a certification from the manufacturer, distributor, vendor or supplier that the production, assembly, transportation or sale of the electric vehicle or solar photovoltaic energy system did not use or in- volve forced labor or oppressive child labor. Requires probative evidence to accompany the certi- fication. Provides that a person that supplies a certification that is false, materially misleading, illegit- imate, untruthful, forged or substantially inaccurate is liable for a civil penalty of not more than $10,000 or half of the price the public body paid for the electric vehicle or solar photovoltaic energy system. Subjects the public body to similar penalties for knowingly or intentionally accepting a certification that the public body knows is false, materially misleading, illegitimate, untruthful, forged or substantially inaccurate. Takes effect on the 91st day following adjournment sine die. A BILL FOR AN ACT Relating to ensuring that forced labor is not used for electric products that public bodies procure; and prescribing an effective date. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) As used in this section: (a) “Electric vehicle” means a motor vehicle that uses for propulsion electricity drawn from a battery that may be recharged from an external source of electricity. (b) “Forced labor” means work or service that an individual does involuntarily and: (A) Under compulsion from: (i) Force, fraud or coercion, including by a threat of serious harm to, or physical re- straint of, the individual or a threat of serious harm to, or physical restraint of, another person;or (ii) An abuse or threatened abuse of the law or legal process; (B) That constitutes oppressive child labor; (C) Is uncompensated or extremely low paying, involves excessively long hours or is un- usually risky or hazardous; or (D) Is assigned to or required from the individual on the basis of the individual’s race, color, religion, sex, sexual orientation, national origin, disability or membership in another class that is recognized and protected by law. (c) “Oppressive child labor” means work that employs a child that is fourteen years of age or younger and is hazardous for children. (d) “Public body” means the state government, as defined in ORS 174.111, local govern- NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 4034 SB928 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ment, as defined in ORS 174.116, a special government body, as defined in ORS 174.117, the Oregon State Bar, the Oregon Health and Science University and any intergovernmental entity formed between or among any of the entities listed in this paragraph. (e) “Solar photovoltaic energy system” has the meaning given that term in ORS 757.360. (2)(a) A public body may not enter into a contract to procure an electric vehicle, a solar photovoltaic energy system or a component of an electric vehicle or solar photovoltaic en- ergy system unless the public body receives before executing the contract a certification from the manufacturer, distributor, vendor or supplier of the electric vehicle or solar photovoltaic energy system that the production, assembly, transportation or sale of the electric vehicle or solar photovoltaic energy system did not use or involve forced labor or oppressive child labor. The certification must include probative evidence that the certifica- tion is legitimate, authoritative, truthful and accurate. (b) A public body may by rule, ordinance or other legislative process specify appropriate criteria and standards for determining the legitimacy, authority, truthfulness and accuracy of a certification under paragraph (a) of this subsection. The public body may choose to rely on the certification of a reputable third party organization in making the determination. (3) If a certification that a person gives to a public body under subsection (2)(b) of this section is false, materially misleading, illegitimate, untruthful, forged or substantially inac- curate, the public body shall: (a) Cancel, terminate or refuse to enter into the contract for the electric vehicle or solar photovoltaic energy system; or (b) Impose a civil penalty of the greater of: (A) Not more than $10,000; or (B) An amount that is equivalent to one-half of the price the public body paid for the electric vehicle or solar photovoltaic energy system. (4)(a) If a public body knowingly or intentionally enters into a contract for an electric vehicle or solar photovoltaic energy system without receiving the certification described in subsection (2)(b) of this section or an official of the public body accepts a certification that the official knows is false, materially misleading, illegitimate, untruthful, forged or substan- tially inaccurate, the Attorney General or a district attorney shall bring an action in a court of this state to recover as damages an amount that is the greater of: (A) The entire price that the public body paid for the electric vehicle or solar photovoltaic electric system; or (B) $10,000. (b) The Attorney General shall deposit moneys the Attorney General recovers in an action under paragraph (a) of this subsection into the Common School Fund. (c) A district attorney shall deposit moneys the district attorney recovers in an action under paragraph (a) of this subsection equally among the school funds of each school district within the county in which the district attorney brought the action. SECTION 2. Section 1 of this 2025 Act applies to contracts to procure electric vehicles or solar photovoltaic energy systems that a public body enters into on or after the effective date of this 2025 Act. SECTION 3.This 2025 Act takes effect on the 91st day after the date on which the 2025 regular session of the Eighty-third Legislative Assembly adjourns sine die. [2]