HOUSE BILL NO. 2691 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CHAPPELL.
5142H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 34, RSMo, by adding thereto one new section relating to state purchasing of electric vehicles, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 34, RSMo, is amended by adding thereto one new section, to be 2 known as section 34.630, to read as follows: 34.630. 1. As used in this section, the following terms mean: 2 (1) "Electric vehicle", a motor vehicle that is propelled to a significant extent by 3 an electric motor that draws electricity from a battery capable of being recharged from 4 an external source of electricity; 5 (2) "Forced labor", all work or service that is: 6 (a) Obtained by force, fraud, or coercion, including by threat of serious harm to, 7 or physical restraint against, any person; by means of any scheme, plan, or pattern 8 intended to cause the person to believe that if such person did not perform such labor or 9 services, such person or another person would suffer serious harm or physical restraint; 10 or by means of the abuse or threatened abuse of the law or the legal process; 11 (b) Imposed on the basis of a protected characteristic; 12 (c) Not offered or provided voluntarily by the worker; or 13 (d) Produced through oppressive child labor; 14 (3) "Governmental entity", a state agency or political subdivision of this state or 15 any school, college, university, administration, authority, or other enterprise operated 16 by the state or any political subdivision thereof;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2691 2
17 (4) "Oppressive child labor", a condition of employment under which any 18 person under fourteen years of age is employed in an occupation hazardous for the 19 employment of children, such as manufacturing or mining; 20 (5) "Protected characteristic", any characteristic protected by the Missouri 21 human rights act. 22 2. No governmental entity shall enter into a contract for the procurement of 23 electric vehicles, or any component of an electric vehicle, unless the governmental entity 24 is provided a sworn certification from the manufacturer of the electric vehicle or the 25 component of an electric vehicle that does the following: 26 (1) Consents to the personal jurisdiction by the state over the manufacturer; and 27 (2) Certifies that no entity involved in the production of the electric vehicle or 28 component of an electric vehicle, including the production of any constituent part or the 29 mining or other sourcing of any materials, used forced labor or oppressive child labor in 30 its activities. 31 3. (1) In addition to any other remedies available at law or equity, if the 32 manufacturer or seller provides false or misleading information under subsection 2 of 33 this section, the individual providing the false or misleading information shall be liable 34 for a civil penalty of ten thousand dollars per false or misleading statement or one-half 35 the total price paid by the governmental entity for the vehicles or components, 36 whichever is greater. 37 (2) Any governmental entity that knowingly violates subsection 2 of this section 38 shall be subject to a fine of ten thousand dollars per false or misleading statement or the 39 total price paid by the governmental entity for the vehicles or components, whichever is 40 greater. The fines under this subdivision shall be payable to the general revenue fund. 41 (3) Any state employee that knowingly violates subsection 2 of this section shall 42 personally pay a fine of five thousand dollars to the Missouri veterans commission. 43 (4) Any employee of a local government or political subdivision that knowingly 44 violates subsection 2 of this section shall personally pay a fine of five thousand dollars to 45 the school districts in the county in which the violation occurred. Such funds shall be 46 allocated in proportion to the average daily attendance of each school district in the 47 county. 48 (5) Each member of a statewide board who votes in the affirmative to authorize 49 a purchase that violates subsection 2 of this section shall personally pay a fine of five 50 thousand dollars to the Missouri veterans commission. 51 (6) Each member of a local government or political subdivision board who votes 52 in the affirmative to authorize a purchase that violates subsection 2 of this section shall 53 personally pay a fine of five thousand dollars to the school districts in the county in HB 2691 3
54 which the violation occurred. Such funds shall be allocated in proportion to the average 55 daily attendance of each school district in the county. 56 (7) Any citizen within the jurisdiction of the state of Missouri or any political 57 subdivision thereof shall have standing to bring enforcement of this section. ✔
Statutes affected: