Bill Text: NJ S1862 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits State contracts for technology with Chinese government-owned or affiliated companies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1862 Detail]
Download: New_Jersey-2024-S1862-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Prohibits State contracts for technology with Chinese government-owned or affiliated companies.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act prohibiting State contracts for technology with Chinese government-owned or affiliated companies and supplementing chapter 32 of Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Company" means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including any wholly owned subsidiary, majority owned subsidiary, parent company, or affiliate of such entity or business association, that exists for the purpose of making profit.
"Government of China" means the government of the People's Republic of China led by the Chinese Communist Party.
"State agency" means the legislative or executive branch of the State, including, but not limited to, any department, board, bureau, commission, division, office, council, agency, or instrumentality thereof, or independent agency, public authority or public benefit corporation.
b. A company owned by, operated by, or affiliated with the government of China shall be ineligible to, and shall not, bid on or submit a proposal, directly or indirectly through a third party, for a contract to provide technology goods or services with any State agency.
c. A State agency shall require a company that submits a bid or proposal with respect to a contract for technology goods or services to certify that the company is eligible to bid or submit the proposal.
d. If the Division of Purchase and Property in the Department of the Treasury determines that a company has submitted a false certification under subsection c. of this section:
(1) the company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000 or twice the amount of the contract for which a bid or proposal was submitted; and
(2) the State agency or the Division of Purchase and Property shall terminate the contract with the company; and
2. This act shall take effect immediately.
STATEMENT
This bill provides that any company owned or operated by, or affiliated with, the Government of China will be ineligible to bid or submit a proposal for a technology contract with any State agency.
This bill also requires companies that submit a bid or proposal with respect to a contract for technology goods and services to certify that the company is eligible to bid or submit a proposal.
This bill establishes that, if the Division of Purchase and Property determines that a company has submitted a false certification, the company will be liable for a civil penalty in an amount that is equal to the greater of $250,000 or twice the amount of the contract for which a bid or proposal was submitted and the State agency, or the Division of Purchase and Property, will terminate the contract with the company.
