SB870: Bill Text

LRB-4396/1

KP:skw

2021 - 2022 LEGISLATURE

2021 Senate BILL 870

January 13, 2022 - Introduced by Senator Roth, cosponsored by Representatives Murphy, August, Armstrong, Behnke, Gundrum, Knodl and Penterman. Referred to Committee on Housing, Commerce and Trade.

SB870,1,2 An Act to create 134.55 of the statutes; relating to: prohibiting the sale of goods from the Xinjiang region of China.

Analysis by the Legislative Reference Bureau

This bill prohibits the sale at retail or at wholesale of goods mined, produced, or manufactured in the Xinjiang region of China unless 1) the U.S. Customs and Border Protection bureau determines that the good was not mined, produced, or manufactured with forced labor; 2) the Wisconsin Economic Development Corporation determines that the good was not mined, produced, or manufactured with forced labor; or 3) a federal law allows the sale of the good.

Under the bill, WEDC must establish policies and procedures providing due diligence and supply chain tracing and management standards ensuring that goods transported into this state were not mined, produced, or manufactured wholly or in part by forced labor in the Xinjiang region of China. The bill also authorizes WEDC to request information from a person who transports goods into this state to determine whether the goods were mined, produced, or manufactured wholly or in part by forced labor in the Xinjiang region of China.

If a state or federal court enjoins any of the provisions described above, the bill provides that no person may sell goods mined, produced, or manufactured in the Xinjiang region of China without having a label affixed to the good's packaging stating, “Made with slave labor."

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB870,1 Section 1. 134.55 of the statutes is created to read:

SB870,2,4 134.55 Sale of goods from Xinjiang region. (1) No person may sell or offer for sale at retail or at wholesale a good mined, produced, or manufactured wholly or in part in the Xinjiang region of China unless any of the following applies:

SB870,2,6 (a) The U.S. customs and border protection bureau determines that the good was not mined, produced, or manufactured wholly or in part by forced labor.

SB870,2,9 (b) The Wisconsin Economic Development Corporation determines that the good was not mined, produced, or manufactured wholly or in part by forced labor according to the policies and procedures established under sub. (2) (a).

SB870,2,11 (c) A federal law enacted or promulgated after the effective date of this paragraph .... [LRB inserts date] allows the sale of the good.

SB870,2,13 (2) (a) The Wisconsin Economic Development Corporation shall establish policies and procedures providing all of the following:

SB870,2,17 1. Due diligence and supply chain tracing and management standards that ensure that a person transporting goods into this state does not transport goods that were mined, produced, or manufactured wholly or in part by forced labor in the Xinjiang region of China.

SB870,2,20 2. The type, nature, and extent of evidence that demonstrates that a good was not mined, produced, or manufactured wholly or in part in the Xinjiang region of China.

SB870,3,2 3. The type, nature, and extent of evidence that demonstrates that a good was not mined, produced, or manufactured wholly or in part by forced labor.

SB870,3,7 (b) The policies and procedures established under par. (a) shall be consistent with any federal law enacted or promulgated after the effective date of this paragraph .... [LRB inserts date] that establishes standards for determining whether goods were mined, produced, or manufactured wholly or in part by forced labor in the Xinjiang region of China.

SB870,3,11 (c) The Wisconsin Economic Development Corporation may request information from a person who transports goods into this state to determine whether the goods were mined, produced, or manufactured wholly or in part by forced labor in the Xinjiang region of China.

SB870,3,16 (3) If a state or federal court of competent jurisdiction enjoins the enforcement of sub. (1) or (2), no person may sell or offer for sale at retail or at wholesale a good mined, produced, or manufactured wholly or in part in the Xinjiang region of China without having a label affixed to the packaging of the good, including the retail packaging, stating, “Made with slave labor.”

SB870,3,17 (End)