Purchase of electric vehicle — Definitions

Ark. Code Ann. § 25-1-131 — under General Provisions.

Ark. Code Ann. § 25-1-131

(a) As used in this section:(1) “Electric vehicle” means a motor vehicle that is propelled to a significant extent by an electric motor that draws electricity from a battery that is capable of being recharged from an external source of electricity;(2) “Forced labor” means labor or service that is:(A) Obtained by force, fraud, or coercion, including by:(i) Threat of serious harm to or physical restraint against any person;(ii) Means of a scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, the person or another person would suffer serious harm or physical restraint; or(iii) Means of the abuse or threatened abuse of law or the legal process;(B) Imposed on the basis of a characteristic protected by the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq.;(C) Not offered or provided voluntarily by the worker; or(D) Produced through a condition of employment under which a person under fourteen (14) years of age is employed in an occupation hazardous for the employment of children, including without limitation manufacturing or mining; and(3) “Governmental entity” means a:(A) State agency, including without limitation any department, agency, board, commission, office, and other authority of the state;(B) Political subdivision of the state, including without limitation a county, municipality, public school district, water district, and improvement district; and(C) College, university, authority, or other enterprise operated by the state or a political subdivision of the state.

(1) “Electric vehicle” means a motor vehicle that is propelled to a significant extent by an electric motor that draws electricity from a battery that is capable of being recharged from an external source of electricity;

(2) “Forced labor” means labor or service that is:(A) Obtained by force, fraud, or coercion, including by:(i) Threat of serious harm to or physical restraint against any person;(ii) Means of a scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, the person or another person would suffer serious harm or physical restraint; or(iii) Means of the abuse or threatened abuse of law or the legal process;(B) Imposed on the basis of a characteristic protected by the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq.;(C) Not offered or provided voluntarily by the worker; or(D) Produced through a condition of employment under which a person under fourteen (14) years of age is employed in an occupation hazardous for the employment of children, including without limitation manufacturing or mining; and

(A) Obtained by force, fraud, or coercion, including by:(i) Threat of serious harm to or physical restraint against any person;(ii) Means of a scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, the person or another person would suffer serious harm or physical restraint; or(iii) Means of the abuse or threatened abuse of law or the legal process;

(i) Threat of serious harm to or physical restraint against any person;

(ii) Means of a scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, the person or another person would suffer serious harm or physical restraint; or

(iii) Means of the abuse or threatened abuse of law or the legal process;

(B) Imposed on the basis of a characteristic protected by the Arkansas Civil Rights Act of 1993, § 16-123-101 et seq.;

(C) Not offered or provided voluntarily by the worker; or

(D) Produced through a condition of employment under which a person under fourteen (14) years of age is employed in an occupation hazardous for the employment of children, including without limitation manufacturing or mining; and

(3) “Governmental entity” means a:(A) State agency, including without limitation any department, agency, board, commission, office, and other authority of the state;(B) Political subdivision of the state, including without limitation a county, municipality, public school district, water district, and improvement district; and(C) College, university, authority, or other enterprise operated by the state or a political subdivision of the state.

(A) State agency, including without limitation any department, agency, board, commission, office, and other authority of the state;

(B) Political subdivision of the state, including without limitation a county, municipality, public school district, water district, and improvement district; and

(C) College, university, authority, or other enterprise operated by the state or a political subdivision of the state.

(b) A governmental entity shall not enter into a contract for the procurement of an electric vehicle or a component of an electric vehicle unless the manufacturer of the electric vehicle or component of an electric vehicle in good faith provides the governmental entity a sworn certification that certifies that no entity involved in the production of the electric vehicle or the component of an electric vehicle being sold, including the production of a constituent part or the mining or other sourcing of materials for the electric vehicle or the component of an electric vehicle, used forced labor in its activities.

(c) (1) In addition to any other remedies available at law or equity, if the manufacturer or seller is found to have knowingly provided false or misleading information under subsection (b) of this section, a civil penalty shall be imposed against the manufacturer for the greater of:(A) Ten thousand dollars ($10,000) for each false or misleading statement; or(B) One-half (½) of the total price paid by the governmental entity for the electric vehicle or the component of an electric vehicle.(2) A governmental entity that is found to have knowingly violated subsection (b) of this section shall pay to the state the greater of:(A) Ten thousand dollars ($10,000) for each false or misleading statement; or(B) The total price paid by the governmental entity for the electric vehicle or the component of an electric vehicle.(3) An employee of a governmental entity who is found to have knowingly violated subsection (b) of this section shall be found to be acting outside the course and scope of his or her employment and is personally liable for a civil penalty of five thousand dollars ($5,000) to the state.(4) Each member of a board who votes in the affirmative to authorize the purchase of an electric vehicle that is found to violate subsection (b) of this section shall personally pay a fine of five thousand dollars ($5,000) to the state.

(1) In addition to any other remedies available at law or equity, if the manufacturer or seller is found to have knowingly provided false or misleading information under subsection (b) of this section, a civil penalty shall be imposed against the manufacturer for the greater of:(A) Ten thousand dollars ($10,000) for each false or misleading statement; or(B) One-half (½) of the total price paid by the governmental entity for the electric vehicle or the component of an electric vehicle.

(A) Ten thousand dollars ($10,000) for each false or misleading statement; or

(B) One-half (½) of the total price paid by the governmental entity for the electric vehicle or the component of an electric vehicle.

(2) A governmental entity that is found to have knowingly violated subsection (b) of this section shall pay to the state the greater of:(A) Ten thousand dollars ($10,000) for each false or misleading statement; or(B) The total price paid by the governmental entity for the electric vehicle or the component of an electric vehicle.

(A) Ten thousand dollars ($10,000) for each false or misleading statement; or

(B) The total price paid by the governmental entity for the electric vehicle or the component of an electric vehicle.

(3) An employee of a governmental entity who is found to have knowingly violated subsection (b) of this section shall be found to be acting outside the course and scope of his or her employment and is personally liable for a civil penalty of five thousand dollars ($5,000) to the state.

(4) Each member of a board who votes in the affirmative to authorize the purchase of an electric vehicle that is found to violate subsection (b) of this section shall personally pay a fine of five thousand dollars ($5,000) to the state.

(d) This section applies to a procurement contract for an electric vehicle or a component of an electric vehicle that is entered into, amended, or renewed on or after August 5, 2025.