ASSEMBLY, No. 2132
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman NICHOLAS CHIARAVALLOTI
District 31 (Hudson)
Assemblyman ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblymen Calabrese, Mukherji, Assemblywoman Swain, Assemblymen Tully and Conaway
SYNOPSIS
Prohibits awarding of public contracts to Internet service providers, unless Internet service providers adhere to principle of “net neutrality.”
CURRENT VERSION OF TEXT
As reported by the Assembly Science, Innovation and Technology Committee on March 12, 2018, with amendments.
An Act concerning eligibility for public contacts and supplementing Title 18A of the New Jersey Statutes, P.L.1971, c.198, and Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, rule, regulation, or order to the contrary, a board of education shall reject all bids submitted by an Internet service provider that:
(1) engages in paid prioritization;
(2) prevents access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management; or
(3) impairs or degrades access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management.
b. As used in this section:
“Internet service provider” shall have the same meaning as provided in section 3 of P.L.2007, c.272 (C.56:8-170).
“Paid prioritization” means the management of an Internet service provider’s network to directly or indirectly favor some 1data1 traffic over other 1data1 traffic, including through use of techniques such as 1data1 traffic shaping, prioritization, resource reservation, or other forms of preferential 1data1 traffic management, either in exchange for consideration from a third party or to benefit an affiliated entity.
2. a. Notwithstanding any law, rule, regulation, or order to the contrary, a contracting unit shall reject all bids submitted by an Internet service provider that:
(1) engages in paid prioritization;
(2) prevents access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management; or
(3) impairs or degrades access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management.
b. As used in this section:
“Internet service provider” shall have the same meaning as provided in section 3 of P.L.2007, c.272 (C.56:8-170).
“Paid prioritization” means the management of an Internet service provider’s network to directly or indirectly favor some 1data1 traffic over other 1data1 traffic, including through use of techniques such as 1data1 traffic shaping, prioritization, resource reservation, or other forms of preferential 1data1 traffic management, either in exchange for consideration from a third party or to benefit an affiliated entity.
3. a. Notwithstanding any law, rule, regulation, or order to the contrary, a State agency shall reject all bids submitted by an Internet service provider that:
(1) engages in paid prioritization;
(2) prevents access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management; or
(3) impairs or degrades access to lawful Internet content, applications, or services or the use of non-harmful Internet-enabled devices by customers located in this State, subject to reasonable network management.
b. As used in this section:
“Internet service provider” shall have the same meaning as provided in section 3 of P.L.2007, c.272 (C.56:8-170).
“Paid prioritization” means the management of an Internet service provider’s network to directly or indirectly favor some 1data1 traffic over other 1data1 traffic, including through use of techniques such as 1data1 traffic shaping, prioritization, resource reservation, or other forms of preferential 1data1 traffic management, either in exchange for consideration from a third party or to benefit an affiliated entity.
4. This act shall take effect immediately.