Bill Text: NJ A2132 | 2018-2019 | Regular Session | Amended


Bill Title: Prohibits awarding of public contracts to Internet service providers, unless Internet service providers adhere to principle of "net neutrality."

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2018-03-12 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A2132 Detail]

Download: New_Jersey-2018-A2132-Amended.html

[First Reprint]

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 and Mukherji

 

 

 

 

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.

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