Legislation
HB 89
Status
Struck Down by Court
Struck Down On
April 2019
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
Read HB 89 

This anti-boycott bill prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in such companies. 

A federal court blocked enforcement of the law in April 2019, finding the plaintiffs were likely to succeed in showing that the law violates their First Amendment rights and that the state’s continued enforcement of it would cause them irreparable harm. Texas amended the law (HB 793) so it no longer applied to individuals like the plaintiffs. The amendments altered the prohibitions related to state contracts, leaving in place those related to state investments. Related bills: SB 29, SB 134.

Legislation
HB 2409
Status
Struck Down by Court
Struck Down On
April 2019
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
Read HB 2409 

This anti-boycott law prohibits state contracts with individuals or companies that boycott Israel or territories occupied by Israel. Contractors are required to sign a written certification that they are not currently engaged in a boycott of Israel. HB 2409 also precludes Kansas from adopting policies that have the effect of requiring or inducing others to boycott Israel, a provision aimed at discouraging divestment campaigns at public universities.  

In January 2018, a federal court blocked Kansas from enforcing the law on grounds that “First Amendment protects the right to participate in political boycotts like the one punished by the Kansas law.” Kansas lawmakers subsequently amended the law (HB 2482) so it no longer applied to individuals like the plaintiff. Related bill: HB 2351.

Legislation
HB 2617
Status
Struck Down by Court
Struck Down On
April 2019
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
Read HB 2617 

This anti-boycott bill prohibits state contracts with and state investment in entities, including sole proprietorships and non-profits, that boycott Israel or territories occupied by Israel. The bill requires contractors to sign a written certification that they do not and will not engage in boycotts of Israel. It excludes contracts worth less than $1,000 or contractors who bid at least 20% less than other bidders. The bill calls for the creation of a blacklist of companies that boycott Israel and prohibits public retirement systems from investing in these companies. It also prohibits Arizona public entities from boycotting Israel, a provision aimed at discouraging divestment campaigns at public universities.

A federal court blocked enforcement of the law in September 2018, finding the plaintiff was likely to succeed in showing that the law violates his First Amendment rights and that the state’s continued enforcement of it would cause him irreparable harm. In 2019, Arizona amended the law (SB 1167) so it no longer applied to individuals like the plaintiff. The amendments altered the prohibitions related to state contracts, leaving in place those related to state investments.