State Contracts

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of allied nations, including Israel, or companies based in allied nations or territories controlled by allied nations. The bill requires the state to create a blacklist of people, corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. Similar bills have failed to pass in previous sessions.

This anti-boycott executive order prohibits state investment in and state contracts with entities that boycott Israel or Israeli-controlled territories, which would encompass illegal Israeli settlements. This order requires executive branch agencies to notify contracting parties that the agency “will not tolerate” any boycotting of Israel. This order also calls on executive branch agencies to divest  investments in companies found to be engaged in a boycott of Israel.

New Hampshire Governor Chris Sununu signed the executive order at an event in the state capital with Israel’s Ambassador to the UN Gilad Erdan. Earlier this year, the state legislature refused to pass similar legislation after advocates raised concerns about the chilling effect on freedom of expression in support of Palestinian rights.

S1637, known as the Combating BDS Act of 2023, is an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. Previous versions of the bill failed after activists, media, and civil liberties groups raised constitutional concerns (S 1, HR 2856, S 170, HR 4514, S 2531).

This anti-boycott bill prohibits any federal government entity from entering into contracts with companies, including non-profits, that boycott Israel or “a person doing business in or with Israel, or authorized by, licensed by, or an entity organized under the laws of the State of Israel” which would encompass illegal Israeli settlements. Contractors must provide a written certification that they are not and will not for the duration of the contract engage in such boycotts. The bill excludes contracts with a total value of less than $100,000 and contractors that have fewer than 10 employees.

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of Israel or companies based in Israel or illegal Israeli settlements. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The bill also prohibits investment of public retirement funds in blacklisted entities. Similar bills have failed to pass in previous sessions. Related bills: A02093

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of Israel or companies based in Israel or illegal Israeli settlements. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The bill also prohibits investment of public retirement funds in blacklisted entities. Similar bills have failed to pass in previous sessions. Related bills: S 04479.

This anti-boycott bill prohibits state investment in and state contracts with entities that engage in boycotts of allied nations, including Israel, or companies based in allied nations or territories occupied by allied nations. The bill requires the state to create a blacklist of corporations, non-profits, and groups engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted entities, and contractors must provide written certification that they are not on the blacklist. The state comptroller and public retirement funds are prohibited from investing in entities engaged in prohibited boycotts. Similar bills have failed to pass in previous sessions.

This anti-boycott bill prohibits state contracts with and investments in entities that boycott Israel. It amends New York’s retirement and social security law and state finance law to prohibit the state comptroller from investing in entities engaging in boycotts against Israel, mandating divestment from any companies that engage in such activity. This bill also requires the creation of a public blacklist of companies found to boycott Israel. Additionally, this bill prohibits the state from entering into contracts with entities that boycott Israel. Similar bills have failed to pass in previous sessions.

This anti-boycott bill prohibits state contracts with a company for goods or services unless the contract includes a written certification that the company does not, and for the duration of the contract will not, engage in boycott activity against Israel or illegal Israeli settlements. This bill exempts contracts with a value of less than one hundred thousand dollars or with companies with fewer than ten full-time employees. Additionally, this bill prohibits public entities from adopting any procurement, investment, or other policies that have the effect of “allowing, inducing, or requiring a person or company” to boycott Israel or illegal settlements, a provision that targets divestment or other BDS campaigns at public universities.

This anti-boycott bill prohibits any public entity from entering into a contract with a company unless the contract includes a written certification that the company is not engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel or illegal Israeli settlements. The bill exempts contracts with a value of less than one hundred thousand dollars or with companies with less than 10 employees. The version that passed out of the House removed the monetary threshold. The bill also prohibits the state investment board from adopting any investment policy that would “have the effect of requiring or inducing any person to boycott Israel.”