State Contracts

This anti-boycott bill calls for the creation of a blacklist of companies that participate in a boycott of Israel or persons or entities doing business in Israel or “territories controlled by Israel,” language that reaches boycotts of Israel’s illegal settlements. It prohibits state investment in and requires the state board of investments to divest from blacklisted entities. The bill also prohibits state contracts with companies unless they provide a written certification that they are not and will not engage in boycotts of Israel for the duration of the contract. Because HB 501 only applies to boycotts undertaken on a discriminatory basis, boycotts for Palestinian rights fall outside its scope. Due to the efforts of members of Helena Service for Peace and Justice, the Montana Coalition for Palestine, and others, HB 501 was defeated.

This anti-boycott law requires state contracts to include a written certification that the contractor is not and will not for the duration of the contract engage in a boycott of Israel or companies doing business in Israel. The law applies to companies, including non-profits, with 10 or more employees and contracts of $100,000 or more. Similar bills introduced during this session had extended state contract prohibitions to boycotts of “territories controlled by Israel.” The version that passed excluded this language related to Israel’s illegal settlements. Efforts by national and state-level civil and human rights groups helped defeat similar bills in 2018 and 2019. Related Bills: SB 544, SB 594, HB 1344, HB 1738, HB 2179.

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.

This anti-boycott law amends Kansas’ previous law (HB 2409) to remove individuals, sole proprietors, and contracts worth less than $100,000 from the purview of the state contract prohibition. The law requires contractors to sign a written certification that they are “not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the state.” 

In 2018, a federal court blocked Kansas from enforcing the law on grounds that the “First Amendment protects the right to participate in political boycotts like the one punished by the Kansas law.” In response, Kansas lawmakers amended the law so that it no longer applied to individuals like the plaintiff, rendering the case moot, but leaving the underlying constitutional issues unresolved. The amended law leaves in place the prohibition on Kansas public entities boycotting Israel or those doing business in Israel or the territories it occupies.  Related bill: HB 2778.

This anti-boycott bill 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 and will not for the duration of the contract engage in a boycott of Israel. The bill 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. Related bill: HB 2409.

This anti-boycott bill amends Kansas’ previous law (HB 2409) to remove individuals, sole proprietors, and contracts worth less than $100,000 from the purview of the state contract prohibition. The bill requires contractors to sign a written certification that they are “not currently engaged in a boycott of goods or services from Israel that constitutes an integral part of business conducted or sought to be conducted with the state.” Related legislation: HB 2482 (passed).

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.

This anti-boycott law amends Arizona’s 2016 law (HB 2617) to exclude sole proprietors, companies with fewer than 10 employees, and contracts worth less than $100,000 from the prohibition on state contracts with companies that boycott Israel or territories occupied by Israel. A federal court blocked enforcement of HB 2617 in September 2018, finding that the law would likely violate the First Amendment. These amendments, which are designed to remove the plaintiffs challenging the law from its reach, may reduce the number of individuals affected by the law, but fail to resolve the underlying constitutional issues.  

The amended law leaves in place the written certification requirement for state contractors as well as the creation of a blacklist of companies in which state retirement plans are prohibited from investing.  

This anti-boycott law requires state entities to create a blacklist of “businesses and business entities that are publicly traded and not based in the United States” that boycott Israel and territories it occupies. The law prohibits state entities from investing in or contracting with blacklisted entities for contracts of $1,000 or more. It also requires state funds to divest from blacklisted companies. Blacklisted companies can be removed from the blacklist upon written certification that they no longer boycott Israel. Related bills: SF 2281.

This anti-boycott bill requires state entities to create a blacklist of “businesses and business entities that are publicly traded and not based in the United States” that boycott Israel and territories it occupies. The law prohibits state entities from investing in or contracting with blacklisted entities for contracts of $1,000 or more. It also requires state funds to divest from blacklisted companies. Blacklisted companies can be removed from the blacklist upon written notification that they no longer boycott Israel. SF 2281’s companion bill, HF 2331, was passed into law.