HB 279 is an anti-boycott bill that prohibits state contracts with and state investment in companies that boycott Israel or territories occupied by Israel. For contracts worth more than $50,000, contractors must provide written certification that they are not and will not for the duration of the contract engage in boycotts of Israel.
EO 261 is an anti-boycott executive order that prohibits state contracts with business entities that boycott Israel and allows state agencies to terminate a contract with a business entity that boycotts Israel during the term of the contract.
AB 553 is an anti-boycott law that prohibits state contracts valued at $100,000 or more with companies, including sole proprietorships, that boycott Israel or territories it occupies. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. It also prohibits state agencies or local governmental units from boycotting Israel, a provision aimed at discouraging divestment campaigns at public universities. The legislation codifies and narrows the governor’s 2017 executive order (EO 261). Related legislation: SB 450.
SB 450 is an anti-boycott bill that prohibits state contracts with persons that boycott Israel or territories it occupies. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. It also prohibits state agencies or local governmental units from boycotting Israel, a provision aimed at discouraging divestment campaigns at public universities. An amendment changed “persons” to “companies,” defined as including sole proprietorships, and limited the application of the bill to contracts valued at $100,000 or more. Related legislation: AB 553 (passed).
HB 4674 is an anti-boycott bill that 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 it occupies. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. The bill also calls for the creation of a blacklist of companies that boycott Israel and requires the state treasurer and state retirement systems to divest from companies on the list. HB 4674 also prohibits public entities from adopting policies that have “the effect of inducing or requiring a person or company to boycott Israel,” in an effort to target divestment or other BDS campaigns at public universities.
The introduced version of this anti-boycott bill prohibited state contracts above $10,000 unless the contractor provided written certification that the contractor would not engage in a boycott of Israel for the duration of the contract or hire subcontractors engaged in such boycotts. The bill was later amended and watered down to direct the Secretary of Commerce and Trade to work with the Virginia-Israel Advisory Board to implement practices to “ensure free, fair, open, and consistent business practices” related to BDS. Advocacy and pressure from grassroots activists, including the Freedom2Boycott – Virginia coalition (the predecessor of the Virginia Coalition for Human Rights), helped defeat the bill.
SB 219 is an anti-boycott bill prohibiting public entities from contracting with persons that boycott Israel. Contractors must provide a written certification that they do not and will not for the duration of the contract engage in a boycott of Israel. The bill excludes contracts whose total value is less than $100,000, contractors that have fewer than 10 employees, and those that bid at least 20% less than other bidders. The version that was introduced also applied to boycotts of illegal Israel settlements, language that was deleted in committee.
HB 488 is an anti-boycott bill prohibiting public entities from contracting with companies, including sole proprietorships, that boycott Israel or Israel’s illegal settlements. This bill requires contractors to sign a written certification stating that they are not currently engaged nor will they engage in boycotts of Israel or territories occupied by Israel for the duration of the contract. It excludes contracts whose total value is less than $100,000, contractors with fewer than 10 employees, and those that bid at least 20% less than other bidders. The bill also prohibits public entities from engaging in such boycotts in an effort to target divestment or other BDS campaigns at public universities. Because HB 488 excludes boycotts based on the specific conduct of a targeted entity and those applied in a nondiscriminatory manner, boycotts for justice fall outside its scope.
This anti-boycott law prohibits state contracts with entities that apply political boycotts in a discriminatory manner. Contractors bidding on or renewing contracts of $100,000 or more must provide written certification that they are in compliance with pre-existing California anti-discrimination laws and that any policy they have against a sovereign nation or peoples, “including, but not limited to, the nation and people of Israel,” is not used to discriminate in violation of those anti-discrimination laws. Boycotts for Palestinian rights based on an entity’s complicity in Israel’s violations do not discriminate against a protected class and thus fall outside the scope of the bill. However, the lawmakers who put forward these bills have stated their intent to exclude individuals and companies engaged in boycotts for Palestinian rights from state contracts.
Since it was first introduced, AB 2844 was rewritten several times. Called the “California Combating the Boycott, Divestment, and Sanctions of Israel Act of 2016,” earlier versions of AB 2844 blacklisted and prohibited state contracts with companies participating in a boycott of Israel. The bill was whittled down following pressure from grassroots activists and after civil rights groups raised concerns that it unconstitutionally punished political speech.
AB 1552 is an anti-boycott bill prohibiting state contracts unless contractors provide a written certification that they are not and will not for the duration of the contract engage in “the boycott of a person or entity based in or doing business with a jurisdiction with which the state can enjoy open trade.” This bill excludes contracts whose total value is less than $10,000 and those that bid at least 20% less than other bidders. Because AB 1552 only applies to boycotts undertaken on a discriminatory basis, boycotts for Palestinian rights fall outside its scope. Despite this and the fact that Israel is not explicitly referenced, the lawmakers who put forward this bill have stated their intent to exclude individuals and companies engaged in boycotts for Palestinian rights from state contracts.
