Anti-boycott

SB 491 amends Texas’ 2017 anti-boycott law (HB 89) 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 persons or entities doing business in Israel or territories it occupies. A federal court blocked enforcement of HB 89 in April 2019, 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. Related Bill: HB 793 (passed).

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. Related bills: HB 89 (passed), SB 134.

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. Related bills: HB 89 (passed), SB 29.

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. Related bill: HB 2142.

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. Related Bill: SB 1727.

This anti-boycott executive order prohibits contracts with executive branch agencies unless contractors provide written certification that they have not engaged in boycotts of Israel related to the subject matter of the contract. Contractors that engage in such boycotts during the contract term may risk having their contracts terminated. The order provides an exception for companies with less than five employees and contracts under $100,000. 

HB 1206 is an anti-boycott bill that prohibits state investments in companies that “have economic prohibitions against Israel.” The bill calls for the creation of a blacklist of such scrutinized companies and requires the State Investment Council to divest from blacklisted companies. The bill amends South Dakota’s Iran Sanctions Act of 1996.

This anti-boycott bill prohibits state contracts with businesses unless they provide a written certification that they are not and will not engage in a boycott of “a person or an entity based in or doing business with a jurisdiction with whom South Carolina can enjoy open trade.” The bill provides exceptions for bids at least 20% less than other bids and excludes contracts worth less than $10,000. Because H3583 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 bill prohibits state contracts with businesses engaged in discriminatory boycotts based on “race, color, religion, gender, or nationality of the targeted person, firm, entity or public entity of a foreign state.” 

This anti-boycott bill prohibits state contracts with businesses unless they provide a written certification that they are not and will not engage in a boycott of persons or entities based in or doing business with or agencies of “a jurisdiction with whom the state can enjoy open trade.” The bill provides exceptions for bids at least 20% less than other bids and excludes contracts worth less than $10,000. Because H7736 defines boycotts as those “based on race, color, religion, gender, or nationality” of the targeted entity, boycotts for justice fall outside its scope. 

This anti-boycott bill prohibits state contracts with companies, including sole proprietorships, that boycott Israel. While the preambular language makes clear that the bill targets boycotts for Palestinian rights, the operative language is more general, prohibiting boycotts of “a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce.” The bill requires contractors to provide a written certification that they are not currently engaged in such discriminatory boycotts and will not engage in such boycotts for the duration of the contract. To register as a vendor with the state, companies must provide a certification form indicating that they are eligible to contract with the state under the terms of this bill. The penalty for false certification is the greater of $250,000 or twice the amount of the contract. The bill provides an exception for contracts below an annually adjusted “small purchase” threshold (around $20,000 in 2020). The bill defines boycotts as those “based on race, color, religion, gender or national affiliation or origin of the targeted person or entity.” Related Legislation: HB 1986.