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Overview

California has an anti-boycott law (AB 2844) in effect that prohibits state contracts with businesses that apply political boycotts in a discriminatory manner. Though clearly the target of the law, boycotts for Palestinian rights based on an entity’s complicity in Israel’s violations fall outside its scope. Grassroots activists and civil rights groups, raising constitutional concerns, pressured lawmakers to revise earlier versions that punished boycotts for justice. Several other anti-boycott bills have been proposed, but have failed to pass.

State Legislation

Legislation
AB 2844
Status
In Effect
In Effect Since
August 2016
Type(s)
Anti-boycott, State Contracts
Full Text
Read AB 2844 

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.

Defeated Legislation

Legislation
AB 1552
Status
Defeated
Defeated On
November 2016
Type(s)
Anti-boycott, State Contracts
Full Text
Read AB 1552 

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. 

Defeated Legislation

Legislation
AB 1551
Status
Defeated
Defeated On
November 2016
Type(s)
Anti-boycott, State Investments
Full Text
Read AB 1551 

AB 1551 is an anti-boycott bill that prohibits the investment of state funds, including state retirement funds, in businesses and financial institutions engaged in “discriminatory business practices in furtherance of or in compliance with” politically-motivated boycotts of Israel or territories occupied by Israel. To identify entities engaged in prohibited boycotts, the bill requires the state to rely on a federal report on BDS activities, but no such report existed at the time this bill was introduced. AB 1551 absolves a financial institution or business from the bill’s investment ban if the entity’’s governing body adopts prescribed language promising not to renew, expand, or engage in prohibited practices. 

Local Legislation

Legislation
Resolution 15-0002-S150
Locality
Los Angeles
Status
Passed
Date Passed
June 2016
Full Text
Read Resolution 15-0002-S150 

This non-binding resolution offers the city council’s support for state legislation, AB 2844. The bill, titled at the time of this resolution, the California Combating the Boycott, Divestment, and Sanctions of Israel Act of 2016, was rewritten several times and whittled down following pressure from grassroots activists and after civil rights groups raised concerns that it unconstitutionally punished political speech.

Legislation
Resolution 18-0002-S128
Locality
Los Angeles
Status
Passed
Date Passed
November 2018
Full Text
Read Resolution 18-0002-S128 

This non-binding resolution offers the city council’s support for any administrative action that would ban or cancel the National Students for Justice in Palestine Conference from being held on UCLA’s campus. The resolution cites the IHRA’s distorted definition of antisemitism and falsely accuses NSJP of violence in support of its call for censorship. The NSJP Conference went forward as planned. 

Defeated Legislation

Legislation
Resolution 14-0002-S67
Locality
Los Angeles
Status
Defeated
Defeated On
May 2016
Full Text
Read Resolution 14-0002-S67 

This non-binding resolution expresses the city council’s opposition to student activist efforts calling on candidates for undergraduate student government at UCLA to sign a pledge to not take trips to Israel that are sponsored by the American Israel Public Affairs Committee (AIPAC) and the Anti-Defamation League (ADL). The resolutions claims that students who refused to sign the pledge were the subject of bullying tactics and intimidation. It states that these efforts do “not concern a policy issue relevant to the University” and calls on the University of California (UC) Board of Regents and President of the UC system to take additional action to stop such efforts.

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