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Overview

South Dakota has an anti-boycott executive order in effect and has passed a number of non-binding resolutions condemning boycotts for Palestinian rights. In January 2020, South Dakota governor Kristi Noem signed an executive order that prohibits executive branch agency contracts unless they contain a written certification that contractors have not engaged in boycotts of Israel related to the subject matter of the contract. South Dakota lawmakers have passed several resolutions affirming their support for Israel, including its continued occupation of the West Bank, and condemning boycotts for Palestinian rights. These resolutions frequently employ Old Testament justifications for Israel’s actions, relying on fundamentalist and Christian Zionist tropes.

State Legislation

Legislation
EO 2020-01
Status
In Effect
In Effect Since
January 2020
Type(s)
Anti-boycott, State Contracts
Full Text
Read EO 2020-01 

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. 

Defeated Legislation

Legislation
HB 1206
Status
Defeated
Defeated On
March 2019
Type(s)
Anti-boycott, State Investments
Full Text
Read HB 1206 

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.

Resolutions

Legislation
HCR 1005
Status
Passed
Date Passed
February 2019
Full Text
Read HCR 1005 

HCR 1005 is a non-binding resolution that condemns boycotts for Palestinian rights, condemns academic boycotts of Israel, labels the boycott movement as damaging to peace, and affirms South Dakota’s support for Israel. The resolution falsely claims that boycotts for Palestinian rights are a vehicle for spreading antisemitism and have resulted in intimidation of Jewish students on college campuses. Making multiple references to the Old Testament in justifying state support for Israel, the resolution calls on Congress and the president to condemn BDS and respond to “hostile actions against Israel by all means necessary.” 

Legislation
HCR 1014
Status
Passed
Date Passed
February 2017
Full Text
Read HCR 1014 

Affirming South Dakota’s support for Israel, including its occupation of the West Bank, this non-binding resolution targets efforts to seek accountability via the United Nations for Israel’s ongoing violations of international law. It calls for opposing UN Security Council Resolution 2334 “by all means necessary” for contributing to BDS efforts and for making “direct negotiations more, not less, challenging.” UN Security Council Resolution 2334 reaffirmed that Israel’s illegal settlements constitute a flagrant violation of international law. The US broke from its practice of blocking UN accountability measures focused on Israel and abstained rather than vetoing the resolution, causing consternation among pro-Israel groups. HCR 1014 falsely claims that boycotts for Palestinian rights are one of the main drivers of antisemitism and have resulted in intimidation of Jewish students. Making multiple references to the Old Testament in justifying state support for Israel, the resolution declares that “Israel has been granted her lands under and through the oldest recorded deed.” 

Legislation
HCR 1017
Status
Passed
Date Passed
March 2016
Full Text
Read HCR 1017 

HCR 1017 is a non-binding resolution affirming South Dakota’s relationship with Israel and Israel’s right to exist. The resolution falsely claims that boycotts for Palestinian rights are one of the main drivers of antisemitism and have resulted in intimidation of Jewish students. Making multiple references to the Old Testament in justifying state support for Israel, the resolution declares that Israel “is neither an attacking force or an occupier of the lands of others.” 

Legislation
HCR 6005
Status
Passed
Date Passed
March 2020
Full Text
Read HCR 6005 

HCR 6005 is a non-binding resolution affirming Israel’s right to exist and South Dakota’s relationship with Israel. One of its preambulatory clauses claims that boycotts for Palestinian rights are one of the main vehicles advocating the elimination of Israel as a Jewish state. Other preambulatory clauses insist that the West Bank and East Jerusalem belong to Israel and that God promised Israel its land in Genesis of the Old Testament. Earlier versions falsely claimed that boycotts for Palestinian rights are a primary driver of antisemitism and result in intimidation of Jewish college students. Related legislation: HCR 8004.

Defeated Legislation

Legislation
HCR 8004
Status
Defeated
Defeated On
March 2020
Full Text
Read HCR 8004 

HCR 8004 is a non-binding resolution affirming Israel’s right to exist and South Dakota’s relationship with Israel. The resolution falsely claims that boycotts for Palestinian rights are one of the main drivers of antisemitism and have resulted in intimidation of Jewish students on college campuses. The resolution declares that Israel “is neither an attacking force or an occupier of the lands of others.” Related legislation: HCR 6005.

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