HF 400

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 02/20/2017 03:40pm

A bill for an act
relating to state contracts; requiring that the vendor not engage in discrimination
against Israel; proposing coding for new law in Minnesota Statutes, chapter 16C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [16C.053] CERTAIN CONTRACTS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Discrimination by vendor. new text end

new text begin (a) A state agency, including the Minnesota
State Colleges and Universities, and entities in the legislative branch may not enter into a
contract with a vendor that engages in discrimination against Israel, or against persons or
entities doing business in Israel, when making decisions related to the operation of the
vendor's business. A contract must include terms that require the vendor to certify compliance
with this section, and which permit immediate termination of the contract, without penalty,
if the state agency or legislative entity determines that the vendor's business practices do
not comply with this section after the contract is entered.
new text end

new text begin (b) For purposes of this section, "discrimination" includes but is not limited to engaging
in refusals to deal, terminating business activities, or other actions that are intended to limit
commercial relations with Israel, or persons or entities doing business in Israel, when such
actions are taken:
new text end

new text begin (1) in compliance with or in adherence to calls for discrimination against Israel or a
boycott of Israel, other than those boycotts to which United States Code Appendix, title 50,
section 2407(c), applies; or
new text end

new text begin (2) in a manner that in any way discriminates on the basis of nationality or national
origin and is not based on a valid business reason.
new text end

new text begin Subd. 2. new text end

new text begin Exemption; commissioner may waive. new text end

new text begin (a) This section does not apply to
contracts with a value of less than $1,000.
new text end

new text begin (b) The commissioner may waive application of this section on a contract if the
commissioner determines that compliance is not practicable or in the best interests of the
state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017, and applies to contracts
entered into on or after that date.
new text end

Sec. 2. new text begin COST OF IMPLEMENTATION.
new text end

new text begin Any costs incurred by the commissioner of administration in implementing the
requirements of section 1 must be paid using existing appropriations provided to the
commissioner by law.
new text end