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HF 400

4th Engrossment - 90th Legislature (2017 - 2018) Posted on 02/20/2018 12:22pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/23/2017
1st Engrossment Posted on 02/09/2017
2nd Engrossment Posted on 02/16/2017
3rd Engrossment Posted on 02/24/2017
4th Engrossment Posted on 04/27/2017
Unofficial Engrossments
1st Unofficial Engrossment Posted on 03/03/2017

Current Version - 4th Engrossment

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A bill for an act
relating to state contracts; requiring that the vendor not engage in discrimination
against Israel; amending Minnesota Statutes 2016, section 16C.06, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters 3; 16C.

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

Section 1.

new text begin [3.226] CONTRACTS WITH VENDORS WHO DISCRIMINATE
AGAINST ISRAEL 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) The legislature 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.
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 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; legislature 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 legislature may waive application of this section on a contract if the legislature
determines that compliance is not practicable or in the best interests of the state.
new text end

new text begin Subd. 3. new text end

new text begin Relation to existing law. new text end

new text begin This section does not prohibit a vendor from engaging
in free speech or expression protected under the First Amendment of the United States
Constitution or the Constitution of the state of Minnesota.
new text end

Sec. 2.

new text begin [3.227] CERTIFICATION OF COMPLIANCE WITH THIS CHAPTER.
new text end

new text begin The legislature shall require that the terms of any contract include a certification of the
vendor's compliance with all requirements of this chapter in entering and executing the
contract.
new text end

Sec. 3.

new text begin [16C.053] CONTRACTS WITH VENDORS WHO DISCRIMINATE
AGAINST ISRAEL 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 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.
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 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 Subd. 3. new text end

new text begin Relation to existing law. new text end

new text begin This section does not prohibit a vendor from engaging
in free speech or expression protected under the First Amendment of the United States
Constitution or the Constitution of the state of Minnesota.
new text end

Sec. 4.

Minnesota Statutes 2016, section 16C.06, is amended by adding a subdivision to
read:


new text begin Subd. 12. new text end

new text begin Certification of compliance with this chapter. new text end

new text begin The commissioner shall
require that the terms of any contract include a certification of the vendor's compliance with
all requirements of this chapter in entering and executing the contract.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1, 2, 3, and 4 are effective July 1, 2017, and apply to contracts entered into on
or after that date.
new text end