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SF 247

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/06/2017 08:37am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - 1st Engrossment

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A bill for an act
 relating to state contracts; requiring that the vendor not engage in a boycott of
Israel; 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. A contract must require the vendor to certify compliance with this section,
and must permit immediate termination of the contract, without penalty, if the legislature
determines that the vendor discriminates against Israel or against persons or entities doing
business in Israel 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; 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.
 new text end

Sec. 2.

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. A contract must require the vendor to certify compliance with this section,
and must permit immediate termination of the contract, without penalty, if the state agency
determines that the vendor discriminates against Israel or against persons or entities doing
business in Israel 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 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.
 new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

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