Pennsylvania

Further providing for unlawful discriminatory practices; and providing for unlawful discriminatory practices against certain religions.

This anti-boycott bill prohibits state contracts with companies, including sole proprietorships, that boycott Israel. While the preambular language makes clear that the bill targets boycotts for Palestinian rights, the operative language is more general, prohibiting boycotts of “a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce.” The bill requires contractors to provide a written certification that they are not currently engaged in such discriminatory boycotts and will not engage in such boycotts for the duration of the contract. To register as a vendor with the state, companies must provide a certification form indicating that they are eligible to contract with the state under the terms of this bill. The penalty for false certification is the greater of $250,000 or twice the amount of the contract. The bill provides an exception for contracts below an annually adjusted “small purchase” threshold (around $20,000 in 2020). The bill defines boycotts as those “based on race, color, religion, gender or national affiliation or origin of the targeted person or entity.” Related Legislation: HB 1986.

This anti-boycott law prohibits state contracts with persons, including individuals, for-profit companies, and multilateral development organizations, that engage in a boycott against or divestment from Israel. The law requires the creation of a blacklist of persons engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted persons. Contractors must provide written certification that they are not on the blacklist and are eligible to contract with the state under the terms of this bill. The penalty for false certification is the greater of $250,000 or twice the amount of the contract in addition to a 3-year suspension of the contract. The bill defines boycotts as “[a]ctions that are politically motivated and are intended to penalize Israel or otherwise limit commercial activities.” A similar bill (HB 1986) failed to pass in the previous session.

This anti-boycott bill prohibits state investments in companies that boycott Israel or companies based in Israel or territories occupied by Israel. The bill calls for the creation of a blacklist of foreign companies that engage in such boycotts and requires state retirement funds and state funds of which the treasurer is custodian to divest direct holdings from blacklisted companies. The bill makes exceptions for companies providing humanitarian aid. A similar bill (HB 1987) failed to pass in the previous session.

This anti-boycott bill prohibits state investments in companies that boycott Israel or companies based in Israel or territories occupied by Israel. The bill calls for the creation of a blacklist of foreign companies that engage in such boycotts and requires state retirement funds and state funds of which the treasurer is custodian to divest direct holdings from blacklisted companies. The bill makes exceptions for companies providing humanitarian aid.

This anti-boycott law prohibits state contracts with persons, including individuals, for-profit companies, and multilateral development organizations, that engage in a boycott against or divestment from Israel. The law requires the creation of a blacklist of persons engaged in prohibited boycotts. State agencies may not enter into contracts with blacklisted persons. Contractors must provide written certification that they are not on the blacklist and are eligible to contract with the state under the terms of this bill. The penalty for false certification is the greater of $250,000 or twice the amount of the contract in addition to a 3-year suspension of the contract. The bill defines boycotts as “[a]ctions that are politically motivated and are intended to penalize Israel or otherwise limit commercial activities.” Related Legislation: HB 2107.

HB 1018 is an anti-boycott defunding bill that prohibits state funding to institutions of higher education that engage in boycotts or divestment efforts against Israel. The bill was introduced following resolutions by the Asian American Studies Association and American Studies Association endorsing the boycott of Israeli academic institutions complicit in Israel’s human rights violations. 

SR 136 is a non-binding resolution condemning boycotts for Palestinian rights and academic boycotts, in particular. The resolution falsely claims that boycotts for Palestinian rights have contributed to rising antisemitism and have resulted in intimidation of Jewish students on college campuses. The resolution urges the state attorney general to explore whether BDS efforts violate state laws, including those related to antitrust, hate crimes, business torts, and other matters. Related Legislation: HR 370.

HR 370 is a non-binding resolution condemning boycotts for Palestinian rights and academic boycotts, in particular. The resolution falsely claims that boycotts for Palestinian rights have contributed to rising antisemitism and have resulted in intimidation of Jewish students on college campuses. Related Legislation: SR 136.

HR 627 is a non-binding resolution that condemns the American Studies Association’s 2013 resolution endorsing the boycott of Israeli academic institutions complicit in Israel’s violations of international law. The resolution notably and falsely labels the ASA’s boycott “an intolerable, anti-Semitic, base form of bigotry and hatred” and calls on all of Pennsylvania’s colleges and universities not to participate in academic boycotts. Related Legislation: SR 279.

This non-binding resolution condemns BDS, finding it “to be an antisemitic political movement.” The resolution falsely links boycotts for Palestinian rights with rising antisemitism, referencing the Pittsburgh synagogue shooting carried out by a white nationalist. The resolution calls on all states to adopt anti-boycott laws like the one that Pennsylvania has in effect (HB 2107).

SR 279 is a non-binding resolution that condemns the American Studies Association’s 2013 resolution endorsing the boycott of Israeli academic institutions complicit in Israel’s violations of international law. The resolution notably and falsely labels the ASA’s boycott “an intolerable, anti-Semitic, base form of bigotry and hatred” and calls on all of Pennsylvania’s colleges and universities not to participate in academic boycotts. Related Legislation: HR 627.