HB2933 S GOV AM #1 4-5

Childs  7502

The Committee on Government Organization moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION

ARTICLE 3. PURCHASING DIVISION.

§5A-3-63. Prohibition on contracting with companies that boycott Israel.

(a) The Legislature finds that:

(1) The State of West Virginia has an economic and a humanitarian obligation to denounce and reject the Boycott, Divestment, and Sanctions Movement against Israel, and to prevent the state or any of its instrumentalities from investing in companies that engage in the movement;

(2) The State of Israel is one of the United States’ closest allies and international trading partners; and

(3) In recent years, the State of Israel and Israeli-owned businesses have been the target of boycotts that attempt to isolate Israel within the international community have served as a vehicle for spreading anti-Semitism and advocating for the elimination of the Jewish State of Israel.

(b) Definitions. – For the purposes of this section:

(1) “Boycott of Israel” means engaging in actions that are intended to penalize, inflict economic harm on, or otherwise limit commercial relations with the State of Israel or companies based in the State of Israel or in territories controlled by the State of Israel.

(2) “Company” means a corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, organization, association, or any other business entity that has 10 or more employees and operates to earn a profit: Provided, That the term does not include a sole proprietorship.

(3) “Public entity” means the state of West Virginia, or any political subdivision thereof, including any department, agency, board, commission, institution, spending unit, or instrumentality of the state or a political subdivision: Provided, That an exemption from any other provision of this chapter does not exempt a public entity from the requirements of this section.

(c) A public entity may not enter into a contract for goods or services with a restricted company, as defined in §12-9-1 of this code.

(d) Effective July 1, 2022, a public entity may not enter into a contract with a company for goods or services valued at $100,000 or more unless the contract includes a written certification that the company is not currently engaged in, and will not for the duration of the contract, engage in a boycott of Israel.

(d) Any contract that violates the requirements of this section shall be void as against public policy.

(e) The Director of the Purchasing Division is authorized to promulgate legislative rules, including emergency rules, to implement the provisions of this section.

Adopted

Rejected