Amendment #173 to H4461

Prohibiting Contracting with Discriminatory Businesses

Representatives McMurtry of Dedham, Kafka of Stoughton, Balser of Newton, Roy of Franklin, Ehrlich of Marblehead and Dykema of Holliston move to amend the bill by adding the following new section:

Section X.

Amend Chapter 30b, by adding the following section:

(a) A public entity may not enter into a contract with a business to acquire or dispose of goods, supplies, services, information technology, or construction unless the contract includes a representation that the business is not currently engaged in, and an agreement that the business will not during the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with whom Massachusetts can enjoy open trade, as defined in this article, and/or the boycott of any public agencies, entities, or instrumentalities of the jurisdiction with whom the state can enjoy open trade.

(b) For purposes of this section:

(1) "Boycott" means to blacklist, divest from, or otherwise refuse to deal with a person, firm or entity, or a public entity of a foreign state, when the action is based on race, color, creed, religion, sex, national origin or foreign trade relationships of the targeted person or entity. "Boycott" does not include:

(i) a decision based on business or economic reasons

(ii) a boycott against a public entity of a foreign state when the boycott is applied in a non-discriminatory manner; and

(iii) a boycott or divestment of a particular jurisdiction that is authorized or required by federal or state law.

(2) "Public entity" means the State, or any political subdivision of the State, including a school district or agency, department, institution, or other public entity of them.

(3) A "jurisdiction with whom Massachusetts can enjoy open trade" includes World Trade Organization members and those with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations.

(c) This section does not apply to contracts with a total potential value of less than ten thousand dollars.

(d) This act does not apply to contracts entered into before the effective date of this section.