Amendment #979 to H4400

An Act prohibiting discrimination in state contracts

Mr. Howitt of Seekonk moves to amend the bill by adding the following section:-

“SECTION XX. Amend Chapter 30b, by adding the following section:

Section 24: Prohibition of Discrimination in State Contracts

A)A person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of ten thousand dollars ($10,000) or more shall certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed, all of the following:

(1)They are in full compliance with Massachusetts Anti-Discrimination Laws (MGL c. 151b, MGL c. 151e, MGL c.149, s.105A-C, MGL c.272, s.92A, MGL c.272, s.98, St.2016, c.177 (effective July 2018); and

(2)They do not currently, and will not during the duration of the contract, refuse, fail, or cease to do business with any other person when that action is based upon such other person’s race, color, creed, religion, sex, national origin, gender identity or sexual orientation.

B) Any policy adopted by a person or actions taken thereunder that are reasonably necessary to comply with federal or state sanctions or laws affecting sovereign nations or their nationals shall not be construed as unlawful discrimination in violation of Massachusetts Anti-Discrimination Laws.

C) Violation of this Section shall result in rescission of the contract."