HB 239: "An Act relating to contracts with public agencies; and relating to the State of Israel."
00 HOUSE BILL NO. 239 01 "An Act relating to contracts with public agencies; and relating to the State of Israel." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 SHORT TITLE. This Act may be known as the Israel Anti-Discrimination Act. 06 * Sec. 2. AS 36.90 is amended by adding a new section to read: 07 Sec. 36.90.310. Contract provision prohibiting discrimination against the 08 State of Israel. (a) A public agency shall include in a contract to acquire or dispose of 09 services or supplies for the public agency a provision stating that the person with 10 whom the public agency is contracting is not engaging in, and will not engage in 11 during the contract, a business activity that 12 (1) does not have a valid business reason; 13 (2) is a refusal to do business, a termination of business, or another 14 action that is intended to limit business relations with the State of Israel, with a person 15 doing business in or with the State of Israel, or with a person authorized, licensed, or
01 organized to do business by the State of Israel; and 02 (3) is performed in 03 (A) response to a request to withdraw from or not participate in 04 business with the State of Israel; or 05 (B) a manner that discriminates on the basis of nationality, 06 national origin, or religion. 07 (b) A contract described in (a) of this section must include a statement that 08 reads "This provision is not intended to diminish or infringe on a right protected by the 09 Constitution of the State of Alaska or the First Amendment to the Constitution of the 10 United States." 11 (c) A contract that does not comply with (a) and (b) of this section is void as 12 against public policy. 13 (d) A statement by a person who has contracted with a public agency under (a) 14 of this section that the person is participating in a boycott of the State of Israel may be 15 considered to be evidence that the person is violating (a) of this section. 16 (e) This section is not intended to infringe on a right protected by the 17 Constitution of the State of Alaska or the First Amendment to the Constitution of the 18 United States. 19 (f) If a provision of this section conflicts with a state, federal, or local law 20 against discrimination, the state, federal, or local law governs. 21 (g) This section does not apply to a contract between a public agency and a 22 person if 23 (1) the person has fewer than 10 employees; or 24 (2) the amount to be paid under the contract, excluding renewals and 25 options available under the contract, is less than $100,000. 26 (h) The commissioner of administration may adopt regulations to implement 27 this section, but the regulations may not establish an exception to the operation of this 28 section. 29 (i) In this section, 30 (1) "person" includes a for-profit or nonprofit organization, 31 association, corporation, partnership, joint venture, limited partnership, limited
01 liability partnership, limited liability company, or other entity, or a wholly owned 02 subsidiary, majority-owned subsidiary, parent company, or affiliate of the entity, but 03 does not include a natural person; 04 (2) "services or supplies" includes construction services and 05 information technology services and products. 06 * Sec. 3. AS 36.95.010 is amended by adding a new paragraph to read: 07 (8) "public agency" means a department, institution, board, 08 commission, division, authority, public corporation, committee, school district, 09 political subdivision, or other administrative unit of a municipality, of a political 10 subdivision, or of the executive or legislative branch of state government, including 11 the University of Alaska, the Alaska Aerospace Corporation, the Alaska Housing 12 Finance Corporation, the Alaska Industrial Development and Export Authority, the 13 Alaska Energy Authority, the Alaska Railroad Corporation, and a regional educational 14 attendance area. 15 * Sec. 4. AS 36.90.300(c)(4) is repealed. 16 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY: CONTRACTS. This Act applies to a contract entered into on or 19 after the effective date of this Act.