Virginia Public Procurement Act; required contract provisions, prohibition. (HB1161)

Introduced By

Sen. John McGuire (R-Glen Allen) with support from co-patron Del. Karen Greenhalgh (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Public Procurement Act; required contract provisions; prohibition on participation in boycott of Israel. Requires all public bodies to include in every contract of more than $10,000 certain provisions, outlined in the bill, related to participation in a boycott of Israel, its instrumentalities, or any of its territories while engaged in commercial activities pursuant to the terms of the contract. The bill also provides that such contractors shall include those same provisions in every subcontract or purchase order of more than $10,000, so that the provisions will be binding upon each subcontractor or vendor. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/14/2022Committee
01/14/2022Presented and ordered printed 22101317D
01/14/2022Referred to Committee on General Laws
01/24/2022Assigned GL sub: Subcommittee #4
01/31/2022Impact statement from DPB (HB1161)
02/15/2022Left in General Laws

Comments

Nancy writes:

This bill is in violation of our First Amendment Right of Free Speech. Please check out a similar bill from the 2016 General Assembly, SB1282. Look at the original wording which is very similar. That bill was opposed by the ACLU. They tried to amend it but it was finally left in committee on the Senate side and it died. The current bill should be actively opposed by those who support Free Speech!

Nancy writes:

I want to clarify my prior statement. I just reread it.

This bill is in violation of our First Amendment Right of Free Speech. Please check out a similar bill from the 2016 General Assembly, SB1282. Look at the original wording which is very similar. That bill was opposed by the ACLU and others. Supporters of this bill tried to amend it but the ACLU position prevailed. It was finally left in committee on the Senate side and it died. The current bill should be actively opposed by those who support Free Speech!

Robin Walker Allman writes:

Mr. McGuire is a patriot, so I am shocked that he would introduce a bill attempting to curtail our rights to the First Amendment. If Free Speech is not protected in the US, what do we stand for? All Virginians who support our US Constitution should seriously consider the effects of this bill and urge our legislature to vote NO.

Waldo Jaquith writes:

This is entirely unenforceable. The word "boycott" is not defined within either the Code of Virginia nor the Administrative Code, and for good cause. It would be impossible to determine whether a business was "boycotting" Israeli businesses or simply not doing business with Israeli companies (as, indeed, almost no Virginia companies do).

Also, yes, as a free expression matter, this is absurd. It's puzzling that Del. McGuire would believe that it's appropriate to force Virginia businesses to do business with any particular foreign corporations. He knows better. I have to assume that this is a "brochure bill"—something that he introduced knowing that it has no chance of becoming law, so that he can brag about having introduced it.