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Overview

Maryland has an anti-boycott executive order in effect that prohibits state executive agencies from entering into procurement contracts with companies, including sole proprietorships, unless they certify in writing that they are not engaged in a boycott of Israel or territories occupied by Israel. In 2014, the legislature adopted an amendment to the budget that opposes BDS and condemns the American Studies Association’s academic boycott of Israel. State lawmakers have proposed multiple anti-boycott bills, which have all been defeated by state-level grassroots organizing.

State Legislation

Legislation
EO 01.01.2017.25
Status
In Effect
In Effect Since
October 2017
Type(s)
Anti-boycott, State Contracts
Full Text
Read EO 01.01.2017.25 

This anti-boycott executive order prohibits executive agencies from entering into procurement contracts with business entities, including sole proprietorships, that engage in boycotts of Israel or territories occupied by Israel. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. The order does not apply to boycotts undertaken “because of the specific conduct of the person or entity,” meaning that boycotts for Palestinian rights targeting entities complicit in Israel’s violations would be excluded. Governor Hogan adopted the order following the failure of several legislative efforts targeting boycotts for Palestinian rights. A legal challenge to the executive order was dismissed after a judge found the plaintiff lacked standing.

Legislation
SB 170
Status
In Effect
In Effect Since
July 2014
Type(s)
Anti-boycott
Full Text
Read SB 170 

This anti-boycott defunding provision declares that it is the policy of the state to oppose public institutions’ support for boycotts for Palestinian rights and to condemn the American Studies Association’s boycott of Israeli academic institutions. The Maryland legislature adopted the provision as an amendment to its 2015 budget. The provision was introduced following a resolution by the Asian American Studies Association and American Studies Association endorsing the boycott of Israeli academic institutions complicit in Israel’s human rights violations. Standalone bills (HB 998 and SB 647) were introduced during this session that would have imposed penalties on public higher education institutions that directly or indirectly provided funds to entities that supported academic boycotts; these bills failed to pass.  

Defeated Legislation

Legislation
HB 998
Status
Defeated
Defeated On
April 2014
Type(s)
Anti-boycott, Defunding
Full Text
Read HB 998 

This anti-boycott defunding bill prohibits public higher education institutions using funds to provide for membership in or travel to meetings of academic entities that engage in or support academic boycotts. Public institutions of higher education that violate this measure will have their state funding reduced by 3% the following year. The bill was introduced following resolutions by the Asian American Studies Association and American Studies Association endorsing the boycott of Israeli academic institutions complicit in Israel’s human rights violations. Related legislation: SB 647.

Defeated Legislation

Legislation
SB 647
Status
Defeated
Defeated On
April 2014
Type(s)
Anti-boycott, Defunding
Full Text
Read SB 647 

This anti-boycott defunding bill prohibits public higher education institutions using funds to provide for membership in or travel to meetings of academic entities that engage in or support academic boycotts. Public institutions of higher education that violate this measure will have their state funding reduced by 3% the following year. The bill was introduced following resolutions by the Asian American Studies Association and American Studies Association endorsing the boycott of Israeli academic institutions complicit in Israel’s human rights violations. Related legislation: HB 998.

Defeated Legislation

Legislation
HB 949
Status
Defeated
Defeated On
April 2017
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
Read HB 949 

This anti-boycott bill prohibits state investment in and state contracts with individual vendors and companies participating in a boycott of Israel or territories occupied by Israel. The bill requires the creation of a blacklist of entities engaged in prohibited boycotts. Contractors must provide written certification that they are not on the blacklist and are not engaging in prohibited boycotts. State retirement funds are prohibited from investing in blacklisted entities. Civil rights groups and state-level advocates, including the Freedom to Boycott in Maryland coalition, helped defeat the bill. Related bill: SB 739.

Defeated Legislation

Legislation
SB 739
Status
Defeated
Defeated On
April 2017
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
Read SB 739 

This anti-boycott bill prohibits state investment in and state contracts with individual vendors and companies participating in a boycott of Israel or territories occupied by Israel. The bill requires the creation of a blacklist of entities engaged in prohibited boycotts. Contractors must provide written certification that they are not on the blacklist and are not engaging in prohibited boycotts. State retirement funds are prohibited from investing in blacklisted entities. Civil rights groups and state-level advocates, including the Freedom to Boycott in Maryland coalition, helped defeat the bill. Related bill: HB 949.

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