Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 35, Title 11 of the 1976 Code is amended by adding:
Section 11-35-5300. (A)
A public entity may not enter into a
contract with a business to acquire or dispose of 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 engage in, the boycott of a person or an entity based in or
doing business with a jurisdiction with whom South Carolina can
enjoy open trade, as defined in this article.
(B) For purposes of
this section:
(1)
'Boycott' means to blacklist, divest from, or otherwise
refuse to deal with a person or firm when the action is based on
race, color, religion, gender, or national origin of the
targeted person or entity. 'Boycott' does not include:
(a)
a decision based on business or economic reasons, or the
specific conduct of a targeted person or firm;
(b)
a boycott against a public entity of a foreign state when
the boycott is applied in a nondiscriminatory manner; and
(c)
conduct necessary to comply with applicable law in the
business's home jurisdiction.
(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 South Carolina 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 if a business fails to meet the requirements of
subsection (A) but offers to provide the goods or services for
at least twenty percent less than the lowest certifying
business. Also, this section does not apply to contracts with a
total potential value of less than ten thousand dollars.
(D) Failure to comply
with a provision of this section is not grounds for a protest
filed pursuant to Section 11-35-4210 or any other preaward
protest process appearing in a procurement ordinance adopted by
a political subdivision pursuant to Section 11-35-50 or
11-35-70, or similar law."
SECTION 2. Section 11-57-40 of the 1976 Code, as added by Act 267 of 2014, is amended to read:
"Section 11-57-40.
This chapter does not apply to a procurement or contract
valued at one ten thousand dollars or
less."
SECTION 3. This act takes effect upon approval by the Governor and does not apply to contracts entered into before the effective date of this act. /
Renumber sections to conform.
Amend title to conform.