Public Comments for 02/01/2022 General Laws - Procurement/Open Government
HB119 - Public-Private Competition Act; created, repeals Competitive Government Act, etc.
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The city has chosen ONE as a gaming host. This bill is identical to Morrissey's SB203 which puts limits on a casino referendum in Richmond for five years. We in the city of Richmond feels as Mr. Morrissey have committed MUTINY on us. We see this bill (HB-1134) only as a designed to remove Richmond city from becoming a host city, which in the end becomes Richmond being remove indefinite. PLEASE VOTE NO to HB-1134.
HB374 - Virginia Public Procurement Act; construction contracts, requirement to submit list.
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HB429 - Virginia Public Procurement Act; architectural and professional engineering term contracting.
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HB438 - Virginia Public Procurement Act; architectural and professional engineering term contracting.
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HB488 - Contracts with government agencies for public works; agreements with labor organizations.
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HB705 - Virginia Public Procurement Act; authority for localities to use cooperative procurement.
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Good afternoon Mr. Chairman and members of the Subcommittee, I am speaking on behalf of the Virginia Association of Roofing Professionals and the International Institute of Building Envelope Consultants, Virginia Chapter Both VARP and IIBEC stand opposed to HB 705. The attached talking points describe the bi-partisan manner in which Construction has been excluded from Cooperative Procurement in 2016 and in the following years any changes have been defeated in a bi-partisan manner. In short, the prohibition comes as Cooperative Procurement for Construction: Lacks Transparency, Limits opportunities for business', SWAM, non-SWAM, MBE, non-MBE, etc... and ultimately this procurement costs more than a traditional procurement. VARP stands opposed to HB 881. Our principal objections and opposition is that the bill does not actually remedy the issue at hand. We believe the issue is important and ALL stakeholders should gather post session to seek to work the issues out. The bill in its current format does not do anything to prohibit the bad actors and it does actually speed up the subcontractor receiving funds. Members of the committee, we appreciate your time and consideration in these matters and hope that you will oppose these two (2) bills.
HB816 - Va. Public Procurement Act; any bid or offer under Act to identify all subcontractors.
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HB817 - Grants and public procurement; grants or contracts issued by Governor, state agency, etc.
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HB818 - Virginia Public Procurement Act; prompt payment of bills by state agencies, etc.
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HB881 - Contracts; payment clauses to be included, right to payment of subcontractors.
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Good afternoon Mr. Chairman and members of the Subcommittee, I am speaking on behalf of the Virginia Association of Roofing Professionals and the International Institute of Building Envelope Consultants, Virginia Chapter Both VARP and IIBEC stand opposed to HB 705. The attached talking points describe the bi-partisan manner in which Construction has been excluded from Cooperative Procurement in 2016 and in the following years any changes have been defeated in a bi-partisan manner. In short, the prohibition comes as Cooperative Procurement for Construction: Lacks Transparency, Limits opportunities for business', SWAM, non-SWAM, MBE, non-MBE, etc... and ultimately this procurement costs more than a traditional procurement. VARP stands opposed to HB 881. Our principal objections and opposition is that the bill does not actually remedy the issue at hand. We believe the issue is important and ALL stakeholders should gather post session to seek to work the issues out. The bill in its current format does not do anything to prohibit the bad actors and it does actually speed up the subcontractor receiving funds. Members of the committee, we appreciate your time and consideration in these matters and hope that you will oppose these two (2) bills.
Speaking in support of HB 881.
Talking points on why construction subcontractors need this legislation.
HB964 - Virginia Public Procurement Act; methods of procurement, submitting bids electronically.
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The Northern Virginia Chamber strongly supports having the option for electronic submissions and thanks Del. Subramanyam for sponsoring the bill.
HB966 - Va. Public Procurement Act; executive branch agencies' goals for participation by small businesses.
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HB967 - General Services, Department of; point-based program for prime contractors.
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HB1091 - Virginia Public Procurement Act; project labor agreements.
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The city has chosen ONE as a gaming host. This bill is identical to Morrissey's SB203 which puts limits on a casino referendum in Richmond for five years. We in the city of Richmond feels as Mr. Morrissey have committed MUTINY on us. We see this bill (HB-1134) only as a designed to remove Richmond city from becoming a host city, which in the end becomes Richmond being remove indefinite. PLEASE VOTE NO to HB-1134.
HB1161 - Virginia Public Procurement Act; required contract provisions, prohibition.
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The city has chosen ONE as a gaming host. This bill is identical to Morrissey's SB203 which puts limits on a casino referendum in Richmond for five years. We in the city of Richmond feels as Mr. Morrissey have committed MUTINY on us. We see this bill (HB-1134) only as a designed to remove Richmond city from becoming a host city, which in the end becomes Richmond being remove indefinite. PLEASE VOTE NO to HB-1134.
The Zoom link that I received for speaking virtually on Zoom has expired. Therefore, I would like to obtain another Zoom link or provide the following. As a Peace Corps Volunteer in the 1970's, I lived in countries that restricted the freedom of speech. In the 1980's, I learned about apartheid in South Africa and the successful boycott campaign to move toward democracy. In the 1990's and 2000's, I lived in South Africa and heard first-hand the stories of apartheid during the Truth and Reconciliation Commission hearings. People were required to have permits to go from one area of the country to another and 'Africans' were put through searches and interrogations that were not the norm for 'Whites'. In 2019, I went to Israel and the West Bank and I saw the similar searches and interrogations of people of color from our church group by Israeli officials. I urge all members of the Virginia General Assembly to vote against HB 1161 Virginia Public Procurement Act; required contract provisions, prohibition. HB 1161 would amend the Virginia Public Procurement Act to require any contractor wishing to do business with the Commonwealth of Virginia to pledge that neither the contractor nor any subcontractors will support a boycott of Israel — even when support of said boycott is meant to protest the disregard for Palestinian human rights. I oppose this bill because: 1. HB 1161 attempts to address criticism of the Israeli government by silencing it. 2. The right to boycott is a First Amendment right guaranteed by the Supreme Court. 3. In 2016 a bill like HB1161 was introduced, which raised a hue and cry among Free Speech advocates that led the Senate to table the bill. As a proud Virginian, please do not take away my freedom of speech and vote against HB 1161.
I strongly oppose HB1161. This is an attempt to hinder state contractors from exercising their political views. The Palestinians have been suffering at the hands of an unjust Israel. Civil efforts such as the BDS movement which seeks a peaceful and economic way of persuading Israel to change its policies towards the Palestinians in Israel and the occupied territories is a democratic effort consistent with American ideals. I don't want my government in the business of telling state contractors what political views they should or should not take so long as the contractor is fit to do the work and is not supporting violence or other unlawful activities. VOTE NO to HB1161
To the honorable members of the Subcommittee #4 Re: Virginia House Bill 1161 As an Orthodox Jewish Rabbi, I would like to express my objection to the above bill. The motivation behind this bill is the issue of anti-Semitism and the security of the Jewish people, but this is a move to silence the voices of people and organizations seeking justice and who wish stand up for the oppressed. We, as Jewish people, deeply appreciate the support for our people after all the suffering we endured throughout our history, but in no way should this be done through hurting any other people. This bill is due to a massive propaganda campaign alleging that the State of Israel is the sole representative of the Jewish people and that its actions are supported by all Jews. I urge politicians to realize that, according to traditional Judaism, the existence of a sovereign state for Jews is forbidden and certainly all crimes being committed against the Palestinians. From its inception, until the present, the State of Israel and its criminal actions are opposed by a significant proportion of Jews worldwide, but one wouldn't know this in light of pro-Zionist/State of Israel campaigns. We must realize the fundamental difference between Judaism and Zionism. Judaism is a religion, the Jewish people are the ones practicing that religion, while Zionism, the philosophy behind the State of Israel, is a secular political movement and cannot represent Judaism or the Jewish people. Criticizing crimes committed by people from Jewish decent is in no way anti-Semitic. On the contrary, conflating Zionism with Judaism is embarrassing and dangerous for Jews and leads support to Israel which is criminal towards Palestinians, according to international law and Jewish law. We urge righteous politicians to stand up for justice, for humanity, regardless of their faith, culture or race. Also we should realize that silencing the Freedom of Speech is unconstitutional. I hope that the right decisions will be made at the meeting. Sincerely yours Rabbi Dovid Feldman Neturei Karta International
Dear members of the General Laws Subcommittee, I strongly oppose HB 1161. It removes access to a Supreme Court sanctioned and highly effective tool to pressure those engaged in harmful actions to stop. Boycott has been used effectively to end harmful practices in South Africa and during the Civil Rights Movement. But its use is being curtailed in relation to Israel and Palestine. Having been to Israel and Palestine numerous times, and having seen what happens there, I believe without question that Israeli practices are occurring in the region that are not needed for security and need to be stopped. Boycott is an important way to send that message. A bill similar to HB1161 was strongly opposed in 2016 and was tabled. It should be tabled again. It interferes with free speech and seeks to curtail justifiable criticism of Israel and pressure on it to amend its practices. Please do not recommend that this bill be considered by the full committee. Kathy Drinkard Springfield, VA
As detailed in the attached statement, the ACLU of Virginia opposes HB 1161 because it violates the First Amendment.
To the members of the General Laws Subcommittee #4, I am writing to ask you to vote NO on HB 1161 Virginia Public Procurement Act; required contract provisions, prohibition. HB1161 would amend the Virginia Public Procurement Act to prohibit state bodies from contracting or subcontracting with businesses that “engage in a boycott of Israel, its instrumentalities, or any of its territories.” The First Amendment protects political speech, and this bill clearly aims to restrict our Constitutional rights, which includes criticizing governments. According to the ACLU Virginia, “Government contract restrictions cannot be based on the desire to punish First Amendment activities that aim to influence public opinion on our nation’s policies. Accordingly, federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—bills identical in substance [in HB1161]—violate the Constitution.” In 1982 the Supreme Court ruled in NAACP v. Claiborne Hardware Co. that “an economic boycott constitutes a form of constitutionally protected expression akin to traditional means of communication…” A boycott is a nonviolent protest traditionally employed by those whose voices have been long ignored. Boycotts are an American tradition--from the Boston Tea Party to the Montgomery Bus Boycott. The boycott of Israel should not be an exception to our nation’s documented history of participating in similar actions for social change. I kindly ask that you vote NO on HB 1161 to affirm that all Virginians and businesses have the right to participate in economic boycotts, and to uphold the core First Amendment right to political speech. Reem Khaldi 9101 Stony Point Parkway Richmond VA 23235
VOTE NO ON HB1161. This bill is about the fundamental right of Americans to free speech. Govt punishing people for their political views is un-American - and has been ruled unconstitutional in Texas in a case reviewing the same measure. Shameful that a Republican who should be defending American freedoms is sponsoring a bill to take freedoms away. Please vote no on this bill.
1. HB 1161 attempts to address criticism of the Israeli government by silencing it. 2. The right to boycott is a First Amendment right guaranteed by the Supreme Court. 3. In 2016 a bill like HB1161 was introduced, which raised a hue and cry among Free Speech advocates that led the Senate to table the bill.
I strongly urge all members of this subcommittee to vote NO on HB 1161. This bill would unconstitutionally require contractors wishing to do business with the Commonwealth to basically pledge loyalty to a foreign country. As introduced, this bill targets core political speech and infringes on the freedom of business owners to express their political beliefs. Government contract restrictions cannot be based on the desire to punish First Amendment activities that aim to influence public opinion on our nation’s policies. Accordingly, federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—bills identical in substance to this one—violate the Constitution. US courts have long ruled that public officials’ denial of funding, where motivated by a desire to suppress speech, is prohibited by the First Amendment. Freedom of speech is enshrined in our constitution for good reasons. The Virginia General Assembly should not attempt to take away this core American freedom. Please reject HB 1161 to support free speech as guaranteed by the First Amendment of our Constitution. Please vote NO on HB 1161. Thank you for your consideration.
As a member of Jewish Voice for Peace and Richmonders for Peace in Israel-Palestine, I am submitting this statement in opposition to HB1161, a bill which clearly violates the Free Speech provision of the First Amendment to the Constitution. The bill specifically prohibits state bodies from contracting or subcontracting with businesses that “engage in a boycott of Israel”. Boycotts are, in fact, a form of free speech protected under the First Amendment. Boycotts have been used over many years in campaigns to bring about change on a variety of human rights issues, such as the South African boycott which brought about an end to Apartheid in South Africa, the Montgomery Bus Boycott which led to significant legal action against discriminatory laws, and many more examples. In fact, one might say that boycotts are “as American as apple pie”. And time and again, in legal challenges, the First Amendment Free Speech provision has protected this fundamental right. I am also opposed to HB1161 because it is an attempt to bring a foreign policy issue into our Virginia General Assembly at a time when there are so many important issues affecting Virginia citizens which require the full attention of our legislature. As a reminder, this new bill is almost identical to HB1282 which was offered in the 2016 General Assembly. That bill was amended several times, but it was finally wisely tabled by the Senate Committee on General Laws and Technology. Let us not waste any valuable time during this important General Assembly session to consider a bill that is clearly ill-considered and unconstitutional. Please vote “no” on HB1161 and let’s get on to real work for the citizens of our great Commonwealth.
Article I. Bill of Rights Section 3. Government instituted for common benefit ("common" refers to most) -That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. ................................. If this bill HB1161 is meant to offer some form of protection or security for a particular community, then please name the community and its size in this bill. Protection through coercion of silence or political behavior actually serve ALL Virginians best? Do we enact bills to protect our Latvian communities, or our Rhwandan communities, or our Laotian communities by making sure Virginians sign documents that they wont engage in boycott of various foreign countries for their benefit? Why Israel? There is no explanation given. What is boycott? What is freedom? With ever increasing reach of technology in our lives, and censorship on our media roadways, and legislation creep aimed to have us present papers and certification or to be injected by medical procedure to satisfy a portion of an emotionally driven group - whether majority or not, perhaps the only true freedom we can retain is where we spend our dollar. That is freedom, our choice, or communication, our speech in fact. The United States prides itself on the concept of diplomacy through crippling sanction. This is boycott. Bill HB1161 singles out one foreign nation to protect from boycott over all others, including all of our global allies. Governor Doug Wilder in 1990 ordered Virginia state agencies and institutions to divest themselves of business investments in companies doing business in South Africa. By 1991, such divestment actions had also been taken by Fairfax County and the cities of Alexandria, Charlottesville, Hampton, Portsmouth, and Richmond as well as the University of Virginia. I believe this bill acts contrary to our history of exercising constitutionally protected freedom of speech, and political thought itself. If the bills aim is the well deserved security and protection of the Jewish community here in Virginia, then please inform us what that has to do with any foreign nation? We are a sovereign nation, and this is a commonwealth which is charged with protecting and serving its OWN citizens and communities as Virginians, and we are not charged with protecting any single foreign nation for any purpose whatsoever. Why enact Virginia legislation to protect a country which is actually under global indictment for crimes of humanity? What values are we projecting when we single out a country for protection from personal decisions to not participate in their enrichment simply because we disapprove? (Like China?) How can a government contractor prove the absence of boycott of Israel other than by making purchases of Israeli products and services? Why are you considering an amendment that would in effect demand the purchase of Israeli goods and services above any other country or ally in the free world?
This bill HB1161 restricts people's constitutional rights. Virginia Political Cooperative strongly oppose it. We ask all committee members to NOT support this bill. Thank you.
Vote NO on Unconstitutional Bill: HB1161 As an American of Palestinian origin, whose mother's home in West Jerusalem was stolen from her in 1948 with everything in it, and who was never able to return to her country and lived as a refugee for almost 20 years I find this bill a violent abuse of my human rights. In essence, it asks me to reward and encourage the very machines and ideologies that destroyed the wellbeing of my parents' wellbeing and happiness. It deepens the emotional damage on victims by erasing their voices and suffering in a most connived and inhuman manner. This bill reminds us that we have no right to make the mildest and most peaceful protest against ongoing crimes committed against my family and an entire people from 1948 to this day,
I strongly urge all members of this this subcommittee to vote NO on HB 1161. This bill would unconstitutionally require contractors wishing to do business with the Commonwealth to basically pledge loyalty to a foreign country. Contractors and businesspeople doing work for the Commonwealth are doing an important service for the state and the people, and should be selected based on their qualifications, and not based on political views or the like. US courts have long ruled that public official’s denial of funding, where motivated by a desire to suppress speech, is prohibited by the First Amendment. Freedom of speech is enshrined in our constitution for good reasons. As George Washington famously stated in his address to the Officers of the Army, on March 15, 1783: "[If] freedom of Speech may be taken away, [then] dumb & silent we may be led, like sheep, to the Slaughter." The Virginia General Assembly should not attempt take away this core American freedom. Please reject HB 1161 to support free speech as guaranteed by the First Amendment of our Constitution. Please vote NO on HB 1161. Thank you for your consideration. Paul Noursi Vienna, VA
My name is Rosemarie M. Esber. I am a self-employed consultant and small business owner. I live and work in Alexandria, Virginia. I urge the Members of the House Committee on General Laws, and all Members of the General Assembly, to vote against HB1161. This bill is unconstitutional and an infringement of the First Amendment right to boycott. From the 19th century protests against Charles Boycott’s exploitation of Irish tenant farmers; to the American colonialist boycott of British goods forcing the repeal of the Stamp Act in 1766; to the Anti-Defamation League’s boycott of the Ford Motor Company in the 1920s for anti-Jewish articles; to Mohandas Gandhi’s 1930 boycott of English salt in mass civil disobedience against the British occupation of India; to the Alabama bus boycott in 1955 by African Americans to end segregation; to the U.S. Congress’s Anti-Apartheid Act of 1986 banning South African imports; to the 2016 LGBT+ boycott of North Carolina’s “Bathroom Bill” --- boycotts are a nonviolent protest against morally or legally objectionable actions. The Palestinian-led Boycott, Divestment, and Sanctions (BDS) movement is an effort to pressure Israel to comply with international law and to achieve freedom, justice, and equality for Palestinians. In 2016, the Center for Constitutional Rights concluded that “Prominent human rights advocates and scholars have argued that the killings of Palestinians and their forceful expulsion from mandate Palestine in 1948, the Israeli occupation of the West Bank, East Jerusalem, and Gaza, and the violence and discrimination directed at Palestinians by the Israeli government have violated a number of human rights protections contained in international human rights law, genocide being among them.” In 2021, Human Rights Watch and B’tselem, an Israeli human rights organization, condemned Israel’s treatment of the Palestinians as apartheid—a crime under international law. Human Rights Watch Report: A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution is available at HRW.org. In a February 1, 2022 forthcoming report, Amnesty International describes Israel as an “apartheid” state. Virginians expect the General Assembly to uphold the U.S. Constitution, the Bill of Rights, and human rights laws. The ACLU of Virginia opposes HB1161 because it “violates fundamental First Amendment Principles.” Boycotts designed “to bring about political, social and economic change” through speech, association, and assembly are unquestionably protected by the First Amendment [NAACP v. Claiborne Hardware Co., 458 U.S. 886, 911 (1982)]. HB1161 infringes the constitutional rights of Virginians. Please vote against this bill.
The attached is a letter from the ACLU Virginia dated 1/27/2022, which was sent to the Members of the House of Delegates’ Committee on General Laws opposing HB1161. "The ACLU of Virginia opposes HB 1161, legislation that prohibits state bodies from contracting or subcontracting with businesses that “engage in a boycott of Israel, its instrumentalities, or any of its territories.” As introduced, this bill targets core political speech and infringes on the freedom of business owners to express their political beliefs. Government contract restrictions cannot be based on the desire to punish First Amendment activities that aim to influence public opinion on our nation’s policies. Accordingly, federal courts have repeatedly found that bills targeted at restricting boycotts of Israel—bills identical in substance to this one—violate the Constitution.1" (full letter continued in attached file)
I strongly oppose HB 1161 as it would unfairly impact our right to free speech and autonomy of business decisions. I believe that free speech includes the right to criticize any government, particularly if it does not protect justice, equality, and human rights for all. From a business perspective, companies should not be forced to do business with a foreign entity if their principles and ethics do not align. I do not support the State government mandating domestic companies having to do business with foreign entities. I therefore ask that you do not support this unconstitutional requirement as described in HB 1161.
As a Peace Corps Volunteer in the 1970's, I lived in countries that restricted the freedom of speech. In the 1980's, I learned about apartheid in South Africa and the successful boycott campaign to move toward democracy. In the 1990's and 2000's, I lived in South Africa and heard first-hand the stories of apartheid during the Truth and Reconciliation Commission hearings. People were required to have permits to go from one area of the country to another and 'Africans' were put through searches and interrogations that were not the norm for 'Whites'. In 2019, I went to Israel and the West Bank, and I saw the similar searches and interrogations of people of color from our church group by Israeli officials. I urge all members of the Virginia General Assembly to vote against HB 1161 Virginia Public Procurement Act; required contract provisions, prohibition. HB 1161 would amend the Virginia Public Procurement Act to require any contractor wishing to do business with the Commonwealth of Virginia to pledge that neither the contractor nor any subcontractors will support a boycott of Israel — even when support of said boycott is meant to protest the disregard for Palestinian human rights. I oppose this bill because: 1. HB 1161 attempts to address criticism of the Israeli government by silencing it. 2. The right to boycott is a First Amendment right guaranteed by the Supreme Court. 3. In 2016 a bill like HB1161 was introduced, which raised a hue and cry among Free Speech advocates that led the Senate to table the bill. As a proud Virginian, please do not take away my freedom of speech and vote against HB 1161. Thank you. William Walls Arlington, Virginia
Mr. Chairman, members of the committee, I am James Metz. I am a member of Richmonders for Peace in Israel-Palestine (RPIP). I am here to urge you to vote NO on House Bill 1161. Del. John McGuire will tell you that HB11611 would require contractors wishing to do business with the Commonwealth to agree that neither they nor their subcontractors will support a boycott of Israel—even when that support is a matter of conscience. A boycott is a time-honored American tradition (from the Boston Tea Party to the Montgomery, AL Bus Boycott) for protesting, non-violently, a perceived injustice. Those who disagree with boycotters have the right to make their case. They do not have the right to criminalize the boycotters. In NAACP v. Claiborne Hardware Co., 458 U.S. 886 (1982)2, the Supreme Court ruled that “an economic boycott constitutes a form of constitutionally protected expression akin to traditional means of communication . . .” McGuire’s bill is almost identical to HB12823, a bill that Del. Tim Hugo introduced in 2016. Hugo’s bill was opposed by a number of groups, including the ACLU of Virginia4. Despite three attempts to make it more palatable, Hugo’s bill was tabled unanimously by the Senate Committee on General Laws and Technology. Infringing on the First Amendment rights of Virginians was a failed idea in 2016. Six years later, it is still a failed idea. I urge the committee members to vote NO on House Bill 1161. 1 https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB1161 2 https://www.mtsu.edu/first-amendment/article/288/naacp-v-claiborne-hardware-co#:~:text=restrictions%20on%20publication)-,In%20NAACP%20v.,means%20of%20achieving%20group%20goals 3 https://lis.virginia.gov/cgi-bin/legp604.exe?ses=161&typ=bil&val=hb1282 4 https://acluva.org/sites/default/files/wp-content/uploads/2016/02/160203-HB1282-Israel-Boycott.pdf
HB1310 - Virginia Public Procurement Act; revision of procurement procedures.
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HB19 - Virginia Public Procurement Act; public higher educational institutions, disclosure by offerors.
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