Session: 2023-2024
ACLU-PA Position: Opposes
SB 1260 (PN 1738) would prohibit the State Treasurer, the State Employees' Retirement System (SERS), the Public School Employees' Retirement System (PSERS), and the Pennsylvania Municipal Retirement System (PMRS) from boycotting or divesting from Israel through their direct and indirect holdings and alternative investments. It would also prohibit the Commonwealth from providing funding to any institution of higher education that engages in a boycott or divestment from Israel. SB 1260 would, however, exempt certain state-administered defined contribution plans from the bill's provisions.
Fortunately, unlike past iterations of anti-BDS legislation in the General Assembly, SB 1260 is a far more narrowly tailored bill. The provisions that cover SERS, PSERS, PMRS, PA Treasury funds, as well as the PASSHE schools, are not the focus of our opposition. The Commonwealth has power over where and how it invests its own monies.
That said, some provisions under SB 1260 would still run afoul of First Amendment protections. To avoid free speech violations, SB 1260 would need to remove the private and state-related schools from the covered higher education institutions. The Commonwealth should not dictate whether those entities get funding based on political considerations.
Check the bill's status here.
