Kentucky Statutes 45A.607 – Required contract provision restricting contractor from participating in certain boycott actions — Exceptions — Administrative regulations
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(1) As used in this section:
(a) “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with:
1. A jurisdiction with which Kentucky can enjoy open trade; or
2. A person or entity doing business with a jurisdiction with which
Kentucky can enjoy open trade; but
“boycott” does not mean an action taken for bona fide business or economic reasons or that is specifically required by federal or state law; and
(b) “Jurisdiction with which Kentucky can enjoy open trade” means:
1. Any World Trade Organization member; and
2. Any jurisdiction with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations.
(2) A governmental body shall not enter into a contract under this chapter with a contractor unless the contract includes a representation by the contractor that the contractor is not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. This subsection shall not apply to a:
(a) Contract with a value of less than one hundred thousand dollars
($100,000); or
(b) Contractor who:
1. Is an individual; or
2. Employs five (5) or fewer employees.
(3) A governmental body may terminate a contract with a contractor for:
(a) A false representation made under subsection (2) of this section; or
(b) Engaging in a boycott at the time of entering into the contract or during the duration of the contract.
(4) A request for proposal, invitation to bid, or other document issued by a governmental body with the intent of soliciting responses for the potential award of a contract shall include notice of the requirements under this section.
(5) The secretary shall promulgate administrative regulations under KRS Chapter
13A for the administration of this section.
Effective:March 25, 2019
History: Created 2019 Ky. Acts ch. 58, sec. 1, effective March 25, 2019.
(a) “Boycott” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with:
Terms Used In Kentucky Statutes 45A.607
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
1. A jurisdiction with which Kentucky can enjoy open trade; or
2. A person or entity doing business with a jurisdiction with which
Kentucky can enjoy open trade; but
“boycott” does not mean an action taken for bona fide business or economic reasons or that is specifically required by federal or state law; and
(b) “Jurisdiction with which Kentucky can enjoy open trade” means:
1. Any World Trade Organization member; and
2. Any jurisdiction with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations.
(2) A governmental body shall not enter into a contract under this chapter with a contractor unless the contract includes a representation by the contractor that the contractor is not currently engaged in, and will not for the duration of the contract engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade. This subsection shall not apply to a:
(a) Contract with a value of less than one hundred thousand dollars
($100,000); or
(b) Contractor who:
1. Is an individual; or
2. Employs five (5) or fewer employees.
(3) A governmental body may terminate a contract with a contractor for:
(a) A false representation made under subsection (2) of this section; or
(b) Engaging in a boycott at the time of entering into the contract or during the duration of the contract.
(4) A request for proposal, invitation to bid, or other document issued by a governmental body with the intent of soliciting responses for the potential award of a contract shall include notice of the requirements under this section.
(5) The secretary shall promulgate administrative regulations under KRS Chapter
13A for the administration of this section.
Effective:March 25, 2019
History: Created 2019 Ky. Acts ch. 58, sec. 1, effective March 25, 2019.