9.76 Boycott provisions in certain contracts.

(A) As used in this section:

(1) " Boycott" means engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with persons or entities in a discriminatory manner. " Boycott " does not include :

(a) Boycotts to which 50 U.S.C. 4607 (c) applies;

(b) A decision based on business or economic reasons, or t he specific conduct of a targeted person or entity;

(c) A boycott against a public entity of a foreign state when the boycott is applied in a nondiscriminatory manner; and

(d) Conduct necessary to comply with applicable law in the business's home jurisdiction.

(2) "Company" means a sole proprietorship, partnership, corporation, national association, societe anonyme, limited liability company, limited partnership, limited liability partnership, joint venture, or other business organization, including their subsidiaries and affiliates, that operates to earn a profit.

(3) "Israel" means Israel or Israeli-controlled territories.

(4) "Jurisdiction with whom this state can enjoy open trade" means any world trade organization member and any jurisdiction with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations.

(5) "State agency" means an organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of a function of state government.

(B) A state agency may not enter into or renew a contract with a company for the acquisition or provision of supplies, equipment, or services, or for construction services, unless the contract declares that the company is not boycotting any jurisdiction with whom this state can enjoy open trade, including Israel, and will not do so during the contract period.

Added by 131st General Assembly File No. TBD, HB 476, §1, eff. 3/21/2017.