Ky. Rev. Stat. Ann. § 45A.607 – Required contract provision restricting contractor from participating in certain boycott actions -- Exceptions -- Administrative regulations.

(1) As used in this section:
1. (a)
2. (b) "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. 2. A jurisdiction with which Kentucky can enjoy open trade; or 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 "Jurisdiction with which Kentucky can enjoy open trade" means: 1. 2. 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.
(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:
1. (a) Contract with a value of less than one hundred thousand dollars ($100,000); or
2. (b) Contractor who: 1. 2. Is an individual; or Employs five (5) or fewer employees.
(3) A governmental body may terminate a contract with a contractor for:
1. (a) A false representation made under subsection (2) of this section; or
2. (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.