(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:

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.