(A) As used in this section:

Terms Used In Ohio Code 9.76

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59
  • United States: includes all the states. See Ohio Code 1.59

(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 the 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, and includes a “state institution of higher education” as defined in section 3345.011 of the Revised Code.

(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.

Last updated April 27, 2022 at 12:28 PM