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7 LONG TITLE
8 General Description:
9 This bill addresses public entity contract requirements.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ subject to exceptions, prohibits a public entity from entering into a contract with a
14 company who engages in certain environmental boycott actions; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 63G-27-102, as enacted by Laws of Utah 2021, Chapter 347
23 63G-27-201, as enacted by Laws of Utah 2021, Chapter 347
24 REPEALS:
25 63G-27-101, as enacted by Laws of Utah 2021, Chapter 347
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 63G-27-102 is amended to read:
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30 63G-27-102. Definitions.
31 As used in this chapter:
32 (1) "Boycott action" means refusing to deal, terminating business activities, or limiting
33 commercial relations.
34 (2) "Boycott of the State of Israel" means engaging in a boycott action targeting:
35 (a) the State of Israel; and
36 (b) (i) companies or individuals doing business in or with the State of Israel; or
37 (ii) companies authorized by, licensed by, or organized under the laws of the State of
38 Israel to do business.
39 (3) (a) "Company" means a corporation, partnership, limited liability company, or
40 similar entity.
41 (b) "Company" includes any wholly-owned subsidiary, majority-owned subsidiary,
42 parent company, or affiliate of an entity described in Subsection (3)(a).
43 (4) "Environmental boycott" means engaging in a boycott action targeting a company
44 that:
45 (a) engages in the exploration, production, utilization, transportation, sale, or
46 manufacture of fossil fuels or fossil fuel byproducts;
47 (b) engages in production agriculture; or
48 (c) does not meet or commit to meet environmental standards, including standards for
49 eliminating, reducing, offsetting, or disclosing greenhouse gas-emissions, beyond applicable
50 state and federal law requirements.
51 (5) "Public entity" means the state or a political subdivision of the state, including each
52 department, division, office, board, commission, council, authority, or institution of the state or
53 a political subdivision of the state.
54 Section 2. Section 63G-27-201 is amended to read:
55 63G-27-201. Prohibition on contracting.
56 (1) Except as provided in Subsection (2), a public entity may not enter into a contract
57 with a company to acquire or dispose of a good or service, including supplies, information
58 technology, or construction services, unless:
59 (a) the contract includes a written certification that the company is not currently
60 engaged in a boycott of the State of Israel or an environmental boycott; and
61 (b) the company agrees not to engage in a boycott of the State of Israel or an
62 environmental boycott for the duration of the contract.
63 (2) This section does not apply to:
64 (a) a contract with a total value of less than $100,000; or
65 (b) a contract with a company that has fewer than 10 full-time employees.
66 Section 3. Repealer.
67 This bill repeals:
68 Section 63G-27-101, Title.