Tennessee § 12-4-119 Certification that company not engaged in boycott of Israel

Tennessee Statutes

§ 12-4-119 — Certification that company not engaged in boycott of Israel

(a)As used in this section:

(1)"Boycott of Israel" means engaging in refusals to deal, terminating business activities, or other commercial actions that are intended to limit commercial relations with Israel, or companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or persons or entities doing business in Israel, when such actions are taken:

(A)In compliance with, or adherence to, calls for a boycott of Israel; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason;

(2)"Company" means a for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited

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(a) As used in this section: (1) "Boycott of Israel" means engaging in refusals to deal, terminating business activities, or other commercial actions that are intended to limit commercial relations with Israel, or companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or persons or entities doing business in Israel, when such actions are taken: (A) In compliance with, or adherence to, calls for a boycott of Israel; or (B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis, and is not based on a valid business reason; (2) "Company" means a for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations; (3) "Israel" means the State of Israel and Israeli-controlled territories; and (4) "Public entity" means this state or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, counties, municipalities, and other bodies politic and corporate of this state, created by or in accordance with state law or rule. (b) A public entity shall not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel. (c) This section does not apply to a contract with a total potential value of less than two hundred fifty thousand dollars ($250,000) or to contractors with less than ten (10) employees. (d) A contract entered into on or after July 1, 2022, that fails to comply with this section is void. (e) The commissioner of finance and administration or the commissioner's designee may promulgate rules to implement this section so long as the rules are consistent with this section and do not create exceptions to it. (f) This section does not diminish or infringe upon a right protected under the constitution of this state or the first amendment to the constitution of the United States. (g) This section must not be construed to conflict with local, state, or federal discrimination laws.

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