§ 63G-27-201 — Prohibition on contracting.

(1) Except as provided in Subsection (3), a public entity may not enter into a contract with a company to acquire or dispose of a good or service, including supplies, information technology, or construction services, unless:

(1)(a) the contract includes a written certification that the company is not currently engaged in:
(1)(a)(i) a boycott of the State of Israel; or
(1)(a)(ii) an economic boycott;
(1)(b) the company agrees not to engage in a boycott of the State of Israel for the duration of the contract; and
(1)(c) the company agrees to notify the public entity in writing if the company begins engaging in an economic boycott.
(2) A company's notice under Subsection (1)(c) may be grounds for termination of the contract.
(3) This section does not:

(3)(a) apply to:
(3)(a)(i) a contract with a total value of less than $100,000; or
(3)(a)(ii) a contract with a company that has fewer than 10 full-time employees; or
(3)(b) prohibit a public entity from entering into a contract with a company that engages in an economic boycott if:
(3)(b)(i) there is no economically practicable alternative available to the public entity to:

(3)(b)(i)(A) acquire or dispose of the good or service; or
(3)(b)(i)(B) meet the public entity's legal duties to issue, incur, or manage debt obligations, or deposit, keep custody of, manage, borrow, or invest funds; or
(3)(b)(ii) the company engages in the economic boycott to comply with federal law.

Legislative History

Amended by Chapter 243, 2023 General Session