63G-27-201. Prohibition on contracting.

251 words·~1 min read·/ut/title-63g/chapter-27/63g-27-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(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:

(a)the contract includes a written certification that the company is not currently engaged in:

(i)a boycott of the State of Israel; or

(ii)an economic boycott;

(b)the company agrees not to engage in a boycott of the State of Israel for the duration of the contract; and

(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:

(a)apply to:

(i)a contract with a total value of less than $100,000; or

(ii)a contract with a company that has fewer than 10 full-time employees; or

(b)prohibit a public entity from entering into a contract with a company that engages in an economic boycott if:

(i)there is no economically practicable alternative available to the public entity to:

(A)acquire or dispose of the good or service; or

(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

(ii)the company engages in the economic boycott to comply with federal law.

Amended by Chapter 243 , 2023 General Session