TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 23

MISCELLANEOUS PROVISIONS

67-2347A.  PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING CERTAIN SECTORS. (1) Except as provided in subsection (2) of this section, a public entity may not enter into a contract with a company for goods or services unless the contract contains a written certification from the company that it is not currently engaged in, and will not for the duration of the contract engage in, a boycott of any individual or company because the individual or company:

(a)  Engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture; or

(b)  Engages in or supports the manufacture, distribution, sale, or use of firearms, as defined in section 18-3302(2)(d), Idaho Code.

(2)  Subsection (1) of this section shall not apply to a public entity that determines that the requirements of subsection (1) of this section are inconsistent with the public entity’s constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds. Subsection (1) of this section also does not apply to a public entity that determines that the requirements of subsection (1) of this section would be, with respect to a specific contract, contrary to the business needs of the public entity and would prevent the public entity from fulfilling its legal duties or obligations.

(3)  This section applies only to a contract that:

(a)  Is between a public entity and a company with ten (10) or more full-time employees; and

(b)  Has a value of one hundred thousand dollars ($100,000) or more that is to be paid wholly or partly from public funds of the public entity.

(4)  As used in this section:

(a)  "Boycott" means, without a reasonable business purpose, refusing to deal with an individual or organization, terminating business with an individual or organization, or taking another action that is intended to penalize, inflict economic harm on, or limit commercial relations with an individual or organization because the individual or organization:

(i)   Engages in a particular business sector;

(ii)  Engages in a particular business sector and does not commit or pledge to meet standards beyond applicable federal and state law; or

(iii) Does business with an individual or organization that engages in a particular business sector.

(b)  "Company" means any for-profit or nonprofit 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.

(c)  "Public entity" means the state of Idaho or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state laws or regulations.

(d)  "Reasonable business purpose" means any purpose directly related to:

(i)   Promoting the financial success or stability of the company;

(ii)  Mitigating risk to the company;

(iii) Complying with legal or regulatory requirements; or

(iv)  Limiting liability of the company.

(5)  The provisions of this section shall apply to contracts executed on and after July 1, 2024. Upon discovering that a contract fails to comply with the provisions of this section, the contracting authority shall have a period of ninety (90) days to obtain the written certification described in subsection (1) of this section. After such time, any contract continuing to violate the provisions of this section shall be void. Any contract executed prior to July 1, 2024, that violates the provisions of this section shall not be renewed unless the contracting authority obtains the written certification described in subsection (1) of this section.

History:

[67-2347A, added 2024, ch. 238, sec. 1, p. 849.]