O.C.G.A.

O.C.G.A. § 50-5-85 (2019)

Prohibition on contracting with companies without certification against boycott of Israel

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term:

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

(A) In compliance or adherence to calls for a boycott of Israel other than those boycotts to which 50 U.S.C. App. Section 2407(c), as it existed on January 1, 2016, applies; or

(B) In a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis that is not founded on a valid business reason.

(2) “Company” means any organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association which employs more than five persons but excludes individuals and sole proprietorships, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit.

(b) The state shall not enter into a contract valued at $100,000.00 or more with a company if the contract is related to construction or the provision of services, supplies, or information technology unless the contract includes a written certification that such company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

History

Code 1981, § 50-5-85, enacted by Ga. L. 2016, p. 262, § 1/SB 327; Ga. L. 2017, p. 774, § 50/HB 323; Ga. L. 2022, p. 2, § 1/HB 383. The 2022 amendment, effective July 1, 2022, substituted “companies doing business in Israel, with Israel, organized under the laws of the State of Israel, or licensed by Israel to do business in Israel” for “or individuals or companies doing business in Israel or in Israeli controlled territories” in paragraph (a)(1); in paragraph (a)(2), deleted “sole proprietorship,” preceding “organization” and inserted “which employs more than five persons

but excludes individuals and sole proprietorships”; in subsection (b), substituted “valued at $100,000.00 or more with a” for “with an individual or” at the beginning and deleted “individual or” preceding “company” near the end; and deleted former subsection (c), which read: “Subsection (b) of this Code section shall not apply to contracts with a total value of less than $1,000.00.”

Annotations

Law reviews. For note, “Talk Isn’t Cheap: Protecting Freedom of Speech in Light of Georgia’s Anti-Boycott Legislation,” see 52 Ga. L. Rev. 967 (2018).

RESEARCH REFERENCES ALR. State statutes or executive orders restricting boycotts of Israel, 46 A.L.R.7th Art. 4. Issues arising from collaborative law practice, 46 A.L.R.7th Art. 6.

Propriety of state pretrial home detention, 46 A.L.R.7th Art. 7. “Inherent vice”or “latent defect” exclusions in all-risk policies, 47 A.L.R.7th Art. 6.

PART 2 LOCAL POLITICAL SUBDIVISION PURCHASES

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Abby Martin v. Chancellor for The Bd. of Regents of The Univ. Sys. Georgia (11th Cir. 2023).
Abby Martin v. Chancellor for The Bd. of Regents of The Univ. Sys. Georgia (11th Cir. 2023). · cites it 16× “Background In 2016, the State of Georgia enacted O.C.G.A. § 50-5-85, which prohibits the State from entering into certain contracts unless the contractor certifies that it is not currently engaged in, and agrees for the duration of the contract not to engage in, a “boycott of…”
— 50-5-85(b) — 1 case
Abby Martin v. Chancellor for The Bd. of Regents of The Univ. Sys. Georgia (11th Cir. 2023). “Background In 2016, the State of Georgia enacted O.C.G.A. § 50-5-85, which prohibits the State from entering into certain contracts unless the contractor certifies that it is not currently engaged in, and agrees for the duration of the contract not to engage in, a “boycott of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.