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AN ACT relating to public contracts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS 45A.343 to 45A.460 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Ammunition" means a loaded cartridge case, primer, bullet, or propellant 6
powder with or without a projectile; 7
(b) "Firearm" means a weapon that expels a projectile by the action of 8
explosive or expanding gases; 9
(c) "Firearm accessory" means: 10
1. A device specifically designed or adapted to enable an individual to 11
wear, carry, store, or mount a firearm on the individual or on a 12
conveyance; or 13
2. An item used in conjunction with or mounted on a firearm that is not 14
essential to the basic function of the firearm, including a detachable 15
firearm magazine; 16
(d) "Firearm entity" means: 17
1. A manufacturer, distributor, wholesaler, supplier, or retailer of 18
firearms, firearm accessories, or ammunition; or 19
2. A business establishment, private club, or association that operates an 20
area for the discharge or other use of firearms for silhouette, skeet, 21
trap, black powder, target, self-defense, or similar recreational 22
shooting at which not fewer than twenty (20) different individuals 23
discharge firearms each calendar year; and 24
(e) "Firearm trade association" means any person, corporation, 25
unincorporated association, federation, business league, or business 26
organization that: 27 UNOFFICIAL COPY 22 RS BR 967
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1. Is not organized or operated for profit and for which none of its net 1
earnings inure to the benefit of any private shareholder or individual; 2
2. Has two (2) or more firearm entities as members; and 3
3. Is exempt from federal income taxation pursuant to 26 U.S.C. sec. 4
501(a) as an organization described by 26 U.S.C. sec. 501(c)(6). 5
(2) (a) A governmental body or political subdivision of this state shall not enter 6
into a contract for the purchase of goods or services unless the contract 7
contains a written verification from the company selling the goods or 8
services that: 9
1. The company does not have a practice, policy, guidance, or directive 10
that discriminates against a firearm entity or firearm trade association 11
based solely on its status as a firearm entity or firearm trade 12
association; and 13
2. The company will not discriminate against a firearm entity or firearm 14
trade association during the term of the contract based solely on the 15
entity's or association's status as a firearm entity or firearm trade 16
association. 17
(b) A company discriminates against a firearm entity or firearm trade 18
association if it: 19
1. Refuses to engage in the trade of any goods or services with the entity 20
or association based solely on its status as a firearm entity or firearm 21
trade association; 22
2. Refrains from continuing an existing business relationship with the 23
entity or association based solely on its status as a firearm entity or 24
firearm trade association; or 25
3. Terminates an existing business relationship with the entity or 26
association based solely on its status as a firearm entity or firearm 27 UNOFFICIAL COPY 22 RS BR 967
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trade association. 1
(c) A company does not discriminate against a firearm entity or firearm trade 2
association if it refuses to engage in the trade of any goods or services, 3
refrains from continuing an existing business relationship, or declines to 4
enter into, modifies, or terminates an existing business relationship: 5
1. To comply with federal, state, or local law, policy, or regulation, or a 6
directive from a regulator; or 7
2. For any traditional business reason that is specific to the customer or 8
potential customer and not based solely on an entity's or association's 9
status as a firearm entity or firearm trade association. 10
(3) (a) Subsection (2) of this section shall apply to any contract with a value of one 11
hundred thousand dollars ($100,000) or more that: 12
1. Is to be paid partially or wholly from public funds; 13
2. Is between a public entity and a company with at least ten (10) full-14
time employees; and 15
3. Is entered into on or after the effective date of this Act. 16
(b) Notwithstanding paragraph (a) of this subsection, subsection (2) of this 17
section shall not apply if: 18
1. The contract is with a sole-source provider; or 19
2. The public entity does not receive any bids from companies that are 20
able to provide the written verification required by this section. 21
(4) Nothing in this section shall be construed to require a company that is a 22
merchant, retail seller, or platform to sell or list for sale ammunition, firearms, or 23
firearm accessories. 24
(5) The restrictions and obligations on companies set forth in this section shall not 25
apply to sole proprietorships that enter into contracts with a governmental body 26
or political subdivision of this state. 27