UNOFFICIAL COPY 23 RS BR 1012
Page 1 of 3
XXXX 2/14/2023 10:27 AM Jacketed
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 CHAPTER 45A IS CREATED TO 3
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 a: 17
1. Manufacturer, distributor, wholesaler, supplier, or retailer of 18
firearms, firearm accessories, or ammunition; or 19
2. 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 23 RS BR 1012
Page 2 of 3
XXXX 2/14/2023 10:27 AM Jacketed
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 shall not enter into a contract for the purchase of 6
goods or services unless the contract contains a written verification from the 7
company selling the goods or services that the company: 8
1. Does not have a practice, policy, guidance, or directive that 9
discriminates against a firearm entity or firearm trade association 10
based solely on its status as a firearm entity or firearm trade 11
association; and 12
2. Will not discriminate against a firearm entity or firearm trade 13
association during the term of the contract based solely on the entity's 14
or association's status as a firearm entity or firearm trade association. 15
(b) A company discriminates against a firearm entity or firearm trade 16
association when it: 17
1. Refuses to engage in the trade of any goods or services with the entity 18
or association based solely on its status as a firearm entity or firearm 19
trade association; 20
2. Refrains from continuing an existing business relationship with the 21
entity or association based solely on its status as a firearm entity or 22
firearm trade association; or 23
3. Terminates an existing business relationship with the entity or 24
association based solely on its status as a firearm entity or firearm 25
trade association. 26
(c) A company does not discriminate against a firearm entity or firearm trade 27 UNOFFICIAL COPY 23 RS BR 1012
Page 3 of 3
XXXX 2/14/2023 10:27 AM Jacketed
association when it refuses to engage in the trade of any goods or services, 1
refrains from continuing an existing business relationship, or declines to 2
enter into, modifies, or terminates an existing business relationship: 3
1. To comply with federal, state, or local law, policy, or regulation, or a 4
directive from a regulator; or 5
2. For any traditional business reason that is specific to the customer or 6
potential customer and not based solely on an entity's or association's 7
status as a firearm entity or firearm trade association. 8
(d) The restrictions and obligations in this subsection shall not apply to: 9
1. Sole proprietorships; 10
2. Contracts with sole source providers; or 11
3. Public entities that do not receive any bids from companies that are 12
able to provide the written verification required by this section. 13
(3) The provisions in subsection (2) of this section shall apply to any contract with a 14
value of one hundred thousand dollars ($100,000) or more that is: 15
(a) To be paid partially or wholly from public funds; 16
(b) Between a public entity and a company with at least ten (10) full-time 17
employees; and 18
(c) Entered into on or after the effective date of this Act. 19
(4) Nothing in this section shall be construed to require a company that is a 20
merchant, retail seller, or platform to sell or list for sale ammunition, firearms, or 21
firearm accessories. 22
(5) The Attorney General shall enforce the provisions of this section and investigate 23
any violations or alleged violations of this section. 24