Text of MO SB 1061 (2024)

SECOND REGULAR SESSION SENATE BILL NO. 1061 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR COLEMAN. 3894S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 34, RSMo, by adding thereto one new section relating to prohibiting public entities from entering into contracts with companies engaged in economic boycotts. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 34, RSMo, is amended by adding thereto 1 one new section, to be known as section 34.650, to read as 2 follows: 3 34.650. 1. A public entity shall not enter into a 1 contract with a company to acquire or dispose of services, 2 supplies, information technology, or construction unless the 3 contract includes a written certification that the company 4 is not currently engaged in and shall not, for the duration 5 of the contract, engage in any kind of economic boycott. 6 This section shall not apply to contracts with a total 7 potential value of less than one hundred thousand dollars or 8 to contractors with fewer than ten employees. 9 2. As used in this section, the following terms and 10 phrases mean: 11 (1) "Company", any for-profit or not-for-profit 12 organization, association, corporation, partnership, joint 13 venture, limited partnership, limited liability partnership, 14 limited liability company, or other entity or business 15 association, including all wholly owned subsidiaries, 16 majority-owned subsidiaries, parent companies, or affiliates 17 of those entities or business associations; 18 SB 1061 2 (2) "Economic boycott", refusing to deal with, 19 terminating business activities with, or otherwise taking 20 any commercial action that is intended to penalize, inflict 21 economic harm on, limit commercial relations with, or change 22 or limit the activities of a company because the company, 23 without violating controlling federal or state law: 24 (a) Engages in the exploration, production, 25 utilization, transportation, sale, or manufacturing of, 26 fossil fuel-based energy, timber, mining, or agriculture; 27 (b) Engages in, facilitates, or supports the 28 manufacture, import, distribution, marketing or advertising, 29 sale, or lawful use of firearms, ammunition or component 30 parts and accessories of firearms or ammunition; 31 (c) Does not meet, is not expected to meet, or does 32 not commit to meet environmental standards or disclosure 33 criteria, in particular to eliminate, reduce, offset, or 34 disclose greenhouse gas emissions; 35 (d) Does not meet, is not expected to meet, or does 36 not commit to meet any specified criteria with respect to 37 the compensation and composition of the company's corporate 38 board and the employees of the company; 39 (e) Does not facilitate, is not expected to 40 facilitate, or does not commit to facilitate access to 41 abortion, sex or gender change, or transgender surgery or 42 medical treatments; or 43 (f) Does business with a company that engages in or 44 does not meet one or more of the criteria listed in 45 paragraphs (a) to (e) of this subdivision. 46 (3) "Public entity", the state of Missouri or any 47 political subdivision thereof, including all boards, 48 commissions, agencies, institutions, authorities, and bodies 49 SB 1061 3 politic and corporate of the state created by or in 50 accordance with state law or regulations. 51 3. Any contract that fails to comply with the 52 provisions of this section shall be void against public 53 policy. 54 4. The commissioner of administration or his or her 55 designee may promulgate regulations to implement the 56 provisions of this section, so long as they are consistent 57 with this section and do not create any exceptions. Any 58 rule or portion of a rule, as that term is defined in 59 section 536.010, that is created under the authority of this 60 section shall become effective only if it complies with and 61 is subject to all of the provisions of chapter 536 and, if 62 applicable, section 536.028. This section and chapter 536 63 are nonseverable and if any of the powers vested with the 64 general assembly pursuant to chapter 536 to review, to delay 65 the effective date, or to disapprove and annul a rule are 66 subsequently held unconstitutional, then the grant of 67 rulemaking authority and any rule proposed or adopted after 68 August 28, 2024, shall be invalid and void. 69 