Text of MO SB 430 (2023)

FIRST REGULAR SESSION SENATE BILL NO. 430 102ND GENERAL ASSEMBLY INTRODUCED BY SENATOR CARTER. 1599S.02I 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 430 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 430 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. (1) This section, or any contract subject to this 55 section, may be enforced by the attorney general. 56 (2) If the attorney general has reasonable cause to 57 believe that a person has engaged in, is engaging in, or is 58 about to engage in, a violation of this section, he or she 59 may: 60 (a) Require such person to file on such forms as the 61 attorney general prescribes a statement or report in 62 writing, under oath, as to all the facts and circumstances 63 concerning the violation, and such other data and 64 information as deemed necessary; 65 (b) Examine under oath any person in connection with 66 the violation; 67 (c) Examine any record, book, document, account or 68 paper as deemed necessary; and 69 (d) Pursuant to an order of a circuit court, impound 70 any record, book, document, account, paper, or sample or 71 material relating to such practice and retain the same in 72 his or her possession until the completion of all 73 proceedings undertaken under this section or in the courts. 74 (3) In addition to any other remedies available at law 75 or equity, a company that enters into a contract with a 76 public entity that is subject to this section and engages in 77 any economic boycott during the term of the contract shall 78 be obligated to pay damages to the state in an amount equal 79 to three times all monies paid to the company under the 80 contract. 81 SB 430 4 5. (1) Any person injured as a result of any 82 violation or threatened violation of this section shall have 83 a cause of action in Cole County circuit court and shall be 84 entitled to injunctive relief against any and all violators 85 or persons threatening violations. 86 (2) Any person injured as a result of any violation or 87 threatened violation of this section may recover any and all 88 damages of any character resulting from such violation or 89 threatened violation including costs and reasonable attorney 90 fees. Such remedies shall be independent of and in addition 91 to the other penalties and remedies prescribed under this 92 section. 93 6. The commissioner of administration or his or her 94 designee may promulgate regulations to implement the 95 provisions of this section, so long as they are consistent 96 with this section and do not create any exceptions. Any 97 rule or portion of a rule, as that term is defined in 98 section 536.010, that is created under the authority of this 99 section shall become effective only if it complies with and 100 is subject to all of the provisions of chapter 536 and, if 101 applicable, section 536.028. This section and chapter 536 102 are nonseverable and if any of the powers vested with the 103 general assembly pursuant to chapter 536 to review, to delay 104 the effective date, or to disapprove and annul a rule are 105 subsequently held unconstitutional, then the grant of 106 rulemaking authority and any rule proposed or adopted after 107 August 28, 2023, shall be invalid and void. 108 