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 s ervices, 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 subsid iaries, 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 i s 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 fir earms, 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 bodie s 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 contr act 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, ac count, 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 l aw 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 re lief 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 und er 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