Missouri 2024 Regular Session

Missouri Senate Bill SB1061 Latest Draft

Bill / Introduced Version Filed 12/05/2023

                             
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 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 1061 	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 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 administrat ion 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 o r adopted after  68 
August 28, 2024, shall be invalid and void. 69 
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