Missouri 2025 Regular Session

Missouri Senate Bill SB227 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 227
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR CARTER.
6	6	0890S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To amend chapter 34, RSMo, by adding thereto one new section relating to prohibiting public
9	9	entities from entering into contracts with companies engaged in economic boycotts.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Chapter 34, RSMo, is amended by adding thereto 1
13	13	one new section, to be known as section 34.650, to read as 2
14	14	follows:3
15	15	34.650. 1. A public entity shall not enter into a 1
16	16	contract with a company to acquire or dispose of s ervices, 2
17	17	supplies, information technology, or construction unless the 3
18	18	contract includes a written certification that the company 4
19	19	is not currently engaged in and shall not, for the duration 5
20	20	of the contract, engage in any kind of economic boycott. 6
21	21	This section shall not apply to contracts with a total 7
22	22	potential value of less than one hundred thousand dollars or 8
23	23	to contractors with fewer than ten employees. 9
24	24	2. As used in this section, the following terms and 10
25	25	phrases mean: 11
26	26	(1) "Company", any for-profit or not-for-profit 12
27	27	organization, association, corporation, partnership, joint 13
28	28	venture, limited partnership, limited liability partnership, 14
29	29	limited liability company, or other entity or business 15
30	30	association, including all wholly owned subsid iaries, 16
31	31	majority-owned subsidiaries, parent companies, or affiliates 17
32	32	of those entities or business associations; 18 SB 227 2
33	33	(2) "Economic boycott", refusing to deal with, 19
34	34	terminating business activities with, or otherwise taking 20
35	35	any commercial action that i s intended to penalize, inflict 21
36	36	economic harm on, limit commercial relations with, or change 22
37	37	or limit the activities of a company because the company, 23
38	38	without violating controlling federal or state law: 24
39	39	(a) Engages in the exploration, production, 25
40	40	utilization, transportation, sale, or manufacturing of, 26
41	41	fossil fuel-based energy, timber, mining, or agriculture; 27
42	42	(b) Engages in, facilitates, or supports the 28
43	43	manufacture, import, distribution, marketing or advertising, 29
44	44	sale, or lawful use of fir earms, ammunition or component 30
45	45	parts and accessories of firearms or ammunition; 31
46	46	(c) Does not meet, is not expected to meet, or does 32
47	47	not commit to meet environmental standards or disclosure 33
48	48	criteria, in particular to eliminate, reduce, offset, or 34
49	49	disclose greenhouse gas emissions; 35
50	50	(d) Does not meet, is not expected to meet, or does 36
51	51	not commit to meet any specified criteria with respect to 37
52	52	the compensation and composition of the company's corporate 38
53	53	board and the employees of the company; 39
54	54	(e) Does not facilitate, is not expected to 40
55	55	facilitate, or does not commit to facilitate access to 41
56	56	abortion, sex or gender change, or transgender surgery or 42
57	57	medical treatments; or 43
58	58	(f) Does business with a company that engages in or 44
59	59	does not meet one or more of the criteria listed in 45
60	60	paragraphs (a) to (e) of this subdivision. 46
61	61	(3) "Public entity", the state of Missouri or any 47
62	62	political subdivision thereof, including all boards, 48
63	63	commissions, agencies, institutions, authorities, and bodie s 49 SB 227 3
64	64	politic and corporate of the state created by or in 50
65	65	accordance with state law or regulations. 51
66	66	3. Any contract that fails to comply with the 52
67	67	provisions of this section shall be void against public 53
68	68	policy. 54
69	69	4. (1) This section, or any contr act subject to this 55
70	70	section, may be enforced by the attorney general. 56
71	71	(2) If the attorney general has reasonable cause to 57
72	72	believe that a person has engaged in, is engaging in, or is 58
73	73	about to engage in, a violation of this section, he or she 59
74	74	may: 60
75	75	(a) Require such person to file on such forms as the 61
76	76	attorney general prescribes a statement or report in 62
77	77	writing, under oath, as to all the facts and circumstances 63
78	78	concerning the violation, and such other data and 64
79	79	information as deemed necessary ; 65
80	80	(b) Examine under oath any person in connection with 66
81	81	the violation; 67
82	82	(c) Examine any record, book, document, account or 68
83	83	paper as deemed necessary; and 69
84	84	(d) Pursuant to an order of a circuit court, impound 70
85	85	any record, book, document, ac count, paper, or sample or 71
86	86	material relating to such practice and retain the same in 72
87	87	his or her possession until the completion of all 73
88	88	proceedings undertaken under this section or in the courts. 74
89	89	(3) In addition to any other remedies available at l aw 75
90	90	or equity, a company that enters into a contract with a 76
91	91	public entity that is subject to this section and engages in 77
92	92	any economic boycott during the term of the contract shall 78
93	93	be obligated to pay damages to the state in an amount equal 79
94	94	to three times all monies paid to the company under the 80
95	95	contract. 81 SB 227 4
96	96	5. (1) Any person injured as a result of any 82
97	97	violation or threatened violation of this section shall have 83
98	98	a cause of action in Cole County circuit court and shall be 84
99	99	entitled to injunctive re lief against any and all violators 85
100	100	or persons threatening violations. 86
101	101	(2) Any person injured as a result of any violation or 87
102	102	threatened violation of this section may recover any and all 88
103	103	damages of any character resulting from such violation or 89
104	104	threatened violation including costs and reasonable attorney 90
105	105	fees. Such remedies shall be independent of and in addition 91
106	106	to the other penalties and remedies prescribed under this 92
107	107	section. 93
108	108	6. The commissioner of administration may promulgate 94
109	109	regulations to implement the provisions of this section, so 95
110	110	long as they are consistent with this section and do not 96
111	111	create any exceptions. Any rule or portion of a rule, as 97
112	112	that term is defined in section 536.010, that is created 98
113	113	under the authority of thi s section shall become effective 99
114	114	only if it complies with and is subject to all of the 100
115	115	provisions of chapter 536 and, if applicable, section 101
116	116	536.028. This section and chapter 536 are nonseverable and 102
117	117	if any of the powers vested with the general assemb ly 103
118	118	pursuant to chapter 536 to review, to delay the effective 104
119	119	date, or to disapprove and annul a rule are subsequently 105
120	120	held unconstitutional, then the grant of rulemaking 106
121	121	authority and any rule proposed or adopted after August 28, 107
122	122	2025, shall be invali d and void. 108
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