HOUSE BILL NO. 3290 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PLANK.
7182H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 34.600, RSMo, relating to public entity contracts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 34.600, RSMo, is repealed, to read as follows: [34.600. 1. This section shall be known as the "Anti-Discrimination 2 Against Israel Act". 3 2. A public entity shall not enter into a contract with a company to 4 acquire or dispose of services, supplies, information technology, or 5 construction unless the contract includes a written certification that the 6 company is not currently engaged in and shall not, for the duration of the 7 contract, engage in a boycott of goods or services from the State of Israel; 8 companies doing business in or with Israel or authorized by, licensed by, or 9 organized under the laws of the State of Israel; or persons or entities doing 10 business in the State of Israel. This section shall not apply to contracts with a 11 total potential value of less than one hundred thousand dollars or to contractors 12 with fewer than ten employees. 13 3. As used in this section, the following terms and phrases shall mean: 14 (1) "Boycott Israel" and "boycott of the State of Israel", engaging in 15 refusals to deal, terminating business activities, or other actions to discriminate 16 against, inflict economic harm, or otherwise limit commercial relations 17 specifically with the State of Israel; companies doing business in or with Israel 18 or authorized by, licensed by, or organized under the laws of the State of Israel; 19 or persons or entities doing business in the State of Israel, that are all intended 20 to support a boycott of the State of Israel. A company's statement that it is 21 participating in boycotts of the State of Israel; companies doing business in or 22 with Israel or authorized by, licensed by, or organized under the laws of the 23 State of Israel; or persons or entities doing business in the State of Israel, or 24 that it has taken the boycott action at the request, in compliance with, or in
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3290 2
25 furtherance of calls for a boycott of the State of Israel; companies doing 26 business in or with Israel or authorized by, licensed by, or organized under the 27 laws of the State of Israel; or persons or entities doing business in the State of 28 Israel shall be considered to be conclusive evidence that a company is 29 participating in a boycott of the State of Israel; companies doing business in or 30 with Israel or authorized by, licensed by, or organized under the laws of the 31 State of Israel; or persons or entities doing business in the State of Israel; 32 provided, however that a company that has made no such statement may still 33 be considered to be participating in a boycott of the State of Israel; companies 34 doing business in or with Israel or authorized by, licensed by, or organized 35 under the laws of the State of Israel; or persons or entities doing business in the 36 State of Israel if other factors warrant such a conclusion; 37 (2) "Company", any for-profit or not-for-profit organization, 38 association, corporation, partnership, joint venture, limited partnership, 39 limited liability partnership, limited liability company, or other entity or 40 business association, including all wholly owned subsidiaries, majority-owned 41 subsidiaries, parent companies, or affiliates of those entities or business 42 associations; 43 (3) "Public entity", the state of Missouri or any political subdivision 44 thereof, including all boards, commissions, agencies, institutions, authorities, 45 and bodies politic and corporate of the state created by or in accordance with 46 state law or regulations. 47 4. Any contract that fails to comply with the provisions of this section 48 shall be void against public policy. 49 5. The commissioner of administration or his or her designee may 50 promulgate regulations to implement the provisions of this section so long as 51 they are consistent with this section and do not create any exceptions. Any 52 rule or portion of a rule, as that term is defined in section 536.010, that is 53 created under the authority of this section shall become effective only if it 54 complies with and is subject to all of the provisions of chapter 536 and, if 55 applicable, section 536.028. This section and chapter 536 are nonseverable 56 and if any of the powers vested with the general assembly pursuant to chapter 57 536 to review, to delay the effective date, or to disapprove and annul a rule are 58 subsequently held unconstitutional, then the grant of rulemaking authority and 59 any rule proposed or adopted after August 28, 2020, shall be invalid and void.]
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Statutes affected: