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SECOND REGULAR SESSION
HOUSE BILL NO. 3290
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE PLANK.
7182H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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Section A. Section 34.600, RSMo, is repealed, to read as follows: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 or ganized 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 or ganized 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 or ganized 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
EXPLANA TION — 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.
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 or ganized 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 or ganized 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 or ganized
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 or ganization,
3 8 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 af filiates 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 ef fective 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 ef fective 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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