Back to Missouri

SB1302 • 2026

Prohibits giving preferential treatment or discrimination based upon ESG scores

Prohibits giving preferential treatment or discrimination based upon ESG scores

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Moon, Mike; House handler: N/A
Last action
2026-01-27
Official status
Second Read and Referred S Insurance and Banking Committee
Effective date
2026-08-28

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Prohibits giving preferential treatment or discrimination based upon ESG scores

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1302 - This act creates new provisions relating to public contracts.

What This Bill Does

  • The following summaries of this bill are available: Print All Summaries Introduced Print SB 1302 - This act creates new provisions relating to public contracts.
  • This act is identical to SB 338 (2025) and SB 1142 (2024).
  • BANKING CONTRACTS - RESTRICTED FINANCIAL INSTITUTIONS The act requires the State Treasurer to create a Restricted Financial Institutions List, containing the names of financial institutions that are engaged in a boycott of companies, as that phrase is defined in the act.
  • The list is to be used by the Treasurer for the purpose of determining which financial institutions to enter into banking contracts with.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-27 S242

    Second Read and Referred S Insurance and Banking Committee

  2. 2026-01-07 S79

    S First Read

  3. 2025-12-01 Missouri House of Representatives and Missouri Senate

    Prefiled

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

Print

SB 1302 - This act creates new provisions relating to public contracts. This act is identical to SB 338 (2025) and SB 1142 (2024).

BANKING CONTRACTS - RESTRICTED FINANCIAL INSTITUTIONS
The act requires the State Treasurer to create a Restricted Financial Institutions List, containing the names of financial institutions that are engaged in a boycott of companies, as that phrase is defined in the act. The list is to be used by the Treasurer for the purpose of determining which financial institutions to enter into banking contracts with. The list must be updated annually and is required to be posted on the Treasurer's website and delivered to the Governor, the President Pro Tem of the Senate, and the Speaker of the House of Representatives.

The act requires a notice period for financial institutions prior to being included on the Restricted Financial Institutions List. Specifically, 45 days prior to including a financial institution on the restricted financial institution list, the Treasurer shall send a written notice to the institution notifying it that it has the opportunity to demonstrate that it is not engaged in a boycott of companies. Following inclusion on the list, the financial institution may be removed upon demonstration to the Treasurer that it has ceased all boycotts.

The act permits the Treasurer to disqualify restricted financial institutions from the competitive bidding process or from any other official selection process for any banking contract. The Treasurer may refuse to enter into a banking contract or an extension of any banking contract with a restricted financial institution based on its restricted financial institution status. The Treasurer may require, as a term of any banking contract, an agreement by the financial institution not to engage in a boycott for the duration of the contract.

With respect to actions taken in compliance with this act, a public body, public official, public employee, or member or employee of a financial institution shall be immune from any liability.

No party may take action to penalize or threaten to penalize any financial institution for compliance with this act. Furthermore, any contract subject to this act may be enforced by the Attorney General who shall have the same investigatory authority as permitted under the Missouri Merchandising Practices Act.

In addition to any other remedies available at law or equity, a company that provides false information to the Treasurer and later receives state monies, or violates a contractual agreement with the state not to engage in a boycott, is required to pay damages to the state in an amount equal to three times all monies paid to the company by the state for the company's goods or services.

PUBLIC CONTRACTS - TREATMENT BASED ON ENVIRONMENTAL, SOCIAL AND GOVERNANCE SCORE
This act requires public bodies to ensure that bidders, offerors, contractors, or subcontractors, when engaged in procuring or letting contracts for any purpose, are not given preferential treatment or discriminated against based on an environmental, social and governance score, as defined in the act.

This provision is similar to SB 1350 (2024), SB 1518 (2024), SB 50 (2023) and SB 1171 (2022).

This act contains a severability clause.
SCOTT SVAGERA

Current Bill Text

Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 1302
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
5658S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 30 and 34, RSMo, by adding thereto two new sections relating to public
contracts, with a severability clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapters 30 and 34, RSMo, are amended by adding 1
thereto two new sections, to be known as sections 30.620 and 2
34.715, to read as follows:3
30.620. 1. For the purposes of this section, the 1
following terms mean: 2
(1) "Banking contract", a contract entered into by the 3
state treasurer and a financial institution to provide 4
banking goods or services; 5
(2) "Boycott", performing any of the following acts 6
without a reasonable business purpose: 7
(a) Refusing to deal with a company; 8
(b) Terminating business activities with a company; or 9
(c) Any other action that is intended to penalize, 10
inflict economic harm on, or limit commercial relations with 11
a company because the company: 12
a. Engages in the exploration, production, 13
utilization, transportation, sale, or manufacturing of 14
fossil fuel-based energy, timber, mining, or agriculture; 15
b. Engages in the exploration, production, 16
utilization, transportation, sale, or manufacturing of 17
SB 1302 2
fossil fuel-based energy and does not commit or pledge to 18
meet environmental standards beyond applicable federal and 19
state law; or 20
c. Does business with a company that engages in the 21
exploration, production, utilization, transportation, sale, 22
or manufacturing of fossil fuel-based energy; 23
(3) "Company", any sole proprietorship, organization, 24
association, corporation, partnership, joint venture, 25
limited partnership, limited liability partnership, limited 26
liability company, or other entity or business association, 27
including all wholly-owned subsidiaries, majority-owned 28
subsidiaries, parent companies, or affiliates of those 29
entities or business associations, that exist for the 30
purpose of making profit; 31
(4) "Financial institution", a bank, national banking 32
association, nonbank financial institution, a bank and trust 33
company, a trust company, a savings and loan association, a 34
building and loan association, a mutual savings bank, a 35
credit union, or a savings bank; 36
(5) "Reasonable business purpose", includes any 37
purpose directly related to: 38
(a) Promoting the financial success or stability of a 39
financial institution; 40
(b) Mitigating risk to a financial institution; 41
(c) Complying with legal or regulatory requirements; or 42
(d) Limiting liability of a financial institution; 43
(6) "Restricted financial institution", a financial 44
institution included in the most recently updated restricted 45
financial institution list; 46
(7) "Restricted financial institution list", the list 47
of financial institutions prepared, maintained, and 48
published pursuant to this section. 49
SB 1302 3
2. (1) The state treasurer shall create and maintain 50
a restricted financial institution list containing the names 51
of financial institutions that are engaged in a boycott. 52
The list shall be used by the state treasurer for the 53
purpose of determining which financial institutions to enter 54
into a banking contract with. 55
(2) The state treasurer shall publicly post the 56
restricted financial institution list on the state 57
treasurer's website and submit a copy of the list to the 58
governor, the president pro tempore of the senate, and the 59
speaker of the house of representatives. 60
(3) A citation to this section and a brief summary of 61
the purpose of the list shall appear at the top of the list, 62
including a statement that inclusion on the list is not an 63
indication of unsafe or unsound operating conditions of any 64
financial institution nor any risk to consumer deposits. 65
(4) The state treasurer shall update the restricted 66
financial institution list annually, or more often if the 67
state treasurer considers it necessary. 68
3. (1) At least forty-five days prior to including a 69
financial institution on the restricted financial 70
institution list, the state treasurer shall send a written 71
notice to the institution containing the following 72
information: 73
(a) That the state treasurer has determined that the 74
financial institution is a restricted financial institution; 75
(b) That the financial institution shall be placed on 76
the restricted financial institution list in forty-five days 77
unless, within thirty days following the receipt of the 78
written notice, the financial institution demonstrates that 79
it is not engaged in a boycott; 80
SB 1302 4
(c) That the restricted financial institution list is 81
published on the state treasurer's website; and 82
(d) That the financial institution's placement on the 83
list may render the financial institution ineligible to 84
enter into, or remain in, banking contracts with the state. 85
(2) Following a financial institution's inclusion on 86
the restricted financial institution list, the state 87
treasurer shall remove the financial institution from the 88
list if the financial institution demonstrates that it has 89
ceased all boycotts. 90
4. (1) In determining whether to include a financial 91
institution on the restricted financial institution list, 92
the state treasurer shall consider and may rely upon the 93
following information: 94
(a) A financial institution's certification that it is 95
not engaged in a boycott; 96
(b) Publicly available statements or information made 97
by the financial institution, including statements by a 98
member of a financial institution's governing body, an 99
executive director of a financial institution, or any other 100
officer or employee of the financial institution with the 101
authority to issue policy statements on behalf of the 102
financial institution; or 103
(c) Information published by a state or federal 104
government entity. 105
(2) In determining whether to include a financial 106
institution on the restricted financial institution list, 107
the state treasurer may not rely solely on the following 108
information: 109
(a) Statements or complaints by a company; or 110
(b) Media reports of a financial institution's boycott. 111
SB 1302 5
(3) A financial institution may not be compelled to 112
produce or disclose any data or information deemed 113
confidential, privileged, or otherwise protected from 114
disclosure by state or federal law. 115
5. (1) In selecting a financial institution to enter 116
into a banking contract, the state treasurer may disqualify 117
restricted financial institutions from the competitive 118
bidding process or from any other official selection process. 119
(2) The state treasurer may refuse to enter into a 120
banking contract or an extension of any banking contract 121
with a restricted financial institution based on its 122
restricted financial institution status. 123
(3) The state treasurer may require, as a term of any 124
banking contract, an agreement by the financial institution 125
not to engage in a boycott for the duration of the contract. 126
6. With respect to actions taken in compliance with 127
this section, a public body, public official, public 128
employee, or member or employee of a financial institution 129
shall be immune from any liability. 130
7. No party may take action to penalize or threaten to 131
penalize any financial institution for compliance with this 132
section. Any party taking such action shall have caused 133
harm to this state, including by interfering with the 134
state's sovereign interests in administering its programs 135
and with the state's commercial relationships with financial 136
institutions. 137
8. Any contract subject to this section may be 138
enforced by the attorney general. The attorney general may 139
investigate possible violations of this section in the same 140
manner as investigative authority is exercised pursuant to 141
section 407.040. 142
SB 1302 6
9. In addition to any other remedies available at law 143
or equity, a company that provides false information to the 144
state treasurer and later receives state monies, or violates 145
a contractual agreement with the state not to engage in a 146
boycott, shall be obligated to pay a civil penalty to the 147
state in an amount equal to three times all monies paid to 148
the company by the state for the company's goods or services. 149
34.715. 1. The state, any agency of the state, any 1
political subdivision of the state, or any instrumentality 2
thereof, when engaged in procuring or letting contracts for 3
any purpose shall ensure that bidders, offerors, 4
contractors, or subcontractors are not given preferential 5
treatment or discriminated against based on an 6
environmental, social, and governance score. 7
2. For purposes of this section, the term 8
"environmental, social, and governance score" means an 9
evaluation conducted by an entity that takes into 10
consideration one or more of the following: 11
(1) Whether the bidder, offeror, contractor, or 12
subcontractor engages in the exploration, production, 13
utilization, transportation, sale, or manufacturing of 14
fossil fuel-based energy and does not commit or pledge to 15
meet environmental standards beyond applicable state and 16
federal law; 17
(2) Whether the bidder, offeror, contractor, or 18
subcontractor engages in production agriculture; 19
(3) Whether the bidder, offeror, contractor, or 20
subcontractor spends funds on social welfare; 21
(4) The wages and working hours of the employees of 22
the bidder, offeror, contractor, or subcontractor; and 23
(5) The environmental policies of the bidder, offeror, 24
contractor, or subcontractor. 25
SB 1302 7
Section B. If any provision of section A of this act 1
or the application thereof to anyone or to any circumstance 2
is held invalid, the remainder of those sections and the 3
application of such provisions to others or other 4
circumstances shall not be affected thereby. 5
✓