SB 923 - This act creates various new provisions relating to protecting public assets from adversarial foreign interests.PROCUREMENT PROTECTION ACT OF 2024 (Section 34.1200)
The act creates the "Procurement Protection Act of 2024". The act prohibits bidding on or submitting a proposal for a contract to provides goods or services to a state agency or any political subdivision by any of the following covered companies:
· A state-owned enterprise of a foreign adversary;
· A company domiciled within the People's Republic of China;
· A foreign adversary company;
· A federally banned corporation; or
· Any company that offers to provide goods or services to a state agency or a political subdivision of the state that are manufactured or produced by an entity described in any of the foregoing entities.
State agencies and political subdivisions seeking bids or proposals for contracts to provide goods or services must require companies submitting bids or proposals to certify that the company is not a covered company. Any company that falsely certifies that it is not a covered company shall be liable for a civil penalty equal to the greater of $250,000 or twice the amount of the contract, shall have the contract terminated, and shall be ineligible to bid on contracts for goods or services with the state or any political subdivision for 60 months thereafter.
Companies are also required to submit certain disclosures and certifications with any bid indicating whether the company or any of its corporate parents or subsidiaries has had business operations that involved contracts with or provision of supplies or services from or to certain adversarial foreign entities, as described in the act.
RETIREMENT PLANS - DIVESTMENT FROM ADVERSARIAL FOREIGN ENTITIES (Section 105.689)
The act prohibits any retirement system or investment fiduciary from investing funds of a system in any stocks, bonds, or any direct holdings of a covered company, as that term is used in the Procurement Protection Act of 2024.
SECURE TELECOMMUNICATIONS ACT OF 2024 (Section 386.215)
The act creates the Secure Telecommunications Act of 2024. The act prohibits all critical telecommunications infrastructure, as that term is defined in the act, located within or serving the state of Missouri from being constructed using the following:
· Equipment manufactured by a federally banned corporation, as that term is defined in the act;
· Any equipment that has been banned by a federal authority;
· Equipment manufactured in or by a foreign adversary, as that term is defined in the act, a state-owned enterprise of a foreign adversary, or a company domiciled within a foreign adversary, including any equipment whose critical or necessary components are manufactured in or by any of the foregoing.
All critical telecommunications infrastructure in operation within or serving the state of Missouri, including any critical telecommunications infrastructure that is not permanently disabled, shall have all equipment prohibited by this act removed and replaced with equipment that is not prohibited.
Any telecommunications provider that removes, discontinues, or replaces any prohibited telecommunications equipment or service shall not be required to obtain any additional permits from the Public Service Commission, any other state agency, or any political subdivision for the removal, discontinuance, or replacement of such communications equipment or service as long as the Public Service Commission, state agency, or political subdivision is properly notified of the necessary replacements and the replacement communications equipment is similar to the existing communications equipment.
SCOTT SVAGERA