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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2034 By: McBride
COMMITTEE SUBSTITUTE
An Act relating to state contracts; declaring the oil
and gas industry a vital economic partner;
prohibiting state contracts without certain written
certification; prohibiting adoption of procurement,
investment or other policy that requires a person to
boycott the oil and gas industry; authorizing
approval of contracts and waiving of applications;
defining terms; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 580 of Title 74, unless there is
created a duplication in numbering, reads as follows:
A. The State of Oklahoma hereby declares that the oil and gas
industry is a vital part of the economy of the State of Oklahoma and
that the state, and those companies t hat do business by and through
the state, in the interest of the state's economic policy, should
not boycott the oil and gas industry.
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B. Except as provided in subsection D of this section, the
state shall not enter into a contract with a company unless t he
company submits a written certification that the company is not
currently engaged in a boycott, in any manner, of the oil and gas
industry that constitutes an integral part of business conducted or
sought to be conducted with the state.
C. The state shall not adopt a procurement, investment or other
policy that has the effect of inducing or requiring a person to
boycott the oil and gas industry, or to boycott a person doing
business with the oil and gas industry.
D. The Oklahoma Secretary of State shal l approve contracts or
may waive application of this section on any contract with any state
agency if the Secretary determines that compliance is not
practicable.
E. As used in this section:
1. "Boycott" means engaging in a refusal to deal, terminating
business activities or performing other actions that are intended to
limit commercial relations with persons or entities doing business
with the oil and gas industry;
2. "Oil and gas industry" means any company that is engaged in
exploration, production, r efining, servicing and transportation of
oil, natural gas or other petroleum products;
3. "Company" means an organization, association, corporation,
partnership, venture or other entity, its subsidiary or affiliate,
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that exists for profit -making purposes or to otherwise secure
economic advantage;
4. "Contract" means a written agreement between the state and a
company to acquire or dispose of goods or services with an aggregate
price of more than One Hundred Thousand Dollars ($100,000.00).
Contract does not mean a written agreement between the state and an
individual to acquire or dispose of goods or services, including
employment or consultant services; and
5. "State" means this state or an agency, board, commission or
department of this state.
SECTION 2. This act shall become effective November 1, 2021.
58-1-7585 LRB 02/18/21