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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 3144 By: West (Kevin), Olsen,
Roberts (Sean), Gann and
McDugle of the House
and
Murdock of the Senate
[ firearms - specifying the type of entities that
must comply with certain contract requirements -
effective date ]
AUTHOR: Add the following Senate Coauthors: Jett, Bullard,
Bergstrom, Leewright, David, Stephens, Rogers, and Merrick
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to firearms; defining terms;
specifying the type of entities providing for
application of provisions to certain contracts;
prohibiting governmental entities from contracting
with companies without certain written verification;
stating specifics of written verification; providing
exceptions; allowing the Office of Management and
Enterprise Services Central Purchasing Division to
provide advice to governmental entities; providing
for codification; and providing an effective date.
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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 85.44F of Title 74, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Ammunition” means a loaded cartridge or shot shell, case,
primer, projectile, or propellant powder ;
2. “Company” means a for-profit organization, association,
corporation, partnershi p, joint venture, limited partnership,
limited liability partnership, or limited liability company
including a wholly owned subsidiary, majority-owned subsidiary,
parent company, or an affiliate of those entities or associations
that exists to make a prof it. The term does not include a sole
proprietorship;
3. “Discriminate against a firearm entity or firearm trade
association” means, with respect to the entity or association, to:
a. refuse to engage in the trade of any goods or services
with the entity or association based solely on its
status as a firearm entity or firearm trade
association,
b. refrain from continuing an existing business
relationship with the entity or associa tion based
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solely on its status as a firearm entity or firearm
trade association, or
c. terminate an existing business relationship with the
entity or association based solely on its status as a
firearm entity or firearm trade association .
The term does not include the policies of a merchant, retail
seller, or platform that restrict or prohibit the listing or selling
of ammunition, firearms, or firearm accessories. The term also does
not include a company’s refusal to engage in the trade of any goods
or services, decision to refrain from continuing an existing
business relationship, or decision to terminate an existing business
relationship to comply with federal, state, or local laws, policies,
or regulations or a directive by a regulatory agency, or for any
traditional business reason that is specific to the customer or
potential customer and not based solely on the status of an entity
or association as a firearm entity or firearm trade association;
4. “Firearm” means a weapon that expels a pr ojectile by the
action of explosive or expanding gases;
5. “Firearm accessory” means a device specifically designed or
adapted to enable an individual to wear, carry, store, or mount a
firearm on the individual or on a conveyance and an item used in
conjunction with or mounted on a firearm that is not essential to
the basic function of the firearm. The term includes a detachable
firearm magazine;
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6. “Firearm entity” means:
a. a firearm, firearm accessory or ammunition
manufacturer, distributor, wholesale r, supplier, or
retailer, and
b. a gun range;
7. “Firearm trade association ” means any person, corporation,
unincorporated association, fe deration, business league, or business
organization that:
a. is not organized or operated for profit and for which
none of its net earnings inures to the benefit of any
private shareholder or ind ividual,
b. has two or more firearm entities as members , and
c. is exempt from federal income taxation under Section
501(a), Internal Rev enue Code of 1986, as an
organization described by Section 501(c) of that code;
8. “Governmental entity” means any branch, department, agency,
or instrumentality of state governme nt, or any official or other
person acting under color of state law, or any political subdivision
of this state; and
9. “Sole-source supplier” means one supplier that can provide a
particular product, part , or service.
B. The provisions of this section shall apply only to a
contract that:
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1. Is between a governmental entity and a company with at least
ten (10) full-time employees; and
2. Has a value of at least One Hundred Thousand Dollars
($100,000.00) that is paid wholly or partly from public funds of the
governmental entity.
C. Except as provided by subsection D of this section, a
governmental entity may not enter into a cont ract with a company for
the purchase of goods or services unless the contract contains a
written verification from the company that it:
1. Does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade
association; and
2. Will not discriminate during the term of the contract
against a firearm entity or firearm trade association.
D. The provisions of subsection C of this section shall not
apply to a governmental entity that:
1. Contracts with a sole -source supplier; or
2. Utilizes a statewide contract awarded by the Office of
Management and Enterprise Services Central Purch asing Division.
E. The Office of Management and En terprise Services Central
Purchasing Division may provide advice to governmental entities that
may be subject to the provisions of this act.
SECTION 2. This act shall become effec tive November 1, 2022.”
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Passed the Senate the 27th day of April, 2022.
Presiding Officer of the Senate
Passed the House of Represen tatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 3144 By: West (Kevin), Olsen,
Roberts (Sean), Gann and
McDugle of the House
and
Murdock of the Senate
[ firearms - specifying the type of entities that
must comply with certain contract requirements -
effective date ]
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289.31 of Title 21, unless
there is created a dupli cation in numbering, reads as follows:
A. As used in this section:
1. "Ammunition" means a loaded cartridge or shot shell, case,
primer, projectile, or propellant powder ;
2. "Company" means a for-profit organization, association,
corporation, partnershi p, joint venture, limited partnership,
limited liability partnership, or limited liability company,
including a wholly owned subsidiary, majority -owned subsidiary,
parent company, or an affiliate of those entities or associations
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that exists to make a prof it. The term does not include a sole
proprietorship;
3. "Discriminate against a firearm entity or firearm trade
association" means, with respect to the entity or association, to:
a. refuse to engage in the trade of any goods or services
with the entity or association based solely on its
status as a firearm ent ity or firearm trade
association,
b. refrain from continuing an existing business
relationship with the entity or association based
solely on its status as a firearm entity or firearm
trade association, or
c. terminate an existing business relationship with the
entity or association based solely on its status as a
firearm entity or firearm trade association .
The term does not include the established policies of a
merchant, retail seller, or platfo rm that restrict or prohibit the
listing or selling of ammunition, firearms, or firearm accessories.
The term also does not include a company's refusal to engage in the
trade of any goods or services, decision to refrain from continuing
an existing business relationship, or decision to terminate an
existing business relationship to comply with federal, state, or
local laws, policies, or regulations or a directive by a regulatory
agency, or for any traditional business reason that is specific to
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the customer or potential customer and not based solely on the
status of an entity or association as a firearm entity or firearm
trade association;
4. "Firearm" means a weapon that expels a projectile by the
action of explosive or expanding gases;
5. "Firearm accessory" means a device specifically designed or
adapted to enable an individual to wear, carry, store, or mount a
firearm on the individual or on a conveyance and an item used in
conjunction with or mounted on a firearm that is not essential to
the basic function of the firearm. The term includes a detachable
firearm magazine;
6. "Firearm entity" means:
a. a firearm, firearm accessory or ammunition
manufacturer, distributor, wholesaler, supplier, or
retailer, and
b. a gun range;
7. "Firearm trade association " means any person, corporation,
unincorporated association , federation, business league, or business
organization that:
a. is not organized or operated for profit and for which
none of its net earnings inures to the benefit of any
private shareholder or ind ividual,
b. has two or more firearm entities as members , and
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c. is exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as an
organization described by Section 501(c) of that code ;
8. "Governmental entity" means any branch, department, agency,
or instrumentality of state gov ernment, or any official or other
person acting under color of state law, or any political subdivision
of this state; and
9. "Sole-source provider" means a provider that alone fulfills
the needs of a governmental entity for a particular product, part ,
or service.
B. The provisions of this section shall apply only to a
contract that:
1. Is between a governmental entity and a company with at least
ten (10) full-time employees; and
2. Has a value of at least One Hundred Thousand Dollars
($100,000.00) that is paid wholly or partly from public funds of the
governmental entity.
C. Except as provided by subsection D of this section, a
governmental entity may not enter into a contract with a company for
the purchase of goods or services unless the contract contains a
written verification from the company that it:
1. Does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade
association; and
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2. Will not discriminate during the term of the contract
against a firearm entity or firearm trade association.
D. The provisions of subsection C of this section shall not
apply to a governmental entity that:
1. Contracts with a sole -source provider; or
2. Does not receive a bid from a company that is able to
provide the written verification required by subsection C of this
section.
E. The Director of the Office of Management and Enterprise
Services shall provide oversight of and advice to governmental
entities that may be subject to the provisions of this act.
SECTION 4. This act shall become effec tive November 1, 2022.
Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate