Oklahoma 2022 Regular Session

Oklahoma House Bill HB3144 Compare Versions

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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 3144 Page 1 1
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28		-	STATE OF OKLAHOMA:
29		-	SECTION 1. NEW LAW A new section of law to be codifi ed
30		-	in the Oklahoma Statutes as Section 85.44F of Title 74, unless there
31		-	is created a duplication in numbering, reads as follows:
32		-	A. As used in this section:
33		-	1. "Ammunition" means a loaded cartridge or shot shell, case,
34		-	primer, projectile, wadding, or propellant powder;
35		-	2. "Company" means a for-profit organization, association,
36		-	corporation, partnershi p, joint venture, limited partnership,
37		-	limited liability partnership, or limited liability company
38		-	including a wholly owned subsidiary, majority-owned subsidiary,
39		-	parent company, or an affiliate of those entities or associations
40		-	that exists to make a prof it. The term does not include a sole
41		-	proprietorship;
42		-	3. "Discriminate against a firearm entity or firearm trade
43		-	association" means, with respect to the entity or association, to:
44		-	a. refuse to engage in the trade of any goods or services
45		-	with the entity or association based solely on its
46		-	status as a firearm entity or firearm trade
47		-	association,
48		-	b. refrain from continuing an existing business
49		-	relationship with the entity or associa tion based
50		-	solely on its status as a firearm entity or firearm
51		-	trade association, or
	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 3144 By: West (Kevin), Olsen,
	32	+	Roberts (Sean), Gann and
	33	+	McDugle of the House
52	34
53		-	Req. No. 11529 Page 2 1
	35	+	and
	36	+
	37	+	Murdock of the Senate
	38	+
	39	+
	40	+
	41	+
	42	+
	43	+	[ firearms - specifying the type of entities that
	44	+	must comply with certain contract requirements -
	45	+	effective date ]
	46	+
	47	+
	48	+
	49	+
	50	+
	51	+	AUTHOR: Add the following Senate Coauthors: Jett, Bullard,
	52	+	Bergstrom, Leewright, David, Stephens, Rogers, and Merrick
	53	+
	54	+
	55	+	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
	56	+	and entire bill and insert
	57	+
	58	+
	59	+	“An Act relating to firearms; defining terms;
	60	+	specifying the type of entities providing for
	61	+	application of provisions to certain contracts;
	62	+	prohibiting governmental entities from contracting
	63	+	with companies without certain written verification;
	64	+	stating specifics of written verification; providing
	65	+	exceptions; allowing the Office of Management and
	66	+	Enterprise Services Central Purchasing Division to
	67	+	provide advice to governmental entities; providing
	68	+	for codification; and providing an effective date.
	69	+
	70	+
	71	+
	72	+
	73	+	ENGR. S. A. TO ENGR. H. B. NO. 3144 Page 2 1
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78		-	c. terminate an existing business relationship with the
79		-	entity or association based solely on its status as a
80		-	firearm entity or firearm trade association.
81		-	The term does not include the policies of a vendor, merchant, retail
82		-	seller, or platform that restrict or prohibit the listing or selling
83		-	of ammunition, firearms, or firearm accessories. The term also does
84		-	not include a company's refusal to engage in the trade of any goods
85		-	or services, decision to refrain from continuing an existing
86		-	business relationship, or decision to terminate an existing business
87		-	relationship to comply with federal, state, or local laws, policies,
88		-	or regulations or a directive by a regulatory agency, or for any
89		-	traditional business reason that is specific to the customer or
90		-	potential customer and not based solely on the status of an entity
91		-	or association as a firearm entity or firearm trade association;
92		-	4. "Firearm" means a weapon that expels a projectile by the
93		-	action of explosive or expanding gases;
94		-	5. "Firearm accessory" means a device specifically designed or
95		-	adapted to enable an individual to wear, carry, store, or mount a
96		-	firearm on the individual or on a conveyance and an item used in
97		-	conjunction with or mounted on a firearm that is not essential to
98		-	the basic function of the firearm. The term includes a detachable
99		-	firearm magazine;
100		-	6. "Firearm entity" means:
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102		-	Req. No. 11529 Page 3 1
	99	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	100	+	SECTION 1. NEW LAW A new section of law to be codified
	101	+	in the Oklahoma Statutes as Section 85.44F of Title 74, unless there
	102	+	is created a duplication in numbering, reads as follows:
	103	+	A. As used in this section:
	104	+	1. “Ammunition” means a loaded cartridge or shot shell, case,
	105	+	primer, projectile, or propellant powder ;
	106	+	2. “Company” means a for-profit organization, association,
	107	+	corporation, partnershi p, joint venture, limited partnership,
	108	+	limited liability partnership, or limited liability company
	109	+	including a wholly owned subsidiary, majority-owned subsidiary,
	110	+	parent company, or an affiliate of those entities or associations
	111	+	that exists to make a prof it. The term does not include a sole
	112	+	proprietorship;
	113	+	3. “Discriminate against a firearm entity or firearm trade
	114	+	association” means, with respect to the entity or association, to:
	115	+	a. refuse to engage in the trade of any goods or services
	116	+	with the entity or association based solely on its
	117	+	status as a firearm entity or firearm trade
	118	+	association,
	119	+	b. refrain from continuing an existing business
	120	+	relationship with the entity or associa tion based
	121	+
	122	+	ENGR. S. A. TO ENGR. H. B. NO. 3144 Page 3 1
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127		-	a. a firearm, firearm accessory, or firearm ammunition
	147	+	solely on its status as a firearm entity or firearm
	148	+	trade association, or
	149	+	c. terminate an existing business relationship with the
	150	+	entity or association based solely on its status as a
	151	+	firearm entity or firearm trade association .
	152	+	The term does not include the policies of a merchant, retail
	153	+	seller, or platform that restrict or prohibit the listing or selling
	154	+	of ammunition, firearms, or firearm accessories. The term also does
	155	+	not include a company’s refusal to engage in the trade of any goods
	156	+	or services, decision to refrain from continuing an existing
	157	+	business relationship, or decision to terminate an existing business
	158	+	relationship to comply with federal, state, or local laws, policies,
	159	+	or regulations or a directive by a regulatory agency, or for any
	160	+	traditional business reason that is specific to the customer or
	161	+	potential customer and not based solely on the status of an entity
	162	+	or association as a firearm entity or firearm trade association;
	163	+	4. “Firearm” means a weapon that expels a pr ojectile by the
	164	+	action of explosive or expanding gases;
	165	+	5. “Firearm accessory” means a device specifically designed or
	166	+	adapted to enable an individual to wear, carry, store, or mount a
	167	+	firearm on the individual or on a conveyance and an item used in
	168	+	conjunction with or mounted on a firearm that is not essential to
	169	+	the basic function of the firearm. The term includes a detachable
	170	+	firearm magazine;
	171	+
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	196	+
	197	+	6. “Firearm entity” means:
	198	+	a. a firearm, firearm accessory or ammunition
128	199		manufacturer, distributor, wholesale r, supplier, or
129	200		retailer, and
130	201		b. a gun range;
131		-	7. "Firearm trade association " means any person, corporation,
	202	+	7. “Firearm trade association ” means any person, corporation,
132	203		unincorporated association, fe deration, business league, or business
133	204		organization that:
134	205		a. is not organized or operated for profit and for which
135	206		none of its net earnings inures to the benefit of any
136	207		private shareholder or ind ividual,
137	208		b. has two or more firearm entities as members , and
138	209		c. is exempt from federal income taxation under Section
139	210		501(a), Internal Rev enue Code of 1986, as an
140	211		organization described by Section 501(c) of that code;
141		-	8. "Governmental entity" means any branch, department, agency,
	212	+	8. “Governmental entity” means any branch, department, agency,
142	213		or instrumentality of state governme nt, or any official or other
143	214		person acting under color of state law, or any political subdivision
144	215		of this state; and
145		-	9. "Sole-source provider" means a supplier who provides goods
146		-	or services of a unique nature or goods or services that are solely
147		-	available through the supplier and the supplier is the only
148		-	practicable source to provide such goods or services.
	216	+	9. “Sole-source supplier” means one supplier that can provide a
	217	+	particular product, part , or service.
149	218		B. The provisions of this section shall apply only to a
150	219		contract that:
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177	246		1. Is between a governmental entity and a company with at least
178	247		ten (10) full-time employees; and
179	248		2. Has a value of at least One Hundred Thousand Dollars
180	249		($100,000.00) that is paid wholly or partly from public funds of the
181	250		governmental entity.
182	251		C. Except as provided by subsection D of this section, a
183		-	governmental entity ~~shall~~ not enter into a ~~contract~~ with a company
184		-	~~for~~ the purchase of goods or services unless the ~~contra ct~~ contains a
	252	+	governmental entity may not enter into a cont ract with a company for
	253	+	the purchase of goods or services unless the contract contains a
185	254		written verification from the company that it:
186	255		1. Does not have a practice, policy, guidance, or directive
187	256		that discriminates against a firearm entity or firearm trade
188	257		association; and
189	258		2. Will not discriminate during the term of the contract
190	259		against a firearm entity or firearm trade association.
191	260		D. The provisions of subsection C of this section shall not
192	261		apply to a governmental entity that:
193		-	1. Contracts with a sole-source provider; or
194		-	2. After requesting bids, only receives bids from comp anies
195		-	that do not comply with the provisions of subsection C of this
196		-	section.
197		-	E. The Central Purchasing Division of the Office of Management
198		-	and Enterprise Services shall have the authority and responsibilit y
199		-	of reviewing state governmental contracts to confirm that the
200		-	requirements of subsection C of this section have been satisfied.
	262	+	1. Contracts with a sole -source supplier; or
	263	+	2. Utilizes a statewide contract awarded by the Office of
	264	+	Management and Enterprise Services Central Purch asing Division.
	265	+	E. The Office of Management and En terprise Services Central
	266	+	Purchasing Division may provide advice to governmental entities that
	267	+	may be subject to the provisions of this act.
	268	+	SECTION 2. This act shall become effec tive November 1, 2022.”
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227		-	~~SECTION 2.~~ ~~This act shall become effec tive November 1~~, 2022.
	296	+	Passed the Senate the 27th day of April, 2022.
228	297
229		-	58-2-11529 GRS 05/10/22
	298	+
	299	+
	300	+	Presiding Officer of the Senate
	301	+
	302	+
	303	+	Passed the House of Represen tatives the ____ day of __________,
	304	+	2022.
	305	+
	306	+
	307	+
	308	+	Presiding Officer of the House
	309	+	of Representatives
	310	+
	311	+	ENGR. H. B. NO. 3144 Page 1 1
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	336	+	ENGROSSED HOUSE
	337	+	BILL NO. 3144 By: West (Kevin), Olsen,
	338	+	Roberts (Sean), Gann and
	339	+	McDugle of the House
	340	+
	341	+	and
	342	+
	343	+	Murdock of the Senate
	344	+
	345	+
	346	+
	347	+
	348	+
	349	+
	350	+	[ firearms - specifying the type of entities that
	351	+	must comply with certain contract requirements -
	352	+	effective date ]
	353	+
	354	+
	355	+
	356	+
	357	+	BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
	358	+	SECTION 3. NEW LAW A new section of law to be codified
	359	+	in the Oklahoma Statutes as Section 1289.31 of Title 21, unless
	360	+	there is created a dupli cation in numbering, reads as follows:
	361	+	A. As used in this section:
	362	+	1. "Ammunition" means a loaded cartridge or shot shell, case,
	363	+	primer, projectile, or propellant powder ;
	364	+	2. "Company" means a for-profit organization, association,
	365	+	corporation, partnershi p, joint venture, limited partnership,
	366	+	limited liability partnership, or limited liability company,
	367	+	including a wholly owned subsidiary, majority -owned subsidiary,
	368	+	parent company, or an affiliate of those entities or associations
	369	+
	370	+	ENGR. H. B. NO. 3144 Page 2 1
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	395	+	that exists to make a prof it. The term does not include a sole
	396	+	proprietorship;
	397	+	3. "Discriminate against a firearm entity or firearm trade
	398	+	association" means, with respect to the entity or association, to:
	399	+	a. refuse to engage in the trade of any goods or services
	400	+	with the entity or association based solely on its
	401	+	status as a firearm ent ity or firearm trade
	402	+	association,
	403	+	b. refrain from continuing an existing business
	404	+	relationship with the entity or association based
	405	+	solely on its status as a firearm entity or firearm
	406	+	trade association, or
	407	+	c. terminate an existing business relationship with the
	408	+	entity or association based solely on its status as a
	409	+	firearm entity or firearm trade association .
	410	+	The term does not include the established policies of a
	411	+	merchant, retail seller, or platfo rm that restrict or prohibit the
	412	+	listing or selling of ammunition, firearms, or firearm accessories.
	413	+	The term also does not include a company's refusal to engage in the
	414	+	trade of any goods or services, decision to refrain from continuing
	415	+	an existing business relationship, or decision to terminate an
	416	+	existing business relationship to comply with federal, state, or
	417	+	local laws, policies, or regulations or a directive by a regulatory
	418	+	agency, or for any traditional business reason that is specific to
	419	+
	420	+	ENGR. H. B. NO. 3144 Page 3 1
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	445	+	the customer or potential customer and not based solely on the
	446	+	status of an entity or association as a firearm entity or firearm
	447	+	trade association;
	448	+	4. "Firearm" means a weapon that expels a projectile by the
	449	+	action of explosive or expanding gases;
	450	+	5. "Firearm accessory" means a device specifically designed or
	451	+	adapted to enable an individual to wear, carry, store, or mount a
	452	+	firearm on the individual or on a conveyance and an item used in
	453	+	conjunction with or mounted on a firearm that is not essential to
	454	+	the basic function of the firearm. The term includes a detachable
	455	+	firearm magazine;
	456	+	6. "Firearm entity" means:
	457	+	a. a firearm, firearm accessory or ammunition
	458	+	manufacturer, distributor, wholesaler, supplier, or
	459	+	retailer, and
	460	+	b. a gun range;
	461	+	7. "Firearm trade association " means any person, corporation,
	462	+	unincorporated association , federation, business league, or business
	463	+	organization that:
	464	+	a. is not organized or operated for profit and for which
	465	+	none of its net earnings inures to the benefit of any
	466	+	private shareholder or ind ividual,
	467	+	b. has two or more firearm entities as members , and
	468	+
	469	+	ENGR. H. B. NO. 3144 Page 4 1
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	494	+	c. is exempt from federal income taxation under Section
	495	+	501(a), Internal Revenue Code of 1986, as an
	496	+	organization described by Section 501(c) of that code ;
	497	+	8. "Governmental entity" means any branch, department, agency,
	498	+	or instrumentality of state gov ernment, or any official or other
	499	+	person acting under color of state law, or any political subdivision
	500	+	of this state; and
	501	+	9. "Sole-source provider" means a provider that alone fulfills
	502	+	the needs of a governmental entity for a particular product, part ,
	503	+	or service.
	504	+	B. The provisions of this section shall apply only to a
	505	+	contract that:
	506	+	1. Is between a governmental entity and a company with at least
	507	+	ten (10) full-time employees; and
	508	+	2. Has a value of at least One Hundred Thousand Dollars
	509	+	($100,000.00) that is paid wholly or partly from public funds of the
	510	+	governmental entity.
	511	+	C. Except as provided by subsection D of this section, a
	512	+	governmental entity may not enter into a contract with a company for
	513	+	the purchase of goods or services unless the contract contains a
	514	+	written verification from the company that it:
	515	+	1. Does not have a practice, policy, guidance, or directive
	516	+	that discriminates against a firearm entity or firearm trade
	517	+	association; and
	518	+
	519	+	ENGR. H. B. NO. 3144 Page 5 1
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	544	+	2. Will not discriminate during the term of the contract
	545	+	against a firearm entity or firearm trade association.
	546	+	D. The provisions of subsection C of this section shall not
	547	+	apply to a governmental entity that:
	548	+	1. Contracts with a sole -source provider; or
	549	+	2. Does not receive a bid from a company that is able to
	550	+	provide the written verification required by subsection C of this
	551	+	section.
	552	+	E. The Director of the Office of Management and Enterprise
	553	+	Services shall provide oversight of and advice to governmental
	554	+	entities that may be subject to the provisions of this act.
	555	+	SECTION 4. This act shall become effec tive November 1, 2022.
	556	+	Passed the House of Representatives the 23rd day of March, 2022.
	557	+
	558	+
	559	+
	560	+
	561	+	Presiding Officer of the House
	562	+	of Representatives
	563	+
	564	+
	565	+	Passed the Senate the ___ day of __________, 2022.
	566	+
	567	+
	568	+
	569	+
	570	+	Presiding Officer of the Senate
	571	+
	572	+
230	573