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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4014 By: McBride
AS INTRODUCED
An Act relating to state contracts; amending Section
5, Chapter 231, O.S.L. 2022 (74 O.S. Supp. 2023,
Section 12005), which relates to the Energy
Discrimination Elimination Act of 2022 ; modifying
definition; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 5, Chapter 231, O.S.L.
2022 (74 O.S. Supp. 2023, Section 12005), is amended to read as
follows:
Section 12005. A. As used in this section only of th e Energy
Discrimination Elimination Act of 2022, "governmental entity" means
a state agency or political subdivision, board, commission, or
department of this state.
B. 1. Except for paragraph 4 of this subsection, this section
applies only to a contract that:
a. is between a governmenta l entity and a company with
ten or more full-time employees, and
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b. will pay a company One Hundred Thousand Dollars
($100,000.00) or more over the t erm of the contract
that is to be paid wholly or par tly from public funds
of the governmental entit y; provided, however, the
provisions of this paragraph shall apply separately to
all companies in a multiple party contract.
2. Except as provided by paragr aph 4 of this subsection, a
governmental entity shall not enter into a contract with a company
for goods or services unless the contract contains a written
verification from the company that it:
a. does not boycott energy companies, and
b. will not boycott energy companies during the term of
the contract.
3. Except as provided by paragraph 4 of this subsection, a
governmental entity shall not enter into a contract for goods or
services with a listed financial company under Section 3 12003 of
this act title.
4. Paragraphs 2 and 3 of this subsection shall not apply to:
a. a governmental entity that determines the requirement s
of paragraphs paragraph 2 or 3 of this subsection are
inconsistent with the governmental entity's
constitutional or statutory duties related to the
issuance, incurrence, or management of debt
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obligations or the deposit, custody, management,
borrowing, or investmen t of funds, and
b. a contract for which a governmental body determines
the supplies or services to be provided are not
otherwise reasonably available from a company that is
not a listed financial comp any under Section 3 12003
of this act title.
SECTION 2. This act shall become effective November 1, 2024.
59-2-8627 LRB 11/29/23