34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 1510 By: Hall and Boren of the |
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37 | 30 | | Senate |
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38 | 31 | | |
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39 | 32 | | and |
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40 | 33 | | |
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41 | 34 | | Archer of the House |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to the Energy Discrimination |
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46 | 39 | | Elimination Act of 2022; amending Section 5, Chapter |
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47 | 40 | | 231, O.S.L. 2022 (74 O.S. Supp. 2023, Section 12005), |
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48 | 41 | | which relates to municipal and state a gency |
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49 | 42 | | contracts; deleting definition; modifying application |
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50 | 43 | | of certain contract requirements; updating statutory |
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51 | 44 | | reference; and declaring an emergency . |
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52 | 45 | | |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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58 | 51 | | SECTION 1. AMENDATORY Section 5, Chapter 231, O.S.L. |
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59 | 52 | | 2022 (74 O.S. Supp. 2023, Section 12005), is amended to read as |
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60 | 53 | | follows: |
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61 | 54 | | Section 12005. A. As used in this section only of th e Energy |
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62 | 55 | | Discrimination Elimination Act of 2022, “governmental entity” means |
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63 | 56 | | a state agency or political subdivision of this state. |
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64 | 57 | | B. 1. Except for paragraph 4 of this subsection as provided in |
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65 | 58 | | subsection B of this section, this section applies only to a |
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66 | 59 | | contract that: |
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96 | 88 | | b. will pay a company provides terms for payment of One |
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97 | 89 | | Hundred Thousand Dollars ($100,000.00) or more over |
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98 | 90 | | the term of the contract by a state agency to a |
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99 | 91 | | company that is to be paid wholly or par tly from |
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100 | 92 | | public funds of the governmental entity state agency; |
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101 | 93 | | provided, however, the provisions of this paragraph |
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102 | 94 | | shall apply separately to all companies in a multiple |
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103 | 95 | | party contract. |
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104 | 96 | | 2. Except as provided by paragraph 4 of this subsection B of |
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105 | 97 | | this section, a governmental entity state agency shall not enter |
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106 | 98 | | into a contract with a company for goods or services unless the |
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107 | 99 | | contract contains a written verification from the company that it: |
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108 | 100 | | a. does not boycott energy companies, and |
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109 | 101 | | b. will not boycott energy companies during the term of |
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110 | 102 | | the contract. |
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111 | 103 | | 3. Except as provided by paragraph 4 of this subsection B of |
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112 | 104 | | this section, a governmental entity state agency shall not enter |
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113 | 105 | | into a contract for goods or services with a listed financial |
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114 | 106 | | company under Section 3 of this act 12003 of this title. |
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115 | 107 | | 4. B. Paragraphs 2 and 3 of this subsection A of this section |
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116 | 108 | | shall not apply to: |
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147 | 138 | | constitutional or statutory duties of the agency related to the |
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148 | 139 | | issuance, incurrence, or management of debt obligations or t he |
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149 | 140 | | deposit, custody, management, borrowing, or investment of funds, |
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150 | 141 | | and; or |
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151 | 142 | | b. a 2. A contract for which that a governmental body state |
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152 | 143 | | agency determines the supplies or services to be provided are not |
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153 | 144 | | otherwise reasonably a vailable from a company that is not a listed |
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154 | 145 | | financial company under Section 3 of this act 12003 of this title. |
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155 | 146 | | SECTION 2. It being immediately necessary for the preservation |
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156 | 147 | | of the public peace, health or safety, an emergency is hereby |
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157 | 148 | | declared to exist, by reason whereof this act shal l take effect and |
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158 | 149 | | be in full force from and after its passage and approval. |
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