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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2043 By: Archer
AS INTRODUCED
An Act relating to the Energy Discrimination
Elimination Act of 2022; amending Section 5, Chapter
231, O.S.L. 2022 (74 O.S. Supp. 202 4, Section 12005),
which relates to municipal and state agency
contracts; deleting definition; modifying application
of certain contract requirements; updating statutory
reference; and declaring an emergency.
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. 20 24, Section 12005), is amended to read as
follows:
Section 12005. A. As used in this section only of the Energy
Discrimination Elimination Act of 2022, “g overnmental entity” means
a state agency or political subdivision of this state .
B. 1. Except for paragraph 4 of this subsection as provided in
subsection B of this section , this section applies only to a
contract that:
a. is between a governmental entity state agency and a
company with ten or more full -time employees, and
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b. will pay a company provides terms for payment of One
Hundred Thousand Dollars ($100,000.00) or more over
the term of the contract by a state agency to a
company that is to be paid wh olly or partly from
public funds of the governmental entity state agency;
provided, however, the provisions of this paragraph
shall apply separately to all companies in a multiple
party contract.
2. Except as provided by paragraph 4 of this subsection B of
this section, a governmental entity state agency 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 B of
this section, a governmental entity state agency shall not enter
into a contract for goods or services with a listed financial
company under Section 3 of this act 12003 of this title.
4. B. Paragraphs 2 and 3 of this subsection A of this section
shall not apply to:
a. a governmental entity 1. A state agency that determines the
requirements of paragraphs 2 or 3 of this subsection A of this
section are inconsistent with the governmental entity’s
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constitutional or statutory duties of the agency related to the
issuance, incurrence, or management of debt obligations or the
deposit, custody, management, borrowing, or investment of funds ,
and; or
b. a 2. A contract for which that a governmental body state
agency determines the supplies or services to be provided are not
otherwise reasonably available from a company that is not a listed
financial company under Section 3 of this act 12003 of this title.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-11323 MAH 12/30/24