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ENGROSSED HOUSE
BILL NO. 2043 By: Archer of the House
and
Hall of the Senate
[ Energy Discrimination Elimination Act of 2022 -
municipal and state agency contracts - application
of contract requirements ]
BE IT ENACTED BY THE PEOPLE OF TH E 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 Elimi nation Act of 2022, “governmental 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 wholly 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 f inancial
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 investmen t 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.
Passed the House of Representatives the 27th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of ___________, 2025.
Presiding Officer of the Senate