1|STATE OF OKLAHOMA: | | | 2| SECTION 1. NEW LAW A new section of law to be codified | | | 3|in the Oklahoma Statutes as Section 85.44F of Title 74, unless there | | | 4|is created a duplication in numbering, reads as follows: | | | 5| A. As used in this section: | | | 6| 1. "Ammunition" means a loaded cartridge or shot shell, case, | | | 7|primer, projectile, wadding, or propellant powder; | | | 8| 2. "Company" means a for-profit organization, association, | | | 9|corporation, partnership, joint venture, limited partnership, | | | 10|limited liability partnership, or limited liability company | | | 11|including a wholly owned subsidiary, majority-owned subsidiary, | | | 12|parent company, or an affiliate of those entities or associations | | | 13|that exists to make a profit. The term does not include a sole | | | 14|proprietorship; | | | 15| 3. "Discriminate against a firearm entity or firearm trade | | | 16|association" means, with respect to the entity or association, to: | | | 17| a. refuse to engage in the trade of any goods or | | | 18| services with the entity or association based solely | | | 19| on its status as a firearm entity or firearm trade | | | 20| association, | | | 21| b. refrain from continuing an existing business | | | 22| relationship with the entity or association based | | | 23| solely on its status as a firearm entity or firearm | | | 24| trade association, or | | | arsid14224768 House Action _________________ Date _________ Page 1 ___________________________________________________________________________
1| c. terminate an existing business relationship with the | | | 2| entity or association based solely on its status as a | | | 3| firearm entity or firearm trade association. | | | 4|The term does not include the policies of a vendor, merchant, retail | | | 5|seller, or platform that restrict or prohibit the listing or selling | | | 6|of ammunition, firearms, or firearm accessories. The term also does | | | 7|not include a company's refusal to engage in the trade of any goods | | | 8|or services, decision to refrain from continuing an existing | | | 9|business relationship, or decision to terminate an existing business | | | 10|relationship to comply with federal, state, or local laws, policies, | | | 11|or regulations or a directive by a regulatory agency, or for any | | | 12|traditional business reason that is specific to the customer or | | | 13|potential customer and not based solely on the status of an entity | | | 14|or association as a firearm entity or firearm trade association; | | | 15| 4. "Firearm" means a weapon that expels a projectile by the | | | 16|action of explosive or expanding gases; | | | 17| 5. "Firearm accessory" means a device specifically designed or | | | 18|adapted to enable an individual to wear, carry, store, or mount a | | | 19|firearm on the individual or on a conveyance and an item used in | | | 20|conjunction with or mounted on a firearm that is not essential to | | | 21|the basic function of the firearm. The term includes a detachable | | | 22|firearm magazine; | | | 23| 6. "Firearm entity" means: | | | 24| | | | arsid14224768 House Action _________________ Date _________ Page 2 ___________________________________________________________________________
1| a. a firearm, firearm accessory, or firearm ammunition | | | 2| manufacturer, distributor, wholesaler, supplier, or | | | 3| retailer, and | | | 4| b. a gun range; | | | 5| 7. "Firearm trade association" means any person, corporation, | | | 6|unincorporated association, federation, business league, or business | | | 7|organization that: | | | 8| a. is not organized or operated for profit and for which | | | 9| none of its net earnings inures to the benefit of any | | | 10| private shareholder or individual, | | | 11| b. has two or more firearm entities as members, and | | | 12| c. is exempt from federal income taxation under Section | | | 13| 501(a), Internal Revenue Code of 1986, as an | | | 14| organization described by Section 501(c) of that code; | | | 15| 8. "Governmental entity" means any branch, department, agency, | | | 16|or instrumentality of state government, or any official or other | | | 17|person acting under color of state law, or any political subdivision | | | 18|of this state; and | | | 19| 9. "Sole-source provider" means a supplier who provides goods | | | 20|or services of a unique nature or goods or services that are solely | | | 21|available through the supplier and the supplier is the only | | | 22|practicable source to provide such goods or services. | | | 23| B. The provisions of this section shall apply only to a | | | 24|contract that: | | | arsid14224768 House Action _________________ Date _________ Page 3 ___________________________________________________________________________
1| 1. Is between a governmental entity and a company with at least | | | 2|ten (10) full-time employees; and | | | 3| 2. Has a value of at least One Hundred Thousand Dollars | | | 4|($100,000.00) that is paid wholly or partly from public funds of the | | | 5|governmental entity. | | | 6| C. Except as provided by subsection D of this section, a | | | 7|governmental entity shall not enter into a contract with a company | | | 8|for the purchase of goods or services unless the contract contains a | | | 9|written verification from the company that it: | | | 10| 1. Does not have a practice, policy, guidance, or directive | | | 11|that discriminates against a firearm entity or firearm trade | | | 12|association; and | | | 13| 2. Will not discriminate during the term of the contract | | | 14|against a firearm entity or firearm trade association. | | | 15| D. The provisions of subsection C of this section shall not | | | 16|apply to a governmental entity that: | | | 17| 1. Contracts with a sole-source provider; or | | | 18| 2. After requesting bids, only receives bids from companies | | | 19|that do not comply with the provisions of subsection C of this | | | 20|section. | | | 21| E. The Central Purchasing Division of the Office of Management | | | 22|and Enterprise Services shall have the authority and responsibility | | | 23|of reviewing state governmental contracts to confirm that the | | | 24|requirements of subsection C of this section have been satisfied. | | | arsid14224768 House Action _________________ Date _________ Page 4 ___________________________________________________________________________
1| SECTION 2. This act shall become effective November 1, 2022. | | | 2| | | | 3| 58-2-11529 GRS 05/10/22 | | | 4| | | | 5| | | | 6| | | | 7| | | | 8| | | | 9| | | | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid14224768 House Action _________________ Date _________ Page 5