1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 15 By: Murdock |
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6| AS INTRODUCED |
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7| An Act relating to firearms; defining terms; |
| specifying the type of entities that must comply with |
8| certain contract requirements; prohibiting |
| governmental entities from contracting with companies |
9| unless contracts contain certain written |
| verification; stating specifics of written |
10| verification; providing an exception for specific |
| governmental entities; requiring the Director of the |
11| Office of Management and Enterprise Services to |
| provide oversight and advice to governmental |
12| entities; providing for codification; and providing |
| an effective date. |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. NEW LAW A new section of law to be codified |
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17|in the Oklahoma Statutes as Section 1289.31 of Title 21, unless |
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18|there is created a duplication in numbering, reads as follows: |
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19| A. As used in this section: |
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20| 1. "Ammunition" means a loaded cartridge or shot shell, case, |
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21|primer, projectile, wadding, or propellant powder; |
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22| 2. "Company" means a for-profit organization, association, |
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23|corporation, partnership, joint venture, limited partnership, |
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24|limited liability partnership, or limited liability company, |
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1|including a wholly owned subsidiary, majority-owned subsidiary, |
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2|parent company, or an affiliate of those entities or associations |
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3|that exists to make a profit. The term does not include a sole |
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4|proprietorship; |
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5| 3. "Discriminate against a firearm entity or firearm trade |
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6|association" means, with respect to the entity or association, to: |
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7| a. refuse to engage in the trade of any goods or |
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8| services with the entity or association based solely |
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9| on its status as a firearm entity or firearm trade |
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10| association which includes the lawful products and |
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11| services provided by and lawful practices of firearm |
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12| entities and firearm trade associations, |
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13| b. refrain from continuing an existing business |
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14| relationship with the entity or association based |
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15| solely on its status as a firearm entity or firearm |
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16| trade association which includes the lawful products |
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17| and services provided by and lawful practices of |
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18| firearm entities and firearm trade associations, or |
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19| c. terminate an existing business relationship with the |
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20| entity or association based solely on its status as a |
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21| firearm entity or firearm trade association which |
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22| includes the lawful products and services provided by |
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23| and lawful practices of firearm entities and firearm |
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24| trade associations. |
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1|The term does not include the policies of a vendor, merchant, retail |
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2|seller, or platform that restrict or prohibit the listing or selling |
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3|of ammunition, firearms, or firearm accessories. The term also does |
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4|not include a company's refusal to engage in the trade of any goods |
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5|or services, decision to refrain from continuing an existing |
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6|business relationship, or decision to terminate an existing business |
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7|relationship to comply with federal, state, or local laws, policies, |
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8|or regulations or a directive by a regulatory agency, or for any |
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9|traditional business reason that is specific to the customer or |
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10|potential customer and not based solely on the status of an entity |
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11|or association as a firearm entity or firearm trade association |
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12|which includes the lawful products and services provided by and |
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13|lawful practices of firearm entities and firearm trade associations; |
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14| 4. "Firearm" means a weapon that expels a projectile by the |
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15|action of explosive or expanding gases; |
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16| 5. "Firearm accessory" means a device specifically designed or |
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17|adapted to enable an individual to wear, carry, store, or mount a |
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18|firearm on the individual or on a conveyance and an item used in |
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19|conjunction with or mounted on a firearm that is not essential to |
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20|the basic function of the firearm. The term includes a detachable |
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21|firearm magazine; |
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22| 6. "Firearm entity" means: |
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23| a. a firearm, firearm accessory or ammunition |
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1| manufacturer, distributor, wholesaler, supplier, or |
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2| retailer, and |
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3| b. a gun range; |
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4| 7. "Firearm trade association" means any person, corporation, |
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5|unincorporated association, federation, business league, or business |
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6|organization that: |
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7| a. is not organized or operated for profit and for which |
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8| none of its net earning inures to the benefit of any |
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9| private shareholder or individual, |
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10| b. has two or more firearm entities as members, and |
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11| c. is exempt from federal income taxation under Section |
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12| 501(a), Internal Revenue Code of 1986, as an |
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13| organization described by Section 501(c) of that code; |
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14| 8. "Governmental entity" means any branch, department, agency |
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15|or instrumentality of state government, or any official or other |
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16|person acting under color of state law, or any political subdivision |
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17|of this state; |
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18| 9. "Sole-source provider" means a supplier who provides goods |
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19|or services of a unique nature or goods or services that are solely |
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20|available through the supplier and the supplier is the only |
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21|practicable source to provide such goods or services; and |
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22| 10. "Contract" means a promise or set of promises constituting |
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23|an agreement between the parties that gives each a legal duty to the |
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24|other and also the right to seek a remedy for the breach of those |
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1|duties, but does not include an agreement related to investment |
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2|services. |
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3| B. The provisions of this section shall apply only to a |
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4|contract that: |
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5| 1. Is between a governmental entity and a company with at least |
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6|ten (10) full-time employees; and |
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7| 2. Has a value of at least One Hundred Thousand Dollars |
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8|($100,000.00) that is paid wholly or partly from public funds of the |
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9|governmental entity. |
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10| C. Except as provided by subsection D of this section, a |
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11|governmental entity may not enter in a contract with a company for |
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12|the purchase of goods or services unless the contract contains a |
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13|written verification from the company that it: |
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14| 1. Does not have a practice, policy, guidance, or directive |
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15|that discriminates against a firearm entity or firearm trade |
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16|association; and |
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17| 2. Will not discriminate during the term of the contract |
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18|against a firearm entity or firearm trade association. |
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19| D. The provisions of subsection C of this section shall not |
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20|apply to a governmental entity that: |
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21| 1. Contracts with a sole-source provider; or |
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22| 2. Does not receive a bid from a company that is able to |
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23|provide the written verification required by subsection C of this |
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24|section. |
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1| E. The Central Purchasing Division of the Office of Management |
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2|and Enterprise Services shall have the authority and responsibility |
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3|of reviewing state governmental contracts to confirm that the |
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4|requirements of subsection C of this section have been satisfied. |
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5| SECTION 2. This act shall become effective November 1, 2023. |
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7| 59-1-603 BG 12/7/2022 5:34:40 PM |
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