§74-12005. Written verification prior to contract.

310 words·~1 min read·/ok/title-74-state-government/74-12005·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. As used in this section only of the Energy Discrimination Elimination Act of 2022, "governmental entity" means a state agency or political subdivision of this state.

B. 1. Except for paragraph 4 of this subsection, this section applies only to a contract that:

is between a governmental entity and a company with

ten or more full-time employees, and

b. will pay a company One Hundred Thousand Dollars

($100,000.00) or more over the term of the contract

that is to be paid wholly or partly from public funds

of the governmental entity; 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, a governmental entity 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, a governmental entity shall not enter into a contract for goods or services with a listed financial company under Section 3 of this act.

4. Paragraphs 2 and 3 of this subsection shall not apply to:

a. a governmental entity that determines the requirements

of paragraphs 2 or 3 of this subsection are

inconsistent with the governmental entity's

constitutional or statutory duties related to the

issuance, incurrence, or management of debt

obligations or the deposit, custody, management,

borrowing, or investment of funds, and

b. a contract for which a governmental body 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. Added by Laws 2022, c. 231, § 5, eff. Nov. 1, 2022.