The above act in a broad brush prohibits political subdivisions of the State from entering into contracts for goods and services with firms blacklisted by state treasurer under this act. It also requires certain contracts for good and services exceeding $100,000, to contain a certification that the vendor will not boycott energy companies. I have included the provisions with highlights.
I am reaching out to see how other municipalities are dealing with this issue. This could be particularly troublesome for those municipalities that have their own retirement system that contracts with blacklisted financial entities. Here is a list of blacklisted financial entities released by state treasurer; BLACKROCK, INC • WELLS FARGO & CO. • JPMORGAN CHASE & CO. • BANK OF AMERICAN.A. • STATE STREET CORP. • GOSVENOR CAP MANAGEMENT • LEXINGTON PARTNERS • FIRSTMARI( FUND PARTNERS • TOURCHSTON VC GLOBAL PARTNERS • WCM INVESTMENT MANAGEMENT • WILLIAM BLAIR • ACTIS • CLIMATE FIRST BANK
Title 74. State Government
https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST74#Chapter113-EnergyDiscriminationEliminationActof2022 Chapter 113 - Energy Discrimination Elimination Act of 2022
Section 12005 - Written Verificiation for Certain Contracts
Cite as: 74 O.S. § 12005 (OSCN 2023)
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:
a. 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.
Historical Data
Laws 2022, HB 2034, c. 231, § 5, eff. November 1, 2022.
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