Oklahoma 2022 Regular Session

Oklahoma House Bill HB2363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	ENGR. H. B. NO. 2363 Page 1 1
	3	+	HB2363 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
4	5		2
5	6		3
6	7		4
7	8		5
8	9		6
9	10		7
10	11		8
11	12		9
12	13		10
13	14		11
14	15		12
15	16		13
16	17		14
17	18		15
18	19		16
19	20		17
20	21		18
21	22		19
22	23		20
23	24		21
24	25		22
25	26		23
26	27		24
27	28
28		-	ENGROSSED HOUSE
29		-	BILL NO. 2363 By: Burns, West (Josh), Mize
30		-	and Cornwell of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
31	30
32		-	~~and~~
	31	+	STATE OF OKLAHOMA
33	32
34		-	Jett of the Senate
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 2363 By: Burns
35	38
36	39
37	40
38	41
39	42
40		-
	43	+	COMMITTEE SUBSTITUTE
41	44
42	45		An Act relating to charitable organizations; creating
43	46		disclosure requirements for solicitation materials;
44	47		amending 18 O.S. 2011, Section 552.3, as amended by
45	48		Section 1, Chapter 4, O.S.L. 2013 (18 O.S. Supp.
46	49		2020, Section 552.3), which relates to registration;
47	50		modifying required information; amending 18 O.S.
48	51		2011, Section 552.14a, which relates to violations of
49	52		the Oklahoma Solicitation of Charitable Contributions
50	53		Act; adding certain violation; updating references;
51	54		providing for codification; and providing an
52	55		effective date.
53	56
54	57
55	58
56	59
57	60
58	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	62		SECTION 1. NEW LAW A new section of law to be codified
60	63		in the Oklahoma Statutes as Section 552.23 of Title 18, unless there
61	64		is created a duplication in numbering, reads as follows:
62		-	Every charitable organization who has a gross revenue of One
63		-	Million Dollars ($1,000,000.00) or more and every professional
64		-	fundraiser that is required to be registered with the Office of the
65		-	Secretary of State pursuant to Sections 552.3 and 552.7 of Title 18
	65	+	A. Every charitable organi zation and professional fundraiser
	66	+	that is required to be registered with the Office of the Secretary
	67	+	of State pursuant to Sections 552.3 and 552.7 of Title 18 of the
66	68
67		-	ENGR. H. B. NO. 2363 Page 2 1
	69	+	HB2363 HFLR Page 2
	70	+	BOLD FACE denotes Committee Amendments. 1
68	71		2
69	72		3
70	73		4
71	74		5
72	75		6
73	76		7
74	77		8
75	78		9
76	79		10
77	80		11
78	81		12
79	82		13
80	83		14
81	84		15
82	85		16
83	86		17
84	87		18
85	88		19
86	89		20
87	90		21
88	91		22
89	92		23
90	93		24
91	94
92		-	~~of the~~ Oklahoma Statutes shall disclose all of the following
93		-	~~information at~~ the time of ~~solicitation~~:
	95	+	Oklahoma Statutes shall disclose all of the following information at
	96	+	the time of solicita tion:
94	97		1. The legal name of the charitable organization, any trade
95	98		names that the charitable organization uses, any other name the
96		-	organization may be identified or known as, or any distinctive ~~names~~
97		-	the organization uses for purposes of solicitation of ~~contributi ons,~~
98		-	as the name(s) appears on file with the Office of the ~~Secretary of~~
99		-	State, on whose behalf the solicitation is being made;
	99	+	organization may be identified or known as, and any distinctive
	100	+	names the organization uses for purposes of solicitation of
	101	+	contributions, as the name(s) appears on file with the Office of the
	102	+	Secretary of State, on whose behalf the solicitation is being made;
100	103		2. Upon request, the program(s) the funds solicited will be
101	104		used to support;
102	105		3. Upon request, the approximate percent age of contributions
103		-	solicited in a fiscal year to remain in Oklahoma;
	106	+	solicited in a fiscal year to remain in Oklahoma; and
104	107		4. Upon request, the process to obtain for free a copy of the
105	108		charitable organization's registration and financial information
106		-	from the Office of the Secretary of State ; and
107		-	5. On every written or printed solicitation , the following
108		-	disclosure statement verbatim:
109		-	"Registration on file with the Office of the Secretary of
110		-	State."
111		-	The disclosure statement shall be prominently displayed by use
112		-	of one or more of the following: underlining, a border, or bold
113		-	type. Where the solicitation consists of more than one piece, the
114		-	disclosure statement shall be displayed on a prominent part of the
115		-	solicitation materials. If the solicitation occurs on a website,
	109	+	from the Office of the Secretary of State.
	110	+	B. In addition to the information required by subsection A of
	111	+	this section, every written or printed solicitation shall
	112	+	prominently state the following disclosure statement verbatim:
	113	+	"A copy of [insert name of the charitable organization as it
	114	+	appears on file with the Office of the Secretary of State's]
	115	+	registration with the State of Oklahoma and financial information
	116	+	are available for free from the Oklahoma Office of the Secretary of
	117	+	State. Registration is not an endorsement by the State."
116	118
117		-	ENGR. H. B. NO. 2363 Page 3 1
	119	+	HB2363 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
118	121		2
119	122		3
120	123		4
121	124		5
122	125		6
123	126		7
124	127		8
125	128		9
126	129		10
127	130		11
128	131		12
129	132		13
130	133		14
131	134		15
132	135		16
133	136		17
134	137		18
135	138		19
136	139		20
137	140		21
138	141		22
139	142		23
140	143		24
141	144
	145	+	The disclosure statement shall be prominently displayed by use
	146	+	of one or more of the following: underlining, a border, or bold
	147	+	type. Where the solicitation consists of more than one piece, the
	148	+	disclosure statement shall be displayed on a prominent part of the
	149	+	solicitation materials. If the solicitation occurs on a website,
142	150		the disclosure statement must be prominently displayed on any
143	151		webpage that identifies a mailing address where contributions are to
144	152		be sent, identifies a telephone number to call to process
145	153		contributions, or pr ovides for online processing of contributions.
146	154		SECTION 2. AMENDATORY 18 O.S. 2011, Section 552.3, as
147	155		amended by Section 1, Chapter 4, O.S.L. 2013 (18 O.S. Supp. 2020,
148	156		Section 552.3), is amended to read as follows:
149	157		Section 552.3 A. No charitable organization that is either
150	158		located within this state or that is soliciting contributions from
151	159		any person in this state, except those specifically exempt under
152	160		Section 552.4 of this title, shall solicit contributions until the
153	161		charitable organization shall have registered with the Office of the
154	162		Secretary of State and filed information, as required by the
155	163		Oklahoma Solicitation of Charitable Contributions Act, on forms
156	164		approved by that office. At the time of registration, each
157	165		charitable organization, except as otherwise provided in this
158	166		section, shall pay a fee of Sixty -five Dollars ($65.00). The first
159	167		Fifteen Dollars ($15.00) of the fee shall be deposited to the credit
160	168		of the General Revenue Fund of the State Treasury. Thirty -four
161		-	Dollars ($34.00) of the fee shall be deposited to the credit of the
162		-	Attorney General Charitable Solic itations Enforcement Revolving Fund
163		-	and the remaining Sixteen Dollars ($16.00) shall be deposited to the
164		-	credit of the Secretary of State Charitable Solicitations Revolving
165		-	Fund. Provided, a charitable organization whose contributions
166	169
167		-	ENGR. H. B. NO. 2363 Page 4 1
	170	+	HB2363 HFLR Page 4
	171	+	BOLD FACE denotes Committee Amendments. 1
168	172		2
169	173		3
170	174		4
171	175		5
172	176		6
173	177		7
174	178		8
175	179		9
176	180		10
177	181		11
178	182		12
179	183		13
180	184		14
181	185		15
182	186		16
183	187		17
184	188		18
185	189		19
186	190		20
187	191		21
188	192		22
189	193		23
190	194		24
191	195
	196	+	Dollars ($34.00) of the fee shall be deposited to the credit of the
	197	+	Attorney General Charitable Solicitations Enforcement Revolving Fund
	198	+	and the remaining Sixteen Dollars ($16.00) shall be deposited to the
	199	+	credit of the Secretary of State Charitable Solicitations Revolving
	200	+	Fund. Provided, a charitable organization whose contributions
192	201		during the previous registration period did not exceed Ten Thousand
193		-	Dollars ($10,000.00) , or if this is the charitable organization's
	202	+	Dollars ($10,000.00) or if this is the charitable organization's
194	203		first registration period and the anticipated con tributions for the
195	204		current registration period are not expected to exceed Ten Thousand
196	205		Dollars ($10,000.00), shall pay a fee of Fifteen Dollars ($15.00) of
197	206		which Ten Dollars ($10.00) shall be deposited to the credit of the
198	207		Attorney General Charitable Solic itations Enforcement Revolving Fund
199	208		and the remaining Five Dollars ($5.00) shall be deposited to the
200	209		credit of the Secretary of State Charitable Solicitations Revolving
201	210		Fund. Each charitable organization that is required to register
202	211		under this act shall r egister annually with the Secretary of State
203	212		by the date that the charitable organization files its Form 990 or
204	213		by the date, plus extensions, that it is required to file its Form
205	214		990, whichever occurs first. Registration shall not be deemed to
206	215		constitute an endorsement by the state or by the Secretary of State
207	216		of any charitable organization or the proposed uses of the funds
208	217		solicited. The information so filed shall be available to the
209	218		general public. The charitable organization shall provide the
210	219		following information on the required forms:
211		-	1. The legal name of the charitable organization, any t rade
212		-	names that the charitable organization uses, any other name the
213		-	organization may be identified or known as, and any distinctive
214		-	names the organization uses for purposes of solicitation of
215		-	contributions;
216	220
217		-	ENGR. H. B. NO. 2363 Page 5 1
	221	+	HB2363 HFLR Page 5
	222	+	BOLD FACE denotes Committee Amendments. 1
218	223		2
219	224		3
220	225		4
221	226		5
222	227		6
223	228		7
224	229		8
225	230		9
226	231		10
227	232		11
228	233		12
229	234		13
230	235		14
231	236		15
232	237		16
233	238		17
234	239		18
235	240		19
236	241		20
237	242		21
238	243		22
239	244		23
240	245		24
241	246
	247	+	1. The legal name of the charitable organization, any trade
	248	+	names that the charitable organization uses, any other name the
	249	+	organization may be identified or known as, and any distinctive
	250	+	names the organization uses fo r purposes of solicitation of
	251	+	contributions;
242	252		2. The mailing address of the charitable organization which can
243	253		be a P.O. box address ;
244	254		3. The name and mailing address of:
245	255		a. each officer, director, trustee, and/or equivalent, and
246	256		b. each salaried executive employee of the charitable
247	257		organization;
248	258		4. The name and mailing address of:
249	259		a. each professional fundraiser or professional solicitor
250	260		that will have custody of the contributions, and
251	261		b. each person associated with a professional fundraiser,
252	262		professional solicitor or charitable organization that
253	263		is directly responsible for the payment and
254	264		distribution of funds collected;
255	265		5. The name and mailing address of each professional
256	266		fundraising counsel utilized by the charitable organization;
257	267		6. For charitable org anizations that register for the first
258	268		time, a statement of whether or not the charitable organization
259	269		believes contributions for the first year of registration will
260	270		exceed Ten Thousand Dollars ($10,000.00);
261		-	7. The purposes for which the contributions solicited are to be
262		-	used;
263		-	8. For charitable organizations who have a gross revenue of One
264		-	Million Dollars ($1,000,000.00) or more, the approximate percentage
265		-	of contributions solicited in a fiscal year to remain in Oklahoma;
266	271
267		-	ENGR. H. B. NO. 2363 Page 6 1
	272	+	HB2363 HFLR Page 6
	273	+	BOLD FACE denotes Committee Amendments. 1
268	274		2
269	275		3
270	276		4
271	277		5
272	278		6
273	279		7
274	280		8
275	281		9
276	282		10
277	283		11
278	284		12
279	285		13
280	286		14
281	287		15
282	288		16
283	289		17
284	290		18
285	291		19
286	292		20
287	293		21
288	294		22
289	295		23
290	296		24
291	297
	298	+	7. The purposes for which the contributions sol icited are to be
	299	+	used;
	300	+	8. The approximate percentage of contributions solicited in a
	301	+	fiscal year to remain in Oklahoma;
292	302		9. For the initial registration of a newly formed charitable
293	303		organization, a copy of a letter from the Internal Revenue Service,
294	304		or other evidence, showing that such organization is exempt from
295	305		federal income taxation; or, for a charitable organization that has
296	306		not applied for federal income tax exemption with the Internal
297	307		Revenue Service or is not required to apply for federal income ta x
298	308		exemption, evidence showing that said charitable organization is
299	309		organized in any state or jurisdiction as a not -for-profit entity;
300	310		9. 10. An identification of the period of time or periods
301	311		during which solicitations are to be conducted, which may be
302	312		specific periods, estimated or projected time frames, or continuous,
303	313		and which may involve different periods for different types of
304	314		solicitations by the same charitable organization;
305	315		10. 11. An identification of the specific method or methods of
306	316		solicitation utilized by the charitable organization and its agents;
307	317		11. 12. Whether the solicitation is to be conducted by the
308	318		following for or on behalf of the charitable organization:
309	319		professional fundraisers, employees or volunteers of the charitable
310	320		organization, and/or others; and
311		-	12. 13. If the solicitation is to be conducted in whole or in
312		-	part by professional fundraisers, the names and addresses of each
313		-	professional fundraiser involved in the solicitation; the basis of
314		-	payment or other considerati on payable to each professional
315		-	fundraiser and the nature of the arrangements between the charitable
316	321
317		-	ENGR. H. B. NO. 2363 Page 7 1
	322	+	HB2363 HFLR Page 7
	323	+	BOLD FACE denotes Committee Amendments. 1
318	324		2
319	325		3
320	326		4
321	327		5
322	328		6
323	329		7
324	330		8
325	331		9
326	332		10
327	333		11
328	334		12
329	335		13
330	336		14
331	337		15
332	338		16
333	339		17
334	340		18
335	341		19
336	342		20
337	343		21
338	344		22
339	345		23
340	346		24
341	347
	348	+	12. 13. If the solicitation is to be conducted in whole or in
	349	+	part by professional fundraisers, the names and addresses of each
	350	+	professional fundraiser involved in the solicitation; the basis of
	351	+	payment or other consideration payabl e to each professional
	352	+	fundraiser and the nature of the arrangements between the charitable
342	353		organization and each professional fundraiser, the specific amount,
343	354		formula or percentage of compensation, or property of any kind or
344	355		value to be paid or provided t o each professional fundraiser; and if
345	356		payment is based on a percentage, the amount of compensation as a
346	357		percentage of the total contributions received, and the net amount
347	358		of the total contributions received (total contributions received,
348	359		less expenses of solicitation other than amounts payable to any
349	360		professional fundraiser).
350	361		B. In addition to the required information in subsection A of
351	362		this section, every charitable organization subject to the
352	363		provisions of the Oklahoma Solicitation of Charitable Contrib utions
353	364		Act that has solicited contributions during the previous fiscal year
354	365		shall provide the following information:
355	366		1. The gross amount of the contributions, gifts, grants and
356	367		other similar amounts received by the charitable organization;
357	368		2. The total Program Service Expenses of the charitable
358	369		organization;
359	370		3. The total Management and General Expenses of the charitable
360	371		organization;
361		-	4. The total Fundraising Expenses of the charitable
362		-	organization; and
363		-	5. For charitable organizations who have a gross revenue of One
364		-	Million Dollars ($1,000,000.00) or more, the actual percentage of
365		-	contributions solicited that remained in Oklahoma;
366	372
367		-	ENGR. H. B. NO. 2363 Page 8 1
	373	+	HB2363 HFLR Page 8
	374	+	BOLD FACE denotes Committee Amendments. 1
368	375		2
369	376		3
370	377		4
371	378		5
372	379		6
373	380		7
374	381		8
375	382		9
376	383		10
377	384		11
378	385		12
379	386		13
380	387		14
381	388		15
382	389		16
383	390		17
384	391		18
385	392		19
386	393		20
387	394		21
388	395		22
389	396		23
390	397		24
391	398
	399	+	4. The total Fundraising Expenses of the charitable
	400	+	organization; and
	401	+	5. The actual percentage of contributions solicite d that
	402	+	remained in Oklahoma;
392	403		6. The actual percentage of funds raised spent on a commission
393	404		or fee to a professional fundraiser; and
394	405		7. The aggregate amount paid, or payable, to professional
395	406		fundraisers and professional fundraising counsel.
396	407		C. Any registration form required to be filed under this
397	408		section shall be executed by signature, without more, of the person
398	409		or persons signing the form, in which case the signature or
399	410		signatures shall constitute the affirmation of the signatory, under
400	411		penalty of perjury, that the signature is that person's act and deed
401	412		or the act and deed of the organization, and that the facts stated
402	413		therein are true.
403	414		D. If a charitable organization that is registered with the
404	415		Secretary of State to solicit contributions in this sta te changes
405	416		its name or the mailing address of its principal office, or plans to
406	417		engage in the solicitation of contributions using a name that is not
407	418		listed on its registration form, then it shall, prior to soliciting
408	419		any funds in this state using any such name, file with the Secretary
409	420		of State a statement executed by an authorized officer of the
410	421		organization setting forth any new name and mailing address along
411	422		with a fee of Twenty -five Dollars ($25.00). Such fee shall be
412		-	deposited to the credit of the General Revenue Fund of the State
413		-	Treasury.
414		-	E. Any fraternal or membership organization not based in
415		-	Oklahoma which solicits contributions from any person of this state
416	423
417		-	ENGR. H. B. NO. 2363 Page 9 1
	424	+	HB2363 HFLR Page 9
	425	+	BOLD FACE denotes Committee Amendments. 1
418	426		2
419	427		3
420	428		4
421	429		5
422	430		6
423	431		7
424	432		8
425	433		9
426	434		10
427	435		11
428	436		12
429	437		13
430	438		14
431	439		15
432	440		16
433	441		17
434	442		18
435	443		19
436	444		20
437	445		21
438	446		22
439	447		23
440	448		24
441	449
	450	+	deposited to the credit of the Gene ral Revenue Fund of the State
	451	+	Treasury.
	452	+	E. Any fraternal or membership organization not based in
	453	+	Oklahoma which solicits contributions from any person of this state
442	454		by telephone, or contracts with professional fundraisers to solicit
443	455		such contributions, sh all be required to have at least one member or
444	456		employee of the fraternal or membership organization residing within
445	457		the county where the call is received.
446	458		SECTION 3. AMENDATORY 18 O.S. 2011, Section 552.14a, is
447	459		amended to read as fo llows:
448	460		Section 552.14a A. Applicable to charitable organizations,
449	461		professional fundraisers and professional solicitors, the following
450	462		shall constitute violations of this act:
451	463		1. Knowingly making any false material statement or
452	464		representation on a regist ration application;
453	465		2. Using the name of a person when soliciting contributions or
454	466		in an advertisement, brochure, stationery or correspondence, without
455	467		the consent or approval in writing of such person, other than an
456	468		officer, director or trustee of the ch aritable organization by or
457	469		for which contributions are solicited. This paragraph shall not
458	470		apply to the use of the name of a person that has contributed to or
459	471		sponsored an event or program of the charitable organization in a
460	472		report, brochure, program or listing of donors, contributors,
461	473		sponsors, or supporters issued or published by a charitable
462		-	organization. This paragraph shall not apply to the use of a public
463		-	figure's name and/or likeness truthfully and in good faith, so long
464		-	as such use does not imply a false endorsement ;
465	474
466		-	ENGR. H. B. NO. 2363 Page 10 1
	475	+	HB2363 HFLR Page 10
	476	+	BOLD FACE denotes Committee Amendments. 1
467	477		2
468	478		3
469	479		4
470	480		5
471	481		6
472	482		7
473	483		8
474	484		9
475	485		10
476	486		11
477	487		12
478	488		13
479	489		14
480	490		15
481	491		16
482	492		17
483	493		18
484	494		19
485	495		20
486	496		21
487	497		22
488	498		23
489	499		24
490	500
	501	+	organization. This paragraph shall not apply to the use of a public
	502	+	figure's name and/or likeness truthfully and in good faith, so long
	503	+	as such use does not imply a false endorsement;
491	504		3. Knowingly using, in connection with solicitation of
492	505		contributions for the purpose of deceiving the public, a name
493	506		similar to other charitable organizations, professional fundraiser,
494	507		professional solicitor or government agency or p olitical
495	508		subdivision;
496	509		4. Failing to register as required pursuant to Sections Section
497	510		552.3, 552.7 or 552.9, as applicable, of Title 18 of the Oklahoma
498	511		Statutes this title unless otherwise exempted by this act;
499	512		5. Employing in any solicitation or collect ion of contributions
500	513		for a charitable organization any device, scheme or artifice to
501	514		defraud or for obtaining money or property by means of any false
502	515		pretense, representation or promise; and
503	516		6. Failing or refusing to supply requested information as
504	517		required by Section 552.9 of Title 18 of the Oklahoma Statutes this
505	518		title; and
506	519		7. Failing or refusing to supply information as required by
507		-	Section 1 of this act ~~within a reasonable amount of time~~ .
	520	+	Section 1 of this act .
508	521		B. The Attorney General or a district attorney may bring an
509	522		action:
510	523		1. To obtain a declaratory ju dgment that an act or practice
511	524		violates this act;
512		-	2. To enjoin, or to obtain a restraining order against a pe rson
513		-	who has violated or is violating this act;
514	525
515		-	ENGR. H. B. NO. 2363 Page 11 1
	526	+	HB2363 HFLR Page 11
	527	+	BOLD FACE denotes Committee Amendments. 1
516	528		2
517	529		3
518	530		4
519	531		5
520	532		6
521	533		7
522	534		8
523	535		9
524	536		10
525	537		11
526	538		12
527	539		13
528	540		14
529	541		15
530	542		16
531	543		17
532	544		18
533	545		19
534	546		20
535	547		21
536	548		22
537	549		23
538	550		24
539	551
	552	+	2. To enjoin, or to obtain a restraining order against a person
	553	+	who has violated or is violating this act;
540	554		3. To recover actual damages, restitution, disgorgement and
541	555		penalties attributed to a violation o f this act;
542	556		4. To recover reasonable expenses and investigation fees
543	557		attributable to a violation of this act;
544	558		5. To prosecute any civil or criminal actions as provided by
545	559		this act, as applicable; and
546	560		6. To revoke the registration of a charitable organiz ation,
547	561		professional fundraiser, or professional solicitor for any violation
548	562		of this act.
549	563		C. In lieu of instigating or continuing an action or
550	564		proceeding, the Attorney General or a district attorney may accept a
551	565		consent judgment with respect to any act or practice declared to be
552	566		a violation of this act. Such a consent judgment shall provide for
553	567		the discontinuance by the person entering the same of any act or
554	568		practice declared to be a violation of this act, and it may include
555	569		a stipulation for the payment b y such person of reasonable expenses,
556	570		attorney fees, investigation costs and penalties incurred by the
557	571		Attorney General or a district attorney. The consent judgment also
558	572		may include a stipulation for restitution to be made by such person
559	573		to contributors of money, property or other things received from
560	574		contributors in connection with a violation of this act and also may
561	575		include a stipulation for specific performance. Any consent
562		-	judgment entered into pursuant to this section shall not be deemed
563		-	to admit the violation, unless it does so by its terms. Before any
564	576
565		-	ENGR. H. B. NO. 2363 Page 12 1
	577	+	HB2363 HFLR Page 12
	578	+	BOLD FACE denotes Committee Amendments. 1
566	579		2
567	580		3
568	581		4
569	582		5
570	583		6
571	584		7
572	585		8
573	586		9
574	587		10
575	588		11
576	589		12
577	590		13
578	591		14
579	592		15
580	593		16
581	594		17
582	595		18
583	596		19
584	597		20
585	598		21
586	599		22
587	600		23
588	601		24
589	602
	603	+	judgment entered into pursuant to this section shall not be deemed
	604	+	to admit the violation, unless it does so by its terms. Before any
590	605		consent judgment entered into pursuant to this section shall be
591	606		effective, it must be approved by the district court and an entry
592	607		made in the manner required for making an entry of judgment. After
593	608		such approval is received, any breach of the conditions of such
594	609		consent judgment shall be treated as a violation of a court order,
595	610		and shall be subject to all the penalties provided by law therefor.
596	611		D. In any action brought by the Attorney General or a dis trict
597	612		attorney, the court may:
598	613		1. Make such orders or judgments as may be necessary to prevent
599	614		the use or employment by a person of any practice declared to be a
600	615		violation of this act;
601	616		2. Make such orders or judgments as may be necessary to
602	617		compensate any person for damages sustained;
603	618		3. Enjoin any person from engaging in solicitation of
604	619		charitable contributions in this state;
605	620		4. Revoke the registration of a charitable organization,
606	621		professional fundraiser or professional solicitor;
607	622		5. Enter any order that is appropriate in a criminal
608	623		prosecution of crimes identified in this act or any other state law;
609	624		and
610	625		6. Grant other appropriate relief.
611		-	E. When an action is filed under this act by the Attorney
612		-	General or a district attorney, no action seeking an injunction or
613		-	declaratory judgment shall be filed in any other district in this
614	626
615		-	ENGR. H. B. NO. 2363 Page 13 1
	627	+	HB2363 HFLR Page 13
	628	+	BOLD FACE denotes Committee Amendments. 1
616	629		2
617	630		3
618	631		4
619	632		5
620	633		6
621	634		7
622	635		8
623	636		9
624	637		10
625	638		11
626	639		12
627	640		13
628	641		14
629	642		15
630	643		16
631	644		17
632	645		18
633	646		19
634	647		20
635	648		21
636	649		22
637	650		23
638	651		24
639	652
	653	+	E. When an action is filed under this act by the Attorney
	654	+	General or a district attorney, no action seeking an i njunction or
	655	+	declaratory judgment shall be filed in any other district in this
640	656		state based upon the same transaction or occurrence, series of
641	657		transactions or occurrences, or allegations that form the basis of
642	658		the first action filed.
643	659		F. When the Attorney G eneral or a district attorney has reason
644	660		to believe that a person has engaged in, is engaging in or is about
645	661		to engage in any practice declared to be in violation of this act
646	662		and he or she believes it to be in the public interest that an
647	663		investigation should be made to ascertain whether a person has in
648	664		fact engaged in, is engaging in or is about to engage in any such
649	665		practice, he or she may execute in writing and cause to be served
650	666		upon any such person who is believed to have information,
651	667		documentary material or physical evidence relevant to the alleged
652	668		violation an investigative demand requiring such person to furnish,
653	669		under oath or otherwise, a report in writing setting forth the
654	670		nonprivileged relevant facts and circumstances of which the person
655	671		has knowledge, or to appear and testify, or to produce relevant
656	672		nonprivileged documentary material or physical evidence for
657	673		examination at such reasonable time and place as may be stated in
658	674		the investigative demand, concerning the solicitation of charitable
659	675		contributions.
660		-	G. To accomplish the objectives and to carry out the duties
661		-	prescribed by this act, the Attorney Gener al or district attorney,
662		-	in addition to other powers conferred on him or her by this act or
663		-	the laws of this state, may issue subpoenas or other process to any
664	676
665		-	ENGR. H. B. NO. 2363 Page 14 1
	677	+	HB2363 HFLR Page 14
	678	+	BOLD FACE denotes Committee Amendments. 1
666	679		2
667	680		3
668	681		4
669	682		5
670	683		6
671	684		7
672	685		8
673	686		9
674	687		10
675	688		11
676	689		12
677	690		13
678	691		14
679	692		15
680	693		16
681	694		17
682	695		18
683	696		19
684	697		20
685	698		21
686	699		22
687	700		23
688	701		24
689	702
	703	+	G. To accomplish the objectives and to carry out the duties
	704	+	prescribed by this act, the Attorney General or district attorney,
	705	+	in addition to other powers conferred on him or her by this act or
	706	+	the laws of this state, may issue subpoenas or other p rocess to any
690	707		person and conduct hearings in aid of any investigation or inquiry,
691	708		administer oaths and take sworn statements under penalty of perjury,
692	709		and serve and execute in any county, search warrants; provided, that
693	710		none of the powers conferred by this act shall be used for the
694	711		purpose of compelling any natural person to furnish testimony or
695	712		evidence that might tend to incriminate him or her or subject him
696	713		or her to a penalty; and provided further, that information obtained
697	714		pursuant to the powers confe rred by this act shall not be made
698	715		public or disclosed by the Attorney General, district attorney or
699	716		their employees unless otherwise provided under this act.
700	717		H. In addition to any other penalties provided under this act,
701	718		a charitable organization, profes sional fundraiser, or professional
702	719		solicitor that is found to be in violation of the Oklahoma
703	720		Solicitation of Charitable Contributions Act in a civil action or
704	721		who willfully violates the terms of any injunction or court order
705	722		issued pursuant to the Oklahom a Solicitation of Charitable
706	723		Contributions Act shall pay a civil penalty of not more than Ten
707	724		Thousand Dollars ($10,000.00) per violation, taking into account the
708	725		nature and severity of the violation and the benefit provided to the
709	726		public by the violator, along with the need for protecting
710		-	contributors and donors . For the purposes of this section, the
711		-	district court issuing an injunction shall retain jurisdiction, and
712		-	in such cases, the Attorney General, acting in the name of the
713	727
714		-	ENGR. H. B. NO. 2363 Page 15 1
	728	+	HB2363 HFLR Page 15
	729	+	BOLD FACE denotes Committee Amendments. 1
715	730		2
716	731		3
717	732		4
718	733		5
719	734		6
720	735		7
721	736		8
722	737		9
723	738		10
724	739		11
725	740		12
726	741		13
727	742		14
728	743		15
729	744		16
730	745		17
731	746		18
732	747		19
733	748		20
734	749		21
735	750		22
736	751		23
737	752		24
738	753
	754	+	contributors and donors. For the purposes of this section, the
	755	+	district court issuing an injunction shall retain jurisdiction, and
	756	+	in such cases, the Attorney General, acting in the name of the
739	757		state, or a district attor ney may petition for recovery of civil
740	758		penalties.
741	759		I. In administering and pursuing actions under this act, the
742	760		Attorney General and a district attorney are authorized to sue for
743	761		and collect reasonable expenses, attorney fees, and investigation
744	762		fees as determined by the court. Civil penalties or contempt
745	763		penalties sued for and recovered by the Attorney General or a
746	764		district attorney shall be used for the furtherance of their duties
747	765		and activities under this act.
748	766		J. In addition to other penalties imposed b y this act, any
749	767		person convicted in a criminal proceeding of committing an act
750	768		prohibited in paragraph 1, 3 or 5 of subsection A of this section,
751	769		shall be guilty of a felony and upon conviction thereof shall be
752	770		subject to a fine not to exceed Ten Thousand Dollars ($10,000.00) or
753	771		imprisonment in the custody of the Department of Corrections for not
754	772		more than five (5) years, or by both such fine and imprisonment.
755	773		SECTION 4. This act shall become effective November 1, 2021.
756	774
757		-	ENGR. H. B. NO. 2363 Page 16 1
758		-	2
759		-	3
760		-	4
761		-	5
762		-	6
763		-	7
764		-	8
765		-	9
766		-	10
767		-	11
768		-	12
769		-	13
770		-	14
771		-	15
772		-	16
773		-	17
774		-	18
775		-	19
776		-	20
777		-	21
778		-	22
779		-	23
780		-	24
781		-
782		-	Passed the House of Representatives the 11th day of March, 2021.
783		-
784		-
785		-
786		-
787		-	Presiding Officer of the House
788		-	of Representatives
789		-
790		-
791		-	Passed the Senate the ___ day of __________, 2021.
792		-
793		-
794		-
795		-
796		-	Presiding Officer of the Senate
797		-
798		-
	775	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
	776	+	02/10/2021 - DO PASS, As Amended.