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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3056 By: Sims
COMMITTEE SUBSTITUTE
An Act relating to cities and towns; amending 11 O.S.
2021, Section 56-102, which relates to definitions in
the Municipal Campaign Finance and Financial
Disclosure Act; modi fying term; amending 11 O.S.
2021, Section 56-103, which relates to munici palities
subject to the Municipal Campaign Finance and
Financial Disclosure Act; modifying appl icability of
act; amending 11 O.S. 2021, Section 56-110, which
relates to enforcement, complaints, investigations,
penalties and protest of p enalty; clarifying
enforcement jurisdiction; setting penalty for
violation; enabling court discretion; and providin g
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 56-102, is
amended to read as follows :
Section 56-102. A. Definitions of terms used in the Municipa l
Campaign Finance and Financial Disclosure Act shall be the same as
those terms are defined in Rules of the Ethics Commission
promulgated pursuant to Section 3 of Article XXIX of the Oklahoma
Constitution, unless othe rwise provided herein.
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B. As used in the Municipal Campaign Finance and Financial
Disclosure Act:
1. "Campaign committee" means a committee which may be composed
of one or more persons the purpose of which is to support the
election of a specific candida te to municipal office, whose name as
it will appear on the ballot shall appear in the name of the
committee;
2. "Municipal office" means any elective municipal offic e
established under state or municipal law ; and
3. "Municipal political committee" means any committee composed
of one or more persons whose purpose includes the election or defeat
of one or more candidates for municipal office or municipal
questions but which is not required to register with the Ethics
Commission or the Federal El ection Commission for this purpose.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 56-103, is
amended to read as follows :
Section 56-103. A. The Municipal Campaign Finance and
Financial Disclosure Act shall apply only to municipalities with a
population of more than ten thousand (1 0,000) according to the most
recent Federal Decennial Census and a general fund ex penditure
budget in excess of Ten Million Dollars ($10,000,000.00) in the
fiscal year in which the municipal elections are held.
Notwithstanding, the requirements provided in this act shall
additionally apply to committees and candidates when the
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municipality is not covered by this act based on the population and
budget requirements of this subsection, but the candidate or
committee expends or receives more than One Thousand Dollars
($1,000.00) in donations or in-kind expenditures.
B. A municipality described in subsection A of this section may
enact a comprehensive code of campaign finance and personal
financial disclosure ordinances, including provisions for
enforcement thereof, in which case the Municipal Campaign Finance
and Financial Disclosure Act shall not apply to the municipality.
Any municipality enacting such a code shall file a notice of its
action with the Ethics Commission, which shall have no enforc ement
responsibilities under the code.
SECTION 3. AMENDATORY 11 O.S. 2021, Section 56-110, is
amended to read as follows :
Section 56-110. The Municipal Campaign Finance and Financial
Disclosure Act shall be enforced by the Ethics Co mmission in the
same manner as Rules of the Ethics Commission promulgated pursuant
to Section 3 of Article XXIX of the Oklahoma Constit ution are
enforced, including but not limited to acceptance of complaints,
civil prosecutions, settlement agreements and any other compliance
practices or requirements. Complaints may be received by the Ethics
Commission alleging filing of statements or r eports required to be
filed under the Municipal Campaign Finance and Financial Disclosure
Act later than the prescribed t ime for filing. Such complaints
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shall be in the same form as other complaints. Upon receipt of such
complaints of late filing, the Et hics Commission shall investigate
whether the allegation or allegations are true and, if so, shall
assess a late filing p enalty of One Hundred Dollars ($100.00) per
day, not to exceed a maximum of One Thousand Dollars ($1,000.00) for
the filing of any stat ement or report. If the Ethics Commission
determines the allegation or allegations are not true, it shall take
no further action. Persons assessed a late filing fee may protest
the assessment subject to provisions of the Administrative
Procedures Act. The Ethics Commission shall not have enforcement
jurisdiction concerning c andidates or committees that are covered by
this act based on expenditures alone, as outlined in subsection A of
Section 56-103 of this title. Any violation of this act may be
prosecuted by the district attorney or a locally adopted policy . An
omission or failure to r eport expenditures in compliance with this
act shall constitute a misdemeanor with a fine of up to One Hundred
Dollars ($100.00) per day, not to exceed a maximum of One Thousand
Dollars ($1,000.00). The court shall have discretion as to the fine
amount with the intent of the fine to obtain compliance with
reporting requirements. Willful noncompliance with the act shall
constitute a misdemeanor offense with a fine of One Thousand Dollars
($1,000.00) with the intent of the fine to deter unlawful activity
and punish willful offenders.
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SECTION 4. This act shall become effective November 1, 2022.
58-2-10831 LRB 03/01/22