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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 3056 By: Sims of the House
and
Paxton of the Senate
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to cities and towns; amending 11 O.S.
2021, Section 56-103, which relates to municipalities
subject to the Municipal Campaign Finance and
Financial Disclosure Act; providing for
municipalities to contract with an Interlocal Entity;
authorizing municipalities not subject to the
Municipal Campaign Fin ance and Financial Disclosure
Act to enact a comprehensive code; clarifying that
the Ethics Commission shall have no enforcement
responsibilities; enabling municipal government s to
provide for hearings, enforcement, and civil fines;
granting for appeals of municipal court orders to
district court; enabling municipal governments to
adopt necessary ordinances; authorizing municipal
governments enacting a comprehensive code to contract
with an interlocal entity for administration and
enforcement; providing powers of interlocal entities;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. 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 (10,000) according to the most
recent Federal Decenni al Census and a general fund expenditure
budget in excess of Ten Million Dollars ($10,000,000.00) in the
fiscal year in which the municipal elections are held.
B. A municipality described in subsection A of this section may
enact a comprehensive code of c ampaign finance and pers onal
financial disclosure ordinances, including provisions for
enforcement thereof, in which case the Muni cipal Campaign Finance
and Financial Disclosure Act shall not apply to the municipality. A
municipality described in subsecti on A of this section may contract
with an Interlocal Entity operating under the Municipal Campaign
Finance Disclosure for Exempted Municipalities Act and the
municipality may alternatively follow the provisions of the
Municipal Campaign Financ e Disclosure for Exempted Municipalities
Act when they have adopted their own comprehensive code of campaign
finance and personal disclosure or dinances as authorized under this
act. Any municipality enacting such a code shall file a notice of
its action with the Ethics Commission, which shall have no
enforcement responsibilities under the code.
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SECTION 2. NEW LAW A new se ction of law to be codified
in the Oklahoma Statutes as Section 56-103a of Title 11, unless
there is created a duplication in numbering, reads as foll ows:
1. Any municipality not subject to the Municipal Campaign
Finance and Financial Disclosure Act, or a ny entity authorized under
subsection B of Section 56 -103 of Title 11 of the Oklahoma Statutes ,
may enact a comprehensive code of campaign finance and personal
financial disclosure ordinances including policies and provisions
for the administration and enforcement thereof. The Ethics
Commission shall have no enforcement responsibilities under the
Municipal Campaign Finance Disclosure for Exempted Municipalities
Act. Municipal governments may provide for hearings, enforcement,
and civil fines not to exceed Five Hundred Dollars ($500.00).
Hearings shall be conducted through the municipal court to
adjudicate violations of the comprehensive code of campaign finance
and personal financial disclosure ordinances as authorized in this
act. Any judicial order from a municipal court under this section
may be appealed to the district court having jurisdiction over the
alleged or adjudicated violator. All appeals shall be de novo. Any
civil fine issued under the provisions of the act may be converted
to a civil judgment by the municipal government in the appropriate
district court. Municipal governments have the authority to adopt
ordinances necessary and proper for the administration and
enforcement of this act.
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2. Municipal governments enacting a comprehensive code of
campaign finance and personal financial disclosure ordinances may
contract with an interlocal entity created in accordance with the
Interlocal Cooperation Act for the administration an d enforcement of
this act. The interlocal entity may assign adjudication of any
potential violations of a municipality's campaign finance and
personal financial disclosure ordinances to any municipal court that
has joined the interlocal entity in accordance with policies adopted
by the interlocal entity. The assigned municipal court shall have
jurisdiction to conduct the hearing , issue subpoenas, adjudicate the
matter and issue judgment for civil fines for violations of
municipal campaign finance and personal financial disclosure
ordinances of any member of the interlocal entity. Any civil fine
issued under the provisions of t his act may be converted to a civil
judgment by the interlocal ent ity in the appropriate district court.
The interlocal entity shall hav e the authority to adopt policies and
procedures necessary and proper for the administration and
enforcement of this act .
SECTION 3. This act shall become effective November 1, 2022.
58-2-11532 MJ 05/10/22