Oklahoma 2022 Regular Session

Oklahoma House Bill HB3056 Latest Draft

Bill / Enrolled Version Filed 05/20/2022

                            An Act 
ENROLLED HOUSE 
BILL NO. 3056 	By: Sims of the House 
 
   and 
 
  Paxton and Kirt of the 
Senate 
 
 
 
 
 
An Act relating to cities and towns; amending 11 O.S. 
2021, Section 56-103, which relates to municipalities 
subject to the Municipal Campaign Financ e 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. 
 
 
 
 
SUBJECT: Cities and towns 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.    AMENDATORY     11 O.S. 2021, Section 56-103, is 
amended to read as follows: 
 
Section 56-103.  A.  The Municipal Campaign Finance an d 
Financial Disclosure Act shall apply only to municipalities with a 
population of more than ten thousand (10,000) according to the most  ENR. H. B. NO. 3056 	Page 2 
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 Municipal 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 ordi nances 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. 
 
SECTION 2.     NEW LAW     A new section 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 any 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.  ENR. H. B. NO. 3056 	Page 3 
 
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 c ourt 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. 
  ENR. H. B. NO. 3056 	Page 4 
 
Passed the House of Representatives the 17th day of May, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 19th day of May, 2022. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20____ ___, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________