Req. No. 10489 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3715 By: O'Donnell COMMITTEE SUBSTITUTE An Act relating to the Rules of the Ethics Commission; amending Rule 2.48 of the Rules of the Ethics Commission, which relates to candidate committee surplus funds; adding use for surplus funds; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY Rule 2.48 of the Rules of the Ethics Commission, is amended to read as follows : Rule 2.48. Candidate Committee Surplus Funds. Surplus funds of a candidate committee are those funds not otherwise obligated following the election at which the office fo r which the candidate committee was formed has been determined which, in the candidate's discretion, are not required to be used for campaign expenses or officeholder expenses. Such surp lus funds may be: (A) Retained in any amount for use in a future cam paign for the next succeeding term for the same office; Req. No. 10489 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (B) Retained for a future c ampaign for a different state elective office, excluding a judicial office; (C) Donated to a charitabl e organization as described in Section 501(c)(3) of Title 26 of the U nited States Code as it currently exists or as it may be amended; (D) Returned to any contributor, as long as the amount returned does not exceed the contributor 's aggregate contribution during the immediately preceding primary, runoff primary and general elections; (E) Contributed to a political party committee in any amount not to exceed Twenty-five Thousand Dollars ($25,000.00) in the aggregate; (F) Used to purchase item(s) for donat ion to a charitable organization as described in Section 501(c)(3) of Title 26 of the United States Code as it currently exists or as it may be amended; provided: (1) the donated item(s) are sold by the charitable organiz ation for fundraising purposes; (2) the purchase of the item(s) for donation is reported on a Contributions and Expenditures Report which includes a description and cost of the item(s) pu rchased; (3) the donation of the item(s) is reported on a Contributions and Expenditures Report as an in-kind expenditure to the charitable organization which includes a description and the value of the item(s) donated; and Req. No. 10489 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (4) the donated item(s) may not b e purchased or used by the candidate whose committee is donating the item, any other candidate, a committee, or officer, board member or employee of the charitable organization; or (G) Donated in accordance with the provisions of Section 381 et seq. of Title 60 of the Oklahoma Statutes to the State of Oklahoma, or, to any county, city, town or school d istrict within the State of Oklahoma; or (H) Used to retain legal co unsel for the successful defense of an investigation or prosecution of the candidate's campaign, campaign finances, or any other violation of the candidate's or office holder's official duties. Any surplus funds remaining in the candidate committee 's possession within ninety (90) days after the expiration of the term to which the candidate was elected or, for candidates who were not elected, within ninety (90) days after the second year following the general election, shall be deposited in the general reven ue fund of the state. SECTION 2. This act shall be come effective January 1, 2026. 59-2-10489 LRB 02/26/24