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HB2109 HFLR Page 1
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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2109 By: Osburn and West (Tammy) of
the House
and
Daniels of the Senate
AS INTRODUCED
An Act relating to campaign finance and financial
disclosure; amending 11 O.S. 2021, Section 56-101,
56-102, 56-104, 56-105, 56-106, 56-107, 56-108, 56-
109, and 56-110, which relate to the Municipal
Campaign Finance and Financial Disclosure Act;
clarifying citation; modifying definition; requiring
campaign committees file statement of organization
with the Ethics Commission; requiring municipal
political committees file statement of organization
with the Ethics Commission; mandating reports of
certain municipal contributions and expenditures be
filed with Ethics Commission; clarifying that certain
required records under the Municipal Campaign Finance
and Financial Disclosure Act will be filed and stored
with the Ethics Commission; extending ability of the
Ethics Commission to post copies of certain records
on website for public records purposes; amending 19
O.S. 2021, Section 138.11, 138.12, 138.13, 138.14,
138.15, 138.16, 138.17, 138.18, and 138.19, which
relate to the County Campaign Finance and Financial
Disclosure Act; clarifying citation; modifying
definition; requiring campaign committees file
statement of organization with the Ethics Commission;
requiring county political committees file statement
of organization with the Ethics Commission; mandating
reports of certain county contributions and
expenditures be filed with Ethics Commission;
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clarifying that certain required records under the
County Campaign Finance and Financial Disclosure Act
are will be filed and stored with the Ethics
Commission; clarifying statements of financial
interests required by the County Campaign Finance and
Financial Disclosure Act will be filed and stored
with the Ethics Commission; amending 70 O.S. 2021,
Section 2-110, 2-111, 2-113, 2-114, 2-115, 2-116, 2-
117, 2-118, and 2-119, which relate to the Technology
Center District and Independent School District
Campaign Finance and Financial Disclosure Act;
modifying definition; requiring campaign committees
file statement of organization with the Ethics
Commission; requiring school district political
committees file statement of organization with the
Ethics Commission; mandating reports of contributions
and expenditures by campaign committees and school
district political committees be filed with Ethics
Commission; clarifying that certain required records
under the Technology Center District and Independent
School District Campaign Finance and Financial
Disclosure Act will be filed and stored with the
Ethics Commission; clarifying statements of financial
interests required by the Technology Center District
and Independent School District Campaign Finance and
Financial Disclosure Act will be filed and stored
with the Ethics Commission; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 56-101, is
amended to read as follows:
Section 56-101. Sections 11 through 20 56-101 through 56-110 of
this act title shall be the provisions of the Local Government
Campaign Finance and Financial Disclosure Act applicable to
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municipalities and shall be known as the "Municipal Campaign Finance
and Financial Disclosure Act".
SECTION 2. AMENDATORY 11 O.S. 2021, Section 56-102, is
amended to read as follows:
Section 56-102. A. Definitions of terms used in the Municipal
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 otherwise provided herein.
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 candidate 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 office
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 but which is not
required to register with the Ethics Commission or the Federal
Election Commission.
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SECTION 3. AMENDATORY 11 O.S. 2021, Section 56-104, is
amended to read as follows:
Section 56-104. Each campaign committee shall file a statement
of organization with the municipal clerk Ethics Commission subject
to the same requirements as set forth for candidate committees for
state office required to file statements of organization with the
Ethics Commission under Rules of the Ethics Commission promulgated
pursuant to Section 3 of Article XXIX of the Oklahoma Constitution,
including but not limited to time for filing and contents.
SECTION 4. AMENDATORY 11 O.S. 2021, Section 56-105, is
amended to read as follows:
Section 56-105. Every municipal political committee shall file
a statement of organization with the municipal clerk Ethics
Commission subject to the same requirements as set forth for
political committees required to file statements of organization
with the Ethics Commission under Rules of the Ethics Commission
promulgated pursuant to Section 3 of Article XXIX of the Oklahoma
Constitution, including but not limited to time for filing and
contents.
SECTION 5. AMENDATORY 11 O.S. 2021, Section 56-106, is
amended to read as follows:
Section 56-106. Every campaign committee and every municipal
political committee shall file a report of contributions and
expenditures with the municipal clerk Ethics Commission subject to
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the same requirements as set forth for candidate committees and
political action committees, respectively, required to file reports
of contributions and expenditures with the Ethics Commission under
Rules of the Ethics Commission promulgated pursuant to Section 3 of
Article XXIX of the Oklahoma Constitution, including but not limited
to time for filing and contents.
SECTION 6. AMENDATORY 11 O.S. 2021, Section 56-107, is
amended to read as follows:
Section 56-107. Statements of organization and reports of
contributions and expenditures required to be filed with the
municipal clerk Ethics Commission under the Municipal Campaign
Finance and Financial Disclosure Act shall be public records. The
municipal clerk Ethics Commission shall maintain statements of
organization and reports of contributions and expenditures for four
(4) years after the date on which they are filed, if not posted on
the municipality's Ethics Commission's website as provided herein,
at which time the documents may be destroyed or retained subject to
the discretion of the municipal clerk Ethics Commission. If the
municipality in which the statements of organization and reports of
contributions and expenditures are filed maintains an Internet
website, the municipal clerk The Ethics Commission may post on the
website copies of statements of organization and reports of
contributions and expenditures.
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SECTION 7. AMENDATORY 11 O.S. 2021, Section 56-108, is
amended to read as follows:
Section 56-108. All candidates for municipal office and all
elected municipal officers shall be required to file a statement of
financial interests with the municipal clerk Ethics Commission
subject to the same requirements as set forth for candidates for
state office required to file statements of financial interests with
the Ethics Commission under Rules of the Ethics Commission
promulgated pursuant to Section 3 of Article XXIX of the Oklahoma
Constitution, including but not limited to time for filing and
contents.
SECTION 8. AMENDATORY 11 O.S. 2021, Section 56-109, is
amended to read as follows:
Section 56-109. Statements of financial interests required to
be filed with the municipal clerk Ethics Commission under the
Municipal Campaign Finance and Financial Disclosure Act shall be
public records. The municipal clerk Ethics Commission shall
maintain statements of financial interests for four (4) years after
the date on which they are filed, if not posted on the
municipality's Ethics Commission's website as provided herein, at
which time the documents may be destroyed or retained subject to the
discretion of the municipal clerk Ethics Commission. If the
municipality in which the statements of financial interests are
filed maintains an Internet website, the municipal clerk The Ethics
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Commission may post on the website copies of statements of financial
interests.
SECTION 9. 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 Commission in the
same manner as Rules of the Ethics Commission promulgated pursuant
to Section 3 of Article XXIX of the Oklahoma Constitution 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 reports required to be
filed under the Municipal Campaign Finance and Financial Disclosure
Act later than the prescribed time for filing. Such complaints
Complaints shall be in the same form as other complaints made
according to the Rules of the Ethics Commission promulgated pursuant
to Section 3 of Article XXIX of the Oklahoma Constitution. Upon
receipt of such complaints of late filing, the Ethics Commission
shall investigate whether the allegation or allegations are true
and, if so, shall assess a late filing penalty 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 statement or report. If
the Ethics Commission determines the allegation or allegations are
not true, it shall take no further action. Persons assessed a late
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filing fee may protest the assessment subject to provisions of the
Administrative Procedures Act.
SECTION 10. AMENDATORY 19 O.S. 2021, Section 138.11, is
amended to read as follows:
Section 138.11. Sections 2 through 10 138.12 through 138.19 of
this act title shall be the provisions of the Local Government
Campaign Finance and Financial Disclosure Act applicable to counties
and shall be known as the "County Campaign Finance and Financial
Disclosure Act".
SECTION 11. AMENDATORY 19 O.S. 2021, Section 138.12, is
amended to read as follows:
Section 138.12. A. Definitions of terms used in the County
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 otherwise provided herein.
B. As used in the County 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 candidate to county office, whose name as it
will appear on the ballot shall appear in the name of the committee;
2. "County office" means any elective county office for which
Declarations of Candidacy are filed with the secretary of the county
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election board as required by Section 5-103 of Title 26 of the
Oklahoma Statutes; and
3. "County political committee" means any committee composed of
one or more persons whose purpose includes the election or defeat of
one or more candidates for county office but which is not required
to register with the Ethics Commission or the Federal Election
Commission.
SECTION 12. AMENDATORY 19 O.S. 2021, Section 138.13, is
amended to read as follows:
Section 138.13. Each campaign committee shall file a notarized
statement of organization with the county election board Ethics
Commission subject to the same requirements as set forth for
candidate committees for state office to file statements of
organization with the Ethics Commission under Rules of the Ethics
Commission promulgated pursuant to Section 3 of Article XXIX of the
Oklahoma Constitution, including but not limited to time for filing
and contents, except as otherwise provided in the County Campaign
Finance and Financial Disclosure Act. The statement of organization
shall be accompanied by a check drawn upon the campaign committee's
account in the amount of Fifty Dollars ($50.00) as a nonrefundable
processing fee to be deposited in the County Election Board Special
Depository Account. Expenditures from such fees may be made by the
secretary of the county election board for any lawful purpose.
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SECTION 13. AMENDATORY 19 O.S. 2021, Section 138.14, is
amended to read as follows:
Section 138.14. Every county political committee shall file a
notarized statement of organization with the county election board
Ethics Commission subject to the same requirements as set forth for
political committees required to file statements of organization
with the Ethics Commission under Rules of the Ethics Commission
promulgated pursuant to Section 3 of Article XXIX of the Oklahoma
Constitution, including but not limited to time for filing and
contents.
SECTION 14. AMENDATORY 19 O.S. 2021, Section 138.15, is
amended to read as follows:
Section 138.15. Every campaign committee and every county
political committee shall file reports of contributions and
expenditures with the county election board Ethics Commission
subject to the same requirements as set forth for reports of
contributions and expenditures filed with the Ethics Commission
under Rules of the Ethics Commission promulgated pursuant to Section
3 of Article XXIX of the Oklahoma Constitution, including but not
limited to time for filing and contents.
SECTION 15. AMENDATORY 19 O.S. 2021, Section 138.16, is
amended to read as follows:
Section 138.16. Statements of organization and reports of
contributions and expenditures required under the County Campaign
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Finance and Financial Disclosure Act shall be public records. The
county election board Ethics Commission shall maintain statements of
organization and reports of contributions and expenditures for four
(4) years after the date on which they are filed or prepared, if not
posted on the county's website as provided herein, at which time the
documents may be destroyed or retained at the discretion of the
county election board Ethics Commission. If the county in which the
statements of organization are filed maintains an Internet website,
the county election board The Ethics Commission may post on the
website copies of statements of organization and reports of
contributions and expenditures.
SECTION 16. AMENDATORY 19 O.S. 2021, Section 138.17, is
amended to read as follows:
Section 138.17. All candidates for county office and all
elected county officers shall be required to file a notarized
statement of financial interests with the county election board
Ethics Commission subject to the same requirements as set forth for
statements of financial interests filed with the Ethics Commission
under Rules of the Ethics Commission promulgated pursuant to Section
3 of Article XXIX of the Oklahoma Constitution.
SECTION 17. AMENDATORY 19 O.S. 2021, Section 138.18, is
amended to read as follows:
Section 138.18. Statements of financial interests required
under the County Campaign Finance and Financial Disclosure Act shall
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be public records. The county election board Ethics Commission
shall maintain statements of financial interests for four (4) years
after the date on which they are filed, at which time the documents
may be destroyed or retained at the discretion of the county
election board Ethics Commission.
SECTION 18. AMENDATORY 19 O.S. 2021, Section 138.19, is
amended to read as follows:
Section 138.19. The County Campaign Finance and Financial
Disclosure Act shall be enforced by the Ethics Commission in the
same manner as Rules of the Ethics Commission promulgated pursuant
to Section 3 of Article XXIX of the Oklahoma Constitution 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 required to be filed under
the County Campaign Finance and Financial Disclosure Act later than
the prescribed time for filing or failure to produce reports
required to be available for public inspection and copying. Such
complaints shall be in the same form as other complaints made
according to the Rules of the Ethics Commission promulgated pursuant
to Section 3 of Article XXIX of the Oklahoma Constitution. Upon
receipt of such complaints, the Ethics Commission shall investigate
whether the allegation or allegations are true and, if so, shall
assess a late reporting penalty of up to One Hundred Dollars
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($100.00) per day, not to exceed a maximum of One Thousand Dollars
($1,000.00) for the filing of any statement or report. If the
Ethics Commission determines the allegation or allegations are not
true, it shall take no further action. Persons assessed a late
reporting penalty may protest the assessment subject to provisions
of the Administrative Procedures Act.
SECTION 19. AMENDATORY 70 O.S. 2021, Section 2-110, is
amended to read as follows:
Section 2-110. Sections 21 through 30 2-110 through 2-119 of
this act title shall be the provisions of the Local Government
Campaign Finance and Financial Disclosure Act applicable to
technology center districts and independent school districts and
shall be known as the "Technology Center District and Independent
School District Campaign Finance and Financial Disclosure Act".
SECTION 20. AMENDATORY 70 O.S. 2021, Section 2-111, is
amended to read as follows:
Section 2-111. A. Definitions of terms used in the Technology
Center District and Independent School District 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
otherwise provided herein.
B. As used in the Technology Center District and Independent
School District Campaign Finance and Disclosure Act:
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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 candidate to school district office, whose
name as it will appear on the ballot shall appear in the name of the
committee;
2. "School district" means a technology center district or an
independent school district;
3. "School district office" means any elective school district
office for which Declarations of Candidacy are filed with the
secretary of the county election board as required by Section 13A-
105 of Title 26 of the Oklahoma Statutes; and
4. "School district political committee" means any committee
composed of one or more persons whose purpose includes the election
or defeat of one or more candidates for school district office but
which is not required to register with the Ethics Commission or the
Federal Election Commission.
SECTION 21. AMENDATORY 70 O.S. 2021, Section 2-113, is
amended to read as follows:
Section 2-113. Each campaign committee shall file a statement
of organization with the school district clerk Ethics Commission
subject to the same requirements as set forth for candidate
committees for state office required to file statements of
organization with the Ethics Commission under Rules of the Ethics
Commission promulgated pursuant to Section 3 of Article XXIX of the
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Oklahoma Constitution, including but not limited to time for filing
and contents.
SECTION 22. AMENDATORY 70 O.S. 2021, Section 2-114, is
amended to read as follows:
Section 2-114. Every school district political committee shall
file a statement of organization with the school district clerk
Ethics Commission subject to the same requirements as set forth for
political committees required to file statements of organization
with the Ethics Commission under Rules of the Ethics Commission
promulgated pursuant to Section 3 of Article XXIX of the Oklahoma
Constitution, including but not limited to time for filing and
contents.
SECTION 23. AMENDATORY 70 O.S. 2021, Section 2-115, is
amended to read as follows:
Section 2-115. Every campaign committee and every school
district political committee shall file a report of contributions
and expenditures with the school district clerk Ethics Commission
subject to the same requirements as set forth for candidate
committees and political action committees, respectively, required
to file reports of contributions and expenditures with the Ethics
Commission under Rules of the Ethics Commission promulgated pursuant
to Section 3 of Article XXIX of the Oklahoma Constitution, including
but not limited to time for filing and contents.
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SECTION 24. AMENDATORY 70 O.S. 2021, Section 2-116, is
amended to read as follows:
Section 2-116. Statements of organization and reports of
contributions and expenditures required to be filed with the school
district clerk Ethics Commission under the Technology Center
District and Independent School District Campaign Finance and
Financial Disclosure Act shall be public records. The school
district clerk Ethics Commission shall maintain statements of
organization and reports of contributions and expenditures for four
(4) years after the date on which they are filed, if not posted on
the school district's website as provided herein, at which time the
documents may be destroyed or retained subject to the discretion of
the school district clerk Ethics Commission. If the school district
in which the statements of organization and reports of contributions
and expenditures are filed maintains an Internet website, the school
district clerk The Ethics Commission may post on the website copies
of statements of organization and reports of contributions and
expenditures.
SECTION 25. AMENDATORY 70 O.S. 2021, Section 2-117, is
amended to read as follows:
Section 2-117. All candidates for school district office and
all elected school district officers shall be required to file a
statement of financial interests with the school district clerk
Ethics Commission subject to the same requirements as set forth for
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candidates for state office required to file statements of financial
interests with the Ethics Commission under Rules of the Ethics
Commission promulgated pursuant to Section 3 of Article XXIX of the
Oklahoma Constitution, including but not limited to time for filing
and contents.
SECTION 26. AMENDATORY 70 O.S. 2021, Section 2-118, is
amended to read as follows:
Section 2-118. Statements of financial interests required to be
filed with the school district clerk Ethics Commission under the
Technology Center District and Independent School District Campaign
Finance and Financial Disclosure Act shall be public records. The
school district clerk Ethics Commission shall maintain statements of
financial interests for four (4) years after the date on which they
are filed, if not posted on the school district's Ethics
Commission's website as provided herein, at which time the documents
may be destroyed or retained subject to the discretion of the school
district clerk. If the school district in which the statements of
financial interests are filed maintains an Internet website, the
school district clerk may post on the website copies of statements
of financial interests.
SECTION 27. AMENDATORY 70 O.S. 2021, Section 2-119, is
amended to read as follows:
Section 2-119. The Technology Center District and Independent
School District Campaign Finance and Financial Disclosure Act shall
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be enforced by the Ethics Commission in the same manner as Rules of
the Ethics Commission promulgated pursuant to Section 3 of Article
XXIX of the Oklahoma Constitution 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 reports required to be filed under the Technology
Center District and Independent School District Campaign Finance and
Disclosure Act later than the prescribed time for filing. Such
complaints Complaints shall be in the same form as other complaints
made according to the Rules of the Ethics Commission promulgated
pursuant to Section 3 of Article XXIX of the Oklahoma Constitution.
Upon receipt of such complaints of late filing, the Ethics
Commission shall investigate whether the allegation or allegations
are true and, if so, shall assess a late filing penalty 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 statement 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.
SECTION 28. This act shall become effective July 1, 2025.
SECTION 29. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
03/06/2025 - DO PASS, As Coauthored.