Read the full stored bill text
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1449 By: Bergstrom
AS INTRODUCED
An Act relating to the Ethics Commission; amending
Rule 2.2 of the Rules of the Ethics Commission (74
O.S. 2021, Ch. 62, App. I), which relates to
definitions; defining terms; amending Rule 2.17 of
the Rules of the Ethics Commission (74 O.S. 2021, Ch.
62, App. I), which relates to political
contributions; proscribing contributions from foreign
nationals; amending Rule 2.36 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I),
which relates to contributions to state question
committees; updating statutory language; amending
Rule 2.85 of the Rules of the Ethics Commission (74
O.S. 2021, Ch. 62, App. I), which relates to
political action committee organization; requiring
certain certification; amending Rule 2.105 of the
Rules of the Ethics Commission (74 O.S. 2021, Ch. 62,
App. I), which relates to political action committee
reporting requirements; requiring certain
affirmation; amending Rule 2.109 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I),
which relates to state question communication
requirements; prescribing requirements for nonprofit
corporation communications; establishing guidelines
for collection and release of donor information;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Rule 2.2 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
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Rule 2.2. As used in Rule 2:
1. “Campaign” means all activities for or against the election
of a candidate for elective state office or for or against a state
question;
2. “Candidate” means an individual who has filed or should have
filed a statement of organization for a candidate committee for
state office with the Ethics Commission as required by these Rules.
A candidate committee shall include committees for candidates for
partisan elective offices, for nonpartisan judicial offices and for
judicial retention offices;
3. “Candidate committee” means the only committee authorized by
a candidate to accept contributions or make expenditures on behalf
of the candidate’s campaign, including the campaign of a judicial
retention candidate;
4. “Clearly identified candidate” means a candidate whose name,
nickname, photograph or drawing appears, or whose identity is
otherwise apparent by unambiguous reference;
5. “Commission” means the Oklahoma Ethics Commission;
6. “Contribution” means any gift, subscription, loan, guarantee
or forgiveness of a loan, conveyance, advance, payment, distribution
or deposit of money made to, or anything of value given to, or an
expenditure other than an independent expenditure made on behalf of,
a political party, political action committee or candidate
committee, but shall not include the value of services provided
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without compensation by an individual who volunteers those services;
7. “Directly or indirectly” means acting either alone or
jointly, with, through, or on behalf of any other political action
committee, organization, person, or other entity;
8. “Electioneering communication” means any communication or
series of communications that is sent by Internet advertising,
direct mail, broadcast by radio, television, cable or satellite, or
appears in a newspaper or magazine that (a) refers to a clearly
identified candidate for state office, (b) is made within sixty (60)
days before a general election (including a special general
election) or thirty (30) days before a primary or runoff primary
election (including a special primary or runoff primary election)
for the office sought by the candidate, (c) that is targeted to the
relevant electorate and (d) does not explicitly advocate the
election or defeat of any candidate. “Relevant electorate” shall
mean twenty-five thousand (25,000) or more persons in the State of
Oklahoma in the case of a candidate for statewide elective office,
two thousand five hundred (2,500) or more persons in the district
the candidate seeks to represent in the case of a candidate for the
Oklahoma State House of Representatives or judge of the District
Court, and five thousand (5,000) or more persons in the district the
candidate seeks to represent in the case of all other elective state
offices;
8. 9. “Expenditure” means a purchase, payment, distribution,
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loan, advance, compensation, reimbursement, fee, deposit or gift
made by a political party, political action committee, candidate
committee or other individual or entity that is used to expressly
advocate the election, retention or defeat of one or more clearly
identified candidates or for or against one or more state questions;
9. 10. “Family member” shall include spouse, children
(including stepchildren), mother, father, sister or brother;
10. 11. “Foreign national” is an individual who is not a
citizen of the United States and not lawfully admitted for permanent
residence as defined in 8 U.S.C., Section 1101(a)(20); or a foreign
principal, as defined in 22 U.S.C., Section 611(b)(1); or a
partnership, association, corporation, organization, or other
combination of persons organized under the laws of a foreign
country; or any United States entity, such as a partnership,
association, corporation, or organization, which is wholly or
majority owned by any foreign national, unless any contribution or
expenditure it makes is derived entirely from funds generated by the
United States entity’s United States operations; and all decisions
concerning the contribution or expenditure are made by individuals
who are United States citizens or permanent residents, except for
setting overall budget amounts;
12. “Independent expenditure” means an expenditure made by a
person for a communication expressly advocating the election or
defeat of a clearly identified candidate or a vote for or against
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the retention of a judicial retention candidate that is not made in
coordination with, cooperation with, consultation with, or in
concert with, or at the request or suggestion of, a candidate, a
candidate committee, or their agents, or a political party committee
or its agents. An independent expenditure shall not include the
display of a noncommercial yard sign, lapel pin, button, bumper
sticker or similar de minimis display of support or opposition to a
political party or a candidate;
11. 13. “Independent judicial retention committee” means a
political action committee organized exclusively for the purpose of
making independent expenditures or electioneering communications
supporting or opposing the retention of a candidate for judicial
retention;
12. 14. “Labor union” means an organization of workers formed
for the purpose of advancing its members’ interests in respect to
wages, benefits and working conditions;
13. 15. “Limited committee” means a political action committee
organized to make contributions to candidates. A limited committee
may make independent expenditures or electioneering communications,
but may not accept contributions in excess of the limits prescribed
for limited committees;
14. 16. “Officeholder expenses” means ordinary and necessary
expenses incurred in connection with a candidate’s duties as the
holder of a state elective office, provided that the expenses are
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not otherwise reimbursed or paid for by the state. “Ordinary and
necessary expenses” are those that would not exist but for the fact
that the candidate was elected to and holds a state elective office;
15. 17. “Political action committee” means a limited or
unlimited committee that has filed or should have filed a statement
of organization with the Commission as required by these Rules;
16. 18. “Political party” means a political party recognized
under laws of this state;
17. 19. “Political party committee” means a committee
authorized by the political party to accept contributions or make
expenditures on behalf of the political party. A political party
committee may include a state committee, a Congressional District
committee, a county committee, a precinct committee or any other
committee or entity of the party officially recognized in the
party’s bylaws or similar governing document;
18. 20. “Preliminary activity” means conduct and expenditures
in connection with or related to a state initiative or referendum
petition that has not been assigned a state question number by the
Secretary of State, including, but not limited to, conducting a poll
or focus group, drafting state question language, telephone calls,
or travel;
21. “State question communication” means an expenditure made by
a person for a communication or series of communications that is
sent by Internet advertising, direct mail, broadcast by radio,
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television, cable or satellite, or appears in a newspaper, magazine,
or other printed medium supporting or opposing a state question that
is made within sixty (60) days before the election deciding the
state question. A state question communication shall not include
the display of a noncommercial yard sign, lapel pin, button, bumper
sticker or similar de minimis display of support or opposition to a
state question;
19. 22. “State question” means an initiative or referendum
petition for which the Secretary of State has assigned a state
question number; and
20. 23. “Tax-exempt organization” means an organization which
has been officially approved by the United States Internal Revenue
Service for tax-exempt status under 26 U.S.C., Section 501(c) as it
currently exists or as it may be amended and is exempt from taxation
under 26 U.S.C., Section 501(a) as it currently exists or as it may
be amended. Nothing in these Rules may be construed to treat a
political organization under 26 U.S.C., Section 527 as a tax-exempt
organization for purposes of these Rules; and
24. “Unlimited committee” means an independent judicial
retention committee, a political action committee organized
exclusively for the purpose of making independent expenditures or
electioneering communications or a political action committee
organized exclusively for the purpose of advocating the approval or
defeat of a state question.
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SECTION 2. AMEDATORY Rule 2.17 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.17. A. Unless otherwise prohibited or limited by law or
these Rules, a contribution to a political party, a political action
committee or a candidate committee may be made by any individual or
other person or entity. A child under the age of eighteen (18) may
make a contribution only if the contribution is attributed to his or
her parent (or equally between two parents) or guardian.
B. The name, address, occupation and employer shall be required
for any individual contributor regardless of amount or value of
contribution unless the contribution is an anonymous contribution of
less than Fifty Dollars ($50.00) Two Hundred Dollars ($200.00) as
provided for in Rule 2.20.
C. Any contribution described in subsection A of this section
shall be prohibited by or from foreign nationals in connections with
any state or local campaign. Such prohibition includes advances of
personal funds, contributions, or donations made to political party
committees and organizations, state or local party committees for
the purchase or construction of an office building funded under 11
C.F.R., Section 300.35, and contributions or disbursements to make
electioneering communications or state question communications.
D. A foreign national may not direct, dictate, control, or
participate, directly or indirectly, in the decision-making process
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of any person with regard to that person’s activities to influence a
state question, such as decisions concerning the making of
contributions or expenditures to influence a state question.
E. A foreign national may not solicit, directly or indirectly,
the making of a donation, contribution, or expenditure by another
person to influence a state question.
F. Upon receipt of a contribution by an unlimited committee
organized exclusively for the purposes of advocating the approval or
defeat of a state question, the committee Treasurer shall obtain
from the donor an affirmation that the donor is not a foreign
national and has not knowingly or willfully accepted funds in excess
of One Hundred Thousand Dollars ($100,000.00) from one or more
prohibited sources within the four-year period immediately preceding
the date the contribution is made.
SECTION 3. AMENDATORY Rule 2.36 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.36. Any person not otherwise prohibited by law or these
Rules, including but not limited to individuals, partnerships,
limited liability companies, corporations and labor unions, may make
contributions in any amount to an unlimited committee organized
exclusively for the purpose of advocating the approval or defeat of
a state question.
SECTION 4. AMENDATORY Rule 2.85 of the Rules of the
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Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.85. The Statement of Organization for a political action
committee shall include, but shall not be limited to, the following
information: (1) The names of the Chair, Treasurer and, if
applicable, Deputy Treasurer of the committee; (2) the full name of
the committee, which shall not be an acronym and which shall not be
the same as any other political action committee or sufficiently
similar to the name of any other political action committee so that
the two could be easily confused and which shall include the
identifying state question number assigned by the State of Oklahoma
for a committee formed to support or oppose a state question; (3)
the name and address of any affiliated corporation or labor union;
(4) the purpose or purposes of the committee, including but not
limited to an indication of whether the committee is a limited
committee or unlimited committee; (5) the mailing address and, if
applicable, residence address, electronic mailing address, telephone
numbers and Internet website, if applicable, of the committee, the
Chair, Treasurer and, if applicable, Deputy Treasurer and (6) the
full name and address of each depository in which the committee will
maintain an account. The committee may also list an acronym, which
shall not be the same as any other political action committee or
sufficiently similar to the name of any other political action
committee so that the two could be easily confused. The Treasurer
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shall be responsible for notifying the Commission of any change in
information provided on the Statement of Organization by filing an
Amended Statement of Organization within ten (10) days of a change
being made. An Amended Statement of Organization shall contain the
same information as the Statement of Organization.
Any Statement of Organization filed by an unlimited committee
organized exclusively for the purpose of advocating the approval or
defeat of a state question shall include a certification by the
committee’s Treasurer affirming that no preliminary activity was
funded by one or more foreign nationals, whether directly or
indirectly.
SECTION 5. AMENDATORY Rule 2.105 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.105. A Report of Contributions and Expenditures by a
political action committee shall include, but not be limited to, the
following information:
A. (1) the name of the committee and the time period covered
by the report;
(2) the total of all monetary contributions accepted during the
time period covered by the report, and the aggregate total of all
monetary contributions accepted during the calendar year of the time
period covered by the report;
(3) the total of all monetary contributions from other
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political action committees accepted during the time period covered
by the report, and the aggregate total of all monetary contributions
from other political action committees accepted during the calendar
year of the time period covered by the report;
(4) the total of all other funds accepted during the time
period covered by the report, including transfers from an associated
political action committee, and the aggregate total of all such
other funds accepted during the calendar year of the time period
covered by the report;
(5) the total of all monetary contributions or funds accepted
from any source during the time period covered by the report, and
the aggregate total of all monetary contributions or funds accepted
during the calendar year of the time period covered by the report;
(6) the total value of all in-kind contributions accepted
during the time period covered by the report, and the aggregate
total value of all in-kind contributions accepted during the
calendar year of the time period covered by the report;
(7) the total of all expenditures (other than contributions to
candidate committees, independent expenditures or electioneering
communications) made during the time period covered by the report,
and the aggregate total of all such expenditures made during the
calendar year of the time period covered by the report;
(8) the total of all refunds made during the time period
covered by the report, and the aggregate total of all refunds made
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during the calendar year of the time period covered by the report;
(9) the total of all transfers made to or received from an
associated political action committee during the time period covered
by the report and the date of each transfer, and the aggregate total
of all such transfers made during the calendar year of the time
period covered by the report;
(10) the total amount of all contributions made by the
committee to a candidate committee during the time period covered by
the report, and the aggregate total of all such contributions made
during the calendar year of the time period covered by the report;
(11) the total amount of all independent expenditures made by
the committee during the time period covered by the report, and the
aggregate total of all such independent expenditures made during the
calendar year of the time period covered by the report;
(12) the total amount of funds spent on electioneering
communications made by the committee during the time period covered
by the report, and the aggregate total of funds spent on
electioneering communications made during the calendar year of the
time period covered by the report;
(13) the beginning balance of the committee account for the
reporting period, and the closing balance of the committee account
at the end of the reporting period;
(14) for limited committees affiliated with a corporation or
labor union, the total amount of funds spent by the corporation or
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labor union during the time period covered by the report for the
costs of establishment of, administration of and solicitation of
contributions to the committee; and the aggregate total of funds
spent on the costs of establishment of, administration of and
solicitation of contributions to the committee made during the
calendar year.
B. (1) The name, address, occupation and employer of any
person other than a political action committee making a contribution
or contributions exceeding Fifty Dollars ($50.00) in value in the
aggregate, the date and amount of any monetary or in-kind
contributions made during the time period covered by the report, and
the aggregate total of all contributions accepted from the person
during the calendar year of the time period covered by the report;
(2) the total of all contributions accepted during the time
period covered by the report from contributors making contributions
of no more than Fifty Dollars ($50.00) in the aggregate, and the
aggregate total of all such contributions during the calendar year
of the time period covered by the report;
(3) the name and Commission identification number of a
political action committee making a contribution or contributions,
the date and amount of any monetary or in-kind contributions made
during the time period covered by the report, and the aggregate
total of all contributions accepted from the political action
committee during the calendar year of the time period covered by the
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report;
(4) the name, address, occupation and employer, if applicable,
of a contributor to whom a refund was made during the time period
covered by the report, the date and amount of the refund, and the
aggregate total of all contributions refunded to the contributor
during the calendar year of the time period covered by the report;
(5) loans made to the committee during the time period covered
by the report, including loans by commercial financial institutions;
the name, address and, if applicable, occupation and employer, of
the person making the loan; the amount of the loan, the date the
loan was made, the interest rate for the loan, the repayment terms
for the loan and the total of all loans made to the committee; any
payments on loans during the time period covered by the report, the
amount of the payment, the date the payment was made and the
remaining balance of the loan following the payment; and the total
of all payments made on all loans to the committee and the remaining
balance on all loans to the committee during the calendar year of
the time period covered by the report;
(6) the name and address of any person or entity to whom an
expenditure of more than Two Hundred Dollars ($200.00) in the
aggregate was made during the time period covered by the report, a
description of the goods or services purchased with the expenditure,
and the aggregate total of all expenditures made to the person or
entity during the calendar year of the time period covered by the
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report. Split purchasing for the purpose of evading reporting an
expenditure shall be prohibited. Expenditures made to compensate
political consultants and similar consultants shall be reported by
identifying the type of services provided to the campaign by the
consultants. Expenditures made by political consultants and other
third parties on behalf of the committee shall be reported as if the
expenditures were made by the committee. Expenditures made by using
a credit card shall be reported by itemizing each individual
expenditure of more than Two Hundred Dollars ($200.00).
(7) For unlimited committees organized exclusively for the
purpose of advocating the approval or defeat of a state question, an
affirmation by the committee’s Treasurer that the donor, person, or
entity associated with each contribution or expenditure is not a
foreign national and has not knowingly or willfully accepted funds
in excess of One Hundred Thousand Dollars ($100,000.00) from one or
more foreign nationals within the four-year period immediately
preceding the date the contribution is made.
Contributions accepted from a limited liability company shall be
reported as contributions from the individual members of the limited
liability company in proportions equal to their ownership interest
in the limited liability company. Contributions accepted from a
partnership shall be reported as contributions from the individual
partners of the partnership in proportions equal to their ownership
interest in the partnership. As used in this section, “associated
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political action committee” shall mean a political action committee
registered with the Federal Election Commission when the connected
or affiliated entities of the two committees share a formal business
relationship such as the national and state organizations of a
professional or business organization or labor union. Transfers
between a political action committee and an associated political
action committee shall not be considered as contributions or
expenditures.
C. The Report of Contributions and Expenditures for Non-
Oklahoma Committees shall include, but not be limited to, the
following information:
(1) the name of the committee and the time period covered by
the report;
(2) the total amount of all contributions made by the committee
to an Oklahoma state candidate committee during the time period
covered by the report, and the aggregate total of all such
contributions made during the calendar year of the time period
covered by the report;
(3) the total amount of all independent expenditures made by
the committee during the time period covered by the report, and the
aggregate total of all such independent expenditures made during the
calendar year of the time period covered by the report;
(4) the total amount of funds spent on electioneering
communications made by the committee during the time period covered
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by the report, and the aggregate total of funds spent on
electioneering communications made during the calendar year of the
time period covered by the report;
(5) The name, address, occupation and employer of any Oklahoma
resident making a contribution or contributions exceeding Fifty
Dollars ($50.00) in value in the aggregate, the date and amount of
any monetary or in-kind contributions made during the time period
covered by the report, and the aggregate total of all contributions
accepted from the person during the calendar year of the time period
covered by the report.
SECTION 6. AMENDATORY Rule 2.109 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.109. (A) Any person other than an individual, including
a political action committee, that makes a state question
communication of Five Thousand Dollars ($5,000.00) or more in the
aggregate at least fifteen (15) days prior to an election shall be
required to file a report with the Commission at the same time that
candidate committees are required to file pre-election reports for
the applicable election.
(B) Any person other than an individual, including a political
action committee, that makes a state question communication of Five
Thousand Dollars ($5,000.00) or more in the aggregate during the
period beginning no more than fourteen (14) days prior to any
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election and ending on the day of the election shall make a report
to the Commission no later than the business day following the day
the expenditure is made.
(C) Each report filed by a person other than a political action
committee shall include the name and address of the person making
the state question communication and the name, street address,
telephone number, and office or title of the individual filing the
report.
(D) Each report filed shall include the name of the political
action committee or the person making the state question
communication; the amount, date and a brief description or statement
of the state question communication; and identification of the
specific state question supported or opposed, indicating whether the
state question was supported or opposed.
(E) If the person making the state question communication,
other than a political action committee, received funds from any
other person for the purpose of making state question
communications, the report shall include the name, address and
principal business activity of each person contributing funds in
excess of Fifty Dollars ($50.00) in the aggregate and the amount of
any such contribution or contributions that have not been previously
reported, together with a cumulative total of all contributions made
by each person since the first report was filed for the election for
which the state question communication was made. As used in this
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section, “for the purpose of” means that the funds are either (1)
received by an organization or corporation in response to a
solicitation specifically requesting funds to pay for a state
question communication; or (2) specifically designated for
expenditures supporting or opposing a state question by the donor.
(F) If the person making the state question communication is a
non-profit corporation that has not been officially approved by the
United States Internal Revenue Service for tax exempt tax-exempt
status under Section 501(c) of Title 26 of the United States Code as
it currently exists or as it may be amended, the report shall
include the name, address and principal business activity of each
person contributing funds in excess of Fifty Dollars ($50.00) Two
Hundred Dollars ($200.00) in the aggregate to the corporation during
the current calendar year and the preceding calendar year and the
amount of any such contribution or contributions that have not been
previously reported, together with a cumulative total of all
contributions made by each person since the first report was filed
for the election for which the state question communication is made.
The report shall include an affirmation by the filing person or
committee Treasurer that the donor associated with each contribution
is not a foreign national and has not knowingly or willfully
accepted funds in excess of One Hundred Thousand Dollars
($100,000.00) from one or more foreign nationals within the four-
year period immediately preceding the date the contribution is made.
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(G) Each report filed shall include an affirmation by the
filing person or committee Treasurer that it has not knowingly or
willfully accepting funds in excess of One Hundred Thousand Dollars
($100,000.00) from one or more foreign nationals within the four-
year period immediately preceding the date the state question
communication is made and that it will not do so through the date of
the election in which the state question will appear on the ballot.
(H) Reports required by this section shall not relieve the
person making the report from filing other reports required by these
Rules.
SECTION 7. NEW LAW A new rule of the Rules of the Ethics
Commission to be codified as Rule 6.123 in Chapter 62, Appendix I,
of the Oklahoma Statutes, unless there is created a duplication in
numbering, reads as follows:
A. Lawful donors to a tax-exempt organization possess a right
of privacy in their donations. Any investigation of an alleged
violation of these Rules or a lawful court order in an action as
provided in paragraph 2 of Rule 6.10 shall occur in a manner that
shields the identity of lawful donors as much as possible. No
member or employee of the Ethics Commission, court, or officer of
the court may collect or require the submission of information on
the identity of any donor to a tax-exempt organization other than
those directly related to an alleged violation of these Rules.
B. No member or employee of the Commission, court, or officer
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of the court may disclose to the public, or another public official
not directly involved in the investigation or prosecution,
information revealing the identity of any donor to a tax-exempt
organization, unless the information is regarding the identity of a
donor that engaged in conduct prohibited by these Rules after a
final determination has been made that the donor violated these
Rules.
C. Nothing in these Rules shall be deemed to create or
eliminate any existing donor disclosure rights or duties beyond
those specifically enumerated in these Rules.
SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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