RULES OF THE ETHICS COMMISSION
2022 Okla. Sess. Law Serv. Ch. 416 (S.B. 1695) (WEST)
2022 Okla. Sess. Law Serv. Ch. 416 (S.B. 1695) (WEST)
SEE VETO INFORMATION AT END OF DOCUMENTOKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 416
S.B. No. 1695
RULES OF THE ETHICS COMMISSION
An Act relating to Rules of the Ethics Commission; amending Rule 3.16 of the Rules of the Ethics Commission (74 O.S. 2021, Ch. 62, App. I), which relates to financial disclosure statements; adding certain persons subject to financial disclosure; and providing an effective date.
SUBJECT: Rules of the Ethics Commission
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 74 Ch. 62 App. I Rule 3.16 >>
SECTION 1. AMENDATORY Rule 3.16 of the Rules of the Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read as follows:
Rule 3.16. A. All state officers who are elected, who are appointed by the Governor as a director of an agency, who are appointed as a cabinet secretary of the Governor or subject to retention to judicial office are required to file financial disclosure statements pursuant to this Rule.
B. Officers identified in subsection (A) A of this Rule shall disclose the following information:
1. Name, mailing address, work place telephone number and electronic mail address of the filer;
2. Name of state office held by filer;
3. Beginning date of term of office;
4. Expiration date of term of office;
5. Acknowledgements of the jurisdiction of the Commission, the Ethics Rules, and educational opportunities provided by the Commission;
6. Acknowledgments Acknowledgements of understanding of certain conflicts of interest Rules applicable to state officers;
7. Disclosure of all material financial interests as defined in subsection (C) C of this Rule by disclosing the full name and address of the entity or entities; and
8. Any other information required by the Executive Director of the Commission that is consistent with the intent and purpose of these Rules.
C. For purposes of this Rule, a “material financial interest” shall mean:
1. an An ownership interest in a private business, including but not limited to, a closely held corporation, limited liability company, Subchapter S corporation or partnership for which the filer, the filer's spouse or a dependent is a director, officer, owner, manager, employee, or agent or any private business, closely held corporation or limited liability company in which the filer, the filer's spouse or a dependent owns or has owned stock, another form of equity interest, stock options, debt instruments, or has received dividends or income worth Twenty Thousand Dollars ($20,000.00) or more at any point during the preceding calendar year; or
2. an An ownership interest of five percent (5%) or more in a publicly traded corporation or other business entity by a filer, the filer's spouse, or a dependent at any point during the preceding calendar year; or
3. an An ownership interest in a publicly traded corporation or other business entity from which dividends or income, not to include salary, of Fifty Thousand Dollars ($50,000.00) or more were derived during the preceding calendar year by the filer, the filer's spouse, or a dependent;
4. an An interest that arises as a result of the filer's, the filer's spouse, or a dependent's service as a director or officer of a publicly traded corporation or other business entity at any time during the preceding calendar year; or
5. any Any sources of income derived from employment, other than compensation pertaining to the office for which the state officer is subject to election or retention, in the amount of Twenty Thousand Dollars ($20,000.00) or more by the filer, the filer's spouse or a dependent not otherwise disclosed herein.
D. For purposes of this Rule a “material financial interest” shall not mean (1) an interest in a mutual fund or other community investment vehicle in which the filer, the filer's spouse or a dependent exercises no control over the acquisition or sale of particular holdings, or (2) an interest in a pension plan, 401k, individual retirement account or other retirement investment vehicle that makes diversified investments over which the filer, the filer's spouse or a dependent exercises no control over the acquisition or sale of particular holdings.
SECTION 2. This act shall become effective November 1, 2022.
Governor's veto overridden by both houses of the Legislature and filed with the Secretary of State May 27, 2022.
MESSAGE FROM THE
OKLAHOMA STATE SENATE
5/27/2022
TO THE SECRETARY OF STATE
I am directed to inform you that the Senate has adopted the following and ordered same transmitted to you herewith:
Transmitting Enrolled SB 1695, and advising that under the provisions of Article VI, Section 11 of the Constitution of the State of Oklahoma, the Senate and the House of Representatives have reconsidered and passed said bill over the Governor’s veto by a two-thirds vote of each house.
By order of the Senate of the State of Oklahoma, this message is sent:
Respectfully,
PAUL ZIRIAX
Secretary, Oklahoma State Senate
Received May 27, 2022, Oklahoma Secretary of State
OFFICE OF
THE GOVERNOR
STATE OF OKLAHOMA
OKLAHOMA CITY, OKLA., April 26, 2022
No. SB 1695
TIME SIGNED: 8:21 a.m.
TO THE HONORABLE PRESIDENT PRO TEMPORE
AND MEMBERS OF THE OKLAHOMA SENATE
SECOND REGULAR SESSION OF THE
FIFTY-EIGHTH OKLAHOMA LEGISLATURE
ENROLLED SENATE BILL NO. 1695:
Pursuant to the authority vested in me by Section 11 of Article VI of the Oklahoma Constitution, I have vetoed Enrolled Senate Bill 1695.
Senate Bill 1695 would require gubernatorial appointees to agency director or cabinet secretary positions to file financial disclosure statements while failing to require disclosures for similar positions appointed by the Legislature, boards, or commissions. Most gubernatorial appointees are already subject to Senate confirmation. I would urge the Legislature to revisit this topic and pass legislation that subjects all state officers—whether elected, appointed, or subject to a retention election—to the same set of financial disclosure requirements. This would include, but not be limited to, agency directors and certain state officers selected by boards or commissions and those appointed by the Legislature.
For these reasons, I have vetoed Enrolled Senate Bill 1695.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Kevin Stitt
Received April 26, 2022, Oklahoma Secretary of State
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