HB 2164: Public corruption; crimes against state revenue; modifying punishment for certain offense; establishing elements of certain offense; prohibiting certain acts upon conviction of certain offense; effective date. - Oklahoma

Floor (House) → Floor (Senate) · 4 edits

MODERATE

The bill was converted from a House version to a Senate floor version, resulting in significant substantive changes to the definition of public corruption and the associated penalties. The Senate version broadens the scope by explicitly requiring the intent to act 'corruptly' and clarifies that nonpublic information must be obtained due to government employment. Additionally, the penalty for violating the corruption statute was changed from a misdemeanor felony to a standard felony, and the definition of 'immediate family' was updated to include a spouse's siblings.

Scope change

The bill's scope was expanded to explicitly cover acts done with corrupt intent and clarified the source of nonpublic information required for a violation. The definition of 'immediate family' was broadened to include a spouse's siblings.

DEFINITION

The definition of 'immediate family' was updated to include a spouse's siblings, expanding the range of relatives whose interests are protected under the conflict of interest rules.

ENFORCEMENT

The penalty for violating the public corruption statute was changed from a 'misdemeanor felony' to a standard 'felony,' potentially increasing the severity of the punishment.

REQUIREMENT

The statute was amended to require that the public officer obtained nonpublic information 'because of' their government employment and acted 'corruptly,' adding specific intent and causation requirements to the offense.

TECHNICAL

The bill header was updated to reflect the Senate Floor Version, and the legislative session details were adjusted to match the Senate's procedural format.

Senate Committee Substitute for House Bill → Floor (House) · 4 edits

MODERATE

The bill was converted from a Senate Committee Substitute to the House Floor version, resulting in significant substantive changes to public corruption laws. The most critical change is the elevation of the public corruption offense in Section 1 from a misdemeanor to a felony, increasing the potential penalty from a fine and short-term imprisonment to up to five years in prison. Additionally, the definition of 'immediate family' was expanded to include grandparents, grandchildren, siblings, and spouses of immediate family members, broadening the scope of who is considered a conflict of interest. The bill also added new grounds for removing state officers, including willful maladministration and habitual drunkenness, and clarified the timeline for responding to legislative information requests.

Scope change

The scope of the bill was expanded by increasing the severity of penalties for public corruption and broadening the definition of family relationships that constitute a conflict of interest.

ENFORCEMENT

Elevated the penalty for public corruption from a misdemeanor to a felony, allowing for up to five years in prison.

Added 'willful maladministration' and 'habitual drunkenness' as new grounds for removing state officers from office.

DEFINITION

Expanded the definition of 'immediate family' to include grandparents, grandchildren, siblings, and spouses of immediate family members.

REQUIREMENT

Clarified that state officers must respond to legislative information requests within fifteen business days.

House Committee Substitute → Senate Committee Substitute for House Bill · 1 edit

MINOR

The bill was revised to reflect its final passage through the Senate, updating the title to 'Committee Substitute for Engrossed House Bill' and changing the page number. Substantively, the text of the bill remains identical to the House version, with no changes to the law's scope, penalties, or requirements.

TECHNICAL

Updated the document header to indicate the bill is a 'Committee Substitute for Engrossed House Bill' and changed the page number from 13032 to 2035.

Enrolled (final version) → House Committee Substitute · 4 edits

MODERATE

The bill was renumbered from an enrolled version to a House Committee Substitute, reflecting amendments made during the legislative process. The substantive text of the bill remains largely the same, though minor wording adjustments were made to clarify definitions of corruption and the scope of prohibited actions.

Scope change

The scope and applicability of the bill remain unchanged; it continues to address public corruption, removal of officials, and ethics training requirements for state officers.

TECHNICAL

The document title and header were updated to reflect that this is a 'House Committee Substitute' rather than the final 'Enrolled' version, indicating it has been amended by the House committee.

Formatting changes were applied throughout the document to align with the new committee substitute layout, including line numbering and page headers.

DEFINITION

Minor wording changes were made in Section 344 to clarify that prohibited actions include acquiring or divesting pecuniary interests, speculating on nonpublic information, and aiding others in committing these acts.

Section 1181 was updated to clarify that 'corruption in office' includes using public authority to procure benefits that would 'foreseeably result' in personal gain, expanding the scope of what constitutes corruption.

Engrossed → Enrolled (final version) · 4 edits · May 22, 2025

MODERATE

The bill was finalized and enrolled, updating the official title to reflect specific amendments and adding a new section on insider trading. The most significant substantive change is the addition of Section 365, which criminalizes the misuse of nonpublic information obtained through government work, including using it for personal gain, speculating on it, or disclosing it improperly. This new felony carries a potential five-year prison sentence and bans the offender from holding public office or entering state contracts. The bill also updated the list of who is exempt from certain corruption rules and refined the definitions of 'immediate family' for conflict of interest purposes.

Scope change

The bill's scope expanded by adding a new felony offense for insider trading and misuse of nonpublic information by state officers, employees, and contractors.

ENFORCEMENT

Added a new Section 365 creating a felony for using nonpublic government information for personal gain, speculation, or disclosure, punishable by up to five years in prison and a $10,000 fine.

DEFINITION

Updated the definition of 'immediate family' to include spouses' parents, stepchildren, grandparents, grandchildren, siblings, and spouses of siblings.

SCOPE

Modified the text of the bill's title to accurately reflect the new insider trading provision and other specific amendments.

ELIGIBILITY

Adjusted the list of exemptions for public officers, specifically clarifying that municipal officers and conservation district board members are excluded from certain provisions.

Amended And Engrossed → Engrossed · 5 edits · May 7, 2025

MODERATE

The bill was re-engrossed to add the Senate coauthor, Haste, and updated the title to reflect new provisions regarding ethics training and conflict of interest certifications. The core policy changes include redefining public corruption offenses to include a broader range of prohibited actions, such as using nonpublic information for personal gain or speculating on it, and expanding the definition of 'immediate family' to include siblings and in-laws. Additionally, the bill significantly expanded the grounds for removing public officials from office to include habitual drunkenness and willful maladministration.

Scope change

The bill's scope expanded to include ethics training requirements for first-time state officers and new prohibitions on using nonpublic information for personal gain or speculation. The definition of 'immediate family' was broadened to cover more relatives, and the grounds for removal of officials were increased.

SCOPE

Added a new coauthor, Haste of the Senate, to the bill.

REQUIREMENT

Updated the bill title to explicitly mention ethics training for first-time state officers and conflict of interest certifications.

Revised the definition of public corruption to include using nonpublic information for personal gain, acquiring interests affected by such information, and speculating or wagering based on it.

DEFINITION

Expanded the definition of 'immediate family' to include siblings, stepchildren, parents, grandparents, grandchildren, and spouses of immediate family members.

ENFORCEMENT

Added new grounds for removing public officials from office, including habitual drunkenness, willful maladministration, and knowingly giving false testimony to legislative committees.

Introduced → Amended And Engrossed · 4 edits · May 7, 2025

MODERATE

The Senate amended the bill to update the legal description of the legislation to reflect changes made during the committee process, such as the addition of a Senate coauthor and the creation of new felony offenses. The core policy provisions regarding public corruption, removal from office, and nonpublic information usage remain substantively unchanged, though the text was reorganized to align with the new title and authorship.

Scope change

The bill's scope and applicability remain unchanged; the amendment only updates the bill's title and introductory text to reflect procedural changes.

TECHNICAL

The bill's title and enacting clause were updated to include a Senate coauthor and to accurately describe the new felony offenses and penalties added to the bill.

The summary of the bill's contents was rewritten to reflect the specific statutory changes, including the addition of new sections on nonpublic information and conflicts of interest.

The text of 21 O.S. Section 344 was slightly rephrased to clarify that the penalty applies upon conviction and to adjust the language regarding immediate family members.

The text of 22 O.S. Section 1181 was updated to modernize language, remove gendered terms, and clarify the grounds for removal from office.

Public corruption; crimes against state revenue; modifying punishment for certain offense; establishing elements of certain offense; prohibiting certain acts upon conviction of certain offense; effective date.

What changed between versions

How they voted

Actions timeline

Sponsors