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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 858 By: Dugger
AS INTRODUCED
An Act relating to counties and county officers;
requiring that a county clerk, county treasurer and a
county election board shall keep the personal
information of law enforcement officers confidential;
defining term; requirin g law enforcement official to
obtain an order of a cou rt to keep personal
information confidential; directing the office upon
receipt of the order to keep information confidential
and not to disclose unless under certain
circumstances; amending Section 1, Chapter 219,
O.S.L. 2019 (68 O.S. Supp. 2020, Section 2899.1) ,
which relates to requests from law enforcement
organizations to keep personal information
confidential; removing certain limitation; providing
for codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 243.1 of Title 19, unless there
is created a duplication in numbering , reads as follows:
A. All law enforcement organizations in this state shall be
permitted to request to a county clerk that personal information
regarding law enforcement officers not be made publicly available on
the Internet, but instead kept in a secure location at a county
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clerk’s office where it may be made available to the authorized
persons pursuant to law.
B. For purposes of this section, “personal information ” shall
mean:
1. The home address of a person;
2. The home address of the sp ouse, domestic partner or minor
child of a person; and
3. Any telephone number or electronic mail a ddress of a person.
C. Any law enforcement official who wishes to have the person al
information of an officer that is contained in the records of a
county clerk be kept confidential must obtain an order of a court
that requires the county clerk to maintain the pers onal information
of the person or entity in a confidential manner. Such an order
must be based on a sworn affidavit by the law enforcement offici al,
which affidavit:
1. States that the individual whose information is to be kept
confidential is an officer; and
2. Sets forth sufficient justification for the request for
confidentiality.
Upon receipt of such an order, a county clerk shall keep such
information confidential and shall not disclose th e confidential
information to anyone not specifically authorized by law to view th e
information, unless disclosure is specifically au thorized in writing
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by that person or the affiant. A county clerk shall not post such
confidential information on the I nternet.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 625.1 of Title 19, unless there
is created a duplication in numbering, reads as follows:
A. All law enforcement organizations in this state shall be
permitted to request to a county treasurer that personal informatio n
regarding law enforcement officers not be made publicly available on
the Internet, but instead kept in a secure location at a county
treasurer’s office where it may be made available to the authorized
persons pursuant to law.
B. For purposes of this sec tion, “personal information ” shall
mean:
1. The home address of a person;
2. The home address of the spouse, domestic partner or minor
child of a person; and
3. Any telephone number or electronic mail a ddress of a person.
C. Any law enforcement officia l who wishes to have the persona l
information of an officer that is contained in the records of a
county treasurer be kept confidential must obtain an order of a
court that requires the county treasurer to maintain the pers onal
information of the person or entity in a confidential manner . Such
an order must be based on a sworn affidavit by the law enforcement
official, which affidavit:
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1. States that the individual whose information is to be kept
confidential is an officer; and
2. Sets forth sufficient j ustification for the request for
confidentiality.
Upon receipt of such an order, a county treasurer shall keep
such information confidential and shall not disclose th e
confidential information to anyone not specifically authorized by
law to view the inform ation, unless disclosure is spec ifically
authorized in writing by that person or the affiant. A county
treasurer shall not post such confidential information on the
Internet.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sect ion 2-116.1 of Title 26, unless
there is created a duplication in numbering, reads as follows:
A. All law enforcement organizations in t his state shall be
permitted to request to a county election board that personal
information regarding law en forcement officers not be made publicly
available on the Internet, but instead kept in a secure location at
a county election board’s office where it may be made available to
the authorized persons pursuant to law.
B. For purposes of this section, “personal information ” shall
mean:
1. The home address of a person;
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2. The home address of the spouse, domestic partner or minor
child of a person; and
3. Any telephone number o r electronic mail address of a person.
C. Any law enforcement official who wishes to have the personal
information of an officer that is contained in the records of a
county election board be kept confidential must obtain an order of a
court that requires the county election board to maintain the
personal information of the person or entity in a confidential
manner. Such an order must be based on a sworn affidavit by the law
enforcement official, which affidavit:
1. States that the individual whose infor mation is to be kept
confidential is an officer; and
2. Sets forth sufficient justification for the request for
confidentiality.
Upon receipt of such an order, a county election board shall
keep such information confidential and shall not disclose th e
confidential information to anyone not specifically authorized by
law to view the information, unless disclosure is specifically
authorized in writing by that person or the affiant. A county
election board shall not post such confidential information on the
Internet.
SECTION 4. AMENDATORY Section 1, Chapter 219, O.S.L.
2019 (68 O.S. Supp. 2020 , Section 2899.1), is amended to read as
follows:
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Section 2899.1. A. All law enforcement organizations in the
this state of Oklahoma shall be permitted to re quest to a county
assessor that personal information regarding undercover or covert
law enforcement officers not be made publicly available on the
Internet, but instead kept in a secure location at a county
assessor’s office where it may be made available to authorized
persons pursuant to law.
B. For purposes of this section, “personal information” shall
mean:
1. The home address of a person;
2. The home address of the spouse, domestic partner or minor
child of a person; and
3. Any telephone number or electronic mail a ddress of a person.
C. Any law enforcement official who wishes to have the personal
information of an undercover or covert officer that is contained in
the records of a county assessor be kept confidential must obtain an
order of a court that requires the county assessor to maintain t he
personal information of the person or entity in a confidential
manner. Such an order must be based on a sworn affidavit by the law
enforcement official, which affidavit:
1. States that the individual whose information is to be kept
confidential is an undercover or covert officer; and
2. Sets forth sufficient justification for the request for
confidentiality.
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Upon receipt of such an order, a county assessor shall keep such
information confidential and shall not disclose th e confidential
information to anyone not specifically authorized by law to view the
information, unless disclosure is specifically authorized in writing
by that person or the affiant. A county assessor shall not post
such confidential information on the I nternet.
SECTION 5. This act shall become effective November 1, 2021.
58-1-838 MR 1/21/2021 4:13:46 PM