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SENATE FLOOR VERSION
February 18, 2021
SENATE BILL NO. 858 By: Dugger of the Senate
and
Talley of the House
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 Statutes 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
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the Internet, but instead kept in a secure location at a county
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 hav e the personal
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 m anner. 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 reques t 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 spe cifically authorized 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 person al
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 confiden tial
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 di sclosure 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 ha ve 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 o r 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 l aw 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.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 18, 2021 - DO PASS