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ENGROSSED 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 and a county treasurer
shall keep the personal information of la w
enforcement officers confidential; defining term;
requiring law enforcement official to obtain an order
of a court 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 confiden tial; 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
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 p erson;
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 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 af fidavit by the law enforcement official,
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 or der, 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 specifica lly 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 rec ords 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 t he 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 aff iant. A county
treasurer shall not post such confidential information on the
Internet.
SECTION 3. AMENDATORY Section 1, Chapter 219, O.S.L.
2019 (68 O.S. Supp. 2020 , Section 2899.1), is amended to read as
follows:
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;
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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 wis hes to have the personal
information of an undercover or covert officer that is contai ned 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 af fidavit 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.
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 author ized by law to view the
information, unless disclosure is specifically authorized in w riting
by that person or the affiant. A county assessor shall not post
such confidential information on the I nternet.
SECTION 4. This act shall become e ffective November 1, 2021.
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Passed the Senate the 4th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives