Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB858 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 1 1
	3	+	SB858 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE AMENDME NT
29		-	TO
30		-	ENGROSSED SENATE BILL NO . 858 By: Dugger of the Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR ENGROSSED
	37	+	SENATE BILL NO. 858 By: Dugger of the Senate
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32	39		and
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34	41		Talley of the House
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	47	+	COMMITTEE SUBSTITUTE
	48	+
40	49		An Act relating to counties and county officers;
41		-	requiring that a county clerk and a county treasurer
42		-	shall keep the personal informat ion of law
43		-	enforcement officers confidential; defining term;
44		-	requiring law enforcement official to obtain an order
45		-	of a court to keep personal information confidential;
46		-	directing the office upon receipt of the order to
47		-	keep information confidential and not to disclose
48		-	unless under certain circumstances; amending Section
49		-	1, Chapter 219, O.S.L. 2019 (68 O.S. Supp. 2020,
50		-	Section 2899.1), which relates to requests from law
51		-	enforcement organizations to keep personal
52		-	information confidential; removing certain
53		-	limitation; providing for codification; and providing
54		-	an effective date.
	50	+	amending 19 O.S. 2011, Section 339, as last amended
	51	+	by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. Supp.
	52	+	2020, Section 339), which relates to powers of county
	53	+	commissioners; authorizing expenditures of certain
	54	+	federal funding; construing language; and declaring
	55	+	an emergency.
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60		-	AUTHOR: Add the following House Coauthor: Manger
	61	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	62	+	SECTION 1. AMENDATORY 19 O.S. 2011, Section 339, as last
	63	+	amended by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. S upp. 2020,
	64	+	Section 339), is amended to read as follows:
	65	+	Section 339. A. The board of county commissioners shall have
	66	+	power:
	67	+	1. To make all orders respecting the real property of the
	68	+	county, to sell the public grounds of the county and to purchase
61	69
62		-	AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
63		-	and replace with:
64		-
65		-
66		-	"An Act relating to counties and county o fficers;
67		-	amending 19 O.S. 2011, Section 339, as last amended
68		-	by Section 1, Chapter 396, O.S.L. 2019 (19 O.S.
69		-	Supp. 2020, Section 339), which relates to powers of
70		-	county commissioners; authorizing expenditures of
71		-	certain federal funding; construing language ; and
72		-	declaring an emergency.
73		-
74		-
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76		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 2 1
	70	+	SB858 HFLR Page 2
	71	+	BOLD FACE denotes Committee Amendments. 1
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101		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102		-	SECTION 1. AMENDATORY 19 O.S. 2011, Section 339, as last
103		-	amended by Section 1, Chapter 396, O.S.L. 2019 (19 O.S. Supp. 2020,
104		-	Section 339), is amended to read as follows:
105		-	Section 339. A. The board of county commissioners shall have
106		-	power:
107		-	1. To make all orders respecting the real property of the
108		-	county, to sell the public grounds of the county and to purchase
109	96		other grounds in lieu thereof; and for the purpose of carrying out
110	97		the provisions of this section it shall be sufficient to convey all
111	98		the interests of the county in those grounds when an order made for
112	99		the sale and a deed is executed in the name of the county b y the
113	100		chair of the board of county commissioners, reciting the order, and
114	101		signed by the chair and acknowledged by the county clerk for and on
115	102		behalf of the county;
116	103		2. To audit the accounts of all officers having the care,
117	104		management, collection or disburs ement of any money belonging to the
118	105		county or appropriated for its benefit;
119	106		3. To construct and repair bridges and to open, lay out and
120	107		vacate highways; provided, however, that when any state institution,
121	108		school or department shall own, lease or otherwise control land on
122	109		both sides of any established highway, the governing board or body
123	110		of the same shall have the power to vacate, alter or relocate the
124	111		highway adjoining the property in the following manner:
	112	+	If it should appear that it would be to the best u se and
	113	+	interest of the institution, school or department to vacate, alter
	114	+	or relocate such highway, the governing board or body shall notify
	115	+	the board of county commissioners, in writing, of their intention to
	116	+	hold a public hearing and determine whether to vacate, alter or
	117	+	relocate the highway, setting forth the location and terminals of
	118	+	the road, and all data concerning the proposed right -of-way if
	119	+	changed or relocated, and shall give fifteen (15) days' notice of
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126		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 3 1
	121	+	SB858 HFLR Page 3
	122	+	BOLD FACE denotes Committee Amendments. 1
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151		-	If it should appear that it would be to the best use and
152		-	interest of the institu tion, school or department to vacate, alter
153		-	or relocate such highway, the governing board or body shall notify
154		-	the board of county commissioners, in writing, of their intention to
155		-	hold a public hearing and determine whether to vacate, alter or
156		-	relocate the highway, setting forth the location and terminals of
157		-	the road, and all data concerning the proposed right -of-way if
158		-	changed or relocated, and shall give fifteen (15) days' notice of
159	147		the hearing by publication in some newspape r in the county or
160	148		counties in which the road is located, and the hearing shall be held
161	149		at the county seat of the county in which the road is located, and
162	150		if a county line road, may be heard in either county. At the
163	151		hearing testimony may be taken, and any protests or suggestions
164	152		shall be received as to the proposed measure, and at the conclusion
165	153		thereof if the governing board or body shall find that it would be
166	154		to the best use and interest of the institution, school or
167	155		department, and the public generally, they may make an appropriate
168	156		order either vacating, altering or relocating the highway, which
169	157		order shall be final if approved by the board of county
170	158		commissioners. The institution, school or department may by
171	159		agreement share the cost of changing any suc h road. No property
172	160		owner shall be denied access to a public highway by the order;
173	161		4. To recommend or sponsor an employee or prospective employee
174	162		for job-related training and certification in an area that may
	163	+	require training or certification to comply w ith state or federal
	164	+	law as such training or certification is provided by the Department
	165	+	of Transportation, the Federal Highway Administration, or any other
	166	+	state agency, technology center school, or university;
	167	+	5. To approve a continuing education progra m for full-time
	168	+	county employees with at least five (5) consecutive years of service
	169	+	to the county. Such programs shall consist of courses offered by
	170	+	colleges and universities that are members of The Oklahoma State
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176		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 4 1
	172	+	SB858 HFLR Page 4
	173	+	BOLD FACE denotes Committee Amendments. 1
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201		-	require training or certification to comply with state or federal
202		-	law as such training or certification is provided by the Department
203		-	of Transportation, the Federal Highway Administration, or any other
204		-	state agency, technology center school, or university;
205		-	5. To approve a continuing education program for full -time
206		-	county employees with at least five (5) consecutive years of service
207		-	to the county. Such programs shall consist of courses offered by
208		-	colleges and universities that are members of The Oklahoma State
209	198		System of Higher Education. Such progra ms shall require that
210	199		employees maintain at least an A or B average in order to qualify
211	200		for one hundred percent (100%) reimbursement. Employees who
212	201		maintain passing or satisfactory grades shall qualify for seventy -
213	202		five percent (75%) reimbursement under s uch programs. Such programs
214	203		shall require that documentation from colleges and universities
215	204		regarding courses completed, credits earned and tuition charged be
216	205		submitted to a board of county commissioners within ninety (90) days
217	206		after the completion of cou rses. General applications and request
218	207		forms for such programs shall be submitted to a board of county
219	208		commissioners or an appropriate human resources department prior to
220	209		the conclusion of a county's current fiscal year. Employees who
221	210		elect to participate in such programs shall continue to meet the
222	211		full responsibilities of their positions, and participation shall
223	212		not interfere with availability for scheduled work or negatively
224	213		affect work performance. In order to be eligible for participation
	214	+	in such programs, employees shall not have been formally disciplined
	215	+	within one (1) year prior to submitting their program application.
	216	+	A board of county commissioners shall be authorized to establish a
	217	+	program requiring a one -year commitment of service to the count y
	218	+	from individuals who participate in such programs. Under such
	219	+	programs, employees shall only be eligible to receive tuition
	220	+	reimbursements in exchange for employment with the county lasting at
	221	+	least one (1) year;
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226		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 5 1
	223	+	SB858 HFLR Page 5
	224	+	BOLD FACE denotes Committee Amendments. 1
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251		-	in such programs, employees shall not hav e been formally disciplined
252		-	within one (1) year prior to submitting their program application.
253		-	A board of county commissioners shall be authorized to establish a
254		-	program requiring a one -year commitment of service to the county
255		-	from individuals who partici pate in such programs. Under such
256		-	programs, employees shall only be eligible to receive tuition
257		-	reimbursements in exchange for employment with the county lasting at
258		-	least one (1) year;
259	249		6. Until January 1, 1983, to furnish ne cessary blank books,
260	250		plats, blanks and stationery for the clerk of the district court,
261	251		county clerk, register of deeds, county treasurer and county judge,
262	252		sheriff, county surveyor and county attorney, justices of the peace,
263	253		and constables, to be paid for o ut of the county treasury; also a
264	254		fireproof vault sufficient in which to keep all the books, records,
265	255		vouchers and papers pertaining to the business of the county;
266	256		7. To set off, organize and change the boundaries of townships
267	257		and to designate and give na mes therefor; provided, that the
268	258		boundaries of no township shall be changed within six (6) months
269	259		next preceding a general election;
270	260		8. To lease tools, apparatus, machinery or equipment of the
271	261		county to another political subdivision or a state agency. Th e
272	262		Association of County Commissioners of Oklahoma and the Oklahoma
273	263		State University Center for Local Government Technology together
	264	+	shall establish a system of uniform rates for the leasing of such
	265	+	tools, apparatus, machinery and equipment;
	266	+	9. To jointly, with other counties, buy heavy equipment and to
	267	+	loan or lease such equipment across county lines;
	268	+	10. To develop personnel policies for the county with the
	269	+	approval of a majority of all county elected officers, as evidenced
	270	+	in the minutes of a meeting of the board of county commissioners or
	271	+	the county budget board;
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275		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 6 1
	273	+	SB858 HFLR Page 6
	274	+	BOLD FACE denotes Committee Amendments. 1
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300		-	shall establish a system of uniform rates for the leasing of such
301		-	tools, apparatus, machinery and equipment;
302		-	9. To jointly, with other counties, buy heav y equipment and to
303		-	loan or lease such equipment across county lines;
304		-	10. To develop personnel policies for the county with the
305		-	approval of a majority of all county elected officers, as evidenced
306		-	in the minutes of a meeting of the board of county commissio ners or
307		-	the county budget board;
308	299		11. To purchase, rent, or lease -purchase uniforms, safety
309	300		devices and equipment for the officers and employees of the county.
310	301		The county commissioners may pay for any safety training or safet y
311	302		devices and safety equipment out of the general county funds or any
312	303		county highway funds available to the county commissioners;
313	304		12. To provide incentive awards for safety -related job
314	305		performance. However, no employee shall be recognized more than
315	306		once per calendar year and the award shall not exceed the value of
316	307		Two Hundred Fifty Dollars ($250.00); further, no elected official
317	308		shall be eligible to receive a safety award;
318	309		13. To provide for payment of notary commissions, filing fees,
319	310		and the cost of notary seals and bonds;
320	311		14. To do and perform other duties and acts that the board of
321	312		county commissioners may be required by law to do and perform;
	313	+	15. To make purchases at a public auction pursuant to the
	314	+	county purchasing procedures in subsection D of Se ction 1505 of this
	315	+	title;
	316	+	16. To deposit interest income from highway funds in the
	317	+	general fund of the county;
	318	+	17. To submit sealed bids for the purchase of equipment from
	319	+	this state, or any agency or political subdivision of this state;
	320	+	18. To utilize county-owned equipment, labor and supplies at
	321	+	their disposal on property owned by the county, public schools, two -
	322	+	year colleges or technical branches of colleges that are members of
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323		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 7 1
	324	+	SB858 HFLR Page 7
	325	+	BOLD FACE denotes Committee Amendments. 1
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348		-	15. To make purchases at a public auction pursuant to the
349		-	county purchasing procedures in subsection D of Section 1505 of this
350		-	title;
351		-	16. To deposit interest income from highway funds in the
352		-	general fund of the county;
353		-	17. To submit sealed bids for the purchase of equipment from
354		-	this state, or any agency or political subdivision of this state;
355		-	18. To utilize county -owned equipment, labor and supplies at
356		-	their disposal on property owned by the county, public schools, two -
357		-	year colleges or technical branches of colleges that are members of
358	350		The Oklahoma State System of Higher Education, the state and
359	351		municipalities according to the provisions of Section 36 -113 of
360	352		Title 11 of the Oklahoma Statutes. Cooperative agreements may be
361	353		general in terms of routine maintenance or specific in terms of
362	354		construction and agreed to and renewed on an annual basis. Work
363	355		performed pursuant to Section 36 -113 of Title 11 of the Oklahoma
364	356		Statutes shall comply with the provisions of this section;
365	357		19. To enter into intergovernmental cooperative agreements with
366	358		the federally recognized Indian tribes within this state to address
367	359		issues of construction and maintenance of streets, roads, bridges
368	360		and highways exclusive of the provisions of Section 1221 of Title 74
369	361		of the Oklahoma Statutes;
	362	+	20. To execute hold harmless agreements with the lessor in the
	363	+	manner provided by subsection B of Secti on 636.5 of Title 69 of the
	364	+	Oklahoma Statutes when leasing or lease -purchasing equipment;
	365	+	21. To accept donations of right -of-way or right-of-way
	366	+	easements pursuant to Section 381 et seq. of Title 60 of the
	367	+	Oklahoma Statutes;
	368	+	22. To establish by resoluti on the use of per diem for specific
	369	+	purposes in accordance with the limitations provided by Sections
	370	+	500.8 and 500.9 of Title 74 of the Oklahoma Statutes;
	371	+	23. To apply to the Department of Environmental Quality for a
	372	+	waste tire permit to bale waste tires for use in approved
	373	+	engineering projects;
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371		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 8 1
	375	+	SB858 HFLR Page 8
	376	+	BOLD FACE denotes Committee Amendments. 1
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396		-	20. To execute hold harmless agreements with the lessor in the
397		-	manner provided by subsection B of Section 636.5 of Title 69 of the
398		-	Oklahoma Statutes when leasing or lease -purchasing equipment;
399		-	21. To accept donations of right -of-way or right-of-way
400		-	easements pursuant to Section 381 et seq. of Title 60 of the
401		-	Oklahoma Statutes;
402		-	22. To establish by resolution the use of per diem for spe cific
403		-	purposes in accordance with the limitations provided by Sections
404		-	500.8 and 500.9 of Title 74 of the Oklahoma Statutes;
405		-	23. To apply to the Department of Environmental Quality for a
406		-	waste tire permit to bale waste tires for use in approved
407		-	engineering projects;
408	401		24. To enter into the National Association of Counties (NACo)
409	402		Prescription Drug Discount Program;
410	403		25. To work with federal, state, municipal, and public school
411	404		district properties in an effort to minimize cost to such entities;
412	405		26. To provide incentive awards to employees for participating
413	406		in voluntary wellness programs which result in improved health.
414	407		Incentive awards may be created by the Wellness Council set forth in
415	408		Section 1302 of this title;
416	409		27. To establish a county employee benefit program to encourage
417	410		outstanding performance in the workplace. Monies may be expended
418	411		for the purchase of recognition awards for presentation to an
419	412		employee or members of a work unit; and
	413	+	28. To trade in equipment to a vendo r or on statewide contract
	414	+	by acquiring used equipment values pursuant to subsection B of
	415	+	Section 421.1 of this title ; and
	416	+	29. To expend federal funds made available to a county of the
	417	+	state through the federal Coronavirus Aid, Relief, and Economic
	418	+	Security Act (CARES Act), Pub.L. 116 –136, or similar relief funds
	419	+	according to the permissible uses of the applicable federal
	420	+	legislation or guidance issued by any federal agency thereof,
	421	+	regardless of any lack of specific state statutory authorization to
	422	+	perform the duties or functions for which the federal government has
	423	+	provided the funds. The expenditure of the funds in accordance with
	424	+	the federal legislation or guidance issued by any federal agency
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421		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 9 1
	426	+	SB858 HFLR Page 9
	427	+	BOLD FACE denotes Committee Amendments. 1
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446		-	28. To trade in equipment to a vendor or on statewide contract
447		-	by acquiring used equipment values pursuant to subsection B of
448		-	Section 421.1 of this title ; and
449		-	29. To expend federal funds made available to a county of the
450		-	state through the federal Coronavirus Aid, Relief, and Economic
451		-	Security Act (CARES Act), Pub.L. 116 –136, or similar relief funds
452		-	according to the permissible uses of the applicable federal
453		-	legislation or guidance issued by any federal agency thereof,
454		-	regardless of any lack of specific state statutory authorization to
455		-	perform the duties or functions for which the federal government has
456		-	provided the funds. The expenditure of the funds in accordance with
457		-	the federal legislation or guidance issued by any federal agency
458	452		thereof shall be at the discretion of the board of county
459	453		commissioners of the county.
460	454		The receipt of funding through the CARES Act or similar relief
461	455		funds shall not be considered a supplemental appropriation and shall
462	456		be exempt from the requirements of Section 1420 of this title. In
463	457		the event the period allotted for expenditure of federal funds
464	458		crosses fiscal years, said funds shall not be considered revenue
465	459		when setting the county's budget for the next fiscal year .
466	460		B. The county commissioners of a county or, in counties where
467	461		there is a county budget board, the county budget board may
468	462		designate money from general county funds for the designated purpose
	463	+	of drug enforcement and drug abuse prevention programs within the
	464	+	county.
	465	+	C. When any lease or lease purchase is made on behalf of the
	466	+	county by the board pursua nt to the provisions of this section, the
	467	+	county shall be allowed to have trade in values for transactions
	468	+	involving the Oklahoma Central Purchasing Act.
	469	+	D. In order to timely comply with the Oklahoma Vehicle License
	470	+	and Registration Act with regard to co unty vehicles, the board of
	471	+	county commissioners may, by resolution, create a petty cash
	472	+	account. The board of county commissioners may request a purchase
	473	+	order for petty cash in an amount necessary to pay the expense of
	474	+	license and registration fees for county motor vehicles. Any
	475	+	balance in the petty cash account after the license and registration
469	476
470		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 10 1
	477	+	SB858 HFLR Page 10
	478	+	BOLD FACE denotes Committee Amendments. 1
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495		-	of drug enforcement and drug abuse prevention programs within the
496		-	county.
497		-	C. When any lease or lease purchase is made on behalf of the
498		-	county by the board pursuant to the provisions of this s ection, the
499		-	county shall be allowed to have trade -in values for transactions
500		-	involving the Oklahoma Central Purchasing Act.
501		-	D. In order to timely comply with the Oklahoma Vehicle License
502		-	and Registration Act with regard to county vehicles, the board of
503		-	county commissioners may, by resolution, create a petty cash
504		-	account. The board of county commissioners may request a purchase
505		-	order for petty cash in an amount necessary to pay the expense of
506		-	license and registration fees for county motor vehicles. Any
507		-	balance in the petty cash account after the license and registration
508	503		fees have been paid shall be returned to the account or fund from
509	504		which the funds originated. The county purchasing agent shall be
510	505		the custodian of the petty cash account, and the petty cash account
511	506		shall be subject to audit.
512	507		E. When the board of county commissioners approves an express
513	508		trust, pursuant to Sections 176 through 180.4 of Title 60 of the
514	509		Oklahoma Statutes, for the purpose of operating a county jai l, the
515	510		trustees of the public trust may appoint commissioned peace
516	511		officers, certified by the Council on Law Enforcement Education and
517	512		Training, to provide security for inmates that are required to be
518	513		transported outside of the detention facility, and inve stigate
519		-
520		-	ENGR. H. A. to ENGR. S. B. NO. 858 Page 11 1
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545	514		violations of law within the detention facility. Other personnel
546	515		necessary to operate the jail may be employed and trained or
547	516		certified as may be required by applicable state or federal law.
548	517		SECTION 2. It being immediately necessa ry for the preservation
549	518		of the public peace, health or safety, an emergency is hereby
550	519		declared to exist, by reason whereof this act shall take effect and
551		-	be in full force from and after its passage and approval. "
552		-	Passed the House of Representatives the 21st day of April, 2021.
	520	+	be in full force from and after its passage and approval.
553	521
554		-
555		-
556		-
557		-
558		-	Presiding Officer of the House of
559		-	Representatives
560		-
561		-
562		-	Passed the Senate the ____ day of __________, 2021.
563		-
564		-
565		-
566		-
567		-
568		-	Presiding Officer of the Senate
569		-
570		-
571		-	ENGR. S. B. NO. 858 Page 1 1
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596		-	ENGROSSED SENATE
597		-	BILL NO. 858 By: Dugger of the Senate
598		-
599		-	and
600		-
601		-	Talley of the House
602		-
603		-
604		-
605		-
606		-	An Act relating to coun ties and county officers;
607		-	requiring that a county clerk and a county treasurer
608		-	shall keep the personal information of law
609		-	enforcement officers confidential; defining term;
610		-	requiring law enforcement official to obtain an order
611		-	of a court to keep personal in formation confidential;
612		-	directing the office upon receipt of the order to
613		-	keep information confidential and not to disclose
614		-	unless under certain circumstances; amending Section
615		-	1, Chapter 219, O.S.L. 2019 (68 O.S. Supp. 2020,
616		-	Section 2899.1), which relates to requests from law
617		-	enforcement organizations to keep personal
618		-	information confidential; removing certain
619		-	limitation; providing for codification; and providing
620		-	an effective date.
621		-
622		-
623		-
624		-
625		-
626		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
627		-	SECTION 3. NEW LAW A new section of law to be codified
628		-	in the Oklahoma Statutes as Section 243.1 of Title 19, unless there
629		-	is created a duplication in numbering, reads as follows:
630		-	A. All law enforcement organizations in this state shall be
631		-	permitted to request to a county clerk that personal information
632		-	regarding law enforcement officers not be made publicly available on
633		-	the Internet, but instead kept in a secure location at a county
634		-
635		-	ENGR. S. B. NO. 858 Page 2 1
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660		-	clerk’s office where it may be made available to the authorized
661		-	persons pursuant to law.
662		-	B. For purposes of this section, “personal information ” shall
663		-	mean:
664		-	1. The home address of a person;
665		-	2. The home address of the spouse, domestic partner or minor
666		-	child of a person; and
667		-	3. Any telephone number or electronic mail address of a person.
668		-	C. Any law enforcement official who wishes to have the personal
669		-	information of an officer that is contained in the records of a
670		-	county clerk be kept confidential must obtain an order of a court
671		-	that requires the county clerk to mainta in the personal information
672		-	of the person or entity in a confidential manner. Such an order
673		-	must be based on a sworn affidavit by the law enforcement official,
674		-	which affidavit:
675		-	1. States that the individual whose information is to be kept
676		-	confidential is an officer; and
677		-	2. Sets forth sufficient justification for the request for
678		-	confidentiality.
679		-	Upon receipt of such an order, a county clerk shall keep such
680		-	information confidential and shall not disclose the confidential
681		-	information to anyone not specifica lly authorized by law to view the
682		-	information, unless disclosure is specifically authorized in writing
683		-
684		-	ENGR. S. B. NO. 858 Page 3 1
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709		-	by that person or the affiant. A county clerk shall not post such
710		-	confidential information on the Internet.
711		-	SECTION 4. NEW LAW A new section of law to be codified
712		-	in the Oklahoma Statutes as Section 625.1 of Title 19, unless there
713		-	is created a duplication in numbering, reads as follows:
714		-	A. All law enforcement organizations in this state shall be
715		-	permitted to request to a county tr easurer that personal information
716		-	regarding law enforcement officers not be made publicly available on
717		-	the Internet, but instead kept in a secure location at a county
718		-	treasurer’s office where it may be made available to the authorized
719		-	persons pursuant to l aw.
720		-	B. For purposes of this section, “personal information ” shall
721		-	mean:
722		-	1. The home address of a person;
723		-	2. The home address of the spouse, domestic partner or minor
724		-	child of a person; and
725		-	3. Any telephone number or electronic mail address of a person.
726		-	C. Any law enforcement official who wishes to have the personal
727		-	information of an officer that is contained in the records of a
728		-	county treasurer be kept confidential must obtain an order of a
729		-	court that requires the county treasurer to maintain the perso nal
730		-	information of the person or entity in a confidential manner. Such
731		-	an order must be based on a sworn affidavit by the law enforcement
732		-	official, which affidavit:
733		-
734		-	ENGR. S. B. NO. 858 Page 4 1
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759		-	1. States that the individual whose information is to be kept
760		-	confidential is an officer; and
761		-	2. Sets forth sufficient justification for the request for
762		-	confidentiality.
763		-	Upon receipt of such an order, a county treasurer shall keep
764		-	such information confidential and shall not disclose the
765		-	confidential information to anyone not specifically auth orized by
766		-	law to view the information, unless disclosure is specifically
767		-	authorized in writing by that person or the affiant. A county
768		-	treasurer shall not post such confidential information on the
769		-	Internet.
770		-	SECTION 5. AMENDATORY Section 1, Chapter 219, O.S.L.
771		-	2019 (68 O.S. Supp. 2020, Section 2899.1), is amended to read as
772		-	follows:
773		-	Section 2899.1. A. All law enforcement organizations in the
774		-	this state of Oklahoma shall be permitted to request to a county
775		-	assessor that personal i nformation regarding undercover or covert
776		-	law enforcement officers not be made publicly available on the
777		-	Internet, but instead kept in a secure location at a county
778		-	assessor’s office where it may be made available to authorized
779		-	persons pursuant to law.
780		-	B. For purposes of this section, “personal information” shall
781		-	mean:
782		-	1. The home address of a person;
783		-
784		-	ENGR. S. B. NO. 858 Page 5 1
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809		-	2. The home address of the spouse, domestic partner or minor
810		-	child of a person; and
811		-	3. Any telephone number or electronic mail address of a person.
812		-	C. Any law enforcement official who wishes to have the personal
813		-	information of an undercover or covert officer that is contained in
814		-	the records of a county assessor be kept confidential must obtain an
815		-	order of a court that requires the county assessor to mainta in the
816		-	personal information of the person or entity in a confidential
817		-	manner. Such an order must be based on a sworn affidavit by the law
818		-	enforcement official, which affidavit:
819		-	1. States that the individual whose information is to be kept
820		-	confidential is an undercover or covert officer; and
821		-	2. Sets forth sufficient justification for the request for
822		-	confidentiality.
823		-	Upon receipt of such an order, a county assessor shall keep such
824		-	information confidential and shall not disclose the confidential
825		-	information to anyone not specifically authorized by law to view the
826		-	information, unless disclosure is specifically authorized in writing
827		-	by that person or the affiant. A county assessor shall not post
828		-	such confidential information on the Internet.
829		-	SECTION 6. This act shall become effective November 1, 2021.
830		-
831		-	ENGR. S. B. NO. 858 Page 6 1
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856		-	Passed the Senate the 4th day of March, 2021.
857		-
858		-
859		-
860		-	Presiding Officer of the Senate
861		-
862		-
863		-	Passed the House of Representatives the ____ day of __________,
864		-	2021.
865		-
866		-
867		-
868		-	Presiding Officer of the House
869		-	of Representatives
870		-
871		-
	522	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AN D MUNICIPAL GOVERNMENT,
	523	+	dated 04/07/2021 - DO PASS, As Amended.