Req. No. 1390 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 646 By: Paxton AS INTRODUCED An Act relating to federal officials; creating the Oklahoma Federal Officials Security Act of 2025; providing short title; defining terms ; establishing notice system for certain federal officials; prohibiting state agencies from publicly posting certain information; stating exceptions; authorizing Director of the Office of Management and Enterprise Services to make certain notice; describin g procedure for certain notice; allowing for certain delegation; providing for certain alternative to individual notice; directing the Director of the Office of Management and Enterprise Services to submit certain report; prohibiting certain acts with resp ect to certain information with certain exceptions; prohibiting certain activities with certain exceptions; providing certain time requirement for removal of certain information; prohibiting certain transfer of information with certain exceptions; creating a right of action for certain individuals; providing penalty for violations; clarifying scope of act; 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 401 of Title 51, unless there is created a duplication in numbering, reads as follows: Req. No. 1390 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 This act shall be known and may be cited as the “Oklahoma Federal Officials Security Act of 2025”. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 402 of Title 51, unless there is created a duplication in numbering, reads as follows: As used in this act: 1. “Commercial entity” means any corporation, partnership, limited partnership, proprietorship, sole proprietorship, firm, enterprise, franchise, or association engaged in the buying or selling of goods or services for profit; 2. “Covered information” means: a. a home address, including the primary residence or secondary residence of a federal official, b. a home or personal mobile telephone number, or the direct telephone number of a government -issued cell phone or private extension in the chambers of a federal official, c. a personal email address of a federal official, d. the Social Security number, driver license number, or home address displayed on voter registration information of a federal official, e. the bank account or credit or debit card information of a federal official, Req. No. 1390 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 f. the home or other address displayed on property tax records or held by a federal, state, or local government agency of a federal official, including any secondary residence and any investment property at which a federal official resides for part of a year, g. a license plate number or home address displayed on vehicle registration information of a federal official, h. the identification of children under eighteen (18) years of age of a federal official or any child under twenty-six (26) years of age whose permanent residence is the home of the federal official, i. the full date of birth, j. a photograph of any vehicle that legibly displays the license plate or a photograph of a residence that legibly displays the address of the residence of a federal official, k. the name and address of a school or day care facility attended by the immediate family of a federal official, l. the name and address of an employer of the immediate family of a federal official, or Req. No. 1390 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 m. the name and address of a plac e of worship the federal official or immediate family of a federal official attends; 3. “Federal official” means any current federally elected official of the state; 4. “Immediate family” means a spouse, child, or parent of a federal official or any other familial relative of a federal official whose permanent residence is the same as the federal official’s; 5. “Social media” means any online electronic medium or a live chat system that: a. primarily serves as a medium for users to interact with content generated by other third -party users of the medium, b. enables users to create accounts or profiles specific to the medium or to import profiles from another medium, and c. enables one or more users to generate content that can be viewed by other third -party users of the medium; 6. “State agency” means: a. an executive agency, as defined by Oklahoma Statute s, b. any county, local, or municipal governing body, or regulatory body, and Req. No. 1390 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. any state agency in the judicial branch or legislative branch; and 7. “Transfer” means to sell, license, trade, or exchange for consideration the co vered information of a federal official or his or her immediate family. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 403 of Title 51, unless there is created a duplication in numbering, reads as follows: A. Each federal official may: 1. File written notice of the status of the individual as a federal official, for himself or herself and for the federal official’s immediate family, with each state agency that includes information necessary to ensure compliance with this section; and 2. Request that each state agency, as defined in Section 2 of this act, mark as private the federal official’s covered information and that of his or her immediate family. B. State agencies shall not publicly post or publicly display content that includes covered information of a federal official or his or her immediate family. State agencies, upon receipt of a written request unde r paragraph 1 of subsection A of this section, shall remove the covered inform ation of the federal official or his or her immediate family from publicly available content not later than seventy-two (72) hours after such receipt. Req. No. 1390 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Nothing in this section shall prohibit a state agency from providing access to records containing the covered information of a federal official to a third party if the third party : 1. Possesses a signed release from the federal official or a lawful court order; 2. Is subject to the requirements of Title V of the federal Gramm-Leach-Bliley Act, 15 U.S.C. , Section 6802 et seq.; or 3. Executes a confidentiality agreement with the state agency. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 404 of Title 51, unless there is created a duplication in numbering, reads as follows: A. Upon written request of a federal official, the Director of the Office of Management and Enterprise Services is authorized to make any notice or request required or authorized by this act on behalf of the federal official. The notice or request shall include information necessary to ensure compliance with this act. The Director may delegate this authority to an appropriate state agency. Any notice or request made under this act shall be deemed to have been made by the federal official and comply with the notice and request requirements of this act. B. In lieu of individual notices or requests, the Director of the Office of Management and Enterprise Services may provide state agencies, county and municipal governme nts, commercial entit ies, persons, businesses, or associations with a list of federal Req. No. 1390 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 officials and their immediate family that includes information necessary to ensure complianc e with this act, as determined by the Director for the purpose of maintaining compliance with this act. Such list shall be deemed to comply with individual notice and request requirements of this act. SECTION 5. NEW LAW A new secti on of law to be codified in the Oklahoma Statutes as Section 405 of Title 51, unless there is created a duplication in numbering, reads as follows: Not later than one (1) year after the effective date of this act, and biennially thereafter, the Director of the Office of Management and Enterprise Services shall submit to the Legislature an annual report that includes: 1. A detailed amount spent by the state and local governments on protecting federal officials’ covered information; 2. Where the federal officials’ covered information was found; and 3. The collection of any new types of personal data found to be used to identify federal officials who have received threats, including prior home addresses, employers, and institutional affiliations such as nonp rofit boards. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 406 of Title 51, unless there is created a duplication in numbering, reads as follows: Req. No. 1390 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Except as provided in subsection B o f this section, no person, business, or association shall publicly post or pub licly display on the Internet covered information of a federal official or his or her immediate family if the federal official has made a written request to that person, business , or association to not disclose the covered information of the federal official or his or her immediate family. B. Subsection A of this section shall not apply to: 1. Covered information that the federal official or his or her immediate family voluntari ly publishes on the Internet after the effective date of this act; or 2. Covered information lawfully received from a state government source or from an employee or agent of the state government. C. After receiving a written request under this section, t he person, business, or association shall remove within seventy -two (72) hours the covered information from the Internet and ensure that the information is not made available on any publicly available website controlled by that person, business, or associa tion, and ensure that the covered information of the federal official or his or her immediate family is not made available on any publicly available website controlled by that person, business, or association. D. This section shall not apply to: Req. No. 1390 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Covered information that the federal official or immediate family voluntarily publishes on the Internet after the effective date of this act; or 2. A transfer made at the request of the federal official or that is necessary to effectuate a request to the perso n, business, or association from the federal official. SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 407 of Title 51, unless there is created a duplication in numbering, reads as follows: A. A federal official or his or her immediate family whose covered information is made public as a result of a violation of this act may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the costs and reasonable attorney fees of the federal official or his or her immediate family, as applicable. B. If a person, business, or association knowingly violates an order granting injunctive or declaratory relief under subsection A of this section, the court issuing such order may: 1. If the person, business, or association is a government agency: a. impose a fine not grea ter than Four Thousand Dollars ($4,000.00), and Req. No. 1390 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. award to the federal official or his or her immediate family, as applicable, court costs and reasonable attorney fees; and 2. If the person, business, or association is not a government agency, award to the federal official or his or her immediate family, as applicable: a. an amount equal to the actual damages sustained by the federal official or his or her immediate family, and b. court costs and reasonable attorney fees. SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sect ion 408 of Title 51, unless there is created a duplication in numbering, reads as follows: A. Nothing in this act shall be construed: 1. To prohibit, restrain, or limit the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by a federal official or his or her immediate family; 2. To limit the publication or transfer of covered information that the federal official or his or her immediate family member voluntarily publishes on the Internet after the effective date of this act; or 3. To prohibit information -sharing by a commercial entity to a federal, state, tribal, or local government, or any unit thereof. Req. No. 1390 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. This act shall be broadly construed to favor the protection of the covered information of federal officials and their immediate families. SECTION 9. This act shall become effective November 1, 2025. 60-1-1390 MSBB 1/14/2025 2:53:35 PM