ENGROSSED SENATE
BILL NO. 483 	By:	Jolley and Lamb of the Senate

			and

		Terrill of the House

An Act relating to public safety; amending 47 O.S. 2001, Section 2-110, as last amended by Section 1, Chapter 199, O.S.L. 2005 (47 O.S. Supp. 2008, Section 2-110), which relates to the release of records by the Department of Public Safety; directing the Department of Public Safety to establish procedures for access to computerized images; prohibiting use of images by certain persons; establishing consequences for unintended use; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 2-110, as last amended by Section 1, Chapter 199, O.S.L. 2005 (47 O.S. Supp. 2008, Section 2-110), is amended to read as follows:
Section 2-110.  A.  Officers and employees of the Department of Public Safety designated by the Commissioner of Public Safety, for the purpose of administering the motor vehicle laws, are authorized to administer oaths and acknowledge signatures and shall do so without fee.
B.  The Commissioner and such officers of the Department as the Commissioner may designate are hereby authorized to prepare under the seal of the Department and deliver upon request a certified copy of any record of the Department, charging a fee of Three Dollars ($3.00) for each record so certified, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof.  A certification fee shall be charged:
1.  Only if the person requesting the record specifically requests that the record be certified; and
2.  In addition to the copying and reproduction fees provided by the Oklahoma Open Records Act or any other applicable law.
C.  The Commissioner and any other officers of the Department as the Commissioner may designate are hereby authorized to provide a copy of any record required to be maintained by the Department at no charge to any of the following government agencies when requested in the performance of official governmental duties:
1.  The driver license agency of any other state;
2.  Any court, district attorney or municipal prosecutor in this state or any other state;
3.  Any law enforcement agency in this state or any other state or any federal agency empowered by law to make arrests for public offenses;
4.  Any public school district in this state for purposes of verifying the driving record of a currently employed school bus driver or person making application for employment as a school bus driver; or
5.  Any state agency in this state.
D.  Any record required to be maintained by the Department may be released to any other entity free of charge when the release of the record would be for the benefit of the public, as determined by the Commissioner or a designee of the Commissioner.
E.  The following records shall be provided by the Department to any authorized recipient, pursuant to the provisions of the Driver’s Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, upon payment of the appropriate fees for the records:
1.  A Motor Vehicle Report, as defined in Section 6-117 of this title; and
2.  A copy of any driving record related to the Motor Vehicle Report.
F.  1.  The provisions of subsections B, D, and E of this section and the Open Records Act shall not apply to the release of personal information from any driving record of any person.  Such personal information shall be confidential except as provided for in this subsection or in the provisions of the Driver’s Privacy Protection Act, 18 United States Code, Sections 2721 through 2725.
2.  Upon written request to the Commissioner of Public Safety by a law enforcement agency or another state’s or country’s driver licensing agency for personal information on a specific individual, as named or otherwise identified in the written request, to be used in the official capacity of the agency, the Commissioner may release such personal information to the agency pursuant to the provisions of the Driver’s Privacy Protection Act, 18 United States Code, Sections 2721 through 2725.
3.  The Commissioner of Public Safety is authorized to establish procedures and enter into agreements with any other law enforcement agency of this state or political subdivision of this state for the purpose of providing direct electronic access to the photograph or image in computerized format of any person who has been issued a driver license or identification card by the Department of Public Safety.  The procedures and agreements shall ensure that:
a.	access to a photograph or image is for law enforcement purposes only and that each photograph or image accessed is provided only to law enforcement officers employed by the agency accessing the photograph or image,
b.	any person charged with access to or custody and dissemination of a photograph or image or in receipt of a photograph or image shall not divulge or disclose the photograph or image except for law enforcement purposes, and in all cases shall not give, transfer, or otherwise provide the photograph or image:
(1)	to any law enforcement agency or officer with whom the Department does not have an agreement for the access of photographs or images, or
(2)	to any other person not authorized to view or receive the photograph or image, and
c.	any person charged with access to a photograph or image shall not utilize such access for any reason other than official law enforcement purposes.
Any person violating the provisions of this paragraph shall, upon conviction, be deemed guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year.
2. 4.  For the purposes of this subsection, "personal information" means information which identifies a person, including but not limited to a photograph or image in computerized format of the person, fingerprint image in computerized format, signature or signature in computerized format, social security number, residence address, mailing address, and medical or disability information.
SECTION 2.  This act shall become effective November 1, 2009.
Passed the Senate the 5th day of March, 2009.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2009.

	
Presiding Officer	of the House
	of Representatives