ENGROSSED SENATE
BILL NO. 511	By:	Russell, Bass and Garrison of the Senate

			and

		Christian of the House

An Act relating to disclosure of personal information; stating legislative findings; prohibiting publication of certain records under specified circumstances; requiring specified information for certain letter; directing maintenance of certain list; requiring removal of certain records within certain time period under specified circumstances; authorizing certain action; allowing certain relief; authorizing award of certain costs and fees; authorizing imposition of fine for certain violation; defining terms; construing provisions; 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 301 of Title 19, unless there is created a duplication in numbering, reads as follows:
A.  The Legislature finds that the safety of law enforcement officials, elected or appointed, and staff or personnel is at an increasing risk due to personal information, including but not limited to home addresses with maps, being accessible on the internet.
B.  Upon receipt of a certified letter or other document, the County Clerk and County Assessor shall not publish or make available the home address of an elected or appointed law enforcement official or a member of the official’s staff or personnel in an internet or online format.  Such letter or document shall be on agency letterhead stating:
1.  The legal and physical home address of the law enforcement official, staff or personnel;
2.  A statement of the exemption claimed; and
3.  Except for judges, a certification from the agency director or official that the individual is an employee of that agency.
C.  A list of the law enforcement address internet exemptions claimed shall be maintained by the chief judge of the district court of the county where the property is located.
D.  Any person, business, governmental entity or association that receives the written demand of an elected or appointed official or a member of the official’s staff or personnel pursuant to this section shall remove the official’s home address or telephone number from public display on the Internet within forty-eight (48) hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Web site, subsidiary site, or any other Internet Web site maintained by the recipient.
E.  A law enforcement official or members of the official’s staff or personnel whose home address is made public as a result of a violation of subsection D of this section may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction.  If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney fees.  The court may impose a fine not to exceed One Thousand Dollars ($1,000.00) for a violation of the court’s order for an injunction or declarative relief obtained pursuant to this paragraph.
F.  As used in this section:
1.  “Law Enforcement Official” shall include:
a.	an employee of a police department, sheriff’s office or state or federal law enforcement agency,
b.	a municipal, district, state or federal judge,
c.	an employee of the attorney general or district attorneys office, a municipal prosecutor or an employee of the U.S. Attorney’s office, or
d.	an investigator of a state agency that is CLEET certified and a state agency director that employees CLEET certified officers as investigators and is required as a part of their duties to enforce Oklahoma laws.
2.  “Home address” means the location where the official resides and has a homestead exemption filed and a secondary residence in which:
a.	the title is in the law enforcement official’s name, or
b.	the official has children under the age of 18 living.
G.  Nothing in this act shall be construed as to affect actual documents maintained in the courthouse or assessor’s office in the county where the property is located.
SECTION 2.  This act shall become effective November 1, 2011.
Passed the Senate the 14th day of March, 2011.

	
Presiding Officer 	of the Senate

Passed the House of Representatives the ____ day of __________, 2011.

	
Presiding Officer of the House
	of Representatives