1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3643 By: Boatman
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6 AS INTRODUCED
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7 An Act relating to records; amending 67 O.S. 2021,
7 Sections 203, 206, 211, 301, 306, and 317, which
8 relate to record-keeping activities; adding
8 punctuation; modifying exempt groups; changing
9 procedures for destruction of nonrecord materials;
9 modifying storage procedures for original media;
10 updating citations; clarifying record disposition
10 methods; modifying definitions; repealing 67 O.S.
11 2021, Section 312, which relates to microfilm
11 maintenance and supplies; and providing an effective
12 date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 67 O.S. 2021, Section 203, is
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17 amended to read as follows:
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18 Section 203. As used in the Records Management Act, Section 201
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19 et seq. of this title:
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20 (a) "Record" means document, book, paper, photograph,
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21 microfilm, computer tape, disk, record, sound recording, film
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22 recording, video record or other material, regardless of physical
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23 form or characteristics, made or received pursuant to law or
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24 ordinance or in connection with the transaction of official
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 1 business, the expenditure of public funds, or the administration of
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2 public property. Library and museum material made or acquired and
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3 preserved solely for reference or exhibition purposes and stocks of
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4 publications are not included within the definition of records as
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5 used in this act.
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6 (b) "State record" means:
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7 (1) A record of a department, office, commission, board,
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8 authority or other agency, however designated, of the state
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9 government.
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10 (2) A record of the State Legislature.
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11 (3) A record of the Supreme Court, the Court of Criminal
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12 Appeals or any other court of record, whether of statewide or local
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13 jurisdiction.
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14 (4) Any other record designated or treated as a state record
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15 under state law.
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16 (c) "Local record" means a record of a county, city, town,
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17 village, township, district, authority or any public corporation or
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18 political entity whether organized and existing under charter or
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19 under general law unless the record is designated or treated as a
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20 state record under state law.
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21 (d) "Agency" means any department, office, commission, board,
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22 authority or other unit, however designated, of the state
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23 government.
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 1 (e) "Essential record" means a state or local record necessary
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2 to the operation of government during an emergency created by a
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3 disaster, or necessary to protect the rights and interests of
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4 persons or to establish and affirm powers and duties of governments
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5 in the resumption of operations after a disaster.
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6 (f) "Disaster" means any occurrence of fire, flood, storm,
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7 earthquake, tornado, explosion, epidemic, riot, sabotage, or other
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8 condition of extreme peril resulting in substantial damage or injury
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9 to persons or property within this state, whether such occurrence is
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10 caused by an act of nature or by persons, including an enemy of the
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11 United States.
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12 (g) "Preservation duplicate" means a copy of an essential
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13 record used for preservation purposes pursuant to the Records
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14 Management Act.
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15 SECTION 2. AMENDATORY 67 O.S. 2021, Section 206, is
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16 amended to read as follows:
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17 Section 206. A. The head of each agency shall:
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18 1. Establish and maintain an active, continuing program for the
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19 economical and efficient management of the records of the agency;
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20 2. Make and maintain records containing adequate and proper
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21 documentation of the organization, functions, policies, decisions,
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22 procedures and essential transactions of the agency designed to
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23 furnish information to protect the legal and financial rights of the
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24 state and of persons directly affected by the agency's activities;
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 1 3. Submit to the State Records Administrator, in accordance
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2 with the standards established by the Administrator, schedules
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3 proposing the length of time each state record series warrants
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4 retention for administrative, legal or fiscal purposes after it has
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5 been created or received by the agency. The head of each agency
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6 also shall submit lists of state records in the custody of the head
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7 of the agency that are not needed in the transaction of current
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8 business and that do not have sufficient administrative, legal or
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9 fiscal value to warrant their further keeping for disposal in
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10 conformity with the requirements of Section 210 of this title;
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11 4. Cooperate with the Administrator in the conduct of surveys
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12 made by the Administrator pursuant to the provisions of this act;
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13 and
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14 5. Comply with the rules, regulations, standards and procedures
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15 issued by the Administrator.
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16 B. Confidential health, life, disability and dental claims or
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17 related files of the State and Education Employees Group Insurance
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18 Program Employees Group Insurance Division of the Office of
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19 Management and Enterprise Services shall be exempt from this act.
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20 SECTION 3. AMENDATORY 67 O.S. 2021, Section 211, is
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21 amended to read as follows:
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22 Section 211. Nonrecord materials or materials not included
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23 within the definition of records as contained in this act may, if
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24 not otherwise prohibited by law, be destroyed at any time by the
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 1 agency in possession of such materials with without the prior
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2 approval of the Administrator. The Administrator may formulate
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3 procedures and interpretation to guide in the disposition of
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4 nonrecord materials.
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5 SECTION 4. AMENDATORY 67 O.S. 2021, Section 301, is
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6 amended to read as follows:
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7 Section 301. A. 1. Any public officer of the state or any
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8 county, public trust, authority or agency, city, municipality,
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9 district or legal subdivision thereof, may cause any or all records,
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10 papers or documents kept by him or her to be photographed,
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11 microphotographed, reproduced on film, or duplicated in a manner
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12 acceptable to the State Archives and Records Commission. The
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13 custodian of the records may permit any record to be removed from
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14 his or her office for the purpose of photographic filming or other
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15 duplication, and his or her responsibility for their care and return
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16 shall continue during the times of their removal from the area
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17 controlled by the custodian of the records during photographic or
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18 duplication processes. The custodian of the records shall, before
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19 delivering any records for photographing, duplication or
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20 microphotographing, make a complete catalog list of the records to
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21 be filmed and retain the same until the records are returned. He or
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22 she may require a bond, and shall require written receipt
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23 identifying each record removed from his or her custody. Such
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24 photographic film shall comply with the minimum standards of quality
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 1 for film, processing, and storage of permanent photographic records
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2 promulgated by the Archives and Records Commission. Any other media
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3 containing duplicates of records shall comply with standards
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4 promulgated by the Archives and Records Commission. The device used
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5 to reproduce such records on such film or other media shall
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6 accurately reproduce the original thereof in all details. Such
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7 photographs, microphotographs, photographic film or other duplicates
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8 shall be deemed to be original records for all purposes, including
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9 introduction in evidence in all courts or administrative agencies.
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10 A transcript, exemplification, or certified copy thereof, for all
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11 purposes recited herein, shall be deemed to be a transcript,
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12 exemplification, or certified copy of the original.
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13 2. The original photographs, microphotographs, film or other
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14 media containing duplicate records shall be stored in a maximum
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15 security vault secure location and only be removed therefrom for the
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16 purpose of making copies thereof as the custodian of the records may
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17 require. At the election of the custodian of the records, however,
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18 the master negative or copy may, immediately upon being made, be
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19 deposited with the Oklahoma Department of Libraries which shall
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20 retain it in a maximum security vault secure location and furnish
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21 such copies thereof as may be required for the purposes of the
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22 custodian of the records. The cost of any photographic,
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23 microphotographic, reproduction or filming service requested by and
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24 furnished to a state agency or subdivision of government shall be
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 1 paid to the Department of Libraries rendered on the basis of fee
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2 schedules established by the Archives and Records Commission.
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3 3. A copy of such photographs, microphotographs, reproductions
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4 on film or other duplicates properly certified and cataloged shall
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5 be placed in conveniently accessible files and provisions made for
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6 preserving, examining and using the same, including reproduction of
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7 same. There shall be available for use by the public at least two
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8 devices for viewing, and at least one of said devices shall provide
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9 for reproducing the photographic or other duplicate records. Such
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10 copies shall be certified by their custodian as true copies of the
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11 originals, and the copies so certified shall have the same force and
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12 effect as the originals. A statement in writing describing the
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13 record and certifying it to be a true copy, and attached securely to
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14 the reproduction, will be deemed a sufficient certification. Any
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15 viewing devices in use at the time of the passage of this act may
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16 continue to be used, although such device does not provide a
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17 reproducing system.
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18 B. The provisions of this section shall not affect and are
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19 cumulative to the provisions of the Records Management Act, Section
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20 201 et seq. of this title and Sections 564 305 through 576 317 of
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21 Title 74 of the Oklahoma Statutes this title.
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22 SECTION 5. AMENDATORY 67 O.S. 2021, Section 306, is
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23 amended to read as follows:
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 1 Section 306. Every state officer and the heads of all
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2 departments, boards, commissions, agencies and institutions of the
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3 State of Oklahoma who have in their custody public records and
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4 archives deemed by them to be unnecessary for the transaction of the
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5 business of their offices shall consult with the State Librarian for
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6 the purpose of determining if such records and archives are desired
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7 for deposit in the archives division of the Oklahoma State Library.
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8 Upon certification by the State Librarian that such records and
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9 archives are or are not desired for such purpose, then such
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10 custodian shall, in conformity with such determination, apply to the
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11 Archives and Records Commission for authorization to destroy or
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12 transfer such records and archives to the Oklahoma State Library as
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13 hereinafter provided. Upon the filing of such application the
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14 Commission shall have authority to authorize or direct the
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15 disposition of such records and archives by any one or more of the
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16 following methods:
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17 1. By destruction; provided that, the Commission shall not
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18 authorize destruction of records and archives less than five (5)
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19 years old except upon a showing of good cause by the agency or the
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20 Archives and Records Division of the Oklahoma Department of
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21 Libraries and a unanimous vote of the members of the Commission, or
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22 their designees, present.
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23 2. By transfer to the custody and control of the Oklahoma State
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24 Library and there retained. The State Librarian may, in his or her
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 1 discretion, microfilm digitize such records and archives, especially
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2 if so doing would aid in the preservation of their contents.
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3 3. By transfer to the Oklahoma State Library with authorization
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4 to the State Librarian to microfilm digitize said records and
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5 archives and upon the completion of this process to destroy said
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6 records and archives in accordance with the order of the Commission.
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7 Records and archives transferred to the Oklahoma State Library
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8 shall never be returned to their former custody except by order of
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9 the Commission and written consent of the State Librarian.
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10 SECTION 6. AMENDATORY 67 O.S. 2021, Section 317, is
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11 amended to read as follows:
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12 Section 317. As used in this resolution unless the context
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13 otherwise requires:
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14 1. Secretary of the Archives and Records Commission means and
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15 refers to that office created under the terms of Title 74 O.S.1951,
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16 Section 564 and following Section 204 of this title, and to the
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17 powers, privileges, and duties assigned that office under such
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18 statutes.
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19 2. The Archives and Records Commission means and refers to that
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20 Commission created under the terms of Title 74 O.S.1951, Section 564
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21 Section 305 of this title, and to the powers, privileges, and duties
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22 assigned such Commission under such statutes.
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23 3. The phrase "dead storage files" refers to and includes all
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24 rooms, storehouses, warehouses, floor space, office space, files,
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 1 filing cabinets, vaults, and other places in which are stored, kept,
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2 maintained, or otherwise held documents, papers, records, and
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3 archives not in actual use which belong to, or are in the custody
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4 of, any agency, authority, board, commission, department,
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5 institution, instrumentality, office, officer, official, or society
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6 of the State of Oklahoma. To be in actual usage such documents,
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7 papers, records, and archives must be in continual demand for
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8 immediate reference purposes, for actual use in the day-to-day work
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9 required of any agency, authority, board, commission, department,
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10 institution, instrumentality, office, officer, official, or society
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11 of the State of Oklahoma in their principal offices or places of
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12 business. Any documents, papers, records, and archives not in such
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13 continual usage are to be considered dead storage files.
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14 SECTION 7. REPEALER 67 O.S. 2021, Section 312, is hereby
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15 repealed.
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16 SECTION 8. This act shall become effective November 1, 2024.
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18 59-2-9842 SW 01/17/24
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Statutes affected:
Introduced: 67-312
House Committee Substitute: 67-312
Floor (House): 67-312
Floor (Senate): 67-312
Engrossed: 67-312
Enrolled (final version): 67-312