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