Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB2258 Comm Sub / Bill

Filed 03/03/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 2258 	By: Miller 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to statutes and reports; enacting the 
Uniform Electronic Legal Material Act; defining 
terms; providing for applicability of act; imposing 
duties on publishers of certain materials; 
authorizing certain designation; providing for 
authentication of legal materials; providing for 
presumption; specifying burden of proof; prescribing 
requirements for preservation of materials; providing 
for reasonable public access; prescribing 
considerations; providing for uniformity; designating 
effect of act upon certain enactments; 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 31 .1 of Title 75, unless there 
is created a duplication in numbering, reads as follows: 
This act shall be known and may be cited as the "Uniform 
Electronic Legal Material Act ". 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3 1.2 of Title 75, unless there 
is created a duplication i n numbering, reads as follows:   
 
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As used in this act: 
1.  "Electronic" means relating to technology having electrical, 
digital, magnetic, wireless, optical, electromagnetic, or similar 
capabilities; 
2.  "Legal material" means, whether or not in effect: 
a. the Oklahoma Session Laws, 
b. the Oklahoma Administrative Code, 
c. the Oklahoma Register, 
d. a state agency rule that has or had the effect of law , 
or 
e. the following categories of state administrative 
agency decisions: 
(1) precedential decisions of the Okl ahoma Tax 
Commission, 
(2) precedential decisions of the Oklahoma 
Corporation Commission, 
(3) precedential decisions of any other agency, 
board, commission, department or other entity of 
state government, 
f. reported decisions of the following state courts: 
(1) the Oklahoma Supreme Court, 
(2) the Oklahoma Court of Criminal Appeals,   
 
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(3) the Court of Civil Appeals if released for 
publication by order of the Oklahoma Supreme 
Court, 
(4) the Court on the Judiciary, 
g. state court rules, or 
h. official opinions of the Attorney General; 
3.  "Official publisher" means: 
a. for the Constitution of the State of Oklahoma, the 
Oklahoma Secretary of State, 
b. for the Oklahoma Session Laws, the Oklahoma Secretary 
of State, 
c. for the Oklahoma Administrative Code, the Office of 
Administrative Rules within the Office of the Oklahoma 
Secretary of State, 
d. for reported decisions of state courts, the Oklahoma 
Supreme Court, 
e. for state court rules, the Oklahoma Supreme Court, 
f. for the precedential decisions of the Oklahoma Ta x 
Commission, the Oklahoma Tax Commission, and 
g. for the precedential decisions of the Oklahoma 
Corporation Commission, the Oklahoma Secretary of 
State;   
 
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4.  "Publish" means to display, present, or release to the 
public, or cause to be displayed, presented , or released to the 
public, by the official publisher; 
5.  "Record" means information that is inscribed on a tangible 
medium or that is stored in an electronic or other medium and is 
retrievable in perceivable form; and 
6.  "State" means a state of the Un ited States, the District of 
Columbia, Puerto Rico, the United States Virgin Islands, or any 
territory or insular possession subject to the jurisdiction of the 
United States. 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 31.3 of Title 75, unless there 
is created a duplication in numbering, reads as follows: 
This act applies to all legal material in an electronic record 
that is designated as official under Section 4 of this act and first 
published electronically on or after the effective date of this act. 
SECTION 4.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3 1.4 of Title 75, unless there 
is created a duplication in numbering, read s as follows: 
A.  If an official publisher publishes legal material only in an 
electronic record, the publisher shall: 
1.  Designate the electronic record as official; and 
2.  Comply with Sections 5, 7, and 8 of this act.   
 
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B.  An official publisher that pub lishes legal material in an 
electronic record and also publishes the material in a record other 
than an electronic record may designate the electronic record as 
official if the publisher complies with Sections 5, 7, and 8 of this 
act. 
SECTION 5.     NEW LAW    A new section of law to be codified 
in the Oklahoma Statutes as Section 3 1.5 of Title 75, unless there 
is created a duplication in numbering, reads as follows: 
An official publisher of legal material in an electronic record 
that is designated as official under Section 4 of this act shall 
authenticate the record. To authenticate an electronic record, the 
publisher shall provide a method for a user to determine that the 
record received by the user from the publisher is unaltered from th e 
official record published by the publisher. 
SECTION 6.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3 1.6 of Title 75, unless there 
is created a duplication in numbering, reads as follows: 
A.  Legal material in an electronic record that is authenticated 
under Section 5 of this act is presumed to be an accurate copy of 
the legal material. 
B.  If another state has adopted a law substantially similar to 
this act, legal material in an electronic record that is designated 
as official and authenticated by the official publisher in that 
state is presumed to be an accurate copy of the legal material.   
 
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C.  A party contesting the authentication of legal material in 
an electronic record authenticated under Sect ion 5 of this act has 
the burden of proving by a preponderance of the evidence that the 
record is not authentic. 
SECTION 7.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3 1.7 of Title 75, unless the re 
is created a duplication in numbering, reads as follows: 
A.  An official publisher of legal material in an electronic 
record that is or was designated as official under Section 4 of this 
act shall provide for the preservation and security of the record in 
an electronic form or a form that is not electronic. 
B.  If legal material is preserved under subsection A of this 
section in an electronic record, the official publisher shall: 
1.  Ensure the integrity of the record; 
2.  Provide for backup and disaster recovery of the record; and 
3.  Ensure the continuing usability of the material. 
SECTION 8.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3 1.8 of Title 75, unless there 
is created a duplication in numbering, reads as follows: 
An official publisher of legal material in an electronic record 
that is required to be preserved under Section 7 of this act shall 
ensure that the material is reasonably available for use by the 
public on a permanent basis.   
 
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SECTION 9.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 3 1.9 of Title 75, unless there 
is created a duplication in numbering, reads as follows: 
In implementing this act, an official publisher of legal 
material in an electronic record shall consider: 
1.  Standards and practices of other jurisdictions; 
2.  The most recent standards regarding authentication of, 
preservation and security of, and public access to, legal material 
in an electronic record and other electronic records, as promulgated 
by national standard -setting bodies; 
3.  The needs of users of legal material in an electronic 
record; 
4.  The views of governmental officials and entities and other 
interested persons; and 
5.  To the extent practic able, methods and technologies for the 
authentication of, preservation and security of, and public access 
to, legal material which are compatible with the methods and 
technologies used by other official publishers in this state and in 
other states that hav e adopted a law substantially similar to this 
act. 
SECTION 10.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 31.10 of Title 75, unless there 
is created a duplication in numbering, reads as follows:   
 
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In applying and construing this uniform act, consideration must 
be given to the need to promote uniformity of the law with respect 
to its subject matter among states that enact it. 
SECTION 11.     NEW LAW     A new section of law to be codifi ed 
in the Oklahoma Statutes as Section 31.11 of Title 75, unless there 
is created a duplication in numbering, reads as follows: 
This act modifies, limits, and supersedes the Electronic 
Signatures in Global and National Commerce Act, 15 U.S.C. , Section 
7001 et seq., but does not modify, limit, or supersede Section 
101(c) of that act, 15 U.S.C. , Section 7001(c), or authorize 
electronic delivery of any of the notices described in Section 
103(b) of that act, 15 U.S.C. , Section 7003(b). 
SECTION 12.  This act shall become effective January 1, 2026. 
 
60-1-13023 JBH 02/27/25