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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2258 By: Miller of the House
COMMITTEE SUBSTITUTE
An Act relating to statutes and reports; ena cting 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 unif ormity; 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".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 31.2 of Title 75, unless there
is created a duplication in numbering, reads as follows:
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 administrativ e
agency decisions:
(1) precedential decisions of the Oklahoma 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,
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(2) the Oklahoma Court of Criminal Appeals,
(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 court s, the Oklahoma
Supreme Court,
e. for state court rules, the Oklahoma Supreme Co urt,
f. for the precedential decisions of the Oklahoma Tax
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 r elease 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 United 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 follow s:
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 31.4 of Title 75, unless there
is created a duplication in numbering, reads 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 publishes 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 wit h 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 31.5 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 the
official record published by the publisher.
SECTION 6. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 31.6 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 si milar 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 Section 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 31.7 of Title 75, unless there
is created a duplication in numbering, reads as follows:
A. An official publisher of legal material in an electroni c
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 31 .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 31.9 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 publ ic 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 an d other
interested persons; and
5. To the extent practicable, 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 offic ial publishers in this state and in
other states that have adopted a law substantially similar to this
act.
SECTION 10. NEW LAW A new section of law to b e 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 codified
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.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 03/03/2025 - DO PASS, As Amended.