ENGR. H. B. NO. 2258 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE
BILL NO. 2258 By: Miller of the House of the
House
and
Daniels of the Senate
[ statutes and reports - Uniform Electronic Legal
Material Act - publishers – designation -
authentication of legal materials – presumption -
burden of proof - requirements for preservation of
materials - public access – uniformity –
codification - 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 31.2 of Title 75, unless there
is created a duplication in numbering, reads as follows:
ENGR. H. B. NO. 2258 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 t he effect of law,
or
e. the following categories of state administrative
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,
(2) the Oklahoma Court of Criminal Appeals,
ENGR. H. B. NO. 2258 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(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. the Oklahoma Statutes ,
c. for the Oklahoma Session Laws, the Oklahoma Secretary
of State,
d. for the Oklahoma Administrative Code, the Office of
Administrative Rules within the Office of the Oklahoma
Secretary of State,
e. for reported decisio ns of state courts, the Oklahoma
Supreme Court,
f. for state court rules, the Oklahoma Supreme Court,
g. for the precedential decisions of the Oklahoma Tax
Commission, the Oklahoma Tax Commission, and
h. for the precedential decisions of the Oklahoma
Corporation Commission, the Oklahoma Corporation
Commission;
ENGR. H. B. NO. 2258 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 ins cribed 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 numbe ring, 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 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.
ENGR. H. B. NO. 2258 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 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 a n 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 sec tion of law to be codified
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 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.
ENGR. H. B. NO. 2258 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 mat erial 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 s ubsection 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.
ENGR. H. B. NO. 2258 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statut es 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 jurisdictio ns;
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 use rs of legal material in an electronic
record;
4. The views of governmental officials and entities and 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 official publishers in this state and in
other states that have adopted a law substantially similar to this
act.
SECTION 10. NEW LAW A ne w 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:
ENGR. H. B. NO. 2258 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
In applying and construing this uniform act, consideration must
be given to the need to promote uni formity 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.
Passed the House of Representatives the 26th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate