Oklahoma 2025 Regular Session

Oklahoma House Bill HB2258 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2258 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2258 Page 1 1
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29		-	SENATE FLOOR VERSION
30		-	April 22, 2025
31		-	AS AMENDED
32		-
33	28		ENGROSSED HOUSE
34		-	BILL NO. 2258 By: Miller of the House
	29	+	BILL NO. 2258 By: Miller of the House of the
	30	+	House
35	31
36	32		and
37	33
38	34		Daniels of the Senate
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	41	+
43	42		[ statutes and reports - Uniform Electronic Legal
44	43		Material Act - publishers – designation -
45	44		authentication of legal materials – presumption -
46	45		burden of proof - requirements for preservation of
47		-	materials - public access – uniformity – ~~codification~~
48		-	- effective date ]
	46	+	materials - public access – uniformity –
	47	+	codification - effective date ]
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53	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54	53		SECTION 1. NEW LAW A new section of law to be codified
55	54		in the Oklahoma Statutes as Section 31.1 of Title 75, unless there
56	55		is created a duplication in numbering, reads as follows:
57	56		This act shall be known and may be cited as the "Uniform
58	57		Electronic Legal Material Act".
59	58		SECTION 2. NEW LAW A new section of law to be codified
60	59		in the Oklahoma Statutes as Section 31.2 of Title 75, unless there
61	60		is created a duplication in numbering, reads as follows:
62		-	As used in this act:
63	61
64		-	SENATE FLOOR VERSION - HB2258 SFLR Page 2
65		-	(Bold face denotes Committee Amendments) 1
	62	+	ENGR. H. B. NO. 2258 Page 2 1
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	87	+	As used in this act:
90	88		1. "Electronic" means relating to technology having electrical,
91	89		digital, magnetic, wireless, optical, electromagnetic, or similar
92	90		capabilities;
93	91		2. "Legal material" means, whether or not in effect:
94	92		a. the Oklahoma Session Laws,
95		-	b. the Oklahoma Statutes,
96		-	c. the Oklahoma Administrative Code,
97		-	d. the Oklahoma Register,
98		-	e. a state agency rule that has or had the effect of law,
	93	+	b. the Oklahoma Administrative Code,
	94	+	c. the Oklahoma Register,
	95	+	d. a state agency rule that has or had t he effect of law,
99	96		or
100		-	f. the following categories of state administrative
	97	+	e. the following categories of state administrative
101	98		agency decisions:
102	99		(1) precedential decisions of the Oklahoma Tax
103	100		Commission,
104	101		(2) precedential decisions of the Oklahoma
105	102		Corporation Commission,
106	103		(3) precedential decisions of any other agency,
107	104		board, commission, department or other entity of
108		-	state government, or
109		-	g. official opinions of the Attorney General;
110		-	3. "Official publisher" means:
111		-	a. for the Constitution of the State of Ok lahoma, the
112		-	Oklahoma Secretary of State,
	105	+	state government,
	106	+	f. reported decisions of the following state courts:
	107	+	(1) the Oklahoma Supreme Court,
	108	+	(2) the Oklahoma Court of Criminal Appeals,
113	109
114		-	SENATE FLOOR VERSION - HB2258 SFLR Page 3
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	110	+	ENGR. H. B. NO. 2258 Page 3 1
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140		-	b. for the Oklahoma Session Laws, the Oklahoma Secretary
	135	+	(3) the Court of Civil Appeals if released for
	136	+	publication by order of the Oklahoma Supreme
	137	+	Court,
	138	+	(4) the Court on the Judiciary,
	139	+	g. state court rules, or
	140	+	h. official opinions of the Attorney General;
	141	+	3. "Official publisher" means:
	142	+	a. for the Constitution of the State of Oklahoma, the
	143	+	Oklahoma Secretary of State,
	144	+	b. the Oklahoma Statutes ,
	145	+	c. for the Oklahoma Session Laws, the Oklahoma Secretary
141	146		of State,
142		-	c. for the Oklahoma Administrative Code, the Office of
	147	+	d. for the Oklahoma Administrative Code, the Office of
143	148		Administrative Rules within the Office of the Oklahoma
144	149		Secretary of State,
145		-	d. for the precedential decisions of the Oklahoma Tax
	150	+	e. for reported decisio ns of state courts, the Oklahoma
	151	+	Supreme Court,
	152	+	f. for state court rules, the Oklahoma Supreme Court,
	153	+	g. for the precedential decisions of the Oklahoma Tax
146	154		Commission, the Oklahoma Tax Commission, and
147		-	e. for the precedential decisions of the Oklahoma
	155	+	h. for the precedential decisions of the Oklahoma
148	156		Corporation Commission, the Oklahoma Corporation
149	157		Commission;
150		-	4. "Publish" means to display, present, or release to the
151		-	public, or cause to be displayed, presented, or released to the
152		-	public, by the official publisher;
153		-	5. "Record" means information that is inscribed on a tangible
154		-	medium or that is stored in an electronic or other medium and is
155		-	retrievable in perceivable form; a nd
156		-	6. "State" means a state of the United States, the District of
157		-	Columbia, Puerto Rico, the United States Virgin Islands, or any
158		-	territory or insular possession subject to the jurisdiction of the
159		-	United States.
160		-	SECTION 3. NEW LAW A new section of law to be codified
161		-	in the Oklahoma Statutes as Section 31.3 of Title 75, unless there
162		-	is created a duplication in numbering, reads as follows:
163	158
164		-	SENATE FLOOR VERSION - HB2258 SFLR Page 4
165		-	(Bold face denotes Committee Amendments) 1
	159	+	ENGR. H. B. NO. 2258 Page 4 1
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	184	+	4. "Publish" means to display, present, or release to the
	185	+	public, or cause to be displayed, presented, or released to the
	186	+	public, by the official publisher;
	187	+	5. "Record" means information that is ins cribed on a tangible
	188	+	medium or that is stored in an electronic or other medium and is
	189	+	retrievable in perceivable form; and
	190	+	6. "State" means a state of the United States, the District of
	191	+	Columbia, Puerto Rico, the United States Virgin Islands, or any
	192	+	territory or insular possession subject to the jurisdiction of the
	193	+	United States.
	194	+	SECTION 3. NEW LAW A new section of law to be codified
	195	+	in the Oklahoma Statutes as Section 31.3 of Title 75, unless there
	196	+	is created a duplication in numbe ring, reads as follows:
190	197		This act applies to all legal material in an electronic record
191	198		that is designated as official under Section 4 of this act and first
192	199		published electronically on or after the effective date of this act.
193	200		SECTION 4. NEW LAW A new section of law to be codified
194	201		in the Oklahoma Statutes as Section 31.4 of Title 75, unless there
195	202		is created a duplication in numbering, reads as follows:
196	203		A. If an official publisher publishes legal material only in an
197	204		electronic record, the publisher shall:
198	205		1. Designate the electronic record as official; and
199	206		2. Comply with Sections 5, 7, and 8 of this act.
200		-	B. An official publisher that publishes legal material in an
201		-	electronic record and also publishes the material in a record other
202		-	than an electronic record may designate the electronic record as
203		-	official if the publisher complies with Sections 5, 7, an d 8 of this
204		-	act.
205		-	SECTION 5. NEW LAW A new section of law to be codified
206		-	in the Oklahoma Statutes as Section 31.5 of Title 75 , unless there
207		-	is created a duplication in numbering, reads as follows:
208		-	An official publisher of legal mater ial in an electronic record
209		-	that is designated as official under Section 4 of this act shall
210		-	authenticate the record. To authenticate an electronic record, the
211		-	publisher shall provide a method for a user to determine that the
212		-	record received by the user f rom the publisher is unaltered from the
213		-	official record published by the publisher.
214	207
215		-	SENATE FLOOR VERSION - HB2258 SFLR Page 5
216		-	(Bold face denotes Committee Amendments) 1
	208	+	ENGR. H. B. NO. 2258 Page 5 1
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	233	+	B. An official publisher that publishes legal material in an
	234	+	electronic record and also publishes the material in a record other
	235	+	than an electronic record may designate the electronic record as
	236	+	official if the publisher complies with Sections 5, 7, and 8 of this
	237	+	act.
	238	+	SECTION 5. NEW LAW A new section of law to be codified
	239	+	in the Oklahoma Statutes as Section 31.5 of Title 75, unless there
	240	+	is created a duplication in numbering, reads as follows:
	241	+	An official publisher of legal material in an electronic record
	242	+	that is designated as official under Section 4 of this act shall
	243	+	authenticate the record. To authenticate a n electronic record, the
	244	+	publisher shall provide a method for a user to determine that the
	245	+	record received by the user from the publisher is unaltered from the
	246	+	official record published by the publisher.
241	247		SECTION 6. NEW LAW A new sec tion of law to be codified
242	248		in the Oklahoma Statutes as Section 31.6 of Title 75, unless there
243	249		is created a duplication in numbering, reads as follows:
244	250		A. Legal material in an electronic record that is authenticated
245	251		under Section 5 of this act is presumed to be an accurate copy of
246	252		the legal material.
247	253		B. If another state has adopted a law substantially similar to
248	254		this act, legal material in an electronic record that is designated
249	255		as official and authenticated by the official publisher in that
250	256		state is presumed to be an accurate copy of the legal material.
251		-	C. A party contesting the authentication of legal material in
252		-	an electronic record authenticated under Section 5 of this act has
253		-	the burden of proving by a preponderance of the evidence that the
254		-	record is not authentic.
255		-	SECTION 7. NEW LAW A new section of law to be codified
256		-	in the Oklahoma Statutes a s Section 31.7 of Title 75, unless there
257		-	is created a duplication in numbering, reads as follows:
258		-	A. An official publisher of legal material in an electronic
259		-	record that is or was designated as official under Section 4 of this
260		-	act shall provide for the pr eservation and security of the record in
261		-	an electronic form or a form that is not electronic.
262		-	B. If legal material is preserved under subsection A of this
263		-	section in an electronic record, the official publisher shall:
264		-	1. Ensure the integrity of the recor d;
265	257
266		-	SENATE FLOOR VERSION - HB2258 SFLR Page 6
267		-	(Bold face denotes Committee Amendments) 1
	258	+	ENGR. H. B. NO. 2258 Page 6 1
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	283	+	C. A party contesting the authentication of legal material in
	284	+	an electronic record authenticated under Section 5 of this act has
	285	+	the burden of proving by a preponderance of the evidence that the
	286	+	record is not authentic.
	287	+	SECTION 7. NEW LAW A new section of law to be codified
	288	+	in the Oklahoma Statutes as Section 31.7 of Title 75, unless there
	289	+	is created a duplication in numbering, reads as follows:
	290	+	A. An official publisher of legal mat erial in an electronic
	291	+	record that is or was designated as official under Section 4 of this
	292	+	act shall provide for the preservation and security of the record in
	293	+	an electronic form or a form that is not electronic.
	294	+	B. If legal material is preserved under s ubsection A of this
	295	+	section in an electronic record, the official publisher shall:
	296	+	1. Ensure the integrity of the record;
292	297		2. Provide for backup and disaster recovery of the record; and
293	298		3. Ensure the continuing usability of the material.
294	299		SECTION 8. NEW LAW A new section of law to be codified
295	300		in the Oklahoma Statutes as Section 31.8 of Title 75, unless there
296	301		is created a duplication in numbering, reads as follows:
297	302		An official publisher of legal material in an electronic record
298	303		that is required to be preserved under Section 7 of this act shall
299	304		ensure that the material is reasonably available for use by the
300	305		public on a permanent basis.
301		-	SECTION 9. NEW LAW A new section of law to be codified
302		-	in the Oklahoma Statutes as Sectio n 31.9 of Title 75, unless there
303		-	is created a duplication in numbering, reads as follows:
304		-	In implementing this act, an official publisher of legal
305		-	material in an electronic record shall consider:
306		-	1. Standards and practices of other jurisdictions;
307		-	2. The most recent standards regarding authentication of,
308		-	preservation and security of, and public access to, legal material
309		-	in an electronic record and other electronic records, as promulgated
310		-	by national standard -setting bodies;
311		-	3. The needs of users of legal material in an electronic
312		-	record;
313		-	4. The views of governmental officials and entities and other
314		-	interested persons; and
315	306
316		-	SENATE FLOOR VERSION - HB2258 SFLR Page 7
317		-	(Bold face denotes Committee Amendments) 1
	307	+	ENGR. H. B. NO. 2258 Page 7 1
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	332	+	SECTION 9. NEW LAW A new section of law to be codified
	333	+	in the Oklahoma Statut es as Section 31.9 of Title 75, unless there
	334	+	is created a duplication in numbering, reads as follows:
	335	+	In implementing this act, an official publisher of legal
	336	+	material in an electronic record shall consider:
	337	+	1. Standards and practices of other jurisdictio ns;
	338	+	2. The most recent standards regarding authentication of,
	339	+	preservation and security of, and public access to, legal material
	340	+	in an electronic record and other electronic records, as promulgated
	341	+	by national standard -setting bodies;
	342	+	3. The needs of use rs of legal material in an electronic
	343	+	record;
	344	+	4. The views of governmental officials and entities and other
	345	+	interested persons; and
342	346		5. To the extent practicable, methods and technologies for the
343	347		authentication of, preservation and security of, and public access
344	348		to, legal material which are compatible with the methods and
345	349		technologies used by other official publishers in this state and in
346	350		other states that have adopted a law substantially similar to this
347	351		act.
348	352		SECTION 10. NEW LAW A ne w section of law to be codified
349	353		in the Oklahoma Statutes as Section 31.10 of Title 75, unless there
350	354		is created a duplication in numbering, reads as follows:
	355	+
	356	+	ENGR. H. B. NO. 2258 Page 8 1
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351	381		In applying and construing this uniform act, consideration must
352	382		be given to the need to promote uni formity of the law with respect
353	383		to its subject matter among states that enact it.
354	384		SECTION 11. NEW LAW A new section of law to be codified
355	385		in the Oklahoma Statutes as Section 31.11 of Title 75, unless there
356	386		is created a duplication in numbering, reads as follows:
357	387		This act modifies, limits, and supersedes the Electronic
358	388		Signatures in Global and National Commerce Act, 15 U.S.C., Section
359	389		7001 et seq., but does not modify, limit, or supersede Section
360	390		101(c) of that act, 15 U.S.C., Section 7001(c), or authorize
361	391		electronic delivery of any of the notices described in Section
362	392		103(b) of that act, 15 U.S.C., Section 7003(b).
363	393		SECTION 12. This act shall become effective January 1, 2026.
364		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
365		-	April 22, 2025 - DO PASS AS AMENDED
	394	+	Passed the House of Representatives the 26th day of March, 2025.
	395	+
	396	+
	397	+
	398	+
	399	+	Presiding Officer of the House
	400	+	of Representatives
	401	+
	402	+
	403	+
	404	+	Passed the Senate the _____ day of __________, 2025.
	405	+
	406	+
	407	+
	408	+
	409	+	Presiding Officer of the Senate