Oklahoma § 67-301 - Photographing, microphotographing or filming of records Standards - Preservation of original negatives

§ 67-301. Photographing, microphotographing or filming of records Standards - Preservation of original negatives

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

Oklahoma Statutes - Title 67. 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 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

file or copy may, immediately upon being made, be deposited with the

Oklahoma Department of Libraries which shall retain it in a 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.

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 305 through 317 of this

title.

Added by Laws 1968, c. 116, § 1, emerg. eff. April 1, 1968. Amended

by Laws 1972, c. 209, § 1, emerg. eff. March 31, 1972; Laws 1989, c.

Oklahoma Statutes - Title 67. Records

367, § 10, eff. Nov. 1, 1989; Laws 1997, c. 164, § 9, eff. July 1,

1997; Laws 2024, c. 17, § 4, eff. Nov. 1, 2024.