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 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. 367, § 10, eff. Nov. 1, 1989; Laws 1997, c. 164, § 9, eff. July 1, 1997; Laws 2024, c. 17, § 4, eff. Nov. 1, 2024.
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