Every state officer and the heads of all departments, boards, commissions, agencies and institutions of the State of Oklahoma who have in their custody public records and archives deemed by them to be unnecessary for the transaction of the business of their offices shall consult with the State Librarian for the purpose of determining if such records and archives are desired for deposit in the archives division of the Oklahoma State Library. Upon certification by the State Librarian that such records and archives are or are not desired for such purpose, then such custodian shall, in conformity with such determination, apply to the Archives and Records Commission for authorization to destroy or transfer such records and archives to the Oklahoma State Library as hereinafter provided. Upon the filing of such application the Commission shall have authority to authorize or direct the disposition of such records and archives by any one or more of the following methods:

1. 1. By destruction; provided that, the Commission shall not authorize destruction of records and archives less than five (5) years old except upon a showing of good cause by the agency or the Archives and Records Division of the Oklahoma Department of Libraries and a unanimous vote of the members of the Commission, or their designees, present.
2. 2. By transfer to the custody and control of the Oklahoma State Library and there retained. The State Librarian may, in his or her discretion, digitize such records and archives, especially if so doing would aid in the preservation of their contents.

3. 3. By transfer to the Oklahoma State Library with authorization to the State Librarian to digitize said records and archives and upon the completion of this process to destroy said records and archives in accordance with the order of the Commission.

   Records and archives transferred to the Oklahoma State Library shall never be returned to their former custody except by order of the Commission and written consent of the State Librarian.

Laws 1947, HB 337, p. 616, § 2, emerg. eff. May 22, 1947; Amended by Laws 1978, SB 599, c. 146, § 2; Renumbered from 74 O.S. § 565 by Laws 1989, SB 343, c. 367, § 14, eff. November 1, 1989; Amended by Laws 2024, HB 3643, c. 17, § 5, eff. November 1, 2024 (superseded document available).