1. The Oklahoma Statutes define the term “state publications” very broadly:

“State publications” means any informational materials, regardless of format, method of reproduction, or source, which originate in or are produced with the imprint, by the authority, or at the total or partial expense of an agency supported wholly or in part by state funds and which are distributed to persons outside of the creating agency or are required by law. “State publication” incorporates those publications that may or may not be financed by state funds but are released by private entities pursuant to a contract with or subject to the supervision of any agency. [65 O.S. § 3-113.2(2)]

2. Publication distribution is key. Generally, the easiest way to determine if specific “informational material” is considered to be a “publication” is to answer the question, “Has the informational material been distributed outside of the agency?”

Format (e.g. brochure, pamphlet, poster, etc.) and method of reproduction (e.g. photocopy, offset printing, letterpress, laser printing, electronic, website, e-newsletter, etc.) are not factors to consider. If the informational material is intended for public distribution or is required by law (e.g., copies sent to the Speaker of the House of Representatives, President Pro Tempore of the Senate, and/or the Governor), then it more than likely is a state publication. If the informational material is intended for agency personnel and board members only, then it may fall into the category of state records, which is addressed through the records management program of the State Archives of the Department of Libraries.

Informational material that is not distributed outside of the agency is not considered to be a state publication, regardless of whether or not it is posted on the agency’s website. For example, a staff newsletter on an agency website is not considered a state publication because its intended audience is the agency staff – not the general public.

3. Publications include materials produced under contract. 

It is important to remember that entities other than state agencies may also produce state publications. This occurs when an organization produces a report, study, etc. as a result of a contract with, or under the supervision of, a state agency or under the sponsorship of a state agency. Contracts that include production of a publication should comply with 65 O.S. § 3-113.2(2) and 65 O.S. § 3-114A. Publications of colleges and universities are exempt from the deposit requirement. However, if a college or university produces a publication for a state agency as a result of a contract with that state agency, then the state agency is required to deposit copies of the publication with the Publications Clearinghouse. 

• Annual reports; Research reports/studies; Survey results; Task Force reports
• Executive summaries of reports
• Newsletters, magazines, journals
• Planning documents (other than drafts)
• Affirmative action plans
• Strategic plans
• Guides, handbooks, manuals; Curriculum guides
• Brochures, pamphlets, fact sheets (other than for dated events)
• Directories (file only once a year, do not file each change during the year)
• Histories
• Statistics (but do not file Excel spreadsheets)
• Laws/Rules with cover or title page if compiled by your agency from various sections of the laws/rules for convenience of your clients
• Posters (other than for dated events)
• Rules Interpretations; Rules Guidelines; AG Opinions
• Memorandum of Understanding/Agreement reports (see SB 316 from 2019)

• News releases
• Unofficial laws/rules; rule changes; rule change impacts
• Meeting notices, agendas, handouts, minutes
• Websites; web pages
• Grant announcements, forms, memos
• Fliers/posters for dated events; training event registrations/brochures
• Internal policies and procedures and policies and procedure manuals
• Board and staff directories, photographs, biographies
• Inventories; Links; Lists of Resources
• Drafts of plans
• Federal publications or publications posted from non-profit agencies or companies
• Legal decisions, legal memos (except AG Opinions)

If the publication is for sale by your agency, please send print copies to the Oklahoma Publications Clearinghouse, 426 East Hill Street, Oklahoma City, Oklahoma 73105.

Questions? Email Samuel.Johnson@libraries.ok.gov.