Title 53. Oklahoma Historical Societies and Associations
§531.1. Short title.
Sections 1.1 through 5.1 of Title 53 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Historical Preservation Act".
Added by Laws 1988, c. 217, § 3, emerg. eff. June 21, 1988.
§531.2. Oklahoma Historical Society Membership Powers Expenditures of state funds Disposition of collections of property.
A. There is hereby created the Oklahoma Historical Society consisting of members who have heretofore become and are now members of said Society, and such others as may be admitted and elected as members thereof, in accordance with the terms of the constitution and bylaws, or as otherwise provided by the the Oklahoma Historical Preservation Act.
B. The Oklahoma Historical Society is hereby declared to be an organized agency of the State of Oklahoma, with power to formulate and promulgate, rules and regulations pursuant to the Administrative Procedures Act by means of its constitution and bylaws, and resolutions for its government and regulation subject to the laws of the state.
C. The Oklahoma Historical Society shall faithfully expend and apply all money received from the state to the uses and purposes directed by law. The Society shall hold all its present and future collections of property for the state, and shall not sell, mortgage or dispose of any such property without authority of law.
Added by Laws 1988, c. 217, § 4, emerg. eff. June 21, 1988.
§53-1.3. Duties.
It shall be the duty of the Oklahoma Historical Society to:
1. Collect, purchase, catalog, store, preserve, conserve and maintain books, maps, photographs, newspapers, records, reports, manuscripts, charts, paintings, threedimensional artifacts and other materials germane to the history of Oklahoma, the Indian and the West;
2. Gather and utilize collected materials to create interpretive exhibits illustrative of the history of Oklahoma, the United States and the world in the Oklahoma Museum of History and at other assigned museums and historic sites;
3. Prepare and publish materials relative to the history of the State of Oklahoma. Such materials may be offered for sale to the public at museums and historic sites operated by the Society;
4. Prepare and publish matters relating to the Society's transactions and research as may be useful to its membership and the public. Such publications shall include an annual report of its collections;
5. Develop an oral history program for the State of Oklahoma designed to promote the preservation and utilization of oral history within the state concerning significant elements of the social, political, economic, cultural, educational, ethnic and military history of the geographical area now known as the State of Oklahoma; transcribe, index, catalog and maintain the results of these interviews to make them readily available to the public and historical researchers;
6. Develop an educational program for the purpose of making available to schools and the public information pertaining to the history of Oklahoma through the utilization of collections and properties held by the Society. Reasonable charges may be made for the dissemination of any such facts or information; and
7. Work with the Oklahoma Capitol Complex and Centennial Commemoration Commission to prepare a master report for the Governor and Legislature on promotion, enhancement and preservation of the military history of Oklahoma.
Added by Laws 1988, c. 217, § 5, emerg. eff. June 21, 1988. Amended by Laws 1991, c. 253, § 4, operative July 1, 1991; Laws 2000, c. 111, § 1, eff. July 1, 2000; Laws 2003, c. 289, § 1, eff. Nov. 1, 2003.
§53-1.4. Additional powers and duties - Exchanges of duplicates.
A. In addition to other powers and duties specified by law, the Oklahoma Historical Society shall have the power and duty to:
1. Acquire by gift, devise, purchase or otherwise, absolutely or in trust, and to hold any real property or real estate or other interest therein as may be necessary in carrying into effect the purpose of the Oklahoma Historical Preservation Act.
2. Enter into contracts and to execute all instruments necessary to fulfill its duties, respecting the protection, preservation, maintenance and operation of such historic buildings, sites and/or objects as it may select.
3. Correlate and preserve drawings, plans, photographs and other data of historic and archaeologic sites, buildings and objects.
4. Make surveys of historic and archaeologic sites, buildings and objects for the purpose of determining which possesses exceptional value as commemorating or relating to the history of Oklahoma.
5. Make necessary investigations and research in Oklahoma relating to particular sites, buildings or objects to obtain true and accurate historical and archaeological facts and information concerning such sites, buildings or objects.
6. Contract and make cooperative agreements with municipalities, corporations, associations and individuals, with proper bond where deemed advisable to protect, preserve, maintain or operate any historic or archaeologic building, site, object or property used in connection therewith for public use, regardless whether the title thereto is in the State of Oklahoma. No contract or cooperative agreement shall be made or entered into which will obligate the General Revenue Fund of the State Treasury unless or until the Legislature has appropriated sufficient monies for such purpose.
7. Restore, reconstruct, rehabilitate, preserve and maintain historic or prehistoric sites, buildings, objects and properties of historical and archaeological significance and where deemed desirable establish and maintain museums in connection therewith.
8. Operate and manage historic and archaeologic sites, buildings and properties acquired under the provisions of the Oklahoma Historical Preservation Act, together with lands and subordinate buildings for the benefit of the public, such authority to include the power to charge reasonable visitation fees and grant concessions, leases or permits for the use of land, building space, roads or trails when necessary or desirable either to accommodate the public or to facilitate administration; provided, that such concessions, leases or permits shall be granted only after competitive bids to the person making the highest and best bid.
9. Organize a corporation under the laws of this state when it would be administratively burdensome to restore, reconstruct, operate or maintain any particular historic or archaeologic site, building or property donated to the state.
B. The Oklahoma Historical Society is authorized to make exchanges of duplicates held by it for matters of historical importance which are of the same approximate value as determined by professional appraisal.
Added by Laws 1957, p. 452, §§ 1, 2, emerg. eff. April 30, 1957. Amended by Laws 1968, c. 139, § 1, emerg. eff. April 8, 1968; Laws 1973, c. 46, § 7, operative July 1, 1973; Laws 1988, c. 217, § 6, emerg. eff. June 21, 1988. Renumbered from Title 53, § 2A by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988. Amended by Laws 1995, c. 71, § 1, emerg. eff. April 12, 1995; Laws 2003, c. 289, § 2, eff. Nov. 1, 2003.
§53-1.4a. Office of Tribal Relations.
A. There is hereby created within the Research Division of the Oklahoma Historical Society the Office of Tribal Relations. The Office of Tribal Relations shall:
1. Gather, preserve, and maintain all records, documents, and material related to negotiations and agreements between tribal governments and the state and political subdivisions;
2. Maintain an archive of all compacts and agreements between tribal governments and the state and political subdivisions; and
3. Organize the compacts, agreements and related documents and material in a manner that is accessible to the public.
B. The Oklahoma Historical Society shall provide suitable office space for the Office of Tribal Relations.
Added by Laws 2005, c. 392, § 1, eff. July 1, 2005.
§53-1.5. Arts and crafts programs, exhibits and shows on state property.
The Oklahoma Historical Society may conduct arts and crafts programs, exhibits and shows on state property under the jurisdiction of the Oklahoma Historical Society.
Added by Laws 1987, c. 204, § 10, operative July 1, 1987. Renumbered from Title 53, § 2B by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988; Laws 2003, c. 289, § 3, eff. Nov. 1, 2003.
§531.6. Board of Directors Membership Succession Agents of state.
A. The Board of Directors of the Oklahoma Historical Society shall consist of not more than twentyfive (25) members, with the Governor as an ex officio member. The number of members of said Board may be decreased by act of the Legislature or by act of said Society by amending its constitution. Each member of the Board of Directors shall hold office until the successor of the member is elected and qualified pursuant to the provisions of the constitution of the Society or as otherwise provided by the Oklahoma Historical Preservation Act, Section 1.1 et seq. of this title. If at any time the provisions of the Society's constitution or bylaws are in conflict with statutory provisions relating to appointment of members by congressional district, statutory provisions shall prevail.
B. Members of the Board of Directors are hereby declared to be agents of the State of Oklahoma.
Laws 1935, p. 63, § 1; Laws 1988, c. 217, § 7, emerg. eff. June 21, 1988. Renumbered from § 6 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988. Amended by Laws 1992, c. 364, § 4, emerg. eff. June 4, 1992.
§53-1.6a. Seasonal employees.
The Oklahoma Historical Society may employ seasonal employees throughout the calendar year. Project labor employed by the Oklahoma Historical Society for a period of time necessary to complete a project shall be in the unclassified service of the state as provided by the Oklahoma Personnel Act. Such employees shall not be entitled to paid leave, paid holidays, retirement, health, dental or life insurance, and shall be exempt from any laws, rules or practices providing for such benefits.
The Oklahoma Historical Society shall include in its annual budget request a summary of the use of project labor which shall include the number of workers employed under the provisions of this section and the total wages paid to these employees.
Added by Laws 1992, c. 367, § 10, eff. July 1, 1992. Amended by Laws 2003, c. 289, § 4, eff. Nov. 1, 2003.
§531.7. Accounts and reports.
The Board of Directors shall keep a correct account of all funds received and expenditures made by the Board of Directors in aid of the Society and report annually to the Governor a detailed statement of such receipts and expenditures.
R.L.1910, § 4362. Amended by Laws 1988, c. 217, § 8, emerg. eff. June 21, 1988. Renumbered from § 3 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988.
§531.8. Contributions, gifts and donations Title to real estate Leasing real estate Custodians.
The Oklahoma Historical Society may solicit and receive contributions, gifts, and donations to be held by it in trust under the terms and conditions imposed by the donors, and title to all real estate acquired, donated and granted to said Society shall be taken in the name of the state to be held for the use and benefit of the Oklahoma Historical Society under the conditions of such grants or donations, the Board of Directors of the Oklahoma Historical Society, through its officers or duly authorized agents to be manager of such real property with authorization to let and lease the same for a period not to exceed three (3) years, and where necessary employ a suitable custodian or custodians of such realty, with the proviso that no expense is to be incurred relative thereto except as is authorized by law and an appropriation theretofore made to meet same. Provided, further, that as to such realty as may consist of parks and places of historical interest with buildings thereon such custodian or caretaker may be employed by such Board to be paid out of receipts from visitors or out of an appropriation theretofore specifically made for such purpose, and from donations theretofore pledged for such purpose and made to meet such expense, which is not to exceed such receipts or donations or such appropriation theretofore made for such purpose.
Laws 1935, p. 64, § 3. Amended by Laws 1985, c. 281, § 5, emerg. eff. July 22, 1985. Renumbered from § 8 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988.
§531.9. Title to locallyowned historical or recreational site Approval of funding.
The title to any locally owned historic or recreational site or improvements thereon shall not be acquired by or conferred to the Oklahoma Historical Society to qualify for state funding without prior approval of both the Senate and the House of Representatives. Before such approval is given, proposals for acquisitions shall be made to the Board ofDirectors of the Oklahoma Historical Society. Within sixty (60) days after receiving a proposal, the Board of Directors shall have a study made of the proposed acquisition. The study shall evaluate the historical background and significance of the property, the educational value of the property, the accessibility of the property to the public, and any other factors the Board of Directors deems pertinent. The study shall also include an estimate of the cost of restoring the property if restoration is necessary, an estimate of the cost of providing access to the property if additional access is necessary, and an estimate of the cost of operating and maintaining the property for at least five (5) fiscal years subsequent to the proposed date of acquisition of the property. A written report of the results of the study shall be submitted by the Board of Directors to the Historic Preservation Review Committee appointed by the Governor to comply with rules and procedures prescribed by the Secretary of the Interior pursuant to Public Law 89665. The Historic Preservation Review Committee, or its successor, shall evaluate the results of the study and shall submit, within thirty (30) days of receiving the report, a written recommendation to the Speaker of the House, President Pro Tempore of the Senate, and Governor as to the advisability of the acquisition.
Laws 1981, c. 334, § 5, emerg. eff. June 30, 1981. Amended by Laws 1983, c. 58, § 1, operative July 1, 1983. Renumbered from § 8.1 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988.
§53-1.10. Historical Society Revolving Fund.
There is hereby created in the State Treasury of the State of Oklahoma a revolving fund to be designated as the Historical Society Revolving Fund, which shall consist of all money appropriated to said fund and all money received by the Oklahoma Historical Society from membership, sales of publications, sales of merchandise to visitors, income from duplicating and microfilm services, contributions, entry fees, gifts and endowments, excluding those gifts and endowments conditionally tendered, and other income derived from the operations of the Oklahoma Historical Society and from historic sites. The Oklahoma Historical Society is hereby authorized and directed to prepare for public distribution such historical data as may in its judgment meet the public demand; said Society shall determine the fee to be charged for each of the publications and such fee should be sufficient to cover the cost of preparing, publishing and marketing to the general public in the museums and historic sites operated by the Society.
Said revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the control and management of the Oklahoma Historical Society and the disbursements therefrom shall be approved by the Society. Monies deposited in said revolving fund may be expended for the purpose of maintaining and operating the Oklahoma Historical Society functions and for operation of historic sites. Monies deposited in said revolving fund from entry fees collected at each participating museum or site pursuant to the entry fee pilot project shall be expended only on the museum and historic site from which the fee is collected and for the purposes outlined in Section 3 of this act. Purchases of merchandise for sale to visitors shall be exempt from the Oklahoma Central Purchasing Act but all other expenditures shall be made pursuant to the laws of the state and the statutes relating to the Oklahoma Historical Society. Warrants for expenditures from this fund shall be drawn by the State Treasurer based on claims signed by the approving officer of the Society and approved for payment by the Director of State Finance.
Added by Laws 1949, p. 373, § 1. Amended by Laws 1973, c. 46, § 8, operative July 1, 1973; Laws 1979, c. 287, § 18, emerg. eff. June 7, 1979; Laws 1985, c. 281, § 3, emerg. eff. July 22, 1985. Renumbered from § 19 of this title by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988. Amended by Laws 1995, c. 71, § 2, emerg. eff. April 12, 1995.
§53-1.11. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-1.12. Petty cash fund.
There is hereby authorized to be created a petty cash fund for the Oklahoma Historical Society in an amount not to exceed Five Thousand Dollars ($5,000.00). This fund may be allocated to museums and sites owned and operated by the Oklahoma Historical Society in amounts not to exceed Two Hundred Dollars ($200.00) per museum or site for the purpose of establishing separate petty cash fund accounts. Said fund may be established from any state funds available to the Oklahoma Historical Society for general operating expenses and shall be administered under such rules and regulations as prescribed by the Director of State Finance.
Added by Laws 1980, c. 363, § 8, emerg. eff. June 27, 1980. Amended by Laws 1982, c. 345, § 15, emerg. eff. June 2, 1982. Renumbered from Title 53, § 19.2 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988; Laws 2003, c. 289, § 5, eff. Nov. 1, 2003.
§53-1.12a. Gifts, devises, bequests, money or real or personal property - Deposit in special agency account.
All gifts, devises, bequests, money or property, either real or personal, which may be or which heretofore have been conditionally tendered to the Oklahoma Historical Society may be deposited in the agency special account established for the Society in accordance with Section 7.2 of Title 62 of the Oklahoma Statutes. The Board of Directors of the Society is hereby directed, authorized and empowered to hold such funds or property in trust or invest or sell them and use either principal or interest or proceeds of sale for the benefit of the Oklahoma Historical Society, all in a manner which is consistent with the terms of the gift as stipulated by the donor and within the provisions of other applicable laws.
Added by Laws 2004, c. 152, § 1, emerg. eff. April 22, 2004.
§53-1.13. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-1.14. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-1.15. Certified copies of records, papers and documents - Fees for certificates.
The Executive Director, or an authorized designee, of the Historical Society is authorized to make certified copies of any and all records, papers or other documents, including excerpts and parts of all of any newspaper or file, and papers and archives held by said society in trust for the United States Government, and such as may by him or her be certified and attested and the seal of the Historical Society affixed thereto, shall be received in evidence in all the courts of this state and have the same force and effect as the original would when introduced in evidence; provided, that when such certificates are made for the United States Government, or any of its officers, to be used in evidence in behalf of the United States Government, or any of its agencies, such certificate shall be made without fee or charge, and the same as to the State of Oklahoma and its agents, but in all other instances fees for such certificate shall be paid by the party applying therefor in such amount as allowed by law to the Secretary of State for such certification, and when such fee is not fixed by law it shall be a reasonable charge to be fixed by the Board of Directors of said Society. All fees so received shall be paid into the Oklahoma Historical Society Revolving Fund, provided, that no fee shall be charged for such certified copy when required in the transaction of the business of the state or the United States Government.
Added by Laws 1935, p. 64, § 7. Amended by Laws 1988, c. 217, § 11, emerg. eff. June 21, 1988. Renumbered from Title 53, § 12 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988; Laws 2003, c. 289, § 6, eff. Nov. 1, 2003.
§531.16. Union soldiers' room Purpose Custodian Agreements as to contents.
The Union Soldiers' Room in the Oklahoma Historical Society is hereby set aside as a memorial to the soldiers and sailors and others who supported the side of the Union in the Civil War, and a custodian is hereby provided who shall be a Union Soldier, or the widow of a Union Soldier, or the descendant of a Union Soldier. And the Board of Directors of the Oklahoma Historical Society are hereby authorized to enter into agreements with camps or agencies of the organization of Union Soldiers and Sailors and their sons and daughters as to matters to be placed within said Room and for the permanent retention of the same therein.
Laws 1935, p. 65, § 8. Renumbered from § 13 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988.
§531.17. Confederate soldiers' room Purpose Custodian Agreements as to contents.
The Confederate Soldiers' Room in the Oklahoma Historical Society is hereby set aside as a memorial to the soldiers and sailors and all who supported the side of the Confederacy in the Civil War, and a custodian is herein provided who shall be a Confederate Soldier, or the widow of a Confederate Soldier, or the descendant of a Confederate Soldier. And the Board of Directors of the Oklahoma Historical Society are hereby authorized to enter into agreements with camps or agencies of the organizations of the Confederate Soldiers and Sailors and of their sons and daughters as to matters to be placed within said Room and for the permanent retention of the same therein.
§531.18. Dispensation of funds Limitations.
The Oklahoma Historical Society shall dispense funds for historical purposes only as defined by paragraph 6 of Section 6 of this act. The Oklahoma Historical Society may enter into contracts with other state agencies or nonprofit corporations holding a valid exemption from taxation issued pursuant to Section 501(a) of the Internal Revenue Code of 1986, as amended, and listed as an exempt organization in Section 501(c)(3) of the Internal Revenue Code of 1986, of the United States, as amended, or with individuals or associations pursuant to statutory requirements.
Funds shall not be applied, donated or used directly or indirectly for the use, benefit or support of any sect, church, denomination or system of religion, or for the use, benefit or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such. The Oklahoma Historical Society shall provide opportunity to organizations to submit written applications to be received and acted upon by the Oklahoma Historical Society. At the conclusion of the contract, each state agency, nonprofit corporation, individual or association shall provide the Oklahoma Historical Society with proof of fulfillment of the contract in proper order and must be affirmed on the proper form, provided by the Oklahoma Historical Society, by the managing officers of the state agency, nonprofit group, association or individual making the contract.
Laws 1981, c. 18, § 3, emerg. eff. April 6, 1981. Amended by Laws 1988, c. 217, § 12, emerg. eff. June 21, 1988. Renumbered from § 20.10 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988.
§53-1.19. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-1.20. Donation receptacles.
Each Oklahoma museum or historical site supported by state funds shall provide a donation receptacle at the museum or historical site operated under the authority of the State of Oklahoma. The donation receptacles shall be for the purpose of the collection of voluntary donations of monies made by visitors to the museums and historical sites. Any monies collected in any such donation receptacle shall be deposited in an account or the revolving fund established for that specific museum or historical site for the purposes of funding renovations of the museum or historical site, acquisitions of artifacts, and other expenditures necessary for the operation, maintenance and expansion of the museum or historical site.
Added by Laws 1991, c. 253, § 3, eff. July 1, 1991.
§53-1.21. Entry fees at museums and historical sites.
A. The Oklahoma Historical Society is authorized to charge at its discretion an entry fee at all of its museums and historical sites.
B. The Board of Directors of the Oklahoma Historical Society shall establish an entry fee schedule to charge the public for admission to the participating sites. The entry fee schedule shall include special rates for families, school groups and any other group or category of persons the Board designates. Residents and nonresidents of this state seventeen (17) years of age and younger shall not be charged an entry fee at least one (1) day per week. The day of the week shall be designated by the Board.
C. The Oklahoma Historical Society shall separately account for and report the revenue which is generated from the collection of the entry fee for the participating sites. After the collected fees are deposited in the Oklahoma Historical Society Revolving Fund, the Oklahoma Historical Society shall separately track the fee revenue generated from each site to ensure that all revenue accruing to the credit of each site is budgeted and expended for that site. The revenue shall be used at each site to enhance, improve, market and pay for expenses associated with the site including, but not limited to, site personnel, utilities, conservation supplies, site promotion and marketing, equipment, professional services and capital improvements.
D. The Board of Directors of the Oklahoma Historical Society shall evaluate the overall effectiveness of charging an entry fee at the participating sites, including the impact on educational outreach, public opinion and operational efficiency.
E. The amount of money appropriated to the Oklahoma Historical Society shall not be reduced to offset the amount of revenue generated and collected through the charging of entry fees.
Added by Laws 1995, c. 71, § 3, emerg. eff. April 12, 1995. Amended by Laws 1997, c. 306, § 1, emerg. eff. May 29, 1997; Laws 2003, c. 289, § 7, eff. Nov. 1, 2003; Laws 2007, c. 187, § 1, eff. Nov. 1, 2007.
§532.1. Violations Penalties.
No person shall willfully or knowingly break, break off, crack, carve upon, write, or otherwise mark upon, or in any manner damage, destroy, mutilate, deface, mar, take or harm any historic or prehistoric site, building, object, artifact, fossil or material in, around or upon any historic site owned, operated, managed or under the control of or under an easement granted to the Oklahoma Historical Society. Any person convicted of violating any of the provisions of the Oklahoma Historical Preservation Act shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed Five Hundred Dollars ($500.00) or by confinement in the county jail for not to exceed one (1) year or by both such fine and confinement.
Added by Laws 1988, c. 217, § 9, emerg. eff. June 21, 1988. Amended by Laws 1994, c. 164, § 1, emerg. eff. May 6, 1994.
§53-3.1. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-3.2. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-3.3. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-3.4. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.1. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.2. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.2a. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.2b. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.3. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.4. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.5. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.6. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.7. Wiley Post Building - Public access.
A. The Oklahoma Historical Society shall permit public access to the Wiley Post Building as determined by its Board of Directors.
B. The Oklahoma Historical Society is authorized to allow public access to the Wiley Post Building at times other than those determined in subsection A of this section for special activities or events.
Added by Laws 1986, c. 271, § 7, operative July 1, 1986. Renumbered from Title 53, § 20.13 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988; Laws 2003, c. 289, § 8, eff. Nov. 1, 2003.
§53-4.8. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§534.9. Property transferred to state.
The Old Fort Gibson Stockade Commission shall transfer and convey to the State of Oklahoma all of the lands and properties that it has acquired and now holds in its name, to be held and used by the State of Oklahoma for historical park purposes under jurisdiction of the Oklahoma Historical Society.
Laws 1947, p. 337, § 2. Amended by Laws 1987, c. 188, § 12, operative July 1, 1987. Renumbered from Title 74, § 357.2 by Laws 1987, c. 188, § 26, operative July 1, 1987. Renumbered from § 20.14 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988.
§53-4.10. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-4.11. Repealed by Laws 2002, c. 112, § 2, eff. Dec. 31, 2002.
§53-4.12. Robert S. Kerr Museum - Operation and management.
The Oklahoma Historical Society has entered into a permanent agreement to operate and manage the Robert S. Kerr Museum on the grounds of the Kerr Conference Center. The Oklahoma Historical Society is authorized, as part of their agency operations, to continue to operate and manage said museum as a tribute to Robert S. Kerr who was National Commander of the American Legion and provided leadership and service to the citizens of the State of Oklahoma as Governor and United States Senator.
Added by Laws 1997, c. 410, § 23, eff. July 1, 1997.
§53-4.13. Renumbered as § 8204 of Title 74 by Laws 2001, c. 315, § 21.
§53-5.1. Oklahoma Museum of History - Designation.
The Oklahoma Historical Society Museum is hereby designated the Oklahoma Museum of History.
Added by Laws 1987, c. 204, § 11, operative July 1, 1987. Renumbered from Title 53, § 20.16 by Laws 1988, c. 217, § 15, emerg. eff. June 21, 1988; Laws 2003, c. 289, § 9, eff. Nov. 1, 2003.
§53-5.2. Repealed by Laws 2003, c. 289, § 11, eff. Nov. 1, 2003.
§53-5.2a. Sale of surplus property.
The Oklahoma Historical Society is authorized to sell surplus property at fair market value as determined by the Board of Directors of the Oklahoma Historical Society. The process for the sale and transfer of title shall originate with the Board. The Oklahoma Historical Society shall be exempt from Section 62.1 et seq. of Title 74 of the Oklahoma Statutes for the purpose of selling surplus property. All proceeds from the sale of the property shall be deposited into the Oklahoma Historical Society Revolving Fund.
Added by Laws 2003, c. 289, § 10, eff. Nov. 1, 2003.
§53-5.3. Participation in National History Day competition.
The Oklahoma Historical Society may sponsor and administer state participation in the annual National History Day competition contingent upon the availability of necessary funding and the approval of the Oklahoma Historical Society Board of Directors.
Added by Laws 1996, c. 40, § 1, emerg. eff. April 8, 1996.
§53-6.1. Gravesite markers for deceased Governors of state.
A. The Oklahoma Historical Society is given the authority to mark the gravesites of deceased Governors of the State of Oklahoma which are located in Oklahoma with historical markers that readily identify the gravesite.
B. The Oklahoma Historical Society may purchase and hold property as may be necessary to erect the historical gravesite markers.
C. The Oklahoma Historical Society shall have authority to:
1. Designate the approximate location of the historical gravesite markers;
2. Preserve the historical gravesite markers;
3. Design the historical gravesite markers;
4. Accept gifts and donations for the erection and preservation of the gravesite markers; and
5. Encourage local participation in and contribution to the erection and preservation of the gravesite markers through the use of gifts, donations, and matching-fund agreements between local individuals or groups and the Historical Society. Such matching-fund agreements shall be funded by donations made to the Historical Society from sources other than appropriated dollars.
Added by Laws 2009, c. 145, § 1, eff. Nov. 1, 2009.
§53-7.1 Creation - Purpose.
A. There is hereby created within the Oklahoma Historical Society the Buffalo Soldiers Heritage Corridor.
B. The purpose of the Buffalo Soldiers Heritage Corridor is to encourage the development and appreciation of historic sites, museums, and heritage programs associated with the story of the Buffalo Soldiers and their legacy of patriotic service, sacrifice, and struggle for the fundamental rights and responsibilities of every American citizen.
C. Furthermore, the Corridor is to encourage heritage tourism that will attract visitors to Oklahoma and lead them to communities where the stories of the Buffalo Soldiers and their legacy are still evident today.
Added by Laws 2005, c. 197, § 1, eff. Nov. 1, 2005.
§53-7.2. Administration - Public-private partnership - Geographic area.
A. The Corridor shall be a cooperative program administered by the Oklahoma Historical Society to focus resources on the shared theme of Buffalo Soldiers within a fixed geographical area.
B. The Corridor shall be a private-public partnership between federal, state, county, municipal, tribal, nonprofit organizations, and private individuals who share the responsibility for preserving and promoting the story of the Buffalo Soldiers.
C. All participating communities and organizations shall share a common heritage of the African-American soldiers who served their country in the military and contributed to the development of farms and ranches owned by the Freedmen of the Five Civilized Tribes, the All-Black Towns of Oklahoma, and the Greenwood District of Tulsa.
D. The Corridor, as administered by the Historical Society, shall encompass the following communities and sites: Tulsa, Cabin Creek, Fort Gibson, Honey Springs Battlefield, Muskogee, Rentiesville, Taft, Grayson, Clearview, and Boley. Others along the Corridor will be encouraged to participate in the program.
E. The partners in the Corridor, subject to funding, shall participate in events, programs, signage, and interpretive markers administered by the Oklahoma Historical Society.
F. The partners in the Corridor, subject to funding, shall participate in promotional brochures and regional, national, and international marketing efforts administered by the Oklahoma Tourism and Recreation Department.
Added by Laws 2005, c. 197, § 2, eff. Nov. 1, 2005.
§53-7.3. Buffalo Soldiers Heritage Corridor Advisory Committee.
A. There is hereby created the “Buffalo Soldiers Heritage Corridor Advisory Committee”. The Committee shall consist of five (5) members as follows:
1. The Executive Director of the Oklahoma Tourism and Recreation Department or designee;
2. The Executive Director of the Oklahoma Historical Society or designee; and
3. The Governor shall appoint three members, one of whom shall be from the Greenwood Cultural District, one of whom shall be from the All-Black Towns, and one of whom shall be from the public at large.
B. The Advisory Committee shall contribute input to the development of a master plan for the Corridor, offer guidance to professional staff as programs are developed, and seek additional partners and resources for the cooperative effort.
C. The Advisory Committee members’ terms shall be for three (3) years.
D. Each member of the Advisory Committee shall serve without compensation except that each member of the Committee shall receive reimbursement for travel expenses in accordance with the State Travel Reimbursement Act.
E. Staffing for the Corridor and the Advisory Committee shall be provided by the Oklahoma Historical Society.
Added by Laws 2005, c. 197, § 3, eff. Nov. 1, 2005.
§53-7.4. Buffalo Soldiers Heritage Corridor Fund.
A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Historical Society to be designated the “Buffalo Soldiers Heritage Corridor Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies deposited to the fund by law, as well as gifts, donations, and private, state, and federal funds designated for the deposit thereto.
B. All monies accruing to the credit of such fund are hereby appropriated and may be budgeted and expended by the Oklahoma Historical Society for the purpose of providing for the programs and direct costs of the Buffalo Soldiers Heritage Corridor.
C. Expenditures from such fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of State Finance for approval and payment.
Added by Laws 2005, c. 197, § 4, eff. Nov. 1, 2005.
§5345. Birthplace of Will Rogers Placing on memorial grounds Agreement with United Daughters of Confederacy.
The said Will Rogers Memorial Commission is hereby authorized to enter into an agreement with the United Daughters of the Confederacy of the State of Oklahoma for a conspicuous and appropriate spot upon lands owned by the State of Oklahoma and under the care and supervision of the said Commission and known and designated as the Will Rogers Memorial grounds, either on the plot north of the road leading to the Oklahoma Military Academy from the city of Claremore or on the south side thereof, as the parties may agree, and permit the United Daughters of the Confederacy of the State of Oklahoma to move such building upon such spot, and to agree with it on a certain amount of land adjacent to the building for the purpose of beautification by the United Daughters of the Confederacy, and the use thereof for the convenience of visitors to the building, no title to the premises to be vested in the United Daughters of the Confederacy, but simply the right to use the same so long as it is used for the purposes named, and so long as the house is kept in good repair and preserved by the United Daughters of the Confederacy and the grounds kept beautified and the place in general kept in an attractive manner.
Laws 1945, p. 474, § 1.
§5346. Petty cash fund Creation.
There is hereby created a petty cash fund for the Will Rogers Memorial Commission, which may be expended for small authorized expenses of the Commission. Laws 1968, c. 124, Sec. 1. Emer. Eff. April 4, 1968.
Laws 1968, c. 124, § 1, emerg. eff. April 4, 1968.
§53-46.1. Intent of Legislature - Repeal of merger of Will Rogers Memorial Commission and J.M. Davis Memorial Commission.
It is the intent of the Legislature by operation of this act to repeal the merger of the Will Rogers Memorial Commission and the J.M. Davis Memorial Commission which was to occur on August 1, 2001. It is the further intent of the Legislature that the Commissions continue to operate as separate entities.
Added by Laws 2001, c. 198, § 1, emerg. eff. May 7, 2001.
§5347. Amount Procedures Reimbursement.
The Director of State Finance is authorized and directed to fix the maximum amount of the petty cash fund created in Section 1 of this act and to prescribe forms, systems and procedures for its administration. The petty cash fund may be reimbursed from time to time by the filing of proper claims, accompanied by valid receipts for expenditures made.
Laws 1968, c. 124, § 2, emerg. eff. April 4, 1968.
§53-47.1. Will Rogers Memorial Commission.
A. The Will Rogers Memorial Commission shall be composed of seven (7) members to be appointed as follows:
The Governor shall appoint one member who shall be a surviving lineal descendant of Will Rogers. If there is no surviving descendant of Will Rogers who chooses to serve, then the member shall be appointed by the Governor, with the advice and consent of the Senate as hereinafter provided.
B. 1. Upon the expiration of the terms of office of members of the Commission, the Governor shall have the authority to appoint members of the Commission, with the advice and consent of the Senate, subject to the provisions of subsection A of this section.
2. The lineal descendant of Will Rogers shall serve for a term of six (6) years. The other six members of the Commission appointed by the Governor shall be appointed for staggered terms.
3. At the expiration of the term of office of each member appointed under the provisions of this subsection and of each succeeding member appointed thereafter, the Governor shall appoint a successor, with the advice and consent of the Senate, and subject to the provisions of subsection A of this section, who shall serve for a term of six (6) years. The current members of the Commission shall serve the remainder of the term for which they were appointed.
C. Whenever a vacancy on the Commission shall occur by death, resignation, or otherwise, the Governor shall fill the same by appointment, with the advice and consent of the Senate, and subject to the provisions of subsection A of this section. Each member shall hold office until a successor has been appointed and qualified.
D. Members shall serve without compensation. Members of the Commission shall receive reimbursement for necessary travel expenses as provided for state officials and employees under the State Travel Reimbursement Act on claims approved by the chair of the Commission.
E. Each of the members of the Commission shall be subject to removal from office in the same manner as other state officials not subject to impeachment.
Added by Laws 1975, c. 182, § 1, emerg. eff. May 22, 1975. Amended by Laws 1979, c. 103, § 1, emerg. eff. April 25, 1979; Laws 1983, c. 333, § 17, emerg. eff. June 29, 1983; Laws 1999, c. 262, § 2; Laws 2001, c. 198, § 2, emerg. eff. May 7, 2001.
NOTE: Laws 2001, c. 198, § 15, emerg. eff. May 7, 2001 repealed the effective date (Aug. 1, 2001) of Laws 1999, c. 262, § 2.
§53-47.2. Powers of the Commission.
The Will Rogers Memorial Commission may:
1. Acquire, hold, own, receive, accept or contract for real or personal property in the name of the Commission;
2. Act in cooperation with federal, state, or local government or any agency thereof or any other legal entity in constructing, building, preserving, and maintaining the Will Rogers Memorial;
3. Accept gifts, grants, contributions, or donations from governmental sources, or any person, firm, corporation, or municipal subdivision of this state, or any group of persons for the purposes of constructing, maintaining, preserving, or displaying the collection and historical artifacts of the Will Rogers Memorial to be located at, or near, the town of Claremore, Oklahoma;
4. Enter into contracts and agreements with the Will Rogers Heritage, Inc.; and
5. Furnish suitable quarters to house, display, and preserve the Will Rogers Collection.
Added by Laws 1975, c. 182, § 2, emerg. eff. May 22, 1975. Amended by Laws 1999, c. 262, § 3; Laws 2001, c. 198, § 3, emerg. eff. May 7, 2001.
NOTE: Laws 2001, c. 198, § 15, emerg. eff. May 7, 2001 repealed the effective date (Aug. 1, 2001) of Laws 1999, c. 262, § 3.
§53-47.3. Preservation of property.
A. The Will Rogers Memorial Commission may take steps necessary and expedient to protect and preserve the name of "Will Rogers," his photographic likeness, writings of any and all classifications, including but not limited to:
1. All written material heretofore presented, and any to be presented, to the Commission by the family of Will Rogers; and
2. All material on which the Commission holds or may hold the legal copyright, including writings, manuscripts, books, notes, papers, films and tapes.
B. The Commission may consult with and obtain the professional services of the Attorney General's office in taking any action necessary or expedient to protect the Commission from any unlawful use by any person or persons or corporate entities of any property of the Commission.
Added by Laws 1975, c. 182, § 3, emerg. eff. May 22, 1975. Amended by Laws 1999, c. 262, § 4; Laws 2001, c. 198, § 4, emerg. eff. May 7, 2001.
NOTE: Laws 2001, c. 198, § 15, emerg. eff. May 7, 2001 repealed the effective date (Aug. 1, 2001) of Laws 1999, c. 262, § 4.
§53-47.4. Research library - Sales - Revolving fund.
A. The Will Rogers Memorial Commission may:
1. Construct and operate a comprehensive research library to house all Will Rogers memorabilia, including, but not limited to, writings, books, periodicals, sound reproductions, film reproductions and related materials, published or unpublished, for the purposes of creating, preserving and maintaining a research center for all of the Will Rogers material contemplated hereunder or any material received in the future as well as kindred collections on the site now provided by the Will Rogers family at or near the town of Claremore;
2. In the administration of the Will Rogers Memorial, maintain or lease to the Will Rogers Heritage, Inc., or to a third party, an outlet for the sale to the public of such items as shall, in the judgment of the Commission or the lessee, be appropriate for sale at prices set by the Commission, including, but not limited to, literature, in book or pamphlet form, brochures, periodicals, books, artifacts, reproductions of Will Rogers memorabilia and statuary; and
3. Maintain donation receptacles for the purpose of the collection of voluntary donations to the Will Rogers Memorial Commission and to the Will Rogers Heritage, Inc. Funds donated to the Will Rogers Memorial Commission shall be deposited in the Will Rogers Memorial Commission Revolving Fund.
B. The proceeds of the sale of any material referred to in this section or payments received pursuant to a lease as authorized by this section shall be deposited in the Will Rogers Memorial Commission Revolving Fund, for the purposes of defraying the expenses of the operation of the outlet for sale and for such purposes as shall in the opinion of the Commission be necessary and appropriate, including, but not limited to, scholarships, awards and prizes for educational purposes, so long as the same pertains to and is in conformity with the uses and purposes of the Commission.
Added by Laws 1975, c. 182, § 4, emerg. eff. May 22, 1975. Amended by Laws 1999, c. 262, § 5; Laws 2001, c. 198, § 5, emerg. eff. May 7, 2001.
NOTE: Laws 2001, c. 198, § 15, emerg. eff. May 7, 2001 repealed the effective date (Aug. 1, 2001) of Laws 1999, c. 262, § 5.
§53-47.4A. Will Rogers Memorial Commission Revolving Fund.
A. There is hereby created in the State Treasury a revolving fund for the Will Rogers Memorial Commission to be designated the “Will Rogers Memorial Commission Revolving Fund”. The fund shall consist of all:
1. Appropriations, gifts, donations, grants, admission fees, and any other monies received by the Commission pursuant to this act; and
2. Proceeds from outlet sales, unless the outlets are leased as provided in Section 47.4 of this title in which case any payments received pursuant to any such lease shall be deposited in the revolving fund.
B. The revolving fund shall be a continuing fund not subject to fiscal year limitations and shall be under the administrative direction of the Commission. The expenditure from the fund shall be used for expenses relating to administration, duties, operations, maintenance, special projects, and acquisitions for the Memorial and shall be made pursuant to law.
C. Warrants for expenditures from this fund shall be drawn by the State Treasurer based on claims signed by an authorized employee of the Commission and approved for payment by the Director of State Finance.
Added by Laws 1999, c. 262, § 6. Amended by Laws 2001, c. 198, § 6, emerg. eff. May 7, 2001
NOTE: Laws 2001, c. 198, § 15, emerg. eff. May 7, 2001 repealed the effective date (Aug. 1, 2001) of Laws 1999, c. 262, § 6.
§5347.5. Inventory of material on exhibit and in storage.
The State Auditor and Inspector's office shall be supplied with a complete inventory of material on exhibit and in storage subject to audit in the same manner as operational accounts of the Memorial.
Laws 1975, c. 182, § 5, emerg. eff. May 22, 1975; Laws 1979, c. 30, § 89, emerg. eff. April 6, 1979; Laws 1980, c. 159, § 8, emerg. eff. April 2, 1980.
§53-47.6. Maintenance - Director and other employees – Purchases - Manager - Admission charges.
A. The Will Rogers Memorial Commission shall:
1. Maintain the Will Rogers Memorial, and promulgate rules necessary for the maintenance and operation thereof;
2. Appoint a Director, who shall be in the unclassified service, and other employees, and shall fix their duties and compensation not otherwise prescribed by law; and
3. Make administrative decisions governing the type, nature, and propriety of all purchases made by the Commission.
B. The Commission may appoint a Manager, who shall be in the unclassified service, and may fix the duties of the Manager and compensation not otherwise prescribed by law.
C. The Commission may charge admission to enter the grounds or buildings of the Memorial.
Added by Laws 1975, c. 182, § 6, emerg. eff. May 22, 1975. Amended by Laws 1983, c. 238, § 5, operative July 1, 1983; Laws 1987, c. 204, § 44, operative July 1, 1987; Laws 1999, c. 262, § 7; Laws 2001, c. 198, § 7, emerg. eff. May 7, 2001.
NOTE: Laws 2001, c. 198, § 15, emerg. eff. May 7, 2001 repealed the effective date (Aug. 1, 2001) of Laws 1999, c. 262, § 7.
§53-47.7. Repealed by Laws 1999, c. 262, § 8.
NOTE: Laws 2001, c. 198, § 15, emerg. eff. May 7, 2001 repealed the effective date (Aug. 1, 2001) of Laws 1999, c. 262, § 8.
§53-47.8. Will Rogers Homesite - Transfer of operation.
The following described land, currently owned by the Oklahoma Tourism and Recreation Commission and operated as the Will Rogers Homesite, all the appurtenances thereto and all personal property essential to the continued orderly operation of this facility are hereby transferred to the Will Rogers Memorial Commission. The Will Rogers Memorial Commission shall have the same powers and duties with respect to the facility as were previously carried out by the Tourism and Recreation Commission and shall assume the performance of all existing obligations of the Tourism and Recreation Commission relating to its operation and maintenance.