Title 65. Public Libraries
§65-1. Repealed by Laws 1953, p. 319, § 8.
§65-1-101. Short title.
This act shall be known as the Oklahoma Library Code.
Added by Laws 1967, c. 45, § 1-101, emerg. eff. April 6, 1967.
§65-1-102. Policy.
It shall be the policy of the State of Oklahoma to promote, support, and implement the development and maintenance of adequate public and special library facilities and services throughout the state in whatever forms and by whatever means may be most beneficial and feasible. Adequate library services are deemed to be necessary to the cultural, educational and economic development of the State of Oklahoma and to the health, safety and welfare of its people, and to be the responsibility of government at all levels.
Added by Laws 1967, c. 45, § 1-102, emerg. eff. April 6, 1967.
§65-1-103. Purpose.
It is the purpose of the Oklahoma Library Code to accomplish this policy by providing for:
(a) Creation of the Oklahoma Department of Libraries to discharge the responsibility and exercise the authority of the State of Oklahoma for adequate library facilities and services in and for state government and throughout the state.
(b) Establishment, development and operation of libraries and library systems throughout the state with the goal of providing adequate library services to all the people of the state.
(c) Financial support for libraries with guidelines for maximum economy and effectiveness in use of all funds.
(d) Cooperation with other state agencies, federal agencies and private organizations in effecting the purposes of this Code.
Added by Laws 1967, c. 45, § 1-103, emerg. eff. April 6, 1967.
§65-1-104. Definitions.
When used in this Code unless the context otherwise requires:
(a) The term "library system" shall mean a unified public library organization under single direction in an area of not less than one county.
(b) The term "public library" shall mean a library or library system that is freely open to all persons under identical conditions, and which is supported in whole or in part by public funds.
(c) The term "metropolitan library" shall mean a library system which is the public library for a county in which is located a city of at least two hundred fifty thousand (250,000) population.
(d) The term "multicounty library" shall mean a library system which is the public library for a library district composed of two or more counties.
(e) The term "special library" shall mean any library, whether open to the general public or not, that is supported in whole or in part by public funds and which comes within one or more of the following categories:
(1) All libraries which are operated within or as an integral part of a publicly supported institution.
(2) All libraries that cater to a special clientele.
(3) All libraries that are concerned primarily with materials on a special subject.
Provided, however, that this definition shall not be construed to include libraries operated as a part of any university, college, school, museum, the Oklahoma Historical Society and county law libraries.
(f) The word "library" shall mean the contents as well as the building, equipment and facilities of the institution.
(g) The word "Department" shall mean the Oklahoma Department of Libraries, which shall be the official library and archival agency of the state.
(h) The word "Board" shall mean the Oklahoma Department of Libraries Board.
(i) The word "standards" shall mean the criteria pertaining to the scope and quality of library facilities, levels of financial support, adequacy and qualifications of personnel, organization and resources for service, areas of service and population to be served, and other factors deemed necessary to insure proper, economical and effective use of funds and resources in providing library facilities and services.
(j) The term "accreditation of libraries" shall mean the evaluation and rating of public libraries and library systems.
(k) The word "Director" shall mean the Director of the Department who shall be the State Librarian and the State Archivist.
(l) The term "county library" means a public library established, supported, and maintained by county taxation.
(m) The term "municipal library" means a public library established, supported, and maintained through taxation by a city or town whose library board of trustees is appointed pursuant to municipal authority.
(n) The term "city-county library" means a library system which consists of a public library for a county in which the population is at least 100,000.
(o) The term "rural single county library" means a library system which consists of a public library for a county in which the population is less than one hundred thousand (100,000) and which is supported by ad valorem taxation designated for the support of the county library system.
Added by Laws 1967, c. 45, § 1-104, emerg. eff. April 6, 1967. Amended by Laws 1992, c. 322, § 1, eff. July 1, 1992; Laws 1995, c. 165, § 1, emerg. eff. May 2, 1995.
§65-1-105. Disclosure of records.
A. Any library which is in whole or in part supported by public funds including but not limited to public, academic, school or special libraries, and having records indicating which of its documents or other materials, regardless of format, have been loaned to or used by an identifiable individual or group shall not disclose such records to any person except to:
1. Persons acting within the scope of their duties in the administration of the library;
2. Persons authorized to inspect such records, in writing, by the individual or group; or
3. By order of a court of law.
B. The requirements of this section shall not prohibit middle and elementary school libraries from maintaining a system of records that identifies the individual or group to whom library materials have been loaned even if such system permits a determination, independent of any disclosure of such information by the library, that documents or materials have been loaned to an individual or group.
Added by Laws 1985, c. 81, § 1, eff. Nov. 1, 1985. Amended by Laws 1986, c. 98, § 1, eff. Nov. 1, 1986.
§65-2-101. Creation of Board.
The Oklahoma Department of Libraries Board is hereby created. The Board shall consist of seven (7) appointive members, and the Director, who shall be an ex officio nonvoting member. The Governor shall appoint, with the advice and consent of the Senate, one member from each congressional district and any remaining members shall be appointed from the state at large. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district. No appointive member shall be a librarian in active practice. Appointments shall be made on the basis of ability, sound understanding of the total responsibilities and objectives of a state library agency and active interest in the attainment of these goals.
Added by Laws 1967, c. 45, § 2-101, emerg. eff. April 6, 1967. Amended by Laws 1992, c. 364, § 7, emerg. eff. June 4, 1992; Laws 2002, c. 375, § 14, eff. Nov. 5, 2002.
§65-2-101.1. Repealed by Laws 1992, c. 322, § 21, eff. July 1, 1992.
§65-2-102. Membership of Board.
The members appointed by the Governor shall be qualified electors of the state and actual residents of the Congressional Districts from which they are appointed. No member of the Board shall in any way be connected with the business of publishing or selling books, periodicals or other forms of library materials, nor with the business of manufacturing or selling library supplies or equipment. No member shall receive any compensation for his service on the Board directly or indirectly; provided that each appointive member may receive reimbursement for travel expense pursuant to the State Travel Reimbursement Act.
Added by Laws 1967, c. 45, § 2-102, emerg. eff. April 6, 1967. Amended by Laws 1985, c. 178, § 50, operative July 1, 1985.
§65-2-103. Terms of office.
The term of office of each appointive member, except for initial appointments as herein specified, shall be six (6) years, beginning July 1 of the year of appointment or until his successor has been appointed and qualified. The present State Library Board shall become members of the Board of the Department and shall continue in office until their respective terms expire. The Governor shall appoint one member on or before July 1 of each year; provided that he shall make the first appointments for the following terms in the years indicated: One member for a term of one (1) year, and one member for a term of two (2) years in 1967; one member for a term of two (2) years, one member for a term of three (3) years and the member-at-large for a term of three (3) years in 1968; one member for a term of three (3) years, and one member for a term of four (4) years in 1969. After the initial appointments, terms shall be for six (6) years. Any vacancy on the Board shall be filled for the remainder of the term only and by the method of the original appointment. No person who has served a full six-year term shall be appointed to succeed himself. Members may be removed only for cause.
Added by Laws 1967, c. 45, § 2-103, emerg. eff. April 6, 1967.
§65-2-104. Officers.
The Board shall elect a Chairman and Vice Chairman at the first meeting held after July 1 of each year. The Director shall be the Secretary of the Board, and shall have custody of all files and records of the Board.
Added by Laws 1967, c. 45, § 2-104, emerg. eff. April 6, 1967.
§65-2-105. Meetings.
The Board shall meet at least once every three-month period. Additional meetings may be held upon call of the chairman, vice-chairman, in the absence of the chairman, or the secretary. Four voting members of the Board shall constitute a quorum. No question before the Board shall be resolved without the concurrence of at least four members or a majority of those members voting, whichever is the greater.
Added by Laws 1967, c. 45, § 2-105, emerg. eff. April 6, 1967. Amended by Laws 1992, c. 322, § 2, eff. July 1, 1992.
§65-2-106. Powers and duties of the Board.
The Oklahoma Department of Libraries Board shall be the supervisory and policymaking body of the Department and shall:
(a) Appoint the Director, who shall possess the qualifications specified by Section 3-103 of this title, and shall hold office at the pleasure of the Board;
(b) Formulate the general policies of the Oklahoma Department of Libraries, in consultation with the Director;
(c) Review and approve the budget requests for the Department;
(d) Formulate standards for public and special libraries in consultation with the Director and his staff, and with the Oklahoma Library Association;
(e) Utilize such standards as guidelines in accreditation of public libraries and library systems;
(f) Utilize such standards and accreditation as guidelines in approval of apportionment of state funds of federal funds such as may be administered by a state agency to public libraries, library systems and special libraries and their use of such funds;
(g) Serve as an appeal board in the execution of the Library Services Construction Act, 20 U.S.C. Section 351(1991), including any amendments thereto, and any similar federal legislative acts requiring such services;
(h) Approve the formation of library systems and designate areas for library districts;
(i) Maintain liaison with the Oklahoma Library Association;
(j) Assist in communicating the goals, plans, budgets and work of the Department to executive, judicial and legislative officials, and to the public;
(k) Provide for the certification of public librarians;
(l) Establish a formula for the equitable apportionment of monies from the Oklahoma Local Library Support Revolving Fund; and
(m) Promulgate such rules as may be necessary to carry out the intent and purposes of this act.
Added by Laws 1967, c. 45, § 2-106, emerg. eff. April 6, 1967. Amended by Laws 1992, c. 322, § 3, eff. July 1, 1992; Laws 1992, c. 373, § 14, eff. July 1, 1992.
§65-2-107. Oklahoma Local Library Support Revolving Fund.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Libraries, to be designated the "Oklahoma Local Library Support Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Department of Libraries from state appropriations designated specifically for deposit in this fund for purposes as specified in this act and from any other sources provided for by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Libraries for the purpose of providing convenient library service or access to library service for all citizens of Oklahoma. In administering the fund the Department of Libraries shall encourage existing public libraries to cooperatively share library resources by:
1. Extending or establishing public library services in unserved county areas or contracting for services with existing Oklahoma Department of Libraries certified municipal public libraries, other certified public libraries, library districts, or library systems; and
2. Strengthening existing Oklahoma Department of Libraries certified municipal public libraries, other certified public libraries, library districts, and library systems.
The Oklahoma Department of Libraries Board shall establish a formula for the equitable apportionment of monies to counties applying and qualifying for such funds pursuant to the provisions of this act.
Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.
Added by Laws 1992, c. 321, § 1, eff. July 1, 1992.
§65-2-108. Oklahoma Local Library Support Revolving Fund - Applications for participation.
A. Applications for participation in the Oklahoma Local Library Support Revolving Fund shall be submitted to the Oklahoma Department of Libraries for approval or disapproval by the Oklahoma Department of Libraries Board pursuant to rules and regulations promulgated by the Oklahoma Department of Libraries Board. The applications shall be initiated by:
1. The boards of county commissioners in the respective counties either without public library service or without existing countywide public library service;
2. The board of county commissioners in the respective counties upon petition initiated by not less than ten percent (10%) of the qualified electors of the county based on the total number of votes cast at the last general election for the county office receiving the highest number of votes at such election;
3. The district or system library boards or commissions in the respective counties with library districts or library systems providing countywide library service; or
4. A joint application from all or a majority of the Oklahoma Department of Libraries certified municipal public libraries in a respective county joined together to apply for and to administer the expenditure of funds from the Oklahoma Local Library Support Revolving Fund and any other funds granted or donated for the purpose of county library services.
B. The application shall include a five-year plan for library development for extending, initiating and/or strengthening public library service in the respective county. The application shall include for the initial or next funding year, a detailed, line-item budget and descriptive program for the Oklahoma Local Library Support Revolving Fund appropriation.
Added by Laws 1992, c. 321, § 3, eff. July 1, 1992.
§65-2-109. Applications for participation in Oklahoma Local Library Support Revolving Fund - Five-year plan for library development.
A. The five-year plan for library development required pursuant to Section 2-108 of this title may address proposals to:
1. Seek financing for additional levels or types of library services and/or contracting with existing Oklahoma Department of Libraries certified public libraries for:
a. free access and service by all county residents,
b. specific services such as bookmobile or book deposits/book centers,
c. access to information services through telecommunications,
d. surveys or studies of countywide library needs,
e. leased or permanent facilities, and
f. any other services as mandated by the Oklahoma Department of Libraries;
2. Hold an election seeking a countywide mill levy for support. Such plans shall be based on the needs, analysis and desires of the respective counties or existing library districts or library systems. If a plan includes a proposal to hold an election on a mill levy for library support, the plan may specify how the public library authority will serve as the coordinator for cooperation between publicly funded libraries of all types;
3. Include the utilization of technological equipment and telecommunications access consistent with Sections 55 and 56 of this title; and
4. Provide for any other services as mandated by the Oklahoma Department of Libraries.
Added by Laws 1992, c. 321, § 4, eff. July 1, 1992. Amended by Laws 1994, c. 362, § 2, eff. July 1, 1994.
§65-3. Repealed by Laws 1953, p. 319, § 8.
§65-3-101. Creation of Department.
A. The Oklahoma Department of Libraries is hereby created. The Department shall be the official library agency of the state and shall discharge the responsibilities and exercise the authority of the state with respect to all public and special libraries. The Department shall cooperate with other state agencies, local units of government, federal agencies and private individuals and organizations with respect to library facilities and services, or any allied or related facilities and services. The Department shall be responsible for the receipt and administration of all state funds and such federal funds as may be administered by a state agency, may receive and administer private and other funds, for libraries, library services or any allied or related services.
B. The Department shall have its headquarters and shall maintain The State Library at the Allen Wright Memorial Library in the State Capitol area.
C. Branches or offices of the Department may be established under such conditions and terms and in such locations within the state as are deemed necessary.
D. The Jan Eric Cartwright Memorial Library, which shall be located in the State Capitol Building, shall provide law library and legislative reference services for state government and the citizens of Oklahoma.
Added by Laws 1967, c. 45, § 3-101, emerg. eff. April 6, 1967. Amended by Laws 2002, c. 334, § 2, eff. July 1, 2002.
§65-3-102. Department as official library of the state.
The Department shall constitute the official library of the State of Oklahoma. The Department shall have custody of all books, documents, facsimiles, films, maps, manuscripts, pamphlets, papers, charts, archives, periodicals, records, and any other materials or objects now in its possession or that may be acquired. No department or institution of state government, except institutions of higher learning, museums and the Oklahoma Historical Society, shall establish a library without prior approval of and except in cooperation with the Department; provided that this provision is not to prevent a state agency from having the minimal necessary and frequently used office copies of reference works, catalogs, legal reports or technical publications required to conduct its daily operations.
Added by Laws 1967, c. 45, § 3-102, emerg. eff. April 6, 1967.
§65-3-103. Director and Assistant Director.
The offices of Director and Assistant Director are hereby created. The Director shall be appointed by the Board on the basis of merit and appropriate experience, shall possess a library degree from a library school accredited by the American Library Association and shall serve at the pleasure of the Board. The Assistant Director shall be appointed by the Director, with the approval of the Board, and shall be subject to the same qualifications as herein specified for the Director. The Director shall be the State Librarian and the State Archivist, which offices are hereby created.
Added by Laws 1967, c. 45, § 3-103, emerg. eff. April 6, 1967. Amended by Laws 1992, c. 322, § 4, eff. July 1, 1992.
§65-3-104. Duties of Director.
The Director shall be the administrative, executive, directing and supervising official of the Department under the supervision of and in accordance with policies established by the Board. He shall:
(a) Approve all requisitions and claims;
(b) Prepare budgets;
(c) Prepare the staff organization and position classification with the approval of the Board;
(d) Employ or terminate employment of all personnel as provided by 74 O.S.1961, Sections 801 - 839, as amended; and
(e) Make all reports, maintain all records and execute all instruments required by law or regulation and perform all duties necessary to discharge the functions of the Department.
The Director shall be accountable and responsible to all proper state and federal officials for the activities of the Department. He shall be the representative of the state in all matters pertaining to the duties and services of the Department, or any other library, archival, public documents, reference, research, records, information and information processing functions, including all allied or related services, of the state government, or in which the state may participate; provided that he may designate a staff member of the Department to act as his agent under such conditions as he may prescribe. The Director, or any staff member of the Department designated by him, shall receive travel expense and per diem as provided by 74 O.S.1961, Sections 500.5 - 500.12, as amended, including necessary fees incurred in the exercise of his duties, or in attending conferences, institutes and meetings of library, reference, research, documentation and informational associations or bodies, or any allied or related groups.
Added by Laws 1967, c. 45, § 3-104, emerg. eff. April 6, 1967.
§65-3-105. Functions of Department.
The departmental functions shall include but not be limited to library services, library research, library development, archival, records management and preservation, legislative reference, legal reference, general reference, library promotion and public information, informational, information processing and retrieval, government documents and any allied, cognate or related functions, and the Department shall be the authority of the state for these functions.
The Department is authorized and directed to discharge the state's responsibility for library service, including service to state government, to public and special libraries and library services, cooperation with and rendering of services to local units of government in the establishment and operation of local libraries and library systems, and the performance of all technical and other services necessary to the Department. The Department shall assist with and supervise the establishment and operation of libraries at all state institutions and agencies, except public schools and institutions of higher learning.
Added by Laws 1967, c. 45, § 3-105, emerg. eff. April 6, 1967.
§65-3-106. Creation of divisions authorized.
There shall be created such divisions and subdivisions of the Department as are deemed necessary to effect the purposes of this Code.
Added by Laws 1967, c. 45, § 3-106, emerg. eff. April 6, 1967.
§65-3-107. Appropriations, gifts, bequests or grants - Contracts - Libraries' Revolving Fund.
The Department may receive and use appropriations, gifts, bequests or grants from any source, public or private, and may take such action as may be necessary to receive such funds. It may contract with other agencies, organizations, libraries, library schools or the agencies of other governments for library services, facilities, research or any allied or related purpose.
There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Libraries, to be designated the Oklahoma Department of Libraries' Revolving Fund. The fund shall be administered in accordance with the Revolving Fund Procedures Act. The Department is authorized to receive all money from departmental forfeitures, fees, sales of materials and services, payments for lost books and other receipts, and other miscellaneous sources, and all such income shall be deposited in such fund.
Added by Laws 1967, c. 45, § 3-107, emerg. eff. April 6, 1967. Amended by Laws 1978, c. 165, § 4, eff. Jan. 8, 1979.
§65-3-107.1. Contracts for literacy services.
The Oklahoma Department of Libraries may enter into contracts for literacy services with library-based programs or community literacy councils, including but not limited to nonprofit corporations holding a valid exemption from taxation issued pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C., Section 501(a), and listed as an exempt organization in Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C., Section 501(c)(3).
Added by Laws 2002, c. 334, § 1, eff. July 1, 2002.
§65-3-108. Participation in health insurance plans authorized.
The Department may participate in an approved health insurance program for full-time employees and use appropriated funds for said purpose, either for the exclusive benefits of its staff or jointly with other such programs.
Added by Laws 1967, c. 45, § 3-108, emerg. eff. April 6, 1967.
§65-3-109. Purchase, lease and disposal of real and personal property.
A. The Oklahoma Department of Libraries is authorized to purchase, lease or otherwise acquire and hold title to and dispose of lands and buildings and other facilities, and materials, motor vehicles or other equipment, or to erect and equip buildings necessary in effecting the purposes of this Code.
B. The Department may expand the Allen Wright Memorial Library for the purpose of providing space that will serve as a repository and research center for Oklahoma state records pursuant to the Records Management Act and Sections 305 through 317 of Title 67 of the Oklahoma Statutes and to provide space for other Department of Libraries functions as it deems necessary. No monies available to the Department for agency operations shall be used for this expansion project.
Added by Laws 1967, c. 45, § 3-109, emerg. eff. April 6, 1967. Amended by Laws 2002, c. 334, § 3, eff. July 1, 2002.
§65-3-110. Publications.
The Department may compile, prepare and issue publications of any type related to and deemed necessary in effecting the purposes of this Code.
Added by Laws 1967, c. 45, § 3-110, emerg. eff. April 6, 1967.
§65-3-111. Standards for library equipment.
The Department may prescribe standards for equipment and supplies purchased for its use and the use of units under its direction.
Added by Laws 1967, c. 45, § 3-111, emerg. eff. April 6, 1967.
§65-3-112. Petty cash fund.
A petty cash fund of not more than Three Hundred Dollars ($300.00) is authorized. It shall be established and replenished by claims against appropriations. The fund may be used for postage due payments and for the purchase of minor items and services that cost less than Twenty-five Dollars ($25.00) each. Itemized receipts for all such purchases shall be secured and filed. The fund shall be audited by the State Auditor and Inspector as are other accounts of the Department.
Added by Laws 1967, c. 45, § 3-112, emerg. eff. April 6, 1967. Amended by Laws 1979, c. 30, § 112, emerg. eff. April 6, 1979.
§65-3-113. Postage.
The Department is authorized to buy postage stamps and postal cards in an amount not to exceed Five Hundred Dollars ($500.00) for any one fiscal year for the purpose of prepaying the postage for the return of information or statistical materials, field operations and other like purposes.
Added by Laws 1967, c. 45, § 3-113, emerg. eff. April 6, 1967.
§65-3-113.1. Publications Clearinghouse - Creation - Director - Rules and regulations.
The Publications Clearinghouse is hereby created as a unit of the Oklahoma Department of Libraries. The Publications Clearinghouse shall be directed by the Director of the Department of Libraries. The Director shall adopt rules and regulations necessary to implement the functions and duties of the Publications Clearinghouse as provided for by law.
Added by Laws 1978, c. 165, § 1. Amended by Laws 1984, c. 13, § 1, eff. Nov. 1, 1984.
§65-3-113.2. Definitions.
As used in Sections 3-113.1 through 3-115 of this title:
1. "Agency" means any office, officer, department, division, unit, bureau, board, commission, authority, institution, substate planning district, or agency in any branch of the state government, and all subdivisions of each when applicable, including state institutions of higher education, defined as all state-supported colleges, universities, junior colleges, and technology center schools; and
2. "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.
Added by Laws 1978, c. 165, § 2. Amended by Laws 1984, c. 13, § 2, eff. Nov. 1, 1984; Laws 2001, c. 33, § 62, eff. July 1, 2001.
§65-3-113.3. Duties of Publications Clearinghouse.
The Publications Clearinghouse shall have the following duties:
1. To establish a state publications depository library system for the use of the citizens of this state; and
2. To collect state publications from every agency and to retain and preserve permanently a minimum of two copies of said publications; and
3. To enter into contracts with other libraries within this state whereby the Publications Clearinghouse designates the contracting library to be a depository library for the Oklahoma Department of Libraries and agrees to distribute copies of state publications deposited with the Publications Clearinghouse to said depository library, and the contracting library agrees to receive and maintain the collection of said publications and not to dispose of said publications without prior approval of the Publications Clearinghouse, to provide adequate facilities for the storage and use of the publications, and to provide free access to the publications for the use of its patrons; and
4. To determine the necessity of and to make arrangements for the conversion of state publications to microform and to establish a system to assure the availability of said microform for distribution to designated depository libraries; and
5. To prepare and publish official lists of state publications and to distribute said lists to all contracting depository libraries, other libraries within this state, and every agency; and
6. To determine the quantity of each publication of an agency to a maximum of twenty-five copies required to meet the needs of the state publications depository library system and to notify each agency of the required quantity; and
7. To distribute copies of state publications as follows:
a. One copy to the United States Library of Congress,
b. Two copies for the collection of state publications within the Publications Clearinghouse, and
c. Selected copies to each depository library; and
8. To receive for use and for exchange purposes a maximum of fifty copies of all state legal publications including bar journals and official reports of decisions, codes, opinions, rules and regulations, and one hundred ten copies of Oklahoma Statutes, Oklahoma Statute Supplements, and Oklahoma Session Laws; and
9. To compile and maintain a permanent record of state publications.
Added by Laws 1978, c. 165, § 3. Amended by Laws 1981, c. 272, § 15, eff. July 1, 1981; Laws 1984, c. 13, § 3, eff. Nov. 1, 1984; Laws 1992, c. 322, § 5, eff. July 1, 1992.
§65-3-114. Deposit of state publications with Publications Clearinghouse - Failure to comply.
A. Every agency except institutions of higher education, but specifically including any board of regents for higher education, which issues a state publication shall immediately deposit a maximum of twenty-five copies with the Publications Clearinghouse.
B. Upon failure of an agency to comply with the provisions of this section, the Director of the Department of Libraries shall forward a written notice of the failure to the chief administrative officer of the agency. The notice shall state a reasonable time, not to exceed thirty (30) days, in which the agency shall fully comply. Further failure to comply shall be reported in writing to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Attorney General. The Attorney General shall immediately institute mandamus proceedings to secure compliance by said agency.
Added by Laws 1967, c. 45, § 3-114, emerg. eff. April 6, 1967. Amended by Laws 1978, c. 165, § 5; Laws 1984, c. 13, § 4, eff. Nov. 1, 1984.
§65-3-115. Copies to other states, territories or possessions and The Library of Congress - Exchange agreements - Surplus publications.
The Publications Clearinghouse, pursuant to exchange agreements, shall send copies of state publications to the official library of each of the states, territories, and possessions of the United States and to The Library of Congress, may exchange copies for the publications of other governments or organizations, and may send copies upon request to other entities or persons. The Department of Libraries may sell at the fair market value or otherwise dispose of any surplus publications. Any receipts shall be deposited pursuant to the provisions of Section 3-107 of this title.
Added by Laws 1967, c. 45, § 3-115, emerg. eff. April 6, 1967. Amended by Laws 1978, c. 165, § 6; Laws 1984, c. 13, § 5, eff. Nov. 1, 1984.
§65-3-116. Citation.
This act shall be known and may be cited as the "Corner Perpetuation and Filing Act".
Added by Laws 1978, c. 140, § 1, eff. Oct. 1, 1978.
§65-3-117. Purpose.
It is the purpose of this act to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners, thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.
Added by Laws 1978, c. 140, § 2, eff. Oct. 1, 1978.
§65-3-118. Definitions.
As used in this act:
1. "Property corner" means a geographic point on the surface of the earth, and is on, a part of, and controls a property line;
2. "Property controlling corner" means a public land survey corner, or any property corner, which does not lie on a property line of the property in question, but which controls the location of one or more of the property corners of the property in question;
3. "Public land survey corner" means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government;
4. "Accessory to a corner" means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects;
5. "Monument" means a physical structure that occupies the exact position of a corner;
6. "Reference monument" means a special monument that does not occupy the same geographical position as the corner itself, but whose spatial relationship to the corner is recorded, and which serves to witness the corner;
7. "Surveyor" means any person who is authorized by the laws of this state to practice land surveying;
8. "Board" means the State Board of Registration for Professional Engineers and Land Surveyors; and
9. "Division" means the Office of Archives and Records of the Oklahoma Department of Libraries.
Added by Laws 1978, c. 140, § 3, eff. Oct. 1, 1978. Amended by Laws 1992, c. 322, § 6, eff. July 1, 1992.
§65-3-119. Public land survey corner records - Filing.
A. A surveyor shall complete, sign and file with the Division a written record of the establishment or restoration of a public land survey corner. This record shall be known as a "public land survey corner record" and such a filing shall be made for every public land survey corner and accessory to such public land survey corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The survey information shall be filed within ninety (90) days after the survey is completed, unless the public land survey corner and its accessories are substantially, as described in an existing public land survey corner record, filed in accordance with the provisions of this act.
B. A surveyor may file or record any corner record as to any property corner, property controlling corner, reference monument or accessory to a corner.
C. The Board shall, by regulation, provide and prescribe the information which shall be necessary to be included in the public land survey corner record and the Board shall prescribe the form in which such public land survey corner record shall be presented and filed or recorded.
D. No corner record shall be filed or recorded unless it is signed by a land surveyor as defined herein, or in the case of an agency of the United States government, the certificate may be signed by the survey party chief making the survey.
Added by Laws 1978, c. 140, § 4, eff. Oct. 1, 1978.
§65-3-120. Public land survey corner record book - Index - Filing and recording fees - Exemptions.
A. The Division shall receive the completed public land survey corner record and preserve it in an appropriate book. The books shall be in numerical order; provided, however, public land survey corner records may also be preserved in the same manner as any other recorded instruments.
B. The Division shall provide a suitable system for indexing said documents, whereby access and recovery of the information contained therein shall be readily accessible and available for the use of the public.
C. The Division may charge a reasonable filing fee for the filing and recording of the information. However, all corners, monuments and their accessories established prior to the effective date of this act, for which a written record is completed as required herein, and which are offered for filing or recording within six (6) months of the effective date of this act, shall be accepted and filed by the Division without requiring the payment of fees therefor.
D. Corner records concerning corners established, reestablished or restored may be filed or recorded before the effective date of this act.
Added by Laws 1978, c. 140, § 5, eff. Oct. 1, 1978.
§65-3-121. Reconstruction or rehabilitation of monument corners.
In every case where a corner record of a public land survey corner is required to be filed or recorded under the provisions of this act, the surveyor shall reconstruct or rehabilitate the monument of such corner, and accessories to such corner so that it will be as permanent a monument as is reasonably possible to provide and so that it may be located with facility at any time in the future.
Added by Laws 1978, c. 140, § 6, eff. Oct. 1, 1978.
§65-3-122. Federal government surveys.
All federal government surveys performed by authorized personnel of agencies of the federal government shall be subject to the provisions of this act but shall be exempt from filing fees required in Section 5 of this act.
Added by Laws 1978, c. 140, § 7, eff. Oct. 1, 1978.
§65-3-123. Failure to comply with act.
A surveyor failing to comply with the provisions of this act shall be subject to the revocation or suspension of his certificate of registration, after a hearing by the Board.
Added by Laws 1978, c. 140, § 8, eff. Oct. 1, 1978.
§65-4. Repealed by Laws 1953, p. 319, § 8.
§65-4-101. Authority for establishment.
Counties, cities and towns are hereby authorized and empowered to join in creation, development, operation and maintenance of public libraries to serve multicounty systems, and to appropriate and allocate funds for the support of such systems. Such systems shall provide equitable library services to all persons in the district.
To insure the effective development of library service in all rural and urban areas, the creation and organization of library systems and the district to be served shall be subject to approval by the Oklahoma Department of Libraries Board in accordance with the provisions of Article X, Section 10A of the Oklahoma Constitution. After establishment, library systems shall be subject to accreditation by the Oklahoma Department of Libraries Board.
Parts of an adjacent county may be added to or included in multicounty systems if these additions are determined by agreement of the system board, the petitioning parties, and the Oklahoma Department of Libraries Board to be the most feasible way to provide public library services to such part of a county.
Special levies of any and all taxes authorized to be levied by counties, cities and towns under this and other Oklahoma Statutes as amended and the Oklahoma Constitution as amended are hereby authorized to be levied for support of library systems.
When any multicounty system is established under provisions of this act, existing public libraries in the district may be incorporated into the system under a unified administration by act of local governing bodies or vote of the people as provided in the procedure for establishment. Existing public libraries not incorporated into the system shall have the same relationship to the system as similar public libraries outside the district have to the local system and to other systems.
Added by Laws 1967, c. 45, § 4-101, emerg. eff. April 6, 1967. Amended by Laws 1992, c. 322, § 7, eff. July 1, 1992.
§65-4-102. Procedure for establishment and termination.
A library system may be created by resolution or ordinance approved by the boards of county commissioners or by the governing bodies of all cities or towns of two thousand (2,000) or more according to the latest U.S. Census within the proposed district, or by the county seat town if no city or town within a county has a population of at least two thousand (2,000), subject to approval by the Oklahoma Department of Libraries Board. Such resolution and ordinances shall specify the type of system to be created, the district to be served, organization of the governing board of the system, proposed financing including agreement to call for a vote of the people as necessary for special tax levies, and shall constitute application for approval by the Oklahoma Department of Libraries Board when submitted to the Board.
A library system may be created upon initiative of the county, city and town governing bodies concerned, or upon presentation of petitions to the board of county commissioners of each county signed by not less than ten (10%) percent of of the qualified electors of each county voting in the latest preceding general election. Upon receipt of such petitions, the board of county commissioners of each county shall forthwith call for a countywide vote on the proposed library system.
When approval of the proposed system is granted by the Oklahoma Department of Libraries Board, the county, city and town governing bodies shall proceed with appointment of the system board and financing.
After appointment of the governing board of the library system, it may request demonstration library services by the Oklahoma Department of Libraries before approval of special tax levies and/or may request a grant of funds for interim services before collection of special tax levies by the people of the district.
The boards of county commissioners and the governing bodies of cities and towns involved in creation of a library system, and the governing board of the library system, are authorized to enter into contracts and agreements by and between such governing bodies and with other such library systems, special and school and college libraries, and the Oklahoma Department of Libraries in affecting the purposes of this article and other articles of this Code.
After a system has been created, another county or counties may be added to the system by action of the governing bodies of the applicant counties and cities as provided in the procedure for establishment.
Any library system created under the provisions of this Code may be terminated, or a part thereof may withdraw and resulting special tax levies shall be discontinued only by majority vote of qualified electors voting in an election called by petitions signed by not less than twenty (20%) percent of the qualified electors voting in the latest preceding general election of the county or counties wishing to terminate or withdraw.
This provision for termination of all or a part of a library system shall not prohibit the reorganization of any system, or the transfer of part of a system to another system or the merging of systems, by act of the county, city and town governing bodies with approval of the Oklahoma Department of Libraries Board, provided that such changes do not result in termination of library service in any other area for which such service has been approved.
Added by Laws 1967, c. 45, § 4-102, emerg. eff. April 6, 1967. Amended by Laws 1992, c. 322, § 8, eff. July 1, 1992.
§65-4-103. Governing boards - Membership - Tenure - Qualifications - Compensation.
(a) The Board of Trustees of a library system containing two or more counties, herein defined as a multicounty library system, shall consist of at least five (5) members. There shall be at least one member from each county appointed by the board of county commissioners. Additional members shall be appointed for each city within the system with a population of two thousand (2,000) or more, with these appointments to be made by the governing body of the city. In addition, any town with a population of at least one thousand (1,000), a distance of at least thirty (30) miles from the next nearest town having a board member, shall be entitled to a member, appointed by the governing board of such town, for a term of three (3) years. In counties with no city with a population of two thousand (2,000) or more, a member shall be appointed by the governing body of the county seat city or town. Should the board serving a multicounty unit result in fewer than five members, additional board members shall be appointed on a proportional basis agreed upon by the county governments involved.
(b) Initial appointments shall be distributed among one-, two- and three-year terms, with one-third (1/3) of the appointments to be made for one (1) year, one-third (1/3) to be made for two (2) years and one-third (1/3) for three (3) years. Subsequent appointments shall be for three-year terms, except in the case of an appointment to fill a vacancy in the membership of the system board, which appointment shall be for the remainder of the unexpired term of the member where death, resignation or removal has created the vacancy. A partial term of not more than eighteen (18) months served immediately prior to a full three-year term shall not be counted as a full term. No person shall serve more than two full successive terms. Provided that a person who previously served for two (2) successive terms or less may be reappointed if two (2) years has expired since the person's last service on the board. All tenure of initial and future appointees shall expire on June 30 of the designated year. A member of a system board once qualified can thereafter be removed by the appointive authority during his term of office only for misconduct or neglect of duty.
(c) Appointments to the system board shall be made on the basis of ability, a sound understanding of the total responsibilities and objectives of public libraries and an active interest in the attainment of these comprehensive goals. Appointive members shall be qualified electors and bona fide residents of the counties from which they are appointed. No member of the system board shall in any way be connected with the business of publishing or selling books, periodicals or other forms of library materials nor with the business of manufacturing or selling library supplies or equipment.
(d) All system board members shall serve thereon without compensation except actual and necessary travel expenses as authorized by the State Travel Reimbursement Act. Individual memberships for systems board members in state, regional, and national library associations and expenses incurred in attending conferences of these associations, board meetings and other library and library-related meetings may be paid from library funds upon proper authorization of the board.
Added by Laws 1967, c. 45, § 4-103, emerg. eff. April 6, 1967. Amended by Laws 1976, c. 45, § 1, emerg. eff. April 9, 1976; Laws 1992,