Oklahoma § 65-3

§ 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Repealed by Laws 1953, p. 319, § 8.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.

Oklahoma Statutes - Title 65. Public Libraries

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

Oklahoma Statutes - Title 65. Public Libraries

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.

Oklahoma Statutes - Title 65. Public Libraries

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.

Oklahoma Statutes - Title 65. Public Libraries

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 - Electronic publications.

A. 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 promulgate rules necessary to

implement the functions and duties of the Publications Clearinghouse

as provided for by law.

B. It is the intent of the Legislature that state agencies

issue publications in an electronic format whenever possible, unless

such issuance would interfere with the availability to the public of

such publications and the information contained therein. It is the

further intent of the Legislature that the Publications

Clearinghouse and the Oklahoma Department of Libraries disseminate

links to or other means by which to access publications to the same

recipients required by law to receive copies or who have

Oklahoma Statutes - Title 65. Public Libraries

traditionally received copies of publications not published in an

electronic format. A directory of the links to the publications

shall be prominently featured on the ok.gov portal.

Added by Laws 1978, c. 165, § 1. Amended by Laws 1984, c. 13, § 1,

eff. Nov. 1, 1984; Laws 2010, c. 250, § 1, eff. Nov. 1, 2010.

§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;

2. Other than publications issued in an electronic format, to

collect state publications from every agency and to retain and

preserve permanently a minimum of two copies of the publications;

3. For publications issued in an electronic format, to

electronically retain and preserve permanently such publications or

the information contained therein, and to facilitate free public

access to such publications or information;

4. 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 the

depository library, and the contracting library agrees to receive

and maintain the collection of publications and not to dispose of

publications without prior approval of the Publications

Clearinghouse, to provide adequate facilities for the storage and

Oklahoma Statutes - Title 65. Public Libraries

use of the publications, and to provide free access to the

publications for the use of its patrons;

5. To determine the necessity of and to make arrangements for

the conversion of state publications to microform or electronic

formats and to establish a system to assure the availability of such

publications for distribution to designated depository libraries;

6. To prepare and publish official lists of state publications

and to distribute the lists to all contracting depository libraries,

other libraries within this state, and every agency;

7. For publications not published in an electronic format, 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;

8. To distribute copies of state publications not published in

an electronic format 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;

9. To receive for use and for exchange purposes a maximum of

fifty copies of all state legal publications not published in an

electronic format, including bar journals and official reports of

decisions, codes, opinions, rules and regulations, and sixty copies

of Oklahoma Statutes, Oklahoma Statute Supplements, and Oklahoma

Session Laws; and

10. 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; Laws 2010, c. 250, § 2,

eff. Nov. 1, 2010.

§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 file the

publication electronically, in compliance with the provision of any

applicable section of Title 62 of the Oklahoma Statutes that is

related to submission of state publications. If a state publication

cannot be filed electronically, a maximum of twenty-five copies

shall be deposited with the Publications Clearinghouse in lieu of

the electronic filing and the agency shall include an explanation of

the reason the document cannot be filed electronically.

B. Upon failure of an agency to comply with the provisions of

this section, the Director of the Department of Libraries shall

Oklahoma Statutes - Title 65. Public Libraries

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 the 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; Laws 2010, c. 250, § 3, eff. Nov. 1, 2010; Laws 2013, c.

358, § 26, eff. July 1, 2013.

§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.

Oklahoma Statutes - Title 65. Public Libraries

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, charcoalfilled 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.

Oklahoma Statutes - Title 65. Public Libraries

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.

Oklahoma Statutes - Title 65. Public Libraries

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.