Oklahoma § 65-1

§ 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Repealed by Laws 1953, p. 319, § 8.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

Oklahoma Statutes - Title 65. Public Libraries

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.

Oklahoma Statutes - Title 65. Public Libraries

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:

Oklahoma Statutes - Title 65. Public Libraries

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.

C. All registration information of minors collected by any

library which is supported in whole or in part by public funds

including but not limited to public, academic, school or special

libraries shall not be disclosed to any person except:

1. Persons acting only within the legitimate scope of their

duties in the administration of the library;

2. Persons authorized to inspect such records, in writing, by

the individual; or

3. By order of a court of law.

For purposes of this section, "registration information" includes

any information required of a minor in order to become eligible to

borrow books, utilize library services, and other materials.

D. Any suspicious requests for records of minors that may be

indicative of criminal intent shall be reported immediately to

appropriate law enforcement authorities.

Added by Laws 1985, c. 81, § 1, eff. Nov. 1, 1985. Amended by Laws

1986, c. 98, § 1, eff. Nov. 1, 1986; Laws 2013, c. 26, § 1, emerg.

eff. April 12, 2013.

§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

Oklahoma Statutes - Title 65. Public Libraries

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.

1992.

Repealed by Laws 1992, c. 322, § 21, eff. July 1,

§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

Oklahoma Statutes - Title 65. Public Libraries

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, vicechairman, 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;

Oklahoma Statutes - Title 65. Public Libraries

(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 the Office of Management and Enterprise

Services for approval and payment.

Added by Laws 1992, c. 321, § 1, eff. July 1, 1992. Amended by Laws

2012, c. 304, § 528.

Oklahoma Statutes - Title 65. Public Libraries

§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

Oklahoma Statutes - Title 65. Public Libraries

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.