Okla. Stat. tit. 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Repealed by Laws 1953, p. 319, § 8.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. 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 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 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. §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.