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Repealed by Laws 1953, p. 319, § 8.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