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%&'((!)'"#*( '($
$(+,# (-
-(+./#./",-
/!!#,( !'-
%/!,0(/'*1)*'/2#3
$*4+"#*++('/!3
-/!/##,* !/3
3(+#,(.(#
(*45*,*4(*4
 (2(4(*/!
6/!+/!..****4
7/*4/.#*
%8(+ !.(+( (6
% (.(! #/'(6
%% (.(!#6
%$9++( (7
%-/!,0+/*'#*.#(7
%3*.(+(*:*8
-)+/(;/+8
-%)+,(.(!#+".(+,8
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§67-1. Petition to restore record by certified copy.
Whenever the record of any judgment or decree, or other
proceeding, of any court of this state, or any part of the record of
any judicial proceeding or any other public records, shall have been
lost or destroyed, any person interested therein may, on application
by petition in writing, under oath, to the proper court of the county
wherein the records were kept, on showing, to the satisfaction of
such court, that the same has been lost or destroyed without fault or
neglect of the person making such application, obtain on order from
such court, authorizing such defect to be supplied by a duly
certified copy of such original record, where the same can be
obtained; which certified copy shall, thereafter, have the same
effect as such original record would have had, in all respects.
R.L. 1910, § 7267.
§67-2. What necessary when certified copies cannot be had.
Whenever the loss or destruction of any such record or part
thereof shall have happened, and such defect cannot be supplied, as
provided in the next preceding section, any person interested therein
may make a written application to the proper court of the county
wherein the records were kept, verified by affidavit, showing the
loss or destruction thereof; that certified copies thereof cannot be
obtained by the person making such application; the substance of the
record so lost or destroyed; that such loss or destruction occurred
without the fault or neglect of the person making such application,
and that the loss or destruction of such record, unless supplied,
will or may result in damage to the person making such application;
and thereupon said court shall cause said application to be entered
of record in said court, and due notice of said application shall be
given that said application will be heard by said court. And if,
upon such hearing, said court shall be satisfied that the statements
contained in said written application are true, said court shall make
an order, reciting the substance and effect of said lost or destroyed
record; which order shall be entered of record in said court, and
have the same effect which said original record would have had if the
same had not been lost or destroyed, so far as concerns the person
making such application, and the persons who shall have been
notified, as provided in this section. The record, in all cases
where the proceeding was in rem, and no personal service was had, may
be supplied upon like notice, as nearly as may be, as in the original
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proceeding. The court in which the application is pending may, in
all cases in which publication is required, direct, by order, to be
entered of record, the form of the notice, and designate the
newspaper in which the same shall be published.
R.L. 1910, § 7268.
§67-3. Restoration of lost probate records.
In case of the destruction by fire or otherwise of the records,
or any part thereof, of any district court, the judge of such court
may proceed upon his own motion, or upon application in writing of
any party in interest, to restore the records, papers and proceedings
of his court relating to the estate of deceased persons, including
recorded wills and wills probated or filed for probate in said court;
and for the purpose of restoring said records, wills, papers or
proceedings, or any part thereof, may cause citations to be issued to
any and all parties to be designated by him, and may compel the
attendance in court of any witnesses whose testimony may be necessary
to the establishment of any such record or part thereof, and the
production of any and all written or documentary evidence which may
be by him deemed necessary in determining the true import and effect
of the original record, will, paper or other document belonging to
the files of said court; and may make such orders and decrees
establishing said original record, will, paper, document or
proceeding, or the substance thereof, as to him shall seem just and
proper; and such judge may make all such rules and regulations
governing the said proceedings for the restoration of the record,
will, paper, document or proceeding pertaining to said court, as in
his judgment will best secure the rights and protect the interests of
all parties concerned.
R.L. 1910, § 7269.
§67-4. Restoration from Supreme Court files.
In all causes which have been removed to the Supreme Court the
record whereof in the lower court shall have been lost or destroyed,
a duly certified copy of the record of such cause remaining in the
said Supreme Court may be filed in the court from which said cause
was removed, on motion of any person interested therein; and the copy
so filed shall have the same effect as the original record would have
had if the same had not been lost or destroyed.
R.L. 1910, § 7270.
§67-11. County records destroyed replaced by other records.
Whenever it shall appear that the records, or any material part
thereof, of any county in this state have been destroyed by fire or
otherwise, any map, plat, deed, conveyance, contract, mortgage, deed
of trust, or other instrument in writing affecting real estate in
such county, which has been heretofore recorded, or certified copies
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thereof, may be recorded in the place of such county records; and in
recording the same the register of deeds shall record the certificate
of the previous record, and the date of filing for record appearing
in said original certificate so recorded shall be deemed and taken as
the date of the record thereof. And copies of any such record, so
authorized to be made under this section, duly certified by the
register of deeds of any such county, under his seal of office, shall
be received in evidence, and have the same force and effect as
certified copies of the original record.
R.L. 1910, § 7271.
§67-12. County clerk authorized to rerecord without expense.
The county clerk of any county, as ex officio register of deeds,
is hereby authorized and directed to receive for record and to record
any deed, mortgage or other instrument entitled to record; provided,
that said rerecording of any such instrument shall be made by said
county clerk without expense to the person furnishing and submitting
said instrument for rerecording.
Added by Laws 1915, S.J.R. No. 37, § 1.
§67-13. Recording of certified copies of records of another county.
In any county of this state where the records have been burned or
destroyed, as specified in the last section, and any map, plat, deed,
conveyance, contract, mortgage, deed of trust or other instrument in
writing affecting real estate in such county, has been recorded in
any other county of this state, certified copies of the same, may be
recorded in such county, where the records have been so burned or
destroyed, and in recording the same the register of deeds shall
record all certificates attached thereto: and if any of such
certificates show the previous recording of the same in the county
where the records have been burned or destroyed, the date of filing
for record in such county appearing in said certificate so recorded
shall be deemed and taken as the date of the record thereof. And
copies of any such record, so authorized to be made under this
section, duly certified by the register of deeds of any such county,
under his seal of office, shall be received in evidence, and have the
same force and effect as certified copies of the original record.
R.L. 1910, § 7272.
§67-14. County record supplied by court records.
Whenever in any court of record in this state, or any other
state, or in any court of the United States, there are original or
certified copies of any deed, conveyance, contract, mortgage, deed of
trust, or other instrument in writing affecting real estate in any
county where the records have been so burned or destroyed, copies
thereof, certified by the clerk of such court, under his seal of
office, may be made and recorded in such county, and in recording the
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same the register of deeds shall record all the certificates attached
thereto; and if any of such certificates show the previous recording
of the same in the county where the records have been so burned or
destroyed, the date of filing for record in such county appearing in
said certificate so recorded shall be deemed and taken as the date of
the record thereof. Copies of any such record, so authorized to be
made under this section, duly certified by the register of deeds of
any such county, under his seal of office, shall be received in
evidence, and have the same force and effect as certified copies of
the original record.
R.L. 1910, § 7273.
§67-15. Restoration of plat or map.
Whenever the public record of any plat or map, which is required
by law to be kept by the register of deeds, has been lost, injured or
destroyed by fire or otherwise, it shall be the duty of the district
attorney of the county in which such injury, loss or destruction has
occurred, forthwith to file in the district court an information
setting forth substantially the fact of such injury, loss or
destruction, with the circumstances attending the same, as near as
may be; and thereupon the clerk of such court shall cause such
information to be published in full in one or more newspapers
published in such county, for the period of four (4) weeks, together
with a notice, addressed to "All whom it may concern," that the court
will, at a term therein designated, to be held not less than four (4)
weeks from the first publication of such information and notice,
proceed to hear and determine the matters in said information set
forth, and will take testimony for the purpose of reproducing and
reestablishing such records of maps and plats as the court shall find
to be injured, lost or destroyed.
R.L. 1910, § 7274.
§67-16. Hearing - Filing and recording.
Upon such publication being made, all persons interested shall be
deemed defendants, and may appear in person or by counsel, and be
heard touching such proceedings. If the court shall be satisfied
that any public record of maps and plats has been injured, lost or
destroyed, an order to that effect shall be entered of record, and
thereupon the court shall proceed to take testimony for the purpose
or reproducing and reestablishing the record so injured, lost or
destroyed. The proceedings may be continued from time to time,
whether in term or not, and orders and decrees shall be made as to
each map or plat separately. The clerk shall cause all maps and
plats adjudged by the court to be correct copies of the records
injured, lost or destroyed, as often and as soon as they are so
adjudged, to be filed in the office of the register of deeds, with a
certified copy of the order or judgment of the court in the premises
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attached thereto, and recorded in a book to be provided for that
purpose. And the said record shall be deemed and taken in all courts
and places as a public record, and as a true and correct reproduction
of the original record so injured, lost or destroyed.
R.L. 1910, § 7275.
§67-17. Costs to be taxed against county.
All costs and expenses incurred in the proceeding under the last
preceding section, including copies of maps and plats and recording
the same, shall be taxed as costs against the county in which such
proceedings are had.
R.L. 1910, § 7276.
§67-18. Duty of county commissioners in restoring records.
Whenever it shall appear that the records or any material part
thereof, of any county in this state, have been lost or destroyed by
fire or otherwise so that a connected chain of title cannot be
deduced therefrom, and are of record in any other county, or in any
office maintained by the state or by the United States for recording
and filing instruments, pertaining to or in any wise affecting the
title, boundary or description of property situated within such
county, then it shall be the duty of the board of county
commissioners of such county, immediately to employ some responsible
and experienced firm or person to transcribe or copy any part of the
records, deeds, patents, certificates, maps, plats, field notes or
files, from the records or files of such other county, or of any
office maintained by the state or by the United States for recording
and filing instruments pertaining to or in any wise affecting the
title, boundary or description of property situated within the bounds
of that county; and such copies or transcripts, when duly certified
to by the persons employed, or officer in charge of such records
shall become a part of the records in the register of deeds office of
such county; and the record so made shall have the same force and
effect as the record of the originals of such instruments, and the
board of county commissioners shall approve, accept, and pay for the
same as they are completed and delivered. The person or firm
employed to do such copying or transcribing shall give the county a
bond similar to bonds given by abstractors, in the sum of Five
Thousand Dollars ($5,000.00).
R.L. 1910, § 7277.
§67-19. Procuring documents or copies.
It shall be the duty of the county commissioners of such county,
to procure from the United States authorities and the state or county
authorities, or elsewhere, all such maps, tracts, and books, or
official or properly authenticated copies thereof as relate to any of
the lands in such county, and cause the same to be recorded in the
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office of the register of deeds of such county, at a fee not
exceeding the actual cost of clerical work necessary for properly
recording same.
R.L. 1910, § 7278.
§67-20. Restoration of records by means of abstracts.
It shall be the duty of the judge of the county court, or the
judge of the district court of any county in this state, in which any
public records have been lost or destroyed to examine into the state
of the records in such county, and in case he finds any abstracts,
copies, minutes or extracts from said records existing after such
destruction as aforesaid, and finds that said abstracts, copies,
minutes or extracts were fairly made before the destruction of the
records by any person, in the ordinary course of business, and that
they contain a material and substantial part of said records, and,
that such abstracts, copies, minutes and extracts tend to show a
connected chain of title to the land in said county, the said judge
shall certify the facts found by him in respect to such abstracts,
copies, minutes and extracts, and said judge, shall cause all
evidence produced as to said abstract books to be reduced to writing,
and shall cause all such evidence to be spread of record, as a part
of the order of said court.
R.L. 1910, § 7279.
§67-21. Abstract records may be purchased.
Upon filing of a certificate of such county or district judge
with the clerk of the county, the county commissioners may, with the
approval of the judge of the county or district court, of the county
purchase from the owners thereof such abstracts, copies, minutes or
extracts, or such part thereof as may tend to show a connected chain
of title to the land in such county, including all such judgments and
decrees as form a part of any such chain of title, paying therefor
such fair and reasonable price as may be agreed upon between them and
such owners; the amount thus agreed to be paid for such abstracts,
copies, minutes or extracts shall be paid by such county in money or
in bonds, to be issued by said county as the county commissioners may
determine, or such county commissioners may, with said approval,
procure a copy of said abstracts, copies, minutes and extracts,
instead of the original, to be paid for in like manner.
R.L. 1910, § 7280.
§67-22. Abstractor may petition.
Any owner of said abstracts, copies or minutes shall have the
right to file a petition at any regular term of the county or
district court of the county, in which petition he shall set forth
the manner in which such abstracts, copies or minutes were made or
procured, and if the court shall find from the evidence produced
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(which evidence shall be preserved as hereinbefore provided) that
said abstracts, copies, or minutes were fairly made in the regular
course of business before such destruction of the records, the court
shall enter his decree to that effect, and the evidence produced on
the trial of said cause shall be entered of record at large as a part
of the decree of the court. And thereupon said abstracts, copies or
minutes of said burnt records shall be taken as prima facie evidence
of all such matters as they contain (but no such abstract, copies,
minutes or extracts shall be taken or held to be prima facie evidence
of what they contain that does not purport to recite all deeds and
mortgages previously executed and recorded, and describing the
several tracts of land and town lots to which said abstracts, copies,
minutes or extracts refer from the date of entry): Provided, that
all abstracts to separate tracts of lands made by the owner of said
abstracts shall also be taken as prima facie evidence of what they
contain when they shall be accompanied with an affidavit signed and
sworn to by the owner of said abstracts, copies, minutes or extracts,
showing that said separate abstracts contain a full, true and perfect
copy of all transfers on the tracts set forth in said separate
abstracts as appears upon said abstracts, copies, minutes or
extracts, as established by the county or district court of the
county, and that said separate abstracts contain all deeds, mortgages
and other liens on said separate tracts, as shown by said abstracts,
copies, minutes or extracts established as aforesaid.
R.L. 1910, § 7281.
§67-23. Effect of record of abstracts.
Said abstracts, copies, minutes and extracts, or said copies
thereof, if so bought as aforesaid, shall thereupon be placed in the
office of the register of deeds of such county, to be copied, and
arranged in such form as the county commissioners shall deem best for
the public interest, and in case the originals have been lost or
destroyed, or are not in the power of the party asking to use the
same on any trial or other proceeding, copies of the same or any part
thereof, duly certified by the register of deeds of such county,
shall be admissible as evidence in all the courts in this state.
R.L. 1910, § 7282.
§67-24. County clerk to furnish copies - Compensation.
It shall be the duty of the register of deeds of such county to
furnish to any parties requesting it (upon being paid the charges
herein provided for) certified copies of the same, or parts thereof;
and for the purpose of repaying the cost of the same to the county,
the county commissioners may fix a compensation, to be paid to the
county, in addition to the fees allowed by law to the register of
deeds for transcribing the same.
R.L. 1910, § 7283.
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§67-25. Prima facie evidence.
In all causes in which any abstracts, copies, minutes and
extracts, or copies thereof, shall be received in evidence under any
of the provisions of this article, all deeds or other instruments of
writing appearing thereby to have been executed by any person, shall
be presumed to have been executed and acknowledged according to law;
and all sales under powers, and all judgments, decrees and legal
proceedings, and all sales thereunder shall be presumed to be regular
and correct, except as against the persons in this section before
mentioned, and any person alleging any defect or irregularity in any
such conveyance, acknowledgment, sale, judgment, decree or legal
proceeding shall be held bound to prove the same, and any deed proved
under the provisions of this article, purporting to be based upon the
execution of any power or upon a judgment or decree shall be prima
facie evidence of the existence of such power, judgment or decree:
Provided, that nothing herein contained shall impair the effect of
said destroyed record or notice.
R.L. 1910, § 7284.
§67-41. Power of courts after destruction of records.
In case of such destruction of records, as aforesaid, any and all
courts in such county having jurisdiction shall have power to inquire
into the condition of any title to or interest in any land in such
county, and to make all such orders, judgments and decrees as may be
necessary to determine and establish said title or interest legal or
equitable, against all persons known or unknown, and all liens
existing on such land, whether by statute, judgment, mortgage, deed
of trust or otherwise.
R.L. 1910, § 7285.
§67-42. Owner of lands may petition for confirmation of title.
It shall be lawful for any person claiming title to any lands in
such county at the time of the destruction of such records, and for
all claiming under any such person, to file a petition in the
district court in such county, praying for a decree establishing and
confirming his said title. Any number of parcels of land may be
included in one petition, or separate petitions may be filed, as the
petitioner may elect. Said petition shall state clearly the
description of said lands, the character and extent of the estate
claimed by the petitioner, and from whom, and when, and by what mode
he derived his title thereto. It shall give the names of all persons
owning or claiming any estate in fee in said lands, or any part
thereof, and also all persons in possession of said lands, or any
part thereof, and also all persons to whom any such lands shall have
been conveyed, and the deeds of such conveyances recorded in the
office of the register of deeds of such county, since the time of the
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destruction of such records as aforesaid, and prior to the time of
filing of such petition, and their residences, so far as the same are
known to said petitioner; and if no such persons are known to said
petitioner, it shall be so stated in said petition. All persons so
named in said petition shall be made defendants, and shall be
notified of said suit by summons, if residents of this state, in the
same manner as required in civil proceedings by the laws of this
state: Provided, that the notice specified in Sections 7287 and 7288
shall be the only publication notice required, either in case of
residents, nonresidents or otherwise; all other persons shall be
deemed and taken as defendants, by the name or designation of "All
whom it may concern". Said petition shall be verified by the
affidavit of the petitioner, or by the agent of said petitioner; and
any party so swearing falsely shall be deemed guilty of perjury and
punished accordingly and shall be liable in damages to any person
injured by such false statement, to be recovered in an action on the
case in any court having jurisdiction thereof.
R.L. 1910, § 7286.
§67-43. Record and notice.
It shall be the duty of the clerk of the court in which said
petition is filed, to enter, in a separate book to be kept for the
purpose, the names of the petitioners and defendants, the date of
filing said petition, and a description of all the lands included
therein, which record shall be at all times open to the public. All
lands in each separate town, addition, section or subdivision shall
be entered on the same page or consecutive pages, with an index to
said book showing on what page any such separate town, addition,
section or subdivision may be found. Said clerk shall also, in all
cases, cause publication of notice to be made of the filing of said
petition, which notice shall be entitled "Land Title Notice", and
shall be substantially as follows:
A. B. C. D. etc. (here giving the names of all known defendants,
if any), and to all whom it may concern:
Take notice ______ that on the ____ day of _____, A. D., 19___, a
petition was filed by the undersigned in the _______ court of ______
county, to establish his title to the following described lands (here
insert a full description of the lands in said petition). Now,
unless you appear at the _____ term of said court (naming the first
term after thirty days from the first insertion of said notice), and
show cause against such application: said petition shall be taken for
confessed, and the title or interest of said petitioner will be
decreed and established according to the prayer of said petition, and
you forever barred from disputing the same.
______________,
Petitioner.
R.L. 1910, § 7287.
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§67-44. Publication of notice.
Said notice shall be published once a week for four (4) weeks
successively, the first insertion to be at least thirty (30) days
prior to said term of court, and the several publications shall all
be in the same newspaper in said county or if there is no newspaper
published in said county, then in a newspaper published in one of the
counties nearest thereto. The clerk of court wherein the petition
was filed, shall advertise for bids for publishing said notices (said
advertisement to be inserted one (1) week in at least two of the
principal newspapers in such county or the adjoining counties, to be
selected by the judge of the district court in said county), and the
publishing of said notices shall thereupon be awarded by said judge
to the newspaper making the lowest bid therefor; or if there are two
or more making the same bid, then said judge shall determine to which
of them said publishing shall be awarded, said award to be by order
of said court entered of record therein; and a copy of such order,
certified by the clerk of said court under the said seal thereof,
shall be transmitted to and entered of record in any other court in
such county having jurisdiction before which proceedings under this
section may be had. All publications provided for in this section
shall be made in the newspaper so designated. Said newspaper shall
not be changed unless the judge of said court shall, for good cause,
in his discretion, decide to change the same; in which case another
paper shall be selected in like manner, and the order naming or
changing said paper shall be entered of record, as aforesaid.
R.L. 1910, § 7288.
§67-45. Opposition to petition.
Any person interested may oppose any such petition, and file his
demurrer or answer thereto on or before the third day of the term of
court named in said publication notice, unless the time be extended
by order of court, and may also file a cross petition if he or she
desires to do so. Said answer shall admit, confess and avoid, or
deny all the material allegations of the petition, and shall, except
when made by guardian ad litem, be verified by the affidavit either
of the respondent or his agent, in the same manner as above required
in cases of the petition. Said answer shall have no other or greater
weight as evidence than the petition.
R.L. 1910, § 7289.
§67-46. Proceedings on hearing.
If no demurrer or other pleading or answer shall, be filed by the
third day of said term, or by the day allowed by the order of said
court, as above provided, the petition may be taken as confessed, and
a decree entered according to the prayer of said petition, upon proof
of the facts stated in said petition, but if any person shall file an
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answer, as aforesaid, to such petition, the court may hear evidence,
or order a reference to a referee or special commissioner to take
evidence and report, when the same proceedings shall be had as on a
reference to a referee or special commissioner under and according to
the practice in the courts of this state. If the petition included
more than one parcel of land, and no demurrer or answer shall be
filed as to some of said parcels the court may enter a decree pro
confesso as to those parcels as to which no demurrer or answer shall
be filed, and hear evidence, or order a reference as to the remaining
parcels.
R.L. 1910, § 7290.
§67-47. Court to determine title - Liens not affected.
It shall be competent for said courts in all such decrees,
whether pro confesso or on the report of any referee or special
commissioner, or otherwise, to determine and decree in whom the title
in any or all of the lands described in said petition is vested,
whether in the petitioner or in any other of the parties before the
court; but said decree shall not in any wise affect any lien or liens
to which said fee may be subject, and which have been created since
the destruction of such records, whether the same be by mortgage,
deed of trust, judgment, statute, mechanics' lien or otherwise, but
shall leave all such liens to be ascertained or established in some
other proceeding, or to be enforced as the parties holding them may
see fit.
R.L. 1910, § 7291.
§67-48. Decree conclusive - Except when.
Said decree of court, when entered, shall be binding and
conclusive: Provided, that any decree shall be subject to be opened,
modified, vacated or set aside on appeal sued within two (2) years
after the entry of such decree: Provided, further, that insane
persons and minors shall have two (2) years after their disabilities
are removed to prosecute a writ of error upon said decree: And
provided, further, that any decree entered upon any petition or cross
petition, which does not make defendant, by name, all persons who
shall be in possession of such lands or part thereof, at the time of
the filing of such petition, or which does not make defendant, by
name, all persons to whom any such lands shall have been conveyed,
and whose deeds of conveyance shall have been recorded in the office
of the register of deeds of such county since the time of the
destruction of the records, as aforesaid, and prior to the time of
the filing of any such petition, shall be absolutely void as to such
person omitted, but shall be final and conclusive as to all others:
And provided, further, that all defendants who shall not be actually
served with a summons in the suit in which such decree may be
rendered, shall have allowed to them one (1) year after the entry of
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such decree within which, upon petition to the court rendering the
same, to have the said decree vacated and set aside.
R.L. 1910, § 7292.
§67-61. Copy of record may be recorded.
In all cases when any original deed and the record thereof have
been lost or destroyed, it shall be lawful for any person having a
duly certified copy of said record to cause the same to be recorded,
which record shall have the same force and effect as now belong to
the record of original deeds.
R.L. 1910, § 7293.
§67-62. Legal representative may act hereunder.
Executors, administrators, guardians and trustees shall be
entitled to proceed under this article, in behalf of the interest and
rights they represent.
R.L. 1910, § 7294.
§67-63. Special commissioners - Fees.
The judges of courts having jurisdiction in such county shall
have power to appoint as many special commissioners from time to time
as they may deem necessary to carry out the provisions of this
article, to take evidence and report all such petitions as may be
referred to them. The fees of all referees, commissioners, clerks,
sheriffs, and all officers and employees, for services under this
article, shall not, in any case, exceed two-thirds (2/3) of the fees
provided by law for similar services.
R.L. 1910, § 7295.
§67-64. Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.
§67-65. Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.
§67-66. Repealed by Laws 1978, c. 285, § 1102, eff. Oct. 1, 1978.
§67-81. Copies of old records for new counties.
The board of county commissioners of any county, created in whole
or in part out of any county or counties, of the Territory of
Oklahoma, or to which territory taken from any other county may have
been attached, is hereby authorized and empowered to demand and
secure the original taxrolls, or a duly authenticated copy of the
same as herein provided of all of the property situated in all new
counties formerly a part of the old counties, and to copy or
transcribe, or to make contracts to procure copies or transcripts in
substantial record books such as are required for said instruments,
the same to be furnished by said counties so transcribing or copying
the same at a rate not to exceed five cents ($0.05) per folio, of the
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records and government field notes of any county so divided, or from
which territory may have been taken necessary to complete the
records, so that the said counties may have a complete record of any
such county or territory so affected. The party making such
transcript or copy of records and files, shall verify and certify
under oath to the accuracy of any such copy, copies or transcripts,
and such copy, copies or transcripts, so verified shall, after
approval by the board of county commissioners of said new county be
treated for all purposes as the original records of such county. One
certificate attached to each separate volume of such records or any
portion thereof, identifying the same by proper recitals, to be made
under the direction of the board of county commissioners, shall be
deemed for all purposes a sufficient authentication of such record.
R.L. 1910, § 7299.
§67-82. Custodians of records to facilitate copying.
It is hereby made the duty of any officer or person having
possession, custody or control of any record, book, paper, taxroll,
assessment or any other files or matter of record, or any portion of
same so required to be copied or transcribed, to produce and exhibit
all records, books, papers, taxrolls, assessments, and any other
files or matters of record in his possession, custody, or control,
and to permit and facilitate the copying or transcribing of any such
record, book, paper, taxroll, assessment and other file or matter of
record, or other evidence of any record or any portion thereof, when
requested by the board of county commissioners or anyone authorized
by them to make such copies or transcripts.
R.L. 1910, § 7300.
§67-83. Obstructing copying a felony.
If any officer or person having possession, custody or control of
any record, book, paper taxroll, assessment, or any other file or
matter of record, authorized herein to be copied or transcribed,
shall fail, refuse, or neglect, or in any manner hinder or delay,
after demand shall have been made to permit such transcribing or
copying, or who shall destroy, mutilate, conceal or remove any such
record, book, paper, taxroll, assessment, or any other file or matter
of record, or other evidence so required to be copied or transcribed,
or who shall cause or permit to be removed from its customary place
any such record, book, paper, taxroll, assessment, or any other file
or matter of record, or who shall refuse upon request to divulge the
location of any such record, book, paper, taxroll, assessment, or any
other file or matter of record, shall be deemed guilty of a felony,
and upon conviction in any court of competent jurisdiction shall be
fined in any sum not less than Two Hundred Fifty Dollars ($250.00)
nor more than Three Thousand Five Hundred Dollars ($3,500.00) and
confined in the State Penitentiary for a term of not less than one
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(1) year and not more than five (5) years, and any person so
convicted shall be forever barred from holding any office of profit
or trust within the State of Oklahoma.
R.L. 1910, § 7301. Amended by Laws 1997, c. 133, § 549, eff. July 1,
1999; Laws 1999, 1st Ex.Sess., c. 5, § 400, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 549 from July 1, 1998, to July 1, 1999.
§67-91. Adoption of system of recording - Equipment, supplies and
operators - Contracts for recording work.
The board of county commissioners of any county in this state may
by resolution adopt the system of photographic recording for any or
all offices of the respective counties where instruments are filed
which are required to be recorded in books to be kept for that
purpose. Said board of county commissioners in such counties where
such system of recording is adopted may purchase such machines,
equipment, and supplies as may be necessary and proper to do said
work and also employ a competent operator or operators to operate
said machines, the salary of such operator or operators to be fixed
by the board of county commissioners in such amount as they shall
deem advisable. In lieu of the purchase of said machines, equipment,
and supplies by the county, the board of county commissioners may, if
they deem it advisable, contract with some suitable person or
persons, firm, or corporation having proper machines and equipment
therefor to do all recording work required to be done in any office
in their respective counties and fix the compensation therefor. No
contract shall be made wherein the county shall be required to pay
for such work a greater price than sixty percent (60%) of the total
fees charged for such recording, as fixed by law at the time said
contract is entered into. The adoption of this system by any county
prior to the passage of this act, and the record heretofore made by
such system, are hereby validated.
Added by Laws 1923, c. 50, p. 87, § 1, emerg. eff. April 9, 1923.
Amended by Laws 1961, p. 497, § 1, emerg. eff. March 3, 1961.
§67-92. Contractor's bond - Term of contract.
The person, firm or corporation, to whom any contract may be
awarded under the provisions of this act, shall before entering upon
the duties provided in said contract and prescribed by law, execute
to the State of Oklahoma and file with the county clerk a bond in the
penal sum of not less than Five Thousand Dollars ($5,000.00), nor
more than Ten Thousand Dollars ($10,000.00), according as the board
of county commissioners shall determine, with one or more sufficient
sureties, to be approved by the board of county commissioners, which
bond shall be conditioned for the faithful performance of said
contract and the duties to be performed by said contractor as fixed
by the laws of this state. The term of said contract shall be fixed
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by the board of county commissioners for such period of time as they
may deem advisable, not to exceed two (2) years.
Added by Laws 1923, c. 50, p. 87, § 2, emerg. eff. April 9, 1923.
§67-93. Procedure in making photographic record - Place of doing
work - Liability for instruments.
When said work is done by contract, each instrument sought to be
recorded shall be first filed with the officer having charge of the
records of the office in which such instrument is sought to be
recorded, and by him entered in a receiving book, kept for that
purpose, and with reasonable dispatch thereafter delivered to such
person, firm or corporation designated in said contract, for the
purpose of recording, who shall with equal dispatch, make one
photographic copy thereof as a part of the official records of such
county, and immediately thereafter, deliver the original of such
instrument together with said photographic copy to the office in
which the same was received, and shall make, preserve and maintain an
additional photographic copy of said record in some suitable and safe
place, so that in the event of destruction or mutilation of the
official record, the same can be replaced or substituted from the
additional copy so preserved and maintained; provided, further, that
no record shall be removed from the county for the purpose of
photographing and when the work is done by contract, if not done at
the courthouse, the place of doing said work shall be definitely
fixed and described in said contract with reasonable accuracy and
certainty; provided, further, that the board of county commissioners
shall have the right and privilege to fix the size of the sheet upon
which such instrument is being photographed for record at the time of
making said contract; provided, further, that when any instrument is
delivered to the contractor for recording, the official bond of such
contractor shall be liable for the prompt and safe return of such
instrument to the office in which it belongs and during such interval
of time between delivery to the contractor and return to the proper
officer, such officer having the permanent custody and control of
said record shall not be liable on his official bond for the
preservation of such instrument; provided, further, that the
contractor shall give his receipt for every instrument at time of
receiving same and may require the officer to give receipt upon
return of such instrument.
Added by Laws 1923, c. 50, p. 88, § 3, emerg. eff. April 9, 1923.
Amended by Laws 1989, c. 367, § 4, eff. Nov. 1, 1989.
§67-94. Fees.
In all counties wherein photographic recording may be adopted,
the following fees shall be charged the public by the receiving
officer, to wit:
For the first page of deeds, mortgages and
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other instruments on billhead paper
(size 8 1/2 inches by 14 inches), per
instrument....................................... $ .75
For each additional page of same size, per
instrument....................................... .50
For recording contrasts or colors other
than black, white, green or red,
additional per page.............................. .10
For furnishing photographic copies of
typewritten script or printed
records, per page................................ .75
For furnishing photographic copies of
photographic records, per page................... .50
For each entry exceeding one on index,
including description of property................ .10
For recording town plat for the first 119
square inches or fractional part
thereof.......................................... .75
For each additional 119 square inches................ .50
For certifying to each photographic copy,
including seal................................... .25
Added by Laws 1923, c. 50, p. 88, § 4, emerg. eff. April 9, 1923.
§67-95. Replacements - Charges.
Whenever any contractor shall be required to replace any record
lost or destroyed, such contractor shall be entitled to have and
receive for such replacement, the original contract price in force at
the time demand is made for replacement, plus fifty percent (50%)
thereof, unless a different sum is specifically fixed in the original
contract.
Added by Laws 1923, c. 50, p. 88, § 5, emerg. eff. April 9, 1923.
§67-101. Repealed by Laws 1994, c. 62, § 1, eff. Sept. 1, 1994.
§67-102. Repealed by Laws 1994, c. 62, § 1, eff. Sept. 1, 1994.
§67-121. Repealed by Laws 1977, c. 256, § 1-106, eff. July 1, 1978.
§67-122. Repealed by Laws 1977, c. 256, § 1-106, eff. July 1, 1978.
§67-123. Repealed by Laws 1977, c. 256, § 1-106, eff. July 1, 1978.
§67-151. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-152. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-153. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
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§67-154. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-155. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-156. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-157. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-158. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-159. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-160. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-161. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-162. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-163. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-164. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-165. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-166. Repealed by Laws 1968, c. 67, § 1, eff. March 25, 1968.
§67-167. Repealed by Laws 1989, c. 367, § 13, eff. Nov. 1, 1989.
§67-168. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§67-201. Name.
This act shall be known as the "Records Management Act".
Added by Laws 1961, p. 498, § 1, eff. Jan. 2, 1962.
§67-202. Declaration.
The Legislature declares that programs for the efficient and
economical management of state and local records will promote economy
and efficiency in the day-to-day record-keeping activities of state
and local governments and will facilitate and expedite government
operations.
Added by Laws 1961, p. 498, § 2, eff. Jan. 2, 1962.
§67-203. Definitions.
As used in the Records Management Act, Section 201 et seq. of
this title:
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(a) "Record" means document, book, paper, photograph, microfilm,
computer tape, disk, record, sound recording, film recording, video
record or other material, regardless of physical form or
characteristics, made or received pursuant to law or ordinance or in
connection with the transaction of official business the expenditure
of public funds, or the administration of public property. Library
and museum material made or acquired and preserved solely for
reference or exhibition purposes and stocks of publications are not
included within the definition of records as used in this act.
(b) "State record" means:
(1) A record of a department, office, commission, board,
authority or other agency, however designated, of the state
government.
(2) A record of the State Legislature.
(3) A record of the Supreme Court, the Court of Criminal Appeals
or any other court of record, whether of statewide or local
jurisdiction.
(4) Any other record designated or treated as a state record
under state law.
(c) "Local record" means a record of a county, city, town,
village, township, district, authority or any public corporation or
political entity whether organized and existing under charter or
under general law unless the record is designated or treated as a
state record under state law.
(d) "Agency" means any department, office, commission, board,
authority or other unit, however designated, of the state government.
(e) "Essential record" means a state or local record necessary
to the operation of government during an emergency created by a
disaster, or necessary to protect the rights and interests of persons
or to establish and affirm powers and duties of governments in the
resumption of operations after a disaster.
(f) "Disaster" means any occurrence of fire, flood, storm,
earthquake, tornado, explosion, epidemic, riot, sabotage, or other
condition of extreme peril resulting in substantial damage or injury
to persons or property within this state, whether such occurrence is
caused by an act of nature or by persons, including an enemy of the
United States.
(g) "Preservation duplicate" means a copy of an essential record
used for preservation purposes pursuant to the Records Management
Act.
Added by Laws 1961, p. 498, § 3, eff. Jan. 2, 1962. Amended by Laws
1989, c. 367, § 5, eff. Nov. 1, 1989.
§67-204. State Records Administrator, State Librarian - Program.
The State Librarian, as the State Archivist, is hereby designated
the State Records Administrator, hereinafter called the
Administrator. The Administrator shall establish and administer a
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records management program, which will apply efficient and economical
management methods to the creation, utilization, maintenance,
retention, preservation and disposal of state records.
Added by Laws 1961, p. 498, § 4, eff. Jan. 2, 1962.
§67-205. Duties of Administrator.
1. The Administrator shall, with due regard for the functions of
the agencies concerned:
(a) Establish standards, procedures, and techniques for
effective management of records;
(b) Make continuing surveys of records and information
operations and recommend improvements in current records management
practices including the use of space, equipment and supplies employed
in creating, maintaining, storing and servicing records;
(c) Establish standards for the preparation of schedules
providing for the retention of state records of continuing value and
for the prompt and orderly disposal of state records no longer
possessing sufficient administrative, legal or fiscal value to
warrant their further keeping;
(d) Establish programs for the selection and preservation of
essential records; and
(e) Obtain reports from agencies as are required for the
administration of the program.
2. The Administrator may remove an essential record from its
legally designated and customary location if a disaster has occurred
or is imminent, make or cause to be made preservation duplicates, and
designate as preservation duplicates existing copies of essential
records.
Added by Laws 1961, p. 498, § 5, eff. Jan. 2, 1962. Amended by Laws
1989, c. 367, § 6, eff. Nov. 1, 1989.
§67-206. Duties of agency heads - Records exempt from act.
A. The head of each agency shall:
1. Establish and maintain an active, continuing program for the
economical and efficient management of the records of the agency;
2. Make and maintain records containing adequate and proper
documentation of the organization, functions, policies, decisions,
procedures and essential transactions of the agency designed to
furnish information to protect the legal and financial rights of the
state and of persons directly affected by the agency's activities;
3. Submit to the Administrator, in accordance with the standards
established by the Administrator, schedules proposing the length of
time each state record series warrants retention for administrative,
legal or fiscal purposes after it has been created or received by the
agency. The head of each agency also shall submit lists of state
records in the custody of the head of the agency that are not needed
in the transaction of current business and that do not have
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sufficient administrative, legal or fiscal value to warrant their
further keeping for disposal in conformity with the requirements of
Section 210 of this title;
4. Cooperate with the Administrator in the conduct of surveys
made by the Administrator pursuant to the provisions of this act; and
5. Comply with the rules, regulations, standards and procedures
issued by the Administrator.
B. Confidential health, life, disability and dental claims or
related files of the State and Education Employees Group Insurance
Program shall be exempt from this act.
Added by Laws 1961, p. 499, § 6, eff. Jan. 2, 1962. Amended by Laws
1989, c. 367, § 7, eff. Nov. 1, 1989; Laws 1998, c. 297, § 1, eff.
July 1, 1998.
§67-207. Local records management.
The governing body of each county, city, town, village, township,
district, authority or any public corporation or political entity
whether organized and existing under charter or under general law
shall promote the principles of efficient records management for
local records. Such governing body shall, as far as practical,
follow the program, established for the management of state records.
The Administrator shall, insofar as possible, upon the request of a
governing body provide advice on the establishment of a local records
management program.
Added by Laws 1961, p. 499, § 7, eff. Jan. 2, 1962.
§67-208. Records management program for legislative and judicial
branches.
Upon request, the Administrator shall advise and assist in the
establishment of records management programs in the legislative and
judicial branches of state government and shall, upon request,
provide a program of services similar to those available to the
executive branch of state government pursuant to the provisions of
this act.
Added by Laws 1961, p. 499, § 8, eff. Jan. 2, 1962.
§67-209. Prohibition on mutilation, destruction, etc. of records.
All records made or received by or under the authority of or
coming into the custody, control or possession of public officials of
this state in the course of their public duties shall not be
mutilated, destroyed, transferred, removed, altered or otherwise
damaged or disposed of, in whole or in part, except as provided by
law.
Added by Laws 1961, p. 499, § 9, eff. Jan. 2, 1962.
§67-210. Disposition of records.
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Except as otherwise provided by law, no state record shall be
destroyed or otherwise disposed of unless it is determined by the
Archives and Records Commission that the record has no further
administrative, legal, fiscal, research or historical value.
Added by Laws 1961, p. 499, § 10, eff. Jan. 2, 1962. Amended by Laws
1989, c. 367, § 8, eff. Nov. 1, 1989.
§67-211. Destruction of nonrecord materials - Procedure.
Nonrecord materials or materials not included within the
definition of records as contained in this act may, if not otherwise
prohibited by law, be destroyed at any time by the agency in
possession of such materials with the prior approval of the
Administrator. The Administrator may formulate procedures and
interpretation to guide in the disposition of nonrecord materials.
Added by Laws 1961, p. 499, § 11, eff. Jan. 2, 1962.
§67-212. Rules and regulations.
The Administrator shall promulgate such rules and regulations as
are necessary or proper to effectuate the purposes of this act,
except that rules and regulations relating to the disposal of records
pursuant to Section 10 of this act shall be issued jointly by the
Administrator and the Archives and Records Commission.
Added by Laws 1961, p. 499, § 12, eff. Jan. 2, 1962.
§67-213. Report to Governor by State Administrator.
The Administrator shall make a biennial report to the Governor
for transmission to the Legislature. The report shall describe the
status and progress of programs established pursuant to this act and
shall include the recommendations of the Administrator for
improvements in the management of records in the state government.
Added by Laws 1961, p. 500, § 13, eff. Jan. 2, 1962.
§67-214. Personnel - Expenditure of funds - Contract for records
management - Bond.
(a) When a state agency institutes a records management program
under the provisions of this act it is hereby authorized and directed
to furnish the Administrator with as many persons in its employ as he
considers necessary to carry on the program, and such employees shall
be under his direction and supervision while performing the duties
connected with the execution of the provisions of this act, and the
agency is furthermore authorized and directed to expend amounts from
any funds under its control that the Administrator requests for the
purpose of establishing and maintaining a records management program
in the agency.
(b) In the furtherance of a records management program a state
agency may contract, with the approval of the Administrator, with a
reputable records management organization, having at least five (5)
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years of experience in the techniques of records management
operations, for the establishment of a records management program in
the agency and may pay out sums for this purpose from any funds under
its control. Such organization shall give a performance bond with
good and sufficient sureties, payable to the State of Oklahoma, for a
sum not less than the amount of the contract and the bond shall be
approved by the Attorney General. All work performed under such
contract shall be under the general direction and supervision of the
Administrator and shall have his written approval before any payments
are made for such services.
Added by Laws 1961, p. 500, § 14, eff. Jan. 2, 1962. Amended by Laws
1968, c. 67, § 2, emerg. eff. March 25, 1968.
§67-215. Provisions cumulative.
The provisions of the Records Management Act, Section 201 et seq.
of this title shall not affect and are cumulative to other statutory
provisions pertaining to the disposition of records.
Added by Laws 1961, p. 500, § 15, eff. Jan. 2, 1962. Amended by Laws
1989, c. 367, § 9, eff. Nov. 1, 1989.
§67-216. Repealed by Laws 1980, c. 68, § 1, emerg. eff. April 10,
1980.
§67-217. Transfer of state records to Oklahoma City National
Memorial Foundation.
A. Notwithstanding any other law prohibiting the transfer or
disposal of state records, a state agency may transfer copies of
state records made or received by the agency pertaining to the April
19, 1995, bombing of the Alfred P. Murrah Federal Building in
Oklahoma City, Oklahoma, to the Oklahoma City National Memorial
Foundation, a not-for-profit corporation. Originals of state records
may be transferred if not otherwise required to be maintained by the
state agency. All records deemed to be private or confidential by
law or are restricted law enforcement, criminalistic, or
investigative records may be transferred provided the Foundation
agrees to hold the records as restricted or confidential records
pursuant to an agreement made with the State Records Administrator as
provided for in subsection B of this section.
B. The State Records Administrator shall enter into an agreement
with the Oklahoma City National Memorial Foundation on behalf of the
state for the transfer of state records to the Foundation. The
agreement shall outline the obligations of the state and the
Foundation in regards to the housing, maintenance, ownership,
liability, access, restriction, transfer, and destruction of the
records.
Added by Laws 2009, c. 40, § 2, emerg. eff. April 14, 2009.
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§67-251. Definitions.
As used in this act, "business" includes every kind of private
business, profession, occupation, calling or operation of private
institutions, whether carried on for profit or not. "Persons" means
an individual, partnership, corporation, or any other association.
"Record" or "business records" include books of account, vouchers,
documents, canceled checks, payrolls, correspondence, records of
sales, personnel, equipment and production, reports relating to any
or all of such records, and other business papers. "Reproduction"
means a reproduction or durable medium for making a reproduction
obtained by any photographic, photostatic, microfilm, microcard,
miniature photographic or other process which accurately reproduces
or forms a durable medium for so reproducing the original.
Added by Laws 1965, c. 453, § 1.
§67-252. Preservation period.
Unless a specific period is designated by law for their
preservation, business records which persons by the law of this state
are required to keep or preserve may be destroyed after the
expiration of three (3) years from the making of such records without
constituting an offense under such laws. This section does not apply
to minute books of corporation nor to records of sales or other
transactions involving weapons, poisons or other dangerous articles
or substances capable of use in the commission of crimes.
Added by Laws 1965, c. 453, § 2.
§67-253. Reproductions.
If in regular course of business a person makes reproductions of
original business records, the preservation of such reproductions
constitutes compliance with any laws of this state requiring that
business records be kept or preserved.
Added by Laws 1965, c. 453, § 3.
§67-254. Destruction of records by state officers.
Nothing in this act shall be construed to diminish the authority
of an officer of this state under existing law to permit the
destruction of business records.
Added by Laws 1965, c. 453, § 4.
§67-255. Construction.
This act shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states which
enact it.
Added by Laws 1965, c. 453, § 5.
§67-256. Citation.
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This act may be cited as the Uniform Preservation of Private
Business Records Act.
Added by Laws 1965, c. 453, § 6.
§67-301. Photographing, microphotographing or filming of records -
Standards - Preservation of original negatives.
A. 1. Any public officer of the state or any county, public
trust, authority or agency, city, municipality, district or legal
subdivision thereof, may cause any or all records, papers or
documents kept by him to be photographed, microphotographed,
reproduced on film, or duplicated in a manner acceptable to the State
Archives and Records Commission. The custodian of the records may
permit any record to be removed from his office for the purpose of
photographic filming or other duplication, and his responsibility for
their care and return shall continue during the times of their
removal from the area controlled by the custodian of the records
during photographic or duplication processes. The custodian of the
records shall, before delivering any records for photographing,
duplication or microphotographing make a complete catalog list of the
records to be filmed and retain the same until the records are
returned. He may require a bond, and shall require written receipt
identifying each record removed from his custody. Such photographic
film shall comply with the minimum standards of quality for film,
processing, and storage of permanent photographic records promulgated
by the Archives and Records Commission. Any other media containing
duplicates of records shall comply with standards promulgated by the
Archives and Records Commission. The device used to reproduce such
records on such film or other media shall accurately reproduce the
original thereof in all details. Such photographs, microphotographs,
photographic film or other duplicates shall be deemed to be original
records for all purposes, including introduction in evidence in all
courts or administrative agencies. A transcript, exemplification, or
certified copy thereof, for all purposes recited herein, shall be
deemed to be a transcript, exemplification, or certified copy of the
original.
2. The original photographs, microphotographs, film or other
media containing duplicate records shall be stored in a maximum
security vault and only be removed therefrom for the purpose of
making copies thereof as the custodian of the records may require.
At the election of the custodian of the records, however, the master
negative or copy may, immediately upon being made, be deposited with
the Oklahoma Department of Libraries which shall retain it in a
maximum security vault and furnish such copies thereof as may be
required for the purposes of the custodian of the records. The cost
of any photographic, microphotographic, reproduction or filming
service requested by and furnished to a state agency or subdivision
of government shall be paid to the Department of Libraries rendered
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on the basis of fee schedules established by the Archives and Records
Commission.
3. A copy of such photographs, microphotographs, reproductions
on film or other duplicates properly certified and cataloged shall be
placed in conveniently accessible files and provisions made for
preserving, examining and using the same, including reproduction of
same. There shall be available for use by the public at least two
devices for viewing, and at least one of said devices shall provide
for reproducing the photographic or other duplicate records. Such
copies shall be certified by their custodian as true copies of the
originals, and the copies so certified shall have the same force and
effect as the originals. A statement in writing describing the
record and certifying it to be a true copy, and attached securely to
the reproduction, will be deemed a sufficient certification. Any
viewing devices in use at the time of the passage of this act may
continue to be used, although such device does not provide a
reproducing system.
B. The provisions of this section shall not affect and are
cumulative to the provisions of the Records Management Act, Section
201 et seq. of this title and Sections 564 through 576 of Title 74 of
the Oklahoma Statutes.
Added by Laws 1968, c. 116, § 1, emerg. eff. April 1, 1968. Amended
by Laws 1972, c. 209, § 1, emerg. eff. March 31, 1972; Laws 1989, c.
367, § 10, eff. Nov. 1, 1989; Laws 1997, c. 164, § 9, eff. July 1,
1997.
§67-302. Instruments filed for record - Microfilming - Security
copies - Sale of copies.
The county clerk and ex officio registrar of deeds may record the
instruments lawfully filed for record in his office by making and
preserving microfilm thereof.
Whenever a system of microfilming is established at least two (2)
microfilms shall be made of each recorded instrument which shall be
kept separate, in order that they may not be subject to the same
hazards. Additional copies of such microfilmed records may be
produced by the public officer for sale to bonded abstractors of the
county at a price not to exceed the cost of production plus twenty
percent (20%).
The security copy of the microfilm may be deposited in a bank or
other safe place.
Added by Laws 1968, c. 116, § 2, emerg. eff. April 1, 1968.
§67-303. Court or judicial records.
This act shall not apply to any court or judicial records.
Added by Laws 1968, c. 116, § 3, emerg. eff. April 1, 1968.
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§67-305. Creation - Composition - Delegation of duties - Authority -
Exemptions.
There is hereby re-created until July 1, 2021, in accordance with
the Oklahoma Sunset Law, the Archives and Records Commission,
hereinafter referred to as the Commission, to be composed of one
member to be appointed by the Governor who shall serve as Chairman,
the State Librarian as Vice Chairman and Secretary, the Lieutenant
Governor, the State Auditor and Inspector and the State Treasurer as
members. Any member may appoint and designate a subofficer or
employee as his proxy for purposes of carrying on the duties of the
Commission. The Commission shall have sole, entire and exclusive
authority of the disposition for all public records and archives of
state officers, departments, boards, commissions, agencies and
institutions of this state. The authority herein granted shall not
apply to records and archives of political subdivisions of the state;
provided, however, this act shall not apply to the confidential
records and files of the Oklahoma Tax Commission which are exempt
from all provisions of this act.
Added by Laws 1947, p. 616, § 1, emerg. eff. May 22, 1947. Amended
by Laws 1975, c. 230, § 8, emerg. eff. May 30, 1975; Laws 1978, c.
146, § 1; Laws 1979, c. 241, § 11, operative July 1, 1979; Laws 1983,
c. 177, § 1, emerg. eff. June 7, 1983; Laws 1989, c. 61, § 1,
operative July 1, 1989. Renumbered from § 564 of Title 74 by Laws
1989, c. 367, § 14, eff. Nov. 1, 1989. Amended by Laws 1995, c. 32,
§ 1, eff. Nov. 1, 1995; Laws 2001, c. 9, § 1; Laws 2007, c. 24, § 1;
Laws 2013, c. 295, § 1; Laws 2017, c. 292, § 1.
NOTE: Laws 1979, c. 20, § 1 repealed by Laws 1983, c. 177, § 2,
emerg. eff. June 7, 1983.
§67-306. Unnecessary records and archives - Consultation with State
Librarian - Application to Commission - Disposition.
Every state officer and the heads of all departments, boards,
commissions, agencies and institutions of the State of Oklahoma who
have in their custody public records and archives deemed by them to
be unnecessary for the transaction of the business of their offices
shall consult with the State Librarian for the purpose of determining
if such records and archives are desired for deposit in the archives
division of the Oklahoma State Library. Upon certification by the
State Librarian that such records and archives are or are not desired
for such purpose, then such custodian shall, in conformity with such
determination, apply to the Commission for authorization to destroy
or transfer such records and archives to the Oklahoma State Library
as hereinafter provided. Upon the filing of such application the
Commission shall have authority to authorize or direct the
disposition of such records and archives by any one or more of the
following methods:
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1. By destruction; provided that, the Commission shall not
authorize destruction of records and archives less than five (5)
years old except upon a showing of good cause by the agency or the
Archives and Records Division of the Oklahoma Department of Libraries
and a unanimous vote of the members of the Commission, or their
designees, present.
2. By transfer to the custody and control of the Oklahoma State
Library and there retained. The State Librarian may, in his
discretion, microfilm such records and archives, especially if so
doing would aid in the preservation of their contents.
3. By transfer to the Oklahoma State Library with authorization
to the State Librarian to microfilm said records and archives and
upon the completion of this process to destroy said records and
archives in accordance with the order of the Commission.
Records and archives transferred to the Oklahoma State Library
shall never be returned to their former custody except by order of
the Commission and written consent of the State Librarian.
Added by Laws 1947, p. 616, § 2, emerg. eff. May 22, 1947. Amended
by Laws 1978, c. 146, § 2. Renumbered from Title 74, § 565 by Laws
1989, c. 367, § 14, eff. Nov. 1, 1989.
§67-307. Commission - Power to require assistance.
The Commission is hereby given the authority to request any state
officer or the head of any department, board, commission, agency or
institution of the State of Oklahoma whose records and archives are
being checked to furnish as many persons in the employ thereof, as in
its discretion are necessary, to properly check and survey the
records and archives of said state officer, department, board,
commission, agency or institution. And it shall be the duty of any
state officer, or the head of any department, board, commission,
agency or institution to furnish the number of persons requested by
the said Commission. Said employees so assigned to the Commission
shall be under its direction and supervision in the performance of
the functions set out by this act.
Added by Laws 1947, p. 617, § 3, emerg. eff. May 22, 1947.
Renumbered from Title 74, § 566 by Laws 1989, c. 367, § 14, eff. Nov.
1, 1989.
§67-308. Record of destroyed, transferred or microfilmed records or
archives - Report to Secretary of State.
A record shall be kept of the records and archives which are
destroyed or transferred and it shall be in such form as prescribed
by the Commission and shall disclose among other things the date and
content of the records and archives destroyed, transferred, or
microfilmed. One copy of said record shall be kept by the state
officer, department, board, commission, agency, or institution of the
State of Oklahoma whose records have been destroyed or transferred.
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The original of such record shall be retained by the Secretary of the
Commission. The Secretary of the Commission shall file annually a
summary report with the Secretary of State detailing records which
have been destroyed, transferred or microfilmed during the previous
year.
Added by Laws 1947, p. 617, § 4, emerg. eff. May 22, 1947. Amended
by Laws 1989, c. 367, § 11, eff. Nov. 1, 1989. Renumbered from Title
74, § 567 by Laws 1989, c. 367, § 14, eff. Nov. 1, 1989.
§67-309. Microfilm - Deemed original record for all purposes.
Any microfilm, duplicate created in a manner acceptable to the
State Archives and Records Commission, or microphotograph film, of
any original record or archives shall be deemed to be an original
record or archive for all purposes and shall be admissible in
evidence in all courts or administrative agencies the same as the
originals. A facsimile exemplification or certified copy thereof
shall for all purposes recited herein be deemed to be a description
exemplification or certified copy of the original.
Added by Laws 1947, p. 617, § 5, emerg. eff. May 22, 1947.
Renumbered from Title 74, § 568 by Laws 1989, c. 367, § 14, eff. Nov.
1, 1989. Amended by Laws 1997, c. 164, § 10, eff. July 1, 1997.
§67-310. Termination of office or department - Records disposed of.
All records and archives of any state officer or of any
department, board, commission, agency or institution, shall upon the
termination of the functions of that office, department, board,
commission, or institution, be disposed of in accordance with the
provisions of this act.
Added by Laws 1947, p. 617, § 6, emerg. eff. May 22, 1947.
Renumbered from Title 74, § 569 by Laws 1989, c. 367, § 14, eff. Nov.
1, 1989.
§67-311. Secretary - Powers - Attorney General powers.
The Secretary of the Archives and Records Commission in person,
or through a deputy authorized by him, shall have the right of access
to all public records and archives of this state, except those
records and archives classified as confidential by Act of the
Legislature, with a view of securing their safety and preservation
and determining their administrative or legal value. On behalf of
the State of Oklahoma and the Oklahoma State Library the Attorney
General may replevin any public records or archives illegally removed
which were formerly part of the records or files of any public office
of the Territory or of the State of Oklahoma.
Added by Laws 1947, p. 617, § 7, emerg. eff. May 22, 1947.
Renumbered from Title 74, § 570 by Laws 1989, c. 367, § 14, eff. Nov.
1, 1989.
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§67-312. Equipment and supplies - Film library.
The State Librarian shall acquire and maintain sufficient
equipment and supplies to microfilm all records, archives and
documents transferred to him for that purpose in conformity with the
minimum standards of quality approved for microfilming records and
archives by the Archives and Records Commission; and shall maintain a
film library with a catalog system or index and adequate equipment to
enable the various state officers, departments, boards, commissions,
agencies and institutions to effectively use the microfilm service
which is hereby established in the Oklahoma Department of Libraries.
Added by Laws 1947, p. 618, § 8, emerg. eff. May 22, 1947. Amended
by Laws 1989, c. 367, § 12, eff. Nov. 1, 1989. Renumbered from Title
74, § 571 by Laws 1989, c. 367, § 14, eff. Nov. 1, 1989.
§67-313. Secretary of Archives and Records Commission - Duty to
determine preservation or disposition of records - Exception to rule
of confidential records.
(a) The Secretary of the Archives and Records Commission is
directed and authorized to begin not later than thirty (30) days
after the effective date of this Resolution on examination of the
documents, records, papers, and archives located in Oklahoma City,
Oklahoma which belong to the agencies, authorities, boards,
commissions, departments, institutions, instrumentalities, office,
officers, officials, and societies of the State of Oklahoma, to
determine (a) what part or parts of such documents, records, papers,
and archives are to be preserved, (b) what part or parts of such
documents, records, papers and archives are to be destroyed or sold
as waste, and (c) what part or parts of such documents, records,
papers, and archives are to be microfilmed and the original of such
documents, records, papers, and archives destroyed or sold
thereafter. The Secretary of the Archives and Records Commission is
authorized to delegate his executive duties under this subsection.
(b) No document, record, paper, or archive is to be withheld from
examination by the Secretary of the Archives and Records Commission
on the ground or grounds that the same is a privileged or
confidential document, record, paper, or archive. If any statute or
statutes of the State of Oklahoma as now enacted create any class of
privileged or confidential document, record, paper, or archives and
provide any penalty or penalties for disclosure of such document,
record, paper, or archive it is the intent of the Legislature that
such penalty or penalties not be applied in connection with any
examination by the Secretary made for the purpose of compliance with
this Resolution. In the event the Secretary examines a confidential
or privileged document, record, paper, or archive he is forbidden to
divulge or to disclose any information obtained from his examination.
Added by Laws 1953, p. 516, § 1. Renumbered from Title 74, § 572 by
Laws 1989, c. 367, § 14, eff. Nov. 1, 1989.
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§67-314. Listing of documents to be retained, destroyed or
microfilmed, shall be furnished heads of departments.
The Secretary of the Archives and Records Commission is directed
at such time as he completes the examination of each such agency,
authority, board, commission, department, institution,
instrumentality, office, officer, official, or society, to furnish to
the appropriate head of each agency, authority, board, commission,
department, institution, instrumentality, office, officer, official,
or society with a listing which shows the type or class of the
documents, records, papers, and archives which are to be: (a)
retained, (b) destroyed, and (c) microfilmed.
Added by Laws 1953, p. 517, § 2. Renumbered from Title 74, § 573 by
Laws 1989, c. 367, § 14, eff. Nov. 1, 1989.
§67-315. Delivery of records for disposition - Reports for
noncompliance.
Within thirty (30) days after the head of each such agency,
authority, board, commission, department, institution,
instrumentality, office, officer, official, or society is furnished
with such a listing by the Secretary of such documents, records,
papers, and archives are to be delivered to the Secretary of the
Archives and Records Commission for disposition as provided.
In the event delivery is refused of such documents, records,
papers, and archives the Secretary of the Archives and Records
Commission is directed not later than ten (10) days after the
expiration of thirty-day period of compliance to report such
noncompliance to the President Pro Tempore of the Senate, to the
Speaker of the House of the Oklahoma Legislature, and to the Governor
of the State of Oklahoma, setting forth in detail the extent of
noncompliance and the reasons assigned therefor. In addition the
Secretary is directed to file a copy of such report or reports of
noncompliance with the Secretary of State of Oklahoma, and the same
is to be a public record open for the inspection and information of
the public.
Added by Laws 1953, p. 517, § 3. Renumbered from Title 74, § 574 by
Laws 1989, c. 367, § 14, eff. Nov. 1, 1989.
§67-316. Preparation of records for retention, microfilming and
destruction - Disposition of monies received - Use.
Upon the delivery to the Secretary of the Archives and Records
Commission of the documents, records, papers, and archives, the
Secretary is authorized and directed to prepare them for retention,
microfilming, and destruction, in accordance with the terms of the
Archives and Records Act. The Secretary is authorized and directed
to deposit the money or monies received from the disposition of such
documents, records, papers, and archives in the Official Depository
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Account Number 21 of the State Treasurer of Oklahoma. The money or
monies so received is to be expended at the discretion of the
Secretary in the advancement of this program.
Added by Laws 1953, p. 517, § 4. Renumbered from Title 74, § 575 by
Laws 1989, c. 367, § 14, eff. Nov. 1, 1989.
§67-317. Definitions.
As used in this resolution unless the context otherwise requires:
1. Secretary of the Archives and Records Commission means and
refers to that office created under the terms of Title 74 O.S.1951,
Section 564 and following, and to the powers, privileges, and duties
assigned that office under such statutes.
2. The Archives and Records Commission means and refers to that
Commission created under the terms of Title 74 O.S.1951, Section 564,
and to the powers, privileges, and duties assigned such Commission
under such statutes.
3. The phrase "dead storage files" refers to and includes all
rooms, storehouses, warehouses, floor space, office space, files,
filing cabinets, vaults, and other places in which are stored, kept,
maintained, or otherwise held documents, papers, records, and
archives not in actual use which belong to, or are in the custody of,
any agency, authority, board, commission, department, institution,
instrumentality, office, officer, official, or society of the State
of Oklahoma. To be in actual usage such documents, papers, records,
and archives must be in continual demand for immediate reference
purposes, for actual use in the day-to-day work required of any
agency, authority, board, commission, department, institution,
instrumentality, office, officer, official, or society of the State
of Oklahoma in their principal offices or places of business. Any
documents, papers, records, and archives not in such continual usage
are to be considered dead storage files.
Added by Laws 1953, p. 517, § 5. Renumbered from Title 74, § 576 by
Laws 1989, c. 367, § 14, eff. Nov. 1, 1989.
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