STATE OF OKLAHOMA

1st Session of the 43rd Legislature (1991)

SENATE BILL NO. 74 BY: CHANDLER

AS INTRODUCED

AN ACT RELATING TO RECORDS, CITIES AND TOWNS AND

COUNTIES AND COUNTY OFFICERS; AMENDING 11 O.S.

1981, SECTION 22-131, AS LAST AMENDED BY SECTION 1,

CHAPTER 83, O.S.L. 1990 (11 O.S. SUPP. 1990,

SECTION 22-131), WHICH RELATES TO THE DISPOSAL OF

MUNICIPAL RECORDS AND 19 O.S. 1981, SECTIONS 155.1,

AS AMENDED BY SECTION 1, CHAPTER 7, O.S.L. 1988,

155.2, 155.4, AS AMENDED BY SECTION 1, CHAPTER 28,

O.S.L. 1990, 155.5 AND 155.6 (19 O.S. SUPP. 1990,

SECTIONS 155.1 AND 155.4), WHICH RELATE TO THE

DISPOSAL OF COUNTY RECORDS; PROVIDING THAT CERTAIN

SECTIONS OF LAW WILL NO LONGER BE EFFECTIVE UPON

CERTAIN ACTIONS; ENACTING THE LOCAL GOVERNMENT

RECORDS MANAGEMENT ACT; PROVIDING FOR LEGISLATIVE

INTENT; DEFINING TERMS; REQUIRING DESIGNATION OF A

LOCAL RECORDS MANAGEMENT OFFICER AND PRESCRIBING

DUTIES; PRESCRIBING DUTIES OF STATE RECORDS

ADMINISTRATOR; CREATING THE LOCAL GOVERNMENT

RECORDS ADVISORY COUNCIL; PROVIDING FOR MEMBERSHIP;

SPECIFYING DUTIES; AUTHORIZING REIMBURSEMENT;

SPECIFYING DUTIES OF LOCAL OFFICIALS; REQUIRING

DEVELOPMENT OF CERTAIN SCHEDULES; ALLOWING

REPRODUCTION OF CERTAIN RECORDS; PRESCRIBING METHOD

OF DISPOSITION OF CERTAIN RECORDS; REQUIRING

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STORAGE OF RECORDS IN CERTAIN MANNER; PROVIDING

PROCEDURES FOR THE TRANSFER OF CERTAIN RECORDS;

REQUIRING THE ESTABLISHMENT AND MAINTENANCE OF A

PROGRAM FOR THE PRESERVATION OF ESSENTIAL RECORDS;

REPEALING 11 O.S. 1981, SECTION 22-132, AS AMENDED

BY SECTION 1, CHAPTER 50, O.S.L. 1990 AND SECTION

2, CHAPTER 255, O.S.L. 1989 (11 O.S. SUPP. 1990,

SECTIONS 22-132 AND 22-132.1), WHICH RELATE TO THE

REPRODUCTION AND MAINTENANCE OF MUNICIPAL RECORDS

AND 67 O.S. 1981, SECTION 207, WHICH RELATES TO

LOCAL RECORDS MANAGEMENT; PROVIDING FOR

CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 401 of Title 67, unless the re is

created a duplication in numbering, reads as follows:

This act shall be known and may be cited as the "Local

Government Records Management Act".

SECTION 2. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 402 of Title 67, unless there is

created a duplication in numbering, reads as follows:

The Legislature hereby declares that programs for the efficient

and economical management of local government records will promote

economy and efficiency in the recordkeeping activities of local

governments, will facilitate and expedite government operations, and

will ensure preservation of local government records of enduring

value.

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SECTION 3. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 403 of Title 67, unless there is

created a duplication in numbering, reads as follows:

As used in the Local Government Records Management Act:

1. "Disposition" means the disposal of a record by destruction,

gift, transfer to an approved archival facility, or by other

authorized means;

2. "Essential record" means a record which contains information

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 government

in the resumption of operations after a disaster;

3. "Governing body" means the city council or other governing

body of a municipality, board of county commissioners, board of

education of any school district, or other body authorized by law to

govern the affairs of a unit of local government;

4. "Local government" means any county, city, town, school

district, or other political subdivision which is authorized by law

which is not a state department, division, board, authority,

commission or other agency;

5. "Record" means any document, book, paper, photograph,

microfilm, computer tape, disk, record, sound recording, film

recording, video record, or other material, regardless of physical

form or characteristic, 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 the Local Government Records Management Act;

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6. "Records retention and disposition schedule" means a list or

other instrument describing records and specifying their retention

periods as approved by the governing body of a local government; and

7. "Retention period" means the minimum length of time that

must elapse before a record is eligible for disposition.

SECTION 4. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 404 of Title 67, unless there is

created a duplication in numbering, reads as follows:

A. The governing body of any unit of local government shall

promote and support a program for the orderly and efficient

management of records, including the identification and appropriate

administration of records with enduring value for historical or

other research.

B. The governing body of each unit of local government shall

designate one officer of the unit of local government as records

management officer. The officer shall coordinate the development

and administration of the records management program for that

governmental entity, and shall coordinate the legal disposition,

including any authorized destruction of records having insufficient

administrative, legal, fiscal, or research value to warrant their

further keeping. The records management officer shall maintain a

record of all records disposed of in the manner prescribed by the

Local Government Records Management Act, including as a minimum a

description of the record, date of disposition, and the specific

disposition made of the record.

SECTION 5. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 405 of Title 67, unless there is

created a duplication in numbering, reads as follows:

The State Records Administrator shall:

1. advise local governments on planning and administering

programs for the creation, maintenance, preservation, reproduction,

retention and disposition of their records;

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2. advise local governments on the development of

micrographics, computer, optical imaging, and other systems which

rely on technology to create, store, manage, process or reproduce

information or records;

3. advise local governments on the preservation and use of

essential records and records of enduring value for historical or

other purposes;

4. promulgate, in consultation with the Local Government

Records Advisory Council, regulations to implement the provisions of

the Local Government Records Management Act, including standards,

procedures and techniques for the effective management of local

government records;

5. accept security microfilm from local governments, for

storage in a secure environment, and supply copies of such microfilm

at cost when requested by the custodian;

6. accept, when adequate storage facilities are available,

local government records no longer active which have been determined

to have enduring value; and

7. negotiate and contract with the Board of Regents of Oklahoma

Colleges, or other state agencies, for the establishment of regional

archives to store and render accessible those local government

records no longer active but which have been determined to have

enduring value.

SECTION 6. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 406 of Title 67, unless there is

created a duplication in numbering, reads as follows:

A. There is hereby created the Local Government Records

Advisory Council. The Council shall be composed as follows:

1. One representative of the Association of County Clerks;

2. One representative of the Association of County Court

Clerks;

3. One representative of the Association of County Treasurers;

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4. One representative of the County Assessor's Association of

Oklahoma;

5. One representative of the Association of County Sheriffs;

6. One representative of the Association of County

Commissioners of Oklahoma;

7. Two representatives of the Association of Municipal Clerks,

Treasurers and Finance Officers;

8. Two representatives from the Oklahoma Municipal League;

9. The State Records Administrator shall serve as an ex officio

member; and

10. The State Records Administrator may appoint three members

representing users of local records including but not limited to

historians, family history researchers, abstractors or attorneys.

B. The members of the Council who are representatives of

associations or other organizations shall be selected by their

respective association or organization at the annual meeting of the

association or organization. Each member selected pursuant to this

subsection shall serve for a term of office of one (1) year.

C. The chairman and vice-chairman of the Council shall be

elected annually from the membership of the Council.

D. The Council shall:

1. advise the State Records Administrator concerning local

government record policies, standards and procedures, state services

and financial support needed to assist local officials;

2. review and approve all proposed records retention and

disposition schedules pertaining to local government records before

promulgation and submission to the governing bodies of local

governments for consideration and adoption; and

3. review and approve, prior to promulgation, all regulations

proposed by the State Records Administrator pertaining to the

management of local government records.

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E. Members of the Local Government Records Advisory Council

shall not receive a salary for duties performed as a member of the

Council, but shall be reimbursed for travel and other necessary

expenses incurred in the performance of their official duties in

accordance with the provisions of the State Travel Reimbursement

Act. Claims for reimbursement shall be submitted to the State

Records Administrator.

SECTION 7. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 407 of Title 67, unless there is

created a duplication in numbering, reads as follows:

A. Every local official shall:

1. maintain records to adequately document the transaction of

public business and the services and programs for which the official

is responsible;

2. retain and have custody of such records for so long as the

records are needed for the conduct of the business of the office;

3. protect such records adequately;

4. cooperate with the local government records management

officer on programs for the orderly and efficient management of

records, including identification and disposition of inactive

records, identification and preservation of essential records and of

records with enduring value;

5. dispose of records in accordance with proper authorization;

and

6. pass on to the successor of the official records needed for

the continuing conduct of business of the office.

B. No local official shall destroy, sell or otherwise dispose

of any public record unless the disposition has been approved by the

local governing body and/or promulgated by an approved records

retention and disposition schedule.

C. The State Records Administrator, in consultation with the

Local Government Records Advisory Council, shall determine the

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minimum retention time for local records. The Administrator may

develop general records retention and disposition schedules for

consideration by the Local Government Records Advisory Council and

subsequent submission to the governing bodies of local governments

for adoption. Records retention and disposition schedules prepared

by the State Records Administrator and approved by the Local

Government Records Advisory Council, when adopted by formal

resolution by the local governing body, shall constitute authority

for disposition of records by the custodians of such records.

SECTION 8. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 408 of Title 67, unless there is

created a duplication in numbering, reads as follows:

Any local official may produce any record in the custody of the

official by microphotography or other means that accurately and

completely reproduces all the information in the record. The local

official may then dispose of the original record even though it has

not met the prescribed minimum legal retention period, provided that

the process for reproduction and the provisions made for preserving

and examining the copy meet requirements established by the State

Records Administrator in consultation with the Local Government

Records Advisory Council. The copy shall be deemed to be an

original record for all purposes including introduction as evidence

in proceedings before all courts and administrative agencies. The

custodian of any records destroyed pursuant to the provisions of

this section shall maintain a record containing all particulars

concerning the destruction of the originals of such records.

SECTION 9. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 409 of Title 67, unless there is

created a duplication in numbering, reads as follows:

All local government records shall be kept in secure facilities

maintained by the local government unless provision is made by the

State Records Administrator for storage elsewhere, provided that

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such disposition has been approved in an authorized retention and

disposition schedule.

SECTION 10. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 410 of Title 67, unless there is

created a duplication in numbering, reads as follows:

When any unit of local government ceases to exist, the records

of that unit of local government shall be transferred by the

governing body to the State Records Administrator who shall be

authorized to make disposition of the records in accordance with an

approved retention and disposition schedule. Any records deemed by

the State Records Administrator to be of enduring value shall be

stored in such facilities as may be designated and authorized by the

State Records Administrator.

SECTION 11. NEW LAW A new section of law to be codified

in the Oklahoma Statutes as Section 411 of Title 67, unless there is

created a duplication in numbering, reads as follows:

The governing body of each local government shall establish and

maintain, with the advice of the State Records Administrator, a

program for the selection and preservation of essential records as

required by the Local Government Records Management Act. The State

Records Administrator, in consultation with the Local Government

Records Advisory Council, may develop guidelines for the

establishment and maintenance of essential records of local

governments.

SECTION 12. AMENDATORY 11 O.S. 1981, Section 22-131, as

last amended by Section 1, Chapter 83, O.S.L. 1990 (11 O.S. Supp.

1990, Section 22-131), is amended to read as follows:

Section 22-131. A. A municipal governing body may destroy,

sell for salvage or otherwise dispose of the following papers,

documents and records after the expiration of the specified period

of time following the end of the fiscal year in which the paper,

document or record was created, except as otherwise specified:

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1. One (1) year: parking citations may be destroyed or

otherwise permanently disposed of one (1) year after the date of

issuances;

2. Two (2) years: municipal court warrants, water, sewer,

garbage and utility receipts and statements, which have been

previously audited; inspection records relating to water meters and

sewer inspections; miscellaneous petitions and letters addressed to

the governing body on matters other than pertaining to the items

hereinafter set forth; utility billing ledger or register; utility

cash receipts ledger or register; and utility accounts receivable

ledger or register. Fire run contracts may be destroyed or

otherwise disposed of two (2) years after their expiration;

3. Five (5) years: successful and unsuccessful bids for the

purchase or furnishing of equipment, material and improvements;

inspection records except as provided for in paragraph 2 of this

section; claims that have been denied; license applications; bonds;

special, primary and general election payrolls; election tabulations

and returns; withholding statements; garnishment records; traffic

tickets and receipts; bond receipts and fine receipts; information

and complaints; court dockets; paid general obligation and revenue

bonds; paid street improvement, sewer and sidewalk district bonds;

warrants; claims; checks; vouchers; purchase orders; payrolls;

4. Ten (10) years: inventories; appropriation ledgers;

sidewalk assessment records, except payment records; cash receipt

book or register for the general fund, the street and alley fund,

any bond fund or sinking fund and all other trust funds that have

been audited; and

5. Fifteen (15) years: sewer and improvement district records,

except payment records.

None of the above-mentioned records, papers or documents pertaining

to pending litigation shall be disposed of until such litigation is

finally terminated. This section shall not be construed to

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authorize or allow the destruction of any testing laboratory results

or the inspection records of public improvements of a municipality.

B. The provisions of this section shall cease to have the force

and effect of law when, pursuant to the Local Government Records

Management Act, authorized schedules have been produced by the State

Records Administrator, in consultation with the Local Government

Records Advisory Council, and when such schedules have been adopted

by the governing body of the municipal government.

SECTION 13. AMENDATORY 19 O.S. 1981, Section 155.1, as

amended by Section 1, Chapter 7, O.S.L. 1988 (19 O.S. Supp. 1990,

Section 155.1), is amended to read as follows:

Section 155.1 A. The county assessor in any county is

authorized to destroy any of the records which have been on file in

his office for more than seven (7) years, including all assessment

rolls, assessment listing sheets relating to tangible or intangible

personal properties, monies and credits, real estate, or corporation

properties, all balance sheets, and all homestead exemption

applications. All records which have been on file in his office for

more than two (2) years, prior to the current calendar year and less

than seven (7) years, may be destroyed if compliance is made with

statutes authorizing the microfilming or other reproduction of

records and storage of reproductions thereof. A viewerscope shall

be provided, the costs, maintenance and supplies therefor be paid

from the county general fund, to accommodate public reference to the

filmed records. The State Library may be given any record which

would be destroyed upon request therefor.

B. The provisions of this section shall cease to have the force

and effect of law when, pursuant to the Local Government Records

Management Act, authorized schedules have been produced by the State

Records Administrator, in consultation with the Local Government

Records Advisory Council, and when such schedules have been adopted

by the governing body of the municipal government.

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SECTION 14. AMENDATORY 19 O.S. 1981, Section 155.2, is

amended to read as follows:

Section 155.2 A. The county clerk in each county in Oklahoma

is hereby authorized each year to destroy the work books, reports

and transient and subsidiary records that have been on file or

stored in his office the period of time specifically provided

herein.

He may destroy all financing statements and chattel mortgages

and releases and renewals thereof of either, on file in his office

for a period longer than five (5) years after the same ceases to be

effective under 12A O.S. 1971, Section 9-403 (2) and (3); all county

claims, claim calendars, chattel mortgage indexes, appropriation

ledgers, warrant ledgers, financial ledgers, requisitions, poor

lists and orders for allowances in relief of the poor, certificates

of error, carbon copies of reports and remittances, monthly reports

to State Auditor and Inspector and reports to other officers and

warrant issues, daily reports including the daily report jacket and

all contents therein, after said documents have been on file in his

office five (5) years; provided, however, unused blank forms printed

for fiscal year series and blank forms obsolete by change of law may

be destroyed after being on file for a period longer than one (1)

year. The State Library may be given any of such records that would

otherwise be destroyed.

B. The provisions of this section shall cease to have the force

and effect of law when, pursuant to the Local Government Records

Management Act, authorized schedules have been produced by the State

Records Administrator, in consultation with the Local Government

Records Advisory Council, and when such schedules have been adopted

by the governing body of the municipal government.

SECTION 15. AMENDATORY 19 O.S. 1981, Section 155.4, as

amended by Section 1, Chapter 28, O.S.L. 1990 (19 O.S. Supp. 1990,

Section 155.4), is amended to read as follows:

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Section 155.4 A. The county treasurer in each county in

Oklahoma is hereby authorized, each year, to destroy the hereinafter

mentioned types of work books, reports and records that have been on

file or stored in his office for the period specifically indicated

as follows:

1. After the expiration of seven (7) years:

a. mortgage tax receipts;

b. all records pertaining to personal tax warrants; and

c. personal tax lien docket.

2. After the expiration of seven (7) years after the final

settlement:

a. all tax protest records;

b. municipal bond and judgment records.

3. After the expiration of ten (10) years:

a. all tax rolls and tax roll adjustments;

b. all special assessment rolls;

c. all tax sale and resale records; and

d. real property, personal property, special assessments

and emergency or back tax receipts.

4. After the expiration of seven (7) years, provided that the

State Auditor and Inspector has completed his audit for such years

and has not in his report required the record to be retained for a

longer period of time:

a. all records pertaining to school districts;

b. all bookkeeping records and instruments pertaining to

apportionment and distribution of monies;

c. warrant registers;

d. miscellaneous income and distribution receipts and

records; and

e. bank statements, deposit tickets, F.D.I.C. documents,

depository records, reports, checks, purchase orders

and other bookkeeping records.

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B. The provisions of this section shall cease to have the force

and effect of law when, pursuant to the Local Government Records

Management Act, authorized schedules have been produced by the State

Records Administrator, in consultation with the Local Government

Records Advisory Council, and when such schedules have been adopted

by the governing body of the municipal government.

SECTION 16. AMENDATORY 19 O.S. 1981, Section 155.5, is

amended to read as follows:

Section 155.5 A. As to the records that are not destroyed as

provided for in Section 2 above 155.4 of this title, the county

treasurer in each county in Oklahoma, after compliance with

provisions of statute as to microfilming of records, storing

original negatives, and providing for convenient viewing of

reproductions thereof, is hereby authorized, each year, to destroy

the hereinafter mentioned types of work books, reports and records

that have been on file or stored in his office for a period of time

longer than the period specifically indicated, as follows:

REQUISITE TIME OF

RETAINING

TYPE OF RECORD ORIGINAL

Tax Rolls and Tax Roll

adjustments 6 years

Tax Sale and Resale

Records 6 years

Special Assessment Rolls 6 years after due date

Tax Protest Records Until final settlement

Tax Receipts

Real Property, personal

property 7 years

Special Assessments,

emergency or back

assessments, and

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mortgage tax receipts 2 years

Municipal Bond Records 7 years after final

settlement

Personal Tax, Warrants

and Records 2 years

B. All the records above described in Section 2, subsection 3

paragraph 3 of subsection A of Section 155.4 of this title , may be

destroyed after two (2) years provided the same are filmed; and

further provided that the State Auditor and Inspector has audited

said records and has not directed such original records to be

retained. Such filmed records must be retained until such time as

the original, if it had been retained, would have been seven (7)

years old.

C. The provisions of this section shall cease to have the force

and effect of law when, pursuant to the Local Government Records

Management Act, authorized schedules have been produced by the State

Records Administrator, in consultation with the Local Government

Records Advisory Council, and when such schedules have been adopted

by the governing body of the municipal government.

SECTION 17. AMENDATORY 19 O.S. 1981, Section 155.6, i s

amended to read as follows:

Section 155.6 A. The State Library may be given any record,

which would otherwise be destroyed, upon its request therefor.

B. The provisions of this section shall cease to have the force

and effect of law when, pursuant to the Local Government Records

Management Act, authorized schedules have been produced by the State

Records Administrator, in consultation with the Local Government

Records Advisory Council, and when such schedules have been adopted

by the governing body of the municipal government.

SECTION 18. REPEALER 11 O.S. 1981, Section 22-132, as

amended by Section 1, Chapter 50, O.S.L. 1990 and Section 2, Chapter

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255, O.S.L. 1989 (11 O.S. Supp. 1990, Sections 22-132 and 22-132.1)

and 67 O.S. 1981, Section 207, are hereby repealed.

SECTION 19. This act shall become effective September 1, 1991.

43-1-246 MJF