1|ENGROSSED SENATE |
|BILL NO. 397 By: Hamilton, Burns, Jett, and |
2| Bullard of the Senate |
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3| and |
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4| Conley of the House |
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5| |
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6| An Act relating to schools; directing school district |
| boards of education and charter school and public |
7| library governing boards to appoint certain committee |
| by certain date; requiring certain employee to be |
8| included on committee; requiring certain inventory to |
| be completed by certain date; directing designation |
9| of print and nonprint materials and media; directing |
| school districts and charter schools beginning on |
10| certain date to only include certain materials and |
| media with certain designations in certain school |
11| libraries; allowing students access to certain |
| materials and media only with certain written |
12| consent; directing public libraries beginning on |
| certain date to place materials and media with |
13| certain designation in certain section; allowing |
| certain individuals access to certain materials and |
14| media only with certain written consent; prohibiting |
| school district, charter school, and public libraries |
15| beginning on certain date from including materials |
| and media with certain content; providing for |
16| codification; providing an effective date; and |
| declaring an emergency. |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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20| SECTION 1. NEW LAW A new section of law to be codified |
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21|in the Oklahoma Statutes as Section 11-203 of Title 70, unless there |
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22|is created a duplication in numbering, reads as follows: |
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23| A. By September 1, 2023, each school district board of |
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24|education, charter school governing body, and public library |
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1|governing body shall appoint a committee to conduct an inventory of |
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2|print and nonprint materials and media located in their libraries. |
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3|A library media specialist employed by a school district or charter |
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4|school shall be included on the committee. The inventory shall be |
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5|completed by July 1, 2024. Print and nonprint materials and media |
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6|shall be designated with one of the following ratings: |
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7| 1. "Elementary" means the content of the print or nonprint |
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8|material or media is suitable for children enrolled in grades |
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9|pre-kindergarten through five in this state; |
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10| 2. "Junior high" means the content of the print or nonprint |
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11|material or media may not include material unsuitable for a child |
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12|enrolled in grades six, seven, and eight in this state, and parents |
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13|and legal guardians are encouraged to provide guidance to their |
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14|children in selecting print and nonprint materials and media rated |
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15|"junior high"; |
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16| 3. "Under 16" means the content of the print or nonprint |
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17|materials or media may not include material inappropriate for |
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18|children under the age of sixteen (16), and parents and legal |
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19|guardians are urged to provide guidance to their children in |
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20|selecting print and nonprint materials and media rated "under 16"; |
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21|and |
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22| 4. "Juniors and seniors" means the content of the print or |
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23|nonprint material or media may include some material not suitable |
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24|for minors. |
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1| B. Beginning July 1, 2024, school districts and charter schools |
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2|shall: |
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3| 1. Include only print and nonprint materials and media |
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4|designated as "elementary" in elementary school libraries serving |
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5|students in grades pre-kindergarten through five; |
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6| 2. Include only print and nonprint materials and media |
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7|designated as "elementary" or "junior high" in elementary school |
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8|libraries that serve students in grades pre-kindergarten through |
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9|eight; |
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10| 3. Include only print and nonprint materials and media |
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11|designated as "elementary", "junior high", or "under 16" in junior |
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12|high school and high school libraries; and |
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13| 4. Place print and nonprint materials and media designated as |
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14|"juniors and seniors" in a section of the library accessible only to |
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15|librarians, teachers, and other school staff. Print and nonprint |
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16|materials and media designated as "juniors and seniors" shall only |
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17|be available to a student if he or she has presented a librarian, |
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18|teacher, or other school staff with written consent from a parent or |
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19|legal guardian. |
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20| C. Beginning July 1, 2024, public libraries shall place print |
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21|and nonprint materials and media designated as "juniors and seniors" |
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22|in a section of the library accessible only to library staff. Print |
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23|and nonprint materials and media designated as "juniors and seniors" |
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24|shall only be available to an individual under the age of eighteen |
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1|(18) if he or she has presented library staff with written consent |
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2|from a parent or legal guardian. |
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3| D. Beginning July 1, 2024, no print or nonprint material or |
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4|media in a school district library, charter school library, or |
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5|public library shall include content that the average person age |
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6|eighteen (18) or older applying contemporary community standards |
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7|would find has a predominant tendency to appeal to a prurient |
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8|interest in sex. |
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9| SECTION 2. This act shall become effective July 1, 2023. |
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10| SECTION 3. It being immediately necessary for the preservation |
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11|of the public peace, health, or safety, an emergency is hereby |
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12|declared to exist, by reason whereof this act shall take effect and |
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13|be in full force from and after its passage and approval. |
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14| Passed the Senate the 7th day of March, 2023. |
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| Presiding Officer of the Senate |
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18| Passed the House of Representatives the ____ day of __________, |
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19|2023. |
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| Presiding Officer of the House |
22| of Representatives |
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