1| STATE OF OKLAHOMA | | | 2| 1st Session of the 59th Legislature (2023) | | | 3|SENATE BILL 397 By: Hamilton | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to schools; directing school | | districts, charter schools, and public libraries | 8| beginning on certain date to conduct certain | | inventory; directing designation of print and | 9| nonprint materials and media; directing school | | districts and charter schools beginning on certain | 10| date to only include certain materials and media with | | certain designations in certain school libraries; | 11| allowing students access to certain materials and | | media only with certain written consent; directing | 12| public libraries beginning on certain date to place | | materials and media with certain designation in | 13| certain section; allowing certain individuals access | | to certain materials and media only with certain | 14| written consent; prohibiting school district, charter | | school, and public libraries beginning on certain | 15| date from including materials and media with certain | | content; providing for codification; providing an | 16| effective date; and declaring an emergency. | | | 17| | | | 18| | | | 19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 20| SECTION 1. NEW LAW A new section of law to be codified | | | 21|in the Oklahoma Statutes as Section 11-203 of Title 70, unless there | | | 22|is created a duplication in numbering, reads as follows: | | | 23| A. Beginning July 1, 2023, school districts, charter schools, | | | 24|and public libraries shall conduct an inventory of print and | | | Req. No. 303 Page 1 ___________________________________________________________________________
1|nonprint materials and media located in their libraries. Print and | | | 2|nonprint materials and media shall be designated with one of the | | | 3|following ratings: | | | 4| 1. "Elementary" means the content of the print or nonprint | | | 5|material or media is suitable for children enrolled in grades | | | 6|pre-kindergarten through five in this state; | | | 7| 2. "Junior high" means the content of the print or nonprint | | | 8|material or media may not include material unsuitable for a child | | | 9|enrolled in grades six, seven, and eight in this state, and parents | | | 10|and legal guardians are encouraged to provide guidance to their | | | 11|children in selecting print and nonprint materials and media rated | | | 12|"junior high"; | | | 13| 3. "Under 16" means the content of the print or nonprint | | | 14|materials or media may not include material inappropriate for | | | 15|children under the age of sixteen (16), and parents and legal | | | 16|guardians are urged to provide guidance to their children in | | | 17|selecting print and nonprint materials and media rated "under 16"; | | | 18|and | | | 19| 4. "Juniors and seniors" means the content of the print or | | | 20|nonprint material or media may include some material not suitable | | | 21|for minors. | | | 22| B. Beginning July 1, 2024, school districts and charter schools | | | 23|shall: | | | 24| | | | Req. No. 303 Page 2 ___________________________________________________________________________
1| 1. Include only print and nonprint materials and media | | | 2|designated as "elementary" in elementary school libraries serving | | | 3|students in grades pre-kindergarten through five; | | | 4| 2. Include only print and nonprint materials and media | | | 5|designated as "elementary" or "junior high" in elementary school | | | 6|libraries that serve students in grades pre-kindergarten through | | | 7|eight; | | | 8| 3. Include only print and nonprint materials and media | | | 9|designated as "elementary", "junior high", or "under 16" in junior | | | 10|high school and high school libraries; and | | | 11| 4. Place print and nonprint materials and media designated as | | | 12|"juniors and seniors" in a section of the library accessible only to | | | 13|librarians, teachers, and other school staff. Print and nonprint | | | 14|materials and media designated as "juniors and seniors" shall only | | | 15|be available to a student if he or she has presented a librarian, | | | 16|teacher, or other school staff with written consent from a parent or | | | 17|legal guardian. | | | 18| C. Beginning July 1, 2024, public libraries shall place print | | | 19|and nonprint materials and media designated as "juniors and seniors" | | | 20|in a section of the library accessible only to library staff. Print | | | 21|and nonprint materials and media designated as "juniors and seniors" | | | 22|shall only be available to an individual under the age of eighteen | | | 23|(18) if he or she has presented library staff with written consent | | | 24|from a parent or legal guardian. | | | Req. No. 303 Page 3 ___________________________________________________________________________
1| D. Beginning July 1, 2024, no print or nonprint material or | | | 2|media in a school district library, charter school library, or | | | 3|public library shall include content that the average person age | | | 4|eighteen (18) or older applying contemporary community standards | | | 5|would find has a predominant tendency to appeal to a prurient | | | 6|interest in sex. | | | 7| SECTION 2. This act shall become effective July 1, 2023. | | | 8| SECTION 3. It being immediately necessary for the preservation | | | 9|of the public peace, health, or safety, an emergency is hereby | | | 10|declared to exist, by reason whereof this act shall take effect and | | | 11|be in full force from and after its passage and approval. | | | 12| | | | 13| 59-1-303 EB 1/16/2023 12:37:43 PM | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 303 Page 4