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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3718 By: Roberts (Sean)
AS INTRODUCED
An Act relating to law enforcement powers; amending
70 O.S. 2021, Sections 1210.189 and 12 10.190, which
relate to certain mandates or policies; authorizing
county sheriff to arrest federal law enforcement
officials in order to administer provisions of
statutes; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 1210.189, is
amended to read as follows:
Section 1210.189 A. A board of education of a public school
district or a technology center school district, the board of
regents of an institution within The Oklahoma Sta te System of Higher
Education, the governing board of a private postsecondary
educational institution, the Oklahoma State Regents for Higher
Education, the State Board of Education or the State Board of Career
and Technology Education shall not:
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1. Require a vaccination against Coronavirus dise ase 2019
(COVID-19) as a condition of admittance to or attendance of the
school or institution;
2. Require a vaccine passport as a co ndition of admittance to
or attendance of the school or institution; or
3. Implement a mask mandate for students who have not been
vaccinated against COVID-19.
B. As used in this section, "vaccine passport" means
documentation that an individual has bee n vaccinated against COVID-
19.
C. Nothing in this section shall be construed to ap ply to any
public or private healthcare se tting.
D. A sheriff of any county shall have autho rity to make an
arrest of a federal law enforcement officer in order to allow the
provisions of this section to b e administered.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 1210.190, is
amended to read as follows:
Section 1210.190 A. A board of education of a public school
district or a technology center scho ol district may only implement a
mandate to wear a mask or any other medical device as provided in
this subsection.
1. A board of education of a public sc hool district or a
technology center school distric t may only implement a ma ndate to
wear a mask or any other medical device after consultation with the
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local county health depa rtment or city-county health departm ent
within the jurisdiction of where the board is located and when the
jurisdiction of where the board is located is un der a current state
of emergency declared by the Governor.
2. The mandate shall explicitly list the purposes for the
mandate.
3. The mandate shall reference the speci fic masks or medical
devices that would meet the requirements of th e mandate.
4. Any mandate to implement wearin g a mask or any other medical
device shall be reconsid ered at each regularly sche duled board
meeting.
B. A sheriff of any county shall have autho rity to make an
arrest of a federal law enforcement officer in order to allow the
provisions of this section t o be administered.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof t his act shall take effect and
be in full force from and after its passage an d approval.
58-2-10009 MAH 01/16/22