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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3718 By: Roberts (Sean)
COMMITTEE SUBSTITUTE
An Act relating to law enforcement powers; amendi ng
70 O.S. 2021, Sections 1210.189 and 1210.190, which
relate to certain mandates or policies; authorizing
county sheriff to arrest officials for certain
violations; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
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 State System of Higher
Education, the governing board of a private postsecondary
educational institution, the Oklahoma State Regents for Higher
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Education, the State Board of Education or the State Board of Career
and Technology Education shall not:
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 scho ol 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 apply to any
public or private healthcare se tting.
D. A sheriff of any county shall have autho rity to make an
arrest of any person, including , but not limited to, a
superintendent, principal, administrator, teacher, school nu rse,
board member of the education district, university staff, or other
school staff for violating this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 9000 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. Any person, including , but not limited to, a superintendent,
principal, administrator, teacher, school nurse, board member of the
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education district, university s taff, or other school staff s hall
not:
1. Require a vaccination against COVID-19 as a condition of
admittance to or attendance of a school or ins titution;
2. Require a vaccine passport as a condition of admittance to
or attendance of a school or institution; or
3. Implement a mask mandate for students who have not been
vaccinated against COVID-19.
B. The sheriff of a county shall have the authority to m ake an
arrest of any person, including, but not limited to, a
superintendent, principal, administrator, teacher, school nurse,
board member of the education district, university staff, or other
school staff for violating this section.
C. Any person who directly or in directly violates any provision
of this section shall be guilty of a misdemeanor pu nishable by a
fine of Five Hundred Dollars ($500.00) for the first offense, and a
fine of Five Hundred Dollars ($500.00) for the second offense a nd/or
not more than ten (10) days in the local county jail .
D. Nothing in this section shall be construed to apply to a ny
public or private health care setting.
SECTION 3. 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
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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
local county health department 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 reconsidered at each regularly scheduled board
meeting.
B. A sheriff of any county shall have autho rity to make an
arrest of any person, including , but not limited to, a
superintendent, principal, administrator, teacher, school nurse,
board member of the education district, university staff, or other
school staff for violating this section.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 03/03/2022 - DO PASS, As Amended.