Old | New | Differences | |
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1 | - | An Act | |
2 | - | ENROLLED HOUSE | |
3 | - | BILL NO. 4106 By: Vancuren, Lawson, and Frix | |
4 | - | of the House | |
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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 4106 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
31 | + | BILL NO. 4106 By: Vancuren and Lawson of the | |
32 | + | House | |
5 | 33 | ||
6 | 34 | and | |
7 | 35 | ||
8 | - | Pemberton and Kirt of the | |
9 | - | Senate | |
36 | + | Pemberton of the Senate | |
10 | 37 | ||
11 | 38 | ||
12 | 39 | ||
13 | 40 | ||
14 | - | An Act relating to schools; requiring school | |
41 | + | ||
42 | + | [ schools - protocol for responding to students in | |
43 | + | mental health crisis - requirements for protocol - | |
44 | + | protocol to Department of Mental Health and | |
45 | + | Substance Abuse Services and the State Department | |
46 | + | of Education - effective date – | |
47 | + | emergency ] | |
48 | + | ||
49 | + | ||
50 | + | ||
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52 | + | AUTHOR: Add the following House Coauthor: Frix | |
53 | + | ||
54 | + | AUTHOR: Add the following Senate Coauthor: Kirt | |
55 | + | ||
56 | + | AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause | |
57 | + | and entire bill and insert | |
58 | + | ||
59 | + | ||
60 | + | "An Act relating to schools; requiring school | |
15 | 61 | districts to maintain protocol for responding to | |
16 | 62 | students in mental health crisis; directing protocol | |
17 | 63 | to be developed, mainta ined, and implemented in | |
18 | 64 | certain partnership; prescribing provider | |
19 | 65 | requirements; listing minimum requirements for | |
20 | 66 | protocol; requiring notificati on of a parent or legal | |
21 | 67 | guardian if student under certain age receives | |
22 | 68 | certain identification; requiring consent from a | |
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23 | 95 | parent or legal guardian for certain actions except | |
24 | 96 | in emergencies; prescribing compliance with certain | |
25 | 97 | federal laws; providing for read y access and regular | |
26 | 98 | training on protocol; requiring working agreement | |
27 | 99 | between the school district and provider; providing | |
28 | 100 | for review of protocol effectiveness; establishing | |
29 | 101 | frequency for review and consideration of updates; | |
30 | 102 | directing submission of protoco l and working | |
31 | 103 | agreement to the State Department of Education; | |
32 | 104 | directing sharing of protocols and agreements with | |
33 | 105 | the Department of Mental Health and Substance Abuse | |
34 | 106 | Services; authorizing agencies to provide revisions | |
35 | 107 | to protocol; directing agencies to prov ide technical | |
36 | 108 | assistance; providing certain construction; amending | |
37 | 109 | 70 O.S. 2021, Section 24 -158, which relates t o the | |
38 | 110 | Oklahoma Prevention Needs Assessment Survey; | |
39 | 111 | requiring prior written notification to parents and | |
40 | 112 | legal guardians of students to be adminis tered | |
41 | 113 | certain survey; providing for notification of opt | |
42 | 114 | out; directing submission of survey prior to | |
43 | 115 | administration; providing for codification; providing | |
44 | 116 | an effective date; and declaring an emergency. | |
45 | 117 | ||
46 | - | ENR. H. B. NO. 4106 Page 2 | |
47 | 118 | ||
48 | - | SUBJECT: Schools | |
49 | 119 | ||
50 | 120 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
51 | - | ||
52 | 121 | SECTION 1. NEW LAW A new section of law to be codified | |
53 | 122 | in the Oklahoma Statutes as Section 24-159 of Title 70, unless there | |
54 | 123 | is created a duplication in numbering, reads as follows: | |
55 | - | ||
56 | 124 | A. Each public school dis trict shall maintain a protocol for | |
57 | 125 | responding to students in mental health crisis with the goal of | |
58 | 126 | preventing student suicide, self-harm, and harm to others. | |
59 | - | ||
60 | 127 | 1. The protocol shall be developed , maintained, and implemented | |
61 | 128 | in partnership with one or more local mental health treatment | |
62 | 129 | providers certified by the Department of Mental Health and Substance | |
63 | 130 | Abuse Services. At least one provider partner shall have: | |
64 | 131 | ||
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65 | 157 | a. the ability to serve all school-aged children | |
66 | 158 | regardless of insurance status , and | |
67 | - | ||
68 | 159 | b. the ability and certification to provide mental health | |
69 | 160 | crisis services in the region where studen ts attend | |
70 | 161 | school. | |
71 | - | ||
72 | 162 | 2. Any organization cer tified by the state as a community | |
73 | 163 | mental health center as defined in Section 3 -302 of Title 43A of the | |
74 | 164 | Oklahoma Statutes or a Certified Community Behavioral Health Clinic | |
75 | 165 | shall serve as a school partner if requested by a school district | |
76 | 166 | located in its state-designated service area. | |
77 | - | ||
78 | 167 | B. The protocol for responding to mental health crises shall, | |
79 | 168 | at a minimum: | |
80 | - | ||
81 | 169 | 1. Provide a definition of mental health crisis involving | |
82 | 170 | potential for harm to self or others; | |
83 | - | ||
84 | 171 | 2. Document how mental health cris es may be identified by | |
85 | 172 | school administrators, teachers, support employees, and school-based | |
86 | 173 | mental health professionals; | |
87 | - | ||
88 | 174 | 3. Outline nonpunitive steps to safeguard student health and | |
89 | 175 | safety in response to an immediate or potential mental health | |
90 | 176 | crisis; | |
91 | - | ENR. H. B. NO. 4106 Page 3 | |
92 | 177 | 4. Identify local treatment providers and resources available | |
93 | 178 | to support students and families in mental health crisis and ensure | |
94 | 179 | appropriate referrals to treatment; | |
95 | 180 | ||
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96 | 206 | 5. Outline a process for ensuring parent and caregiver | |
97 | 207 | notification and involvement during an actual or potential mental | |
98 | 208 | health crisis; and | |
99 | - | ||
100 | 209 | 6. Document how student privacy will be protected in compliance | |
101 | 210 | with applicable state and federal laws. | |
102 | - | ||
103 | 211 | C. If a student who is under eighteen (18) years of age is | |
104 | 212 | identified as being in or at risk of a mental health crisis, the | |
105 | 213 | school shall inform the parent or legal guardian of the student and | |
106 | 214 | offer the treatment referral information contained in the protocol. | |
107 | 215 | Parent or legal guardian consent shall be required for any | |
108 | 216 | subsequent action taken by the school as part of the proto col except | |
109 | 217 | in cases of immediate and life -threatening danger to self or oth ers. | |
110 | - | ||
111 | 218 | D. All protocols developed by school districts and partner | |
112 | 219 | organizations shall comply with the Health Insurance Portability and | |
113 | 220 | Accountability Act (HIPAA) of 1996 and Family E ducational Rights and | |
114 | 221 | Privacy Act (FERPA) privacy requirements. | |
115 | - | ||
116 | 222 | E. School administrators, teachers, support employees, and | |
117 | 223 | school-based mental health providers shall be provided ready access | |
118 | 224 | to and regular training on the protocol. | |
119 | - | ||
120 | 225 | F. A working agreement shall be signed by the school district | |
121 | 226 | board of education and each identified mental health provider | |
122 | 227 | partner outlining all obligations of the parties under the | |
123 | 228 | established protocol and a strategy for regularl y reviewing its | |
124 | 229 | effectiveness using anonymous, nonidentifiable data. | |
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125 | 255 | ||
126 | 256 | G. Not less than every two (2) years, the school district and | |
127 | 257 | its mental health provider partners shall jointly review the | |
128 | 258 | protocol and working agreements and consider any updates necessary | |
129 | 259 | to better meet the needs of students . School districts and mental | |
130 | 260 | health provider partners shall include in their review process | |
131 | 261 | information gathered from the Oklahoma Prevention Needs Assessment | |
132 | 262 | Survey or an alternative survey, as provided for in Section 24 -158 | |
133 | 263 | of Title 70 of the Oklahoma Statutes . | |
134 | - | ||
135 | 264 | H. Each school district shall submit the latest protocol and | |
136 | - | working agreements to the State Department of Education, which shall | |
265 | + | working agreements to the State Department of Education, which shall | |
137 | 266 | share the protocols and agreement s with the Department of Mental | |
138 | 267 | Health and Substance Abuse Services. These agencies may require | |
139 | 268 | revisions to ensure compliance with applicable laws, regulatio ns, | |
140 | 269 | and established evidence -based practices. | |
141 | - | ||
142 | 270 | I. The Department of Mental Health and Substance Abuse Services | |
143 | 271 | and the State Department of Education shall prov ide technical | |
144 | 272 | assistance to school districts and their provider partners by: | |
145 | - | ||
146 | 273 | 1. Making available an optional template protocol which | |
147 | 274 | satisfies the provisions of this section; | |
148 | - | ||
149 | 275 | 2. Making available an optional template working agreement | |
150 | 276 | which can be adopted by schools and provider part ners; | |
151 | - | ||
152 | 277 | 3. Providing school districts with lists of local public and | |
153 | 278 | private treatment providers eligible to serve as partners in the | |
154 | 279 | development and maintenance of a protocol; | |
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156 | 306 | 4. Providing information on any available mental health crisis | |
157 | 307 | phone line; | |
158 | - | ||
159 | 308 | 5. Making available information on evidence-based practices for | |
160 | 309 | meeting the mental health needs of students; and | |
161 | - | ||
162 | 310 | 6. Providing ongoing assistance and consultation as re quested | |
163 | 311 | by a school district. | |
164 | - | ||
165 | 312 | J. The Board of Mental Health and Substance Abuse Services a nd | |
166 | 313 | the State Board of Education may promulgate rules as ne cessary to | |
167 | 314 | ensure compliance with this section. | |
168 | - | ||
169 | 315 | K. Nothing in this section shall be construed to create, | |
170 | 316 | establish, expand, reduce, contract, or eliminate any civil | |
171 | 317 | liability on the part of any sch ool or school employee. | |
172 | - | ||
173 | 318 | SECTION 2. AMENDATORY 70 O.S. 2021, Section 24 -158, is | |
174 | 319 | amended to read as follows: | |
175 | - | ||
176 | - | Section 24-158. A. The "Oklahoma Prevention Needs Assessment | |
177 | - | Survey" means the biennial mental health prevention survey o f public | |
320 | + | Section 24-158. A. The “Oklahoma Prevention Needs Assessment | |
321 | + | Survey” means the biennial mental health prevention survey o f public | |
178 | 322 | school students in grades six, eight, ten , and twelve managed by the | |
179 | 323 | Department of Mental Health and Substance Abuse Services. | |
180 | - | ENR. H. B. NO. 4106 Page 5 | |
181 | 324 | B. Beginning in the 2022 -2023 school year, and biennially | |
182 | 325 | thereafter, public schools shall administer the Oklahoma Prev ention | |
183 | 326 | Needs Assessment Survey, or an alternative survey as provided in | |
184 | 327 | subsection D of this section, for the purpose of providing direction | |
185 | 328 | to schools, school distr icts, and communities to effectively improve | |
186 | 329 | the lives of students regarding a variety of i ssues with a focus on | |
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187 | 356 | alcohol, tobacco, other drug use, mental health, academic failure , | |
188 | 357 | and violence. | |
189 | - | ||
190 | 358 | C. The Department of Mental Health and Substance Abuse Servic es | |
191 | 359 | shall maintain the Oklahoma Preven tion Needs Assessment Survey and | |
192 | 360 | shall provide technic al assistance for schools in survey | |
193 | 361 | administration, reporting, planning , and development of school | |
194 | 362 | mental health prevention and intervention strategies informed by t he | |
195 | 363 | survey results. | |
196 | - | ||
197 | 364 | D. If a school or school district chooses to administer an | |
198 | 365 | alternative survey or assessment tool to fulfill the purpose | |
199 | 366 | described in subsection B of this section, it may apply for a waiver | |
200 | 367 | through the Department of Mental Health and Sub stance Abuse | |
201 | 368 | Services. | |
202 | - | ||
203 | 369 | E. The school district superintendent or his or her designee | |
204 | 370 | shall provide prior written notification to the parents or legal | |
205 | 371 | guardians of students to be administered the Oklahoma Prevention | |
206 | 372 | Needs Assessment Survey or an alternative survey or assessment tool | |
207 | 373 | adopted pursuant to subsection D of this section. The notificat ion | |
208 | 374 | shall include information to parents and legal guardians that they | |
209 | 375 | may opt their student out of the survey or assessment tool by | |
210 | 376 | providing written notice to the school district. | |
211 | - | ||
212 | 377 | F. Prior to the biennial administration of the Oklahoma | |
213 | 378 | Prevention Needs Assessment Survey, the Department of Mental Health | |
214 | 379 | and Substance Abuse Services shall submit the survey to the | |
215 | - | President Pro Tempore of the Oklahoma State Senate, the Speaker of | |
216 | - | the Oklahoma House of Representatives, the chairs of the committees | |
217 | - | with responsibility over common ed ucation in both houses of the | |
218 | - | Legislature, and the chairs of the committees with responsibility | |
219 | - | over public health in both houses of the Legisla ture. | |
220 | 380 | ||
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406 | + | President Pro Tempore of the Senate, the Speaker of th e House of | |
407 | + | Representatives, the chairs of the committees with responsibility | |
408 | + | over common education in both houses of the Legislature , and the | |
409 | + | chairs of the committees with responsibility over public health in | |
410 | + | both houses of the Legislature. | |
221 | 411 | G. The provisions of this section shall be subjec t to the | |
222 | 412 | availability of federal funding. If federal fu nding is insufficient | |
223 | 413 | to provide the Oklahoma Prevention Needs Assessment Survey to public | |
224 | 414 | schools on a biennial basis, administration of the survey shall not | |
225 | - | be required. ENR. H. B. NO. 4106 Page 6 | |
226 | - | ||
415 | + | be required. | |
227 | 416 | F. H. The Board of Mental H ealth and Substance Abuse Services | |
228 | 417 | and the State Board o f Education may promulgate rules as necessary | |
229 | 418 | to carry out the provisions of this section. | |
230 | - | ||
231 | 419 | SECTION 3. This act shall become effective July 1, 2022. | |
232 | - | ||
233 | 420 | SECTION 4. It being immediately necessary for the preservation | |
234 | 421 | of the public peace, health or safety, an emergency is hereby | |
235 | 422 | declared to exist, by reason whereof this act shall take effect and | |
423 | + | be in full force from and after its passag e and approval." | |
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451 | + | Passed the Senate the 28th day of April, 2022. | |
452 | + | ||
453 | + | ||
454 | + | ||
455 | + | Presiding Officer of the Senate | |
456 | + | ||
457 | + | ||
458 | + | Passed the House of Representatives the ____ day of __________, | |
459 | + | 2022. | |
460 | + | ||
461 | + | ||
462 | + | ||
463 | + | Presiding Officer of the House | |
464 | + | of Representatives | |
465 | + | ||
466 | + | ENGR. H. B. NO. 4106 Page 1 1 | |
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491 | + | ENGROSSED HOUSE | |
492 | + | BILL NO. 4106 By: Vancuren and Lawson of the | |
493 | + | House | |
494 | + | ||
495 | + | and | |
496 | + | ||
497 | + | Pemberton of the Senate | |
498 | + | ||
499 | + | ||
500 | + | ||
501 | + | ||
502 | + | ||
503 | + | [ schools - protocol for responding to students in | |
504 | + | mental health crisis - requirements for protocol - | |
505 | + | protocol to Department of Mental Health and | |
506 | + | Substance Abuse Services and the State Department | |
507 | + | of Education - effective date – | |
508 | + | emergency ] | |
509 | + | ||
510 | + | ||
511 | + | ||
512 | + | ||
513 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
514 | + | SECTION 5. NEW LAW A new section of law to be codified | |
515 | + | in the Oklahoma Statutes as Section 24-159 of Title 70, unless there | |
516 | + | is created a duplication in numbering, reads as follows: | |
517 | + | A. Each public school dis trict shall maintain a protocol for | |
518 | + | responding to students in mental health crisis with the goal of | |
519 | + | preventing student suicide, self-harm, and harm to others. | |
520 | + | 1. The protocol shall be developed , maintained, and implemented | |
521 | + | in partnership with one or more local mental health treatment | |
522 | + | ||
523 | + | ENGR. H. B. NO. 4106 Page 2 1 | |
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548 | + | providers certified by the Department of Mental He alth and Substance | |
549 | + | Abuse Services. At least one provider partner shall have: | |
550 | + | a. the ability to serve all school-aged children | |
551 | + | regardless of insurance status , and | |
552 | + | b. the ability and certification to provide mental health | |
553 | + | crisis services in the region where studen ts attend | |
554 | + | school. | |
555 | + | 2. Any organization cer tified by the state as a community | |
556 | + | mental health center as defined in Section 3 -302 of Title 43A of the | |
557 | + | Oklahoma Statutes or a Certified Community Behavioral Health Clinic | |
558 | + | shall serve as a school partner if r equested by a school district | |
559 | + | located in its state-designated service area. | |
560 | + | B. The protocol for responding to mental health crises shall, | |
561 | + | at a minimum: | |
562 | + | 1. Provide a definition of mental health crisis involving | |
563 | + | potential for harm to self or others; | |
564 | + | 2. Document how mental health cris es may be identified by | |
565 | + | school administrators, teachers, support employees, and school-based | |
566 | + | mental health professionals; | |
567 | + | 3. Outline nonpunitive steps to safeguard student health and | |
568 | + | safety in response to an immediate or poten tial mental health | |
569 | + | crisis; | |
570 | + | ||
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595 | + | ||
596 | + | 4. Identify local treatment providers and resources available | |
597 | + | to support students and families in mental health crisis, and ensure | |
598 | + | appropriate referrals to treatment; | |
599 | + | 5. Outline a process for ensuring parent and caregiver | |
600 | + | notification and involvement during an actual or potential mental | |
601 | + | health crisis; and | |
602 | + | 6. Document how student privacy will be protected in compliance | |
603 | + | with applicable state and federal laws. | |
604 | + | C. If a student who is under eighteen (18) years of age is | |
605 | + | identified as being in or at risk of a mental health crisis, the | |
606 | + | school shall inform the parent or guardian of the student and offer | |
607 | + | the treatment referral information contained in the protocol. | |
608 | + | Parent or guardian consent shall be required for any subsequent | |
609 | + | action taken by the school as part of the proto col except in cases | |
610 | + | of immediate and life -threatening danger to self or oth ers. | |
611 | + | D. All protocols developed by school districts and partner | |
612 | + | organizations shall comply with the Health Insurance Portability and | |
613 | + | Accountability Act (HIPAA) of 1996 and Family E ducational Rights and | |
614 | + | Privacy Act (FERPA) privacy requirements. | |
615 | + | E. School administrators, teachers, support employees, and | |
616 | + | school-based mental health providers shall be provided ready access | |
617 | + | to and regular training on the protocol. | |
618 | + | F. A working agreement shall be signed by the board of | |
619 | + | education of the school district and each identified mental health | |
620 | + | ||
621 | + | ENGR. H. B. NO. 4106 Page 4 1 | |
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645 | + | ||
646 | + | provider partner outlining all obligations of the parties under the | |
647 | + | established protocol and a strategy for regularl y reviewing its | |
648 | + | effectiveness using anonymous, nonidentifiable data. | |
649 | + | G. Not less than every two (2) years, the school district and | |
650 | + | its mental health provider partners shall jointly review the | |
651 | + | protocol and working agreements and consider any updates necessary | |
652 | + | to better meet the needs of students . School districts and mental | |
653 | + | health provider partners shall include in their review process | |
654 | + | information gathered from the Oklahoma Prevention Needs Assessment | |
655 | + | Survey or a comparable surv ey. | |
656 | + | H. Each school district shall submit the latest protocol and | |
657 | + | working agreements to the State Department of Education, which shall | |
658 | + | share the protocols and agreements with the Department of Menta l | |
659 | + | Health and Substance Abuse Services. These agencies may require | |
660 | + | revisions to ensure compliance with applicable laws, regulatio ns, | |
661 | + | and established evidence -based practices. | |
662 | + | I. The Department of Mental Health and Substance Abuse Services | |
663 | + | and the State Department of Education shall prov ide technical | |
664 | + | assistance to school district s and their provider partners by: | |
665 | + | 1. Making available an optional template protocol which | |
666 | + | satisfies the provisions of this section; | |
667 | + | 2. Making available an optional template working agreement | |
668 | + | which can be adopted by schools and provider partners; | |
669 | + | ||
670 | + | ENGR. H. B. NO. 4106 Page 5 1 | |
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694 | + | ||
695 | + | 3. Providing school districts with lists of local public and | |
696 | + | private treatment providers eligible to serve as partners in the | |
697 | + | development and maintenance of a protocol; | |
698 | + | 4. Providing information on any available mental health crisis | |
699 | + | phone line; | |
700 | + | 5. Making available information on evidence-based practices for | |
701 | + | meeting the mental health needs of students; and | |
702 | + | 6. Providing ongoing assistance and consultation as requested | |
703 | + | by a school district. | |
704 | + | J. The Department of Mental Health and Substance Abuse Services | |
705 | + | and the State Department of Education may promulgate rules as | |
706 | + | necessary to ensure compliance with this section. | |
707 | + | K. Nothing in this section shall be construed to create, | |
708 | + | establish, expand, re duce, contract, or eliminate any civil | |
709 | + | liability on the part of any school or school employee. | |
710 | + | SECTION 6. This act shall become effective July 1, 2022. | |
711 | + | SECTION 7. It being immediately necessary for the preservation | |
712 | + | of the public peace, health or safety, an emergency is hereby | |
713 | + | declared to exist, by reason whereof this act shall take effect and | |
236 | 714 | be in full force from and after its passage and approval. | |
237 | - | ENR. H. B. NO. 4106 Page 7 | |
238 | 715 | ||
239 | - | Passed the House of Representatives the 12th day of May, 2022. | |
716 | + | ||
717 | + | ENGR. H. B. NO. 4106 Page 6 1 | |
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741 | + | ||
742 | + | Passed the House of Representatives the 9th day of March, 2022. | |
240 | 743 | ||
241 | 744 | ||
242 | 745 | ||
243 | 746 | ||
244 | 747 | Presiding Officer of the House | |
245 | 748 | of Representatives | |
246 | 749 | ||
247 | 750 | ||
248 | - | Passed the Senate the | |
751 | + | Passed the Senate the ___ day of __________, 2022. | |
249 | 752 | ||
250 | 753 | ||
251 | 754 | ||
252 | 755 | ||
253 | 756 | Presiding Officer of th e Senate | |
254 | 757 | ||
255 | 758 | ||
256 | 759 | ||
257 | - | OFFICE OF THE GOVERNOR | |
258 | - | Received by the Office of the Governor this ____________________ | |
259 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
260 | - | By: _________________________________ | |
261 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
262 | - | day of _______________ ____, 20_______, at _______ o'clock _______ M. | |
263 | - | ||
264 | - | ||
265 | - | _________________________________ | |
266 | - | Governor of the State of Oklahoma | |
267 | - | ||
268 | - | OFFICE OF THE SECRETARY OF STATE | |
269 | - | Received by the Office of the Secretary of State this __________ | |
270 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
271 | - | By: _________________________________ |