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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 397 By: Hamilton
AS INTRODUCED
An Act relating to schools; directing school
districts, charter schools, and public libraries
beginning on certain date to conduct cert ain
inventory; directing designation of print and
nonprint materials and media; directing school
districts and charter schools beg inning on certain
date to only include certain materials and media with
certain designations in certain school libraries;
allowing students access to certain materials and
media only with certain written consent; directing
public libraries beginning on certain date to place
materials and media with certain designation in
certain section; allowing certain individuals access
to certain materials and media only with certain
written consent; prohibiting school district, charter
school, and public libraries beginning on certain
date from including materials and media with certain
content; providing for codification; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 11-203 of Title 70, unless there
is created a duplication in numb ering, reads as follows:
A. Beginning July 1, 2023, school districts, charter schools,
and public libraries shall conduct an inventory of print and
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nonprint materials and medi a located in their libraries. Print and
nonprint materials and media shall be designated with one of the
following ratings:
1. “Elementary” means the content of the print or nonprint
material or media is suitable for children enrolled in grades pre-
kindergarten through five in this state;
2. “Junior high” means the content of the print or nonprint
material or media may not include material unsuitable for a child
enrolled in grades six, seven, and eight in this state, and parents
and legal guardians are e ncouraged to provide guidance to their
children in selecting print and nonprint materials and media rated
“junior high”;
3. “Under 16” means the content of the print or nonprint
materials or media may not include material inappropria te for
children under the age of sixteen (16), and parents and legal
guardians are urged to provide guidance to their children in
selecting print and nonprint materials and media rated “under 16”;
and
4. “Juniors and seniors” means the content of the print or
nonprint material or media may include some material not suitable
for minors.
B. Beginning July 1, 2024, school districts and charter schools
shall:
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1. Include only print and nonprint materials and media
designated as “elementary” in elementary school libraries serving
students in grades pre -kindergarten through five;
2. Include only print and nonprint materials and media
designated as “elementary” or “junior high” in elementary school
libraries that serve students in grades pre-kindergarten through
eight;
3. Include only print and nonprint materials and media
designated as “elementary”, “junior high”, or “under 16” in junior
high school and high school libraries; and
4. Place print and nonprint materials and media designated as
“juniors and seniors” in a section of the library accessible only to
librarians, teachers, and other school staff. Print and nonprint
materials and media designated as “juniors and seniors” shall only
be available to a student if he or she has presented a librarian,
teacher, or other school staff with written consent from a parent or
legal guardian.
C. Beginning July 1, 2024, public libraries shall place print
and nonprint materials and media designated as “juniors and seniors”
in a section of the library accessible only to library staff. Print
and nonprint materials and media designated as “juniors and seniors”
shall only be available to an individual under the age of eighteen
(18) if he or she has presented library staff with written consent
from a parent or legal guardian .
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D. Beginning July 1, 2024, no print or nonprint material or
media in a school district library, charter school library, or
public library shall include content that the average person age
eighteen (18) or older applying contemporary community standards
would find has a pred ominant tendency to appeal to a prurient
interest in sex.
SECTION 2. This act shall become effective July 1, 2023.
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 whe reof this act shall take effect and
be in full force from and after its passage and ap proval.
59-1-303 EB 1/16/2023 10:52:36 AM