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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 397 By: Hamilton, Burns, Jett, and
Bullard of the Senate
and
Conley of the House
An Act relating to schools; directing school district
boards of education and charter school and public
library governing boards t o appoint certain committee
by certain date; requiring certain employee to be
included on committee; requiring certain inventory to
be completed by certain date ; directing designati on
of print and nonprint materials and media ; directing
school districts and charter schools beginning on
certain date to only inc lude 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 libra ries beginning on
certain date to place materials and media with
certain designation in certain section; allowing
certain individuals access to cer tain 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:
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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 numbering, reads as follows:
A. By September 1, 2023, each school district board of
education, charter school governing bo dy, and public library
governing body shall appoint a committee to conduct an inventory of
print and nonprint materials and media located in their libraries.
A library media specialist employed by a school district or charter
school shall be included on the committee. The inventory shall be
completed by July 1, 2024. 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
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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:
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 ma terials 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.
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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 .
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 ne cessary 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.
DIRECT TO CALENDAR.