ENGR. H. A. to ENGR. S. B. NO. 397 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE AMENDME NT
TO
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 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 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.
AUTHOR: Add the following House coauthors: Hardin, Olsen, Gann,
Humphrey, West (Rick), Maynard, Kane, Banning, and
Crosswhite Hader
AMENDMENT NO. 1. Page 1, Line 20, delete SECTION 1 in its entirety
and replace with a new SECTION 1 to read as
follows:
ENGR. H. A. to ENGR. S. B. NO. 397 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
"SECTION 1. AMENDATORY Section 1, Chapter 106, O.S.L.
2022 (70 O.S. Supp. 2022, Section 11 -201), is amended to read as
follows:
Section 11-201. A. As school library me dia center resources
are finite, the library media program shall be reflective of the
community standards for the population the librar y media center
serves when acquiring an age-appropriate collection of print
materials, nonprint materials, multimedia res ources, equipment, and
supplies adequate in quality and quan tity to meet the needs of
students in all areas of the school library media program.
B. To ensure appropriate compliance with this section, the
Oklahoma Department of Libraries shall develop uniform procedures to
be approved by the Legislature and adopted by school districts for
the review and acquisition of collection materials. It shall be the
duty of each school distric t to enforce the provisio ns of this
section. The procedures shall be develop ed by the Oklahoma
Department of Libraries and a dopted by each school district no later
than July 1, 2024.
C. The Oklahoma Department of L ibraries shall submit the
adopted procedures to the Speaker of the House of Representatives ,
or a designee, and the President Pro Tempore of the Senate , or a
designee, prior to the last thirty (30) days of the legislat ive
session. By adoption of a joint resolution, the Le gislature shall
approve the procedures, disapprove the procedures in whole or in
ENGR. H. A. to ENGR. S. B. NO. 397 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
part, amend the procedures in whole or in part or disapprove the
procedures in whole or in part with instructions to the Oklahoma
Department of Libraries, provided that such j oint resolution becomes
law in accordance with Section 11 of Article VI of the Oklahoma
Constitution. If the joint resolution is vetoed by the Governor in
accordance with Section 11 of Article VI of t he Oklahoma
Constitution and the veto has not been over ridden, the procedures
shall be deemed approved. If the Legislature fails to adopt a joint
resolution within thirty (30) legislative days following submission
of the procedures, the procedures shall be deemed approved.
D. If the procedures are disapproved in whole or are
disapproved in whole with instructions as provided for in this
section, the Oklahoma Department of Libraries may adopt new
procedures and submit the new procedures for legislative review
pursuant to this section. If the procedures are amended, approved
in part or are disapproved in part with instructions, the Oklahoma
Department of Libraries may revise the procedures in accordance with
the legislative changes and implement the procedures.
E. Upon final approval of the procedures, the standards shall
be considered final agency rules. The Oklahoma Department of
Libraries shall submit a copy of the procedures to the Secretary of
State, who shall inc lude the procedures in the publication known as
the "Oklahoma Administrative Code " in the same manner as agency
rules are published in the "Code" as provided for in the
ENGR. H. A. to ENGR. S. B. NO. 397 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Administrative Procedures Act. All procedures approved and
published as provided for i n this subsection shall have the same
force and effect of law as agency rules promulgated pur suant to the
Administrative Procedures Act."
and renumber subsequent sections
and amend title to conform
Passed the House of Representatives the 27th day of April, 2023.
Presiding Officer of th e House of
Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate
ENGR. S. B. NO. 397 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 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 2. 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. By September 1, 2023, each school district board of
education, charter school governing bo dy, and public library
ENGR. S. B. NO. 397 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
governing body shall appoint a committee to conduct an inventory of
print and nonprint mat erials 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
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.
ENGR. S. B. NO. 397 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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.
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
ENGR. S. B. NO. 397 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(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 3. This act shall become effective July 1, 2023.
SECTION 4. 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 fro m and after its passage and ap proval.
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives