OK
Oklahoma Senate Bill SB397

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB397 Compare Versions

OldNewDifferences
11
22
3-ENGR. H. A. to ENGR. S. B. NO. 397 Page 1 1
3+SB397 HFLR Page 1
4+BOLD FACE denotes Committee Amendments. 1
45 2
56 3
67 4
78 5
89 6
910 7
1011 8
1112 9
1213 10
1314 11
1415 12
1516 13
1617 14
1718 15
1819 16
1920 17
2021 18
2122 19
2223 20
2324 21
2425 22
2526 23
2627 24
2728
28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 397 By: Hamilton, Burns, Jett, and
31-Bullard of the Senate
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
3230
33- and
31+STATE OF OKLAHOMA
3432
35- Conley of the House
36-
37-
38-
39-
40-An Act relating to schools; directing school district
41-boards of education and charter school and public
42-library governing boards t o appoint certain committee
43-by certain date; requiring certain employee to be
44-included on committee; requiring certain inventory to
45-be completed by certain date ; directing designati on
46-of print and nonprint materials and media ; directing
47-school districts and charter schools beginning on
48-certain date to only include certain materials and
49-media with certain designations in certain school
50-libraries; allowing students access to certain
51-materials and media only with certain written
52-consent; directing public libra ries beginning on
53-certain date to place materials and media with
54-certain designation in certain section; allowing
55-certain individuals access to cer tain materials and
56-media only with certain written consent; prohibiting
57-school district, charter school, and public libraries
58-beginning on certain date from including materials
59-and media with certain content; providing for
60-codification; providing an effective date; and
61-declaring an emergency.
62-
63-
64-
65-
66-AUTHOR: Add the following House coauthors: Hardin, Olsen, Gann,
67-Humphrey, West (Rick), Maynard, Kane, Banning, and
68-Crosswhite Hader
69-
70-
71-
72-AMENDMENT NO. 1. Page 1, Line 20, delete SECTION 1 in its entirety
73-and replace with a new SECTION 1 to read as
74-follows:
75-
76-ENGR. H. A. to ENGR. S. B. NO. 397 Page 2 1
77-2
78-3
79-4
80-5
81-6
82-7
83-8
84-9
85-10
86-11
87-12
88-13
89-14
90-15
91-16
92-17
93-18
94-19
95-20
96-21
97-22
98-23
99-24
100-
101-"SECTION 1. AMENDATORY Section 1, Chapter 106, O.S.L.
102-2022 (70 O.S. Supp. 2022, Section 11 -201), is amended to read as
103-follows:
104-Section 11-201. A. As school library me dia center resources
105-are finite, the library media program shall be reflective of the
106-community standards for the population the librar y media center
107-serves when acquiring an age-appropriate collection of print
108-materials, nonprint materials, multimedia res ources, equipment, and
109-supplies adequate in quality and quan tity to meet the needs of
110-students in all areas of the school library media program.
111-B. To ensure appropriate compliance with this section, the
112-Oklahoma Department of Libraries shall develop uniform procedures to
113-be approved by the Legislature and adopted by school districts for
114-the review and acquisition of collection materials. It shall be the
115-duty of each school distric t to enforce the provisio ns of this
116-section. The procedures shall be develop ed by the Oklahoma
117-Department of Libraries and a dopted by each school district no later
118-than July 1, 2024.
119-C. The Oklahoma Department of L ibraries shall submit the
120-adopted procedures to the Speaker of the House of Representatives ,
121-or a designee, and the President Pro Tempore of the Senate , or a
122-designee, prior to the last thirty (30) days of the legislat ive
123-session. By adoption of a joint resolution, the Le gislature shall
124-approve the procedures, disapprove the procedures in whole or in
125-
126-ENGR. H. A. to ENGR. S. B. NO. 397 Page 3 1
127-2
128-3
129-4
130-5
131-6
132-7
133-8
134-9
135-10
136-11
137-12
138-13
139-14
140-15
141-16
142-17
143-18
144-19
145-20
146-21
147-22
148-23
149-24
150-
151-part, amend the procedures in whole or in part or disapprove the
152-procedures in whole or in part with instructions to the Oklahoma
153-Department of Libraries, provided that such j oint resolution becomes
154-law in accordance with Section 11 of Article VI of the Oklahoma
155-Constitution. If the joint resolution is vetoed by the Governor in
156-accordance with Section 11 of Article VI of t he Oklahoma
157-Constitution and the veto has not been over ridden, the procedures
158-shall be deemed approved. If the Legislature fails to adopt a joint
159-resolution within thirty (30) legislative days following submission
160-of the procedures, the procedures shall be deemed approved.
161-D. If the procedures are disapproved in whole or are
162-disapproved in whole with instructions as provided for in this
163-section, the Oklahoma Department of Libraries may adopt new
164-procedures and submit the new procedures for legislative review
165-pursuant to this section. If the procedures are amended, approved
166-in part or are disapproved in part with instructions, the Oklahoma
167-Department of Libraries may revise the procedures in accordance with
168-the legislative changes and implement the procedures.
169-E. Upon final approval of the procedures, the standards shall
170-be considered final agency rules. The Oklahoma Department of
171-Libraries shall submit a copy of the procedures to the Secretary of
172-State, who shall inc lude the procedures in the publication known as
173-the "Oklahoma Administrative Code " in the same manner as agency
174-rules are published in the "Code" as provided for in the
175-
176-ENGR. H. A. to ENGR. S. B. NO. 397 Page 4 1
177-2
178-3
179-4
180-5
181-6
182-7
183-8
184-9
185-10
186-11
187-12
188-13
189-14
190-15
191-16
192-17
193-18
194-19
195-20
196-21
197-22
198-23
199-24
200-
201-Administrative Procedures Act. All procedures approved and
202-published as provided for i n this subsection shall have the same
203-force and effect of law as agency rules promulgated pur suant to the
204-Administrative Procedures Act."
205-and renumber subsequent sections
206-
207-and amend title to conform
208-
209-Passed the House of Representatives the 27th day of April, 2023.
210-
211-
212-
213-
214-
215-Presiding Officer of th e House of
216- Representatives
217-
218-
219-Passed the Senate the ____ day of __________, 2023.
220-
221-
222-
223-
224-
225-Presiding Officer of the Senate
226-
227-
228-ENGR. S. B. NO. 397 Page 1 1
229-2
230-3
231-4
232-5
233-6
234-7
235-8
236-9
237-10
238-11
239-12
240-13
241-14
242-15
243-16
244-17
245-18
246-19
247-20
248-21
249-22
250-23
251-24
33+1st Session of the 59th Legislature (2023)
25234
25335 ENGROSSED SENATE
25436 BILL NO. 397 By: Hamilton, Burns, Jett, and
25537 Bullard of the Senate
25638
25739 and
25840
25941 Conley of the House
26042
26143
26244
26345 An Act relating to schools; directing school district
26446 boards of education and charter school and public
26547 library governing boards t o appoint certain committee
26648 by certain date; requiring certain employee to be
26749 included on committee; requiring certain inventory to
26850 be completed by certain date ; directing designati on
26951 of print and nonprint materials and media ; directing
27052 school districts and charter schools beginning on
27153 certain date to only inc lude certain materials and
27254 media with certain designations in certain school
27355 libraries; allowing students access to certain
27456 materials and media only with certain written
27557 consent; directing public libra ries beginning on
27658 certain date to place materials and media with
27759 certain designation in certain section; allowing
27860 certain individuals access to cer tain materials and
27961 media only with certain written consent; prohibiting
28062 school district, charter school, and public libraries
28163 beginning on certain date from including materials
28264 and media with certain content; providing for
28365 codification; providing an effective date; and
28466 declaring an emergency.
28567
28668
28769
28870
28971 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
290-SECTION 2. NEW LAW A new section of law to be codified
291-in the Oklahoma Statu tes as Section 11-203 of Title 70, unless there
292-is created a duplication in numb ering, reads as follows:
293-A. By September 1, 2023, each school district board of
294-education, charter school governing bo dy, and public library
29572
296-ENGR. S. B. NO. 397 Page 2 1
73+SB397 HFLR Page 2
74+BOLD FACE denotes Committee Amendments. 1
29775 2
29876 3
29977 4
30078 5
30179 6
30280 7
30381 8
30482 9
30583 10
30684 11
30785 12
30886 13
30987 14
31088 15
31189 16
31290 17
31391 18
31492 19
31593 20
31694 21
31795 22
31896 23
31997 24
32098
99+SECTION 1. NEW LAW A new section of law to be codified
100+in the Oklahoma Statu tes as Section 11-203 of Title 70, unless there
101+is created a duplication in numbering, reads as follows:
102+A. By September 1, 2023, each school district board of
103+education, charter school governing bo dy, and public library
321104 governing body shall appoint a committee to conduct an inventory of
322105 print and nonprint materials and media located in their libraries.
323106 A library media specialist employed by a school district or charter
324107 school shall be included on the committee. The inventory shall be
325108 completed by July 1, 2024. Print and nonprint materials and media
326109 shall be designated with one of the following ratings:
327110 1. “Elementary” means the content of the print or nonprint
328111 material or media is suitable for children enrolled in grades pre-
329112 kindergarten through five in this state;
330113 2. “Junior high” means the content of the print or nonprint
331114 material or media may not include material unsuitable for a child
332115 enrolled in grades six, seven, and eight in this state, and parents
333116 and legal guardians are e ncouraged to provide guidance to their
334117 children in selecting print and nonprint materials and media rated
335118 “junior high”;
336119 3. “Under 16” means the content of the print or nonprint
337120 materials or media may not include material inappropria te for
338121 children under the age of sixteen (16), and parents and legal
339122 guardians are urged to provide guidance to their children in
340-selecting print and nonprint materials and media rated “under 16”;
341-and
342-4. “Juniors and seniors” means the content of the print or
343-nonprint material or media may include some material not suitable
344-for minors.
345123
346-ENGR. S. B. NO. 397 Page 3 1
124+SB397 HFLR Page 3
125+BOLD FACE denotes Committee Amendments. 1
347126 2
348127 3
349128 4
350129 5
351130 6
352131 7
353132 8
354133 9
355134 10
356135 11
357136 12
358137 13
359138 14
360139 15
361140 16
362141 17
363142 18
364143 19
365144 20
366145 21
367146 22
368147 23
369148 24
370149
150+selecting print and nonprint materials and media rated “under 16”;
151+and
152+4. “Juniors and seniors” means the content of the print or
153+nonprint material or media may include some material not suitable
154+for minors.
371155 B. Beginning July 1, 2024, school districts and charter schools
372156 shall:
373157 1. Include only print and nonprint materials and media
374158 designated as “elementary” in elementary school libraries serving
375159 students in grades pre -kindergarten through five;
376160 2. Include only print and nonprint materials and media
377161 designated as “elementary” or “junior high” in elementary school
378162 libraries that serve students in grades pre-kindergarten through
379163 eight;
380164 3. Include only print and nonprint materials and media
381165 designated as “elementary”, “junior high”, or “under 16” in junior
382166 high school and high school libraries; and
383167 4. Place print and nonprint ma terials and media designated as
384168 “juniors and seniors” in a section of the library accessible only to
385169 librarians, teachers, and other school staff. Print and nonprint
386170 materials and media designated as “juniors and seniors” shall only
387171 be available to a student if he or she has presented a librarian,
388172 teacher, or other school staff with written consent from a parent or
389173 legal guardian.
390-C. Beginning July 1, 2024, public libraries shall place print
391-and nonprint materials and media designated as “juniors and seniors”
392-in a section of the library accessible only to library staff. Print
393-and nonprint materials and media designated as “juniors and seniors”
394-shall only be available to an individual under the age of eighteen
395174
396-ENGR. S. B. NO. 397 Page 4 1
175+SB397 HFLR Page 4
176+BOLD FACE denotes Committee Amendments. 1
397177 2
398178 3
399179 4
400180 5
401181 6
402182 7
403183 8
404184 9
405185 10
406186 11
407187 12
408188 13
409189 14
410190 15
411191 16
412192 17
413193 18
414194 19
415195 20
416196 21
417197 22
418198 23
419199 24
420200
201+C. Beginning July 1, 2024, public libraries shall place print
202+and nonprint materials and media designated as “juniors and seniors”
203+in a section of the library accessible only to library staff. Print
204+and nonprint materials and media designated as “juniors and seniors”
205+shall only be available to an individual under the age of eighteen
421206 (18) if he or she has presented library staff with written consent
422207 from a parent or legal guardian .
423208 D. Beginning July 1, 2024, no print or nonprint material or
424209 media in a school district library, charter school library, or
425210 public library shall include content that the average person age
426211 eighteen (18) or older applying contemporary community standards
427212 would find has a pred ominant tendency to appeal to a prurient
428213 interest in sex.
429-SECTION 3. This act shall become effective July 1, 2023.
430-SECTION 4. It being immediately ne cessary for the preservation
214+SECTION 2. This act shall become effective July 1, 2023.
215+SECTION 3. It being immediately ne cessary for the preservation
431216 of the public peace, health , or safety, an emergency is hereby
432217 declared to exist, by reason whe reof this act shall take effect and
433218 be in full force from and after its passage and ap proval.
434-Passed the Senate the 7th day of March, 2023.
435219
436-
437-
438- Presiding Officer of the Senate
439-
440-
441-Passed the House of Representatives the ____ day of __________,
442-2023.
443-
444-
445-
446- Presiding Officer of the House
447- of Representatives
448-
449-
220+DIRECT TO CALENDAR.