1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3062 By: Rosecrants
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6 AS INTRODUCED
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7 An Act relating to schools; allowing school district
7 board of education to sell advertising space on
8 school buses; limiting content of advertisements;
8 establishing advertisers as independent contractors;
9 specifying remedies for breaches of advertising
9 contracts; requiring certain terms in advertising
10 contracts; providing for school board discretion in
10 disposition of advertising revenue; limiting size and
11 placement of advertising; providing for codification;
11 and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 9-121 of Title 70, unless there
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18 is created a duplication in numbering, reads as follows:
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19 A. The right to sell advertising space on school buses shall be
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20 within the sole discretion of each school district board of
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21 education.
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22 B. The board of education of any school district may enter into
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23 a contract for the sale of advertising space on the exterior sides
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24 and interior of school buses owned or leased by the school district.
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 1 A school bus contractor may enter into a contract for the sale of
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2 advertising space on the exterior sides and interior of school buses
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3 owned by the contractor, subject to the limitations provided in this
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4 section.
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5 C. No advertisement shall involve obscenity, sexual material,
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6 gambling, tobacco, alcohol, pharmaceuticals, drugs, vaping,
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7 political campaigns or content, religion, or general content that is
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8 determined by the board of education to be harmful or inappropriate
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9 for school buses.
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10 D. The board of education may reject any advertising that it
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11 deems to be inappropriate or not in the best interest of the board
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12 of education, the school district, or the students.
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13 E. A school district may solicit offers from commercial
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14 advertisers for the use of space on school buses that service the
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15 school district. The school district may enter into a lease
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16 agreement with a commercial advertiser for the use of any designated
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17 advertising space on a school bus that services the school district.
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18 SECTION 2. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 9-122 of Title 70, unless there
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20 is created a duplication in numbering, reads as follows:
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21 A. Any advertiser who contracts with a school district board of
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22 education to purchase advertising space on a school bus shall be
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23 considered an independent contractor and shall not be deemed an
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 1 agent, servant, employee, or representative of the board of
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2 education.
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3 B. If an advertiser fails to comply with the bid specifications
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4 and contract for advertisements, the advertiser shall be considered
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5 in breach of contract and the local board of education may, in its
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6 discretion, cancel the advertisement contract or pursue enforcement
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7 of the advertiser's performance bond. Advertising space shall not
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8 be used or resold by the advertiser for the promotion, either
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9 directly or indirectly, of any business, organization, or enterprise
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10 other than those specified in the original contract for
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11 advertisement. The advertiser shall protect, defend, and hold
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12 harmless the board of education from any lawsuits or actions of any
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13 nature and description brought against it as a result of the
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14 advertisement.
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15 C. The contract shall include the time schedule permitted for
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16 placement and removal of the advertisement, the term of the
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17 agreement, the rental amount, and the signatures of authorized
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18 parties. The board of education shall file and maintain a copy of
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19 the contract for a period of five (5) years from the expiration date
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20 of the contract.
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21 D. If the board of education contracts for the sale of
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22 advertising space on the exterior sides or interior of school buses,
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23 any revenue generated by the sale shall be used to support programs
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24 and services the board may deem appropriate.
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 1 SECTION 3. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 9-123 of Title 70, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. All school bus advertisements shall be affixed by decal on
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5 the bus in a manner that does not interfere with federal, state, or
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6 local requirements for school bus markings, lights, signs, emergency
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7 exits, service doors, windows, or ventilation areas of the rear
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8 engine or air-conditioning systems.
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9 B. A commercial advertiser that contracts with a school
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10 district board of education for the use of advertisement space shall
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11 pay the cost of affixing a decal for the advertisements on the bus
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12 and the cost of removing a decal after the term of the contract has
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13 expired.
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14 C. Advertisements shall not be displayed on the front of the
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15 school bus. The locations for commercial advertisements on the
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16 exterior portion of a school bus shall be limited to the following:
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17 1. At least twenty-four (24) inches from the front or rear of
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18 the bus;
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19 2. At least six (6) inches below the horizontal DOT C2
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20 reflective sheeting baseline, service or emergency exits, doors, or
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21 windows; and
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22 3. At least six (6) inches away from any wheel well opening,
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23 required lettering, or bus body reflectors.
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 1 D. The size of commercial advertisements on the exterior
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2 portion of a school bus shall be limited to the following:
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3 1. Seventy-five (75) inches wide by eighteen (18) inches high
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4 or smaller; and
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5 2. Any advertisements above the window drip rail leading toward
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6 the roof of the bus shall be thirty (30) inches wide by twelve (12)
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7 inches high or smaller.
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8 E. The amount of space permitted for commercial advertisements
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9 on the interior portion of a school bus shall be limited to the area
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10 above the side windows and shall be twenty-four (24) inches wide by
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11 twelve (12) inches high, or smaller. No advertisement on the
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12 interior of a bus shall interfere with federal, state, or local
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13 requirements for school bus markings for lights, signs, emergency
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14 exits, service doors, or windows. No advertisement shall be
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15 displayed on the front or rear of the interior of a school bus.
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16 Advertisements on the interior of a school bus shall be limited to
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17 health- and safety-related messages.
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18 SECTION 4. This act shall become effective November 1, 2024.
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20 59-2-9148 EK 01/03/24
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