1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 397 By: Hamilton
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6 AS INTRODUCED
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7 An Act relating to schools; directing school
7 districts, charter schools, and public libraries
8 beginning on certain date to conduct certain
8 inventory; directing designation of print and
9 nonprint materials and media; directing school
9 districts and charter schools beginning on certain
10 date to only include certain materials and media with
10 certain designations in certain school libraries;
11 allowing students access to certain materials and
11 media only with certain written consent; directing
12 public libraries beginning on certain date to place
12 materials and media with certain designation in
13 certain section; allowing certain individuals access
13 to certain materials and media only with certain
14 written consent; prohibiting school district, charter
14 school, and public libraries beginning on certain
15 date from including materials and media with certain
15 content; providing for codification; providing an
16 effective date; and declaring an emergency.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. NEW LAW A new section of law to be codified
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21 in the Oklahoma Statutes as Section 11-203 of Title 70, unless there
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22 is created a duplication in numbering, reads as follows:
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23 A. Beginning July 1, 2023, school districts, charter schools,
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24 and public libraries shall conduct an inventory of print and
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 1 nonprint materials and media located in their libraries. Print and
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2 nonprint materials and media shall be designated with one of the
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3 following ratings:
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4 1. “Elementary” means the content of the print or nonprint
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5 material or media is suitable for children enrolled in grades pre-
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6 kindergarten through five in this state;
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7 2. “Junior high” means the content of the print or nonprint
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8 material or media may not include material unsuitable for a child
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9 enrolled in grades six, seven, and eight in this state, and parents
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10 and legal guardians are encouraged to provide guidance to their
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11 children in selecting print and nonprint materials and media rated
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12 “junior high”;
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13 3. “Under 16” means the content of the print or nonprint
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14 materials or media may not include material inappropriate for
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15 children under the age of sixteen (16), and parents and legal
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16 guardians are urged to provide guidance to their children in
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17 selecting print and nonprint materials and media rated “under 16”;
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18 and
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19 4. “Juniors and seniors” means the content of the print or
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20 nonprint material or media may include some material not suitable
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21 for minors.
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22 B. Beginning July 1, 2024, school districts and charter schools
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23 shall:
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 1 1. Include only print and nonprint materials and media
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2 designated as “elementary” in elementary school libraries serving
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3 students in grades pre-kindergarten through five;
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4 2. Include only print and nonprint materials and media
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5 designated as “elementary” or “junior high” in elementary school
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6 libraries that serve students in grades pre-kindergarten through
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7 eight;
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8 3. Include only print and nonprint materials and media
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9 designated as “elementary”, “junior high”, or “under 16” in junior
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10 high school and high school libraries; and
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11 4. Place print and nonprint materials and media designated as
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12 “juniors and seniors” in a section of the library accessible only to
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13 librarians, teachers, and other school staff. Print and nonprint
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14 materials and media designated as “juniors and seniors” shall only
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15 be available to a student if he or she has presented a librarian,
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16 teacher, or other school staff with written consent from a parent or
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17 legal guardian.
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18 C. Beginning July 1, 2024, public libraries shall place print
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19 and nonprint materials and media designated as “juniors and seniors”
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20 in a section of the library accessible only to library staff. Print
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21 and nonprint materials and media designated as “juniors and seniors”
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22 shall only be available to an individual under the age of eighteen
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23 (18) if he or she has presented library staff with written consent
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24 from a parent or legal guardian.
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 1 D. Beginning July 1, 2024, no print or nonprint material or
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2 media in a school district library, charter school library, or
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3 public library shall include content that the average person age
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4 eighteen (18) or older applying contemporary community standards
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5 would find has a predominant tendency to appeal to a prurient
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6 interest in sex.
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7 SECTION 2. This act shall become effective July 1, 2023.
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8 SECTION 3. It being immediately necessary for the preservation
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9 of the public peace, health, or safety, an emergency is hereby
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10 declared to exist, by reason whereof this act shall take effect and
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11 be in full force from and after its passage and approval.
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13 59-1-303 EB 1/16/2023 10:52:36 AM
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