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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 368 By: Bullard, Bergstrom, Burns,
Jett, Taylor and Stephens
of the Senate
and
Hill, Gann and Davis of the
House
An Act relating to the Oklahoma Religious Freedom
Act; amending 51 O.S. 2011, Section 253, which
relates to burden upon free exercise of religion;
prohibiting governmental declaration of religious
institution as nonessential; prohibiting closure or
restriction on religious institution under certain
circumstances; providing an effective date ; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2011, Section 253, is
amended to read as follows:
Section 253. A. Except as provided in subsection B of this
section, no governmental entity shall substantially burden a
person’s free exercise of religion even if the burden results from a
rule of general applicability.
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B. No governmental entity shall substantially burden a person ’s
free exercise of religion unless it demonstrates that application of
the burden to the person is:
1. Essential to further a compelling governmental interest; and
2. The least restrictive means of fur thering that compelling
governmental interest.
C. No governmental entity as defined pursuant to Section 252 of
this title shall declare or deem a religious institution and any
activity directly related to the institution ’s discharge of its
mission and purpose to be nonessential. No religious institution
shall be subject to a closure or restriction for the purposes of
health or security that is greater than that imposed upon any
private entity facing the same or similar health or security
conditions.
SECTION 2. This act shall become effective July 1, 2021.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this res olution shall take
effect and be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON STATES RIGHTS, dated 03/31/2021 -
DO PASS, As Coauthored.