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ENGROSSED SENATE
BILL NO. 368 By: Bullard, Bergstrom, Burns,
Jett, Taylor and Stephens
of the Senate
and
Hill and Gann 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 STAT E 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 applicabil ity.
B. No governmental e ntity shall substantially burden a person ’s
free exercise of relig ion unless it demonstrates that application of
the burden to the person is:
1. Essential to further a compelling governmental interest; and
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2. The least restricti ve means of furthering tha t 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 instituti on’s discharge of its
mission and purpose to be nonessential. No religious institution
shall be subject to a clos ure or restriction for the purposes of
health or security that is greater than that imposed upon any
private entity facing the same or similar hea lth 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 resolution shall take
effect and be in full force from and after its passage and approval.
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Passed the Senate the 11th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives