1|ENGROSSED SENATE |
|BILL NO. 404 By: Daniels and Jett of the |
2| Senate |
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4| Echols of the House |
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7| An Act relating to the Oklahoma Religious Freedom |
| Act; amending 51 O.S. 2021, Sections 253, as last |
8| amended by Section 1, Chapter 235, O.S.L. 2022, and |
| 255, as last amended by Section 12, Chapter 321, |
9| O.S.L. 2022 (51 O.S. Supp. 2022, Sections 253 and |
| 255), which relate to burden upon free exercise of |
10| religion and construction of act; establishing |
| exclusion from certain funds or benefits for certain |
11| reasons as substantial burden; removing definition; |
| updating statutory reference; and providing an |
12| 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. AMENDATORY 51 O.S. 2021, Section 253, as last |
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17|amended by Section 1, Chapter 235, O.S.L. 2022 (51 O.S. Supp. 2022, |
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18|Section 253), is amended to read as follows: |
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19| Section 253. A. Except as provided in subsection B of this |
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20|section, no governmental entity shall substantially burden a |
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21|person's free exercise of religion even if the burden results from a |
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22|rule of general applicability. |
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1| B. No governmental entity shall substantially burden a person's |
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2|free exercise of religion unless it demonstrates that application of |
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3|the burden to the person is: |
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4| 1. Essential to further a compelling governmental interest; and |
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5| 2. The least restrictive means of furthering that compelling |
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6|governmental interest. |
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7| C. No governmental entity as defined pursuant to Section 252 of |
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8|this title shall declare or deem a religious institution and any |
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9|activity directly related to the institution's discharge of its |
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10|mission and purpose to be nonessential. No religious institution |
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11|shall be subject to a closure or restriction for the purposes of |
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12|health or security that is greater than that imposed upon any |
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13|private entity facing the same or similar health or security |
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14|conditions. |
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15| D. It shall be deemed a substantial burden to exclude any |
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16|person or entity from participation in or receipt of governmental |
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17|funds, benefits, programs, or exemptions based solely on the |
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18|religious character or affiliation of the person or entity. |
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19| SECTION 2. AMENDATORY 51 O.S. 2021, Section 255, as last |
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20|amended by Section 12, Chapter 321, O.S.L. 2022 (51 O.S. Supp. 2022, |
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21|Section 255), is amended to read as follows: |
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22| Section 255. A. Nothing in this act shall be construed to: |
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23| 1. Authorize any government entity to substantially burden any |
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24|religious belief; |
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1| 2. Authorize same-sex marriages, unions, or the equivalent | | | 2|thereof; or | | | 3| 3. Affect, interpret, or in any way address those portions of | | | 4|Article I, Section 2 and Article II, Section 5 of the Constitution | | | 5|of the State of Oklahoma, the Oklahoma Religious Freedom Act, or the | | | 6|First Amendment to the Constitution of the United States that | | | 7|prohibit laws respecting the establishment of religion. | | | 8| B. Granting governmental funds, benefits, or exemptions to the | | | 9|extent permissible under paragraph 3 of subsection A of this section | | | 10|shall not constitute a violation of this section.As used in this| | | 11|subsection,"granting government funds, benefits, or exemptions"| | | 12|shall not include the denial of government funding, benefits, or| | | 13|exemptions.This provision does not in and of itself require | | | 14|vouchers. | | | 15| C. A civil action brought under Section5of this act1-745.55 | | | 16|of Title 63 of the Oklahoma Statutes shall not be subject to any | | | 17|provision of the Oklahoma Religious Freedom Act. | | | 18| SECTION 3. This act shall become effective November 1, 2023. | | | 19| Passed the Senate the 7th day of March, 2023. | | | 20| | | | 21| | | Presiding Officer of the Senate | 22| | | | 23| Passed the House of Representatives the ____ day of __________, | | | 24|2023. | | | Page 3 ___________________________________________________________________________
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