Bill Number: S.B.
1062
Yarbrough
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
The
Yarbrough Floor Amendment:
1. Alters the definition
of person by removing estate, trust foundation or other legal entity and
adding a business organization.
2. Excludes requirements
relating to professional or occupational licenses, certificates or registration
and appointments to government offices from the definition of state action.
3. Requires a person who
asserts a violation of their religious exercise to demonstrate all of the
following:
a. that the person’s
action or refusal to act is motivated by a religious belief;
b. that the religious
belief is sincerely held; and
c. that the state action
substantially burdens the exercise of religious belief.
4. Allows a person
asserting a claim or defense that their religious exercise is burdened to
receive injective and declaratory relief.
Fifty-first Legislature Yarbrough
Second Regular Session S.B.
1062
YARBROUGH FLOOR AMENDMENT
SENATE AMENDMENTS TO
S.B. 1062
(Reference to printed
bill)
Page 1, line 21, strike ",
estate, trust, foundation or other legal entity" insert
"or other business organization"
Page 2, line 11, strike "opposing party" insert "government or nongovernmental person seeking
the enforcement of state action"
Lines 20 and 21, strike "the person asserting such a claim or defense may obtain
appropriate relief." insert:
"E. A
person that asserts a violation of this section must establish all of the
following:
1. That the
person's action or refusal to act is motivated by a religious belief.
2. That the
person's religious belief is sincerely held.
3. That the
state action substantially burdens the exercise of the person's religious
beliefs.
F. The
person asserting a claim or defense under subsection D of this section may
obtain injunctive and declaratory relief."
Reletter to conform
Line 27, after the second "action" insert ", except for the requirements prescribed by section
41-1493.04,"
Line 31, strike "or
attempted to be made"
Amend title to conform