Amendment vs bill Senate Committee Amendment, #2570, EDUC, Adopted vs Enrolled

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Regular Session ENROLLED SENATE BILL NO.
SCASB307 428 2570 SENATE COMMITTEE AMENDMENTS Regular Session Amendments proposed bySenate Committee on Education to Original Senate Bill No.
307 BY SENATORS EDMONDS AND HODGES AND REPRESENTATIVES ADAMS, AMEDEE, BACALA, BAMBURG, BAYHAM, BEAULLIEU, BILLINGS,BOUDREAUX,BOYER,BUTLER,WILFORDCARTER, CHENEVERT, COATES, CREWS, DESHOTEL, DEWITT, EGAN, FARNUM, FIRMENT, FONTENOT, HORTON, ILLG, MIKE JOHNSON, MACK, MCCORMICK, MOORE, OWEN, SAWYER, SCHAMERHORN, THOMAS, VENTRELLA AND WYBLE AN ACT To amend and reenact R.S.
307 by Senator Edmonds AMENDMENT NO.
25:1281, 1282(A), (B), and (C), and 1283 and to enact R.S.
1 On page 2, delete lines 10 through 15, and insert the following "(4)ThebasicBasicknowledgeofAmericanlegalhistoryisimportanttothe formation of civic virtue in our society and, therefore, recognizing the historical role of the Ten Commandments, the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance of 1787 accords with the nation's history and reflects the founders' understanding of the necessity of civic morality to a functional self-government." AMENDMENT NO.
49:150.1(J) and (K), relative to educational documents and monuments;
2 On page 2, line 23, delete "Humanists" and insert "Humanist" AMENDMENT NO.
to provide withrespecttotheeducationalpublicdisplaysofcertaindocumentsandmonuments related to the religious history of the nation and the state's culture, tradition, and codesoflaw;toprovidewithrespecttocertainhistoricaldocumentsandmonuments;
3 On page 2, line 27, delete "id at 54." and insert "Id.
to authorize the Ten Commandments monument on the Louisiana State Capitol grounds;
at 54." AMENDMENT NO.
to provide that the commissioner of administration shall select a proposal and arrange for installation;
4 On page 3, line 18, delete "Subsection C of this" and insert "R.S.
to provide for design, construction, and installation of the monument without cost to the state;
25:1282(C)" AMENDMENT NO.
to provide for content and limitations;
5 On page 3, line 19, delete "Section" AMENDMENT NO.
to authorizedelegationofthecommissioner'sresponsibilities;toprovideforlegislative intent;
6 On page 3, line 29, delete line 29, and insert "City v.
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
25:1281, 1282(A), (B), and (C), and 1283 are hereby amended and reenacted to read as follows:
CHAPTER 32.
DISPLAY OF RELIGIOUS DOCUMENTS AS CULTURE, TRADITION, AND THE HISTORY OF LAW §1281.
Legislative finding The Legislature of Louisiana finds that:
(1) There is a need to educate and inform the public as to the history and background tradition of American law and Louisiana law.
(2) America and Louisiana's religious history plays an important role in the background of our American law and Louisiana law.
(3)TheroleofreligionintheconstitutionalhistoryofboththeUnitedStates Page 1 of 7 Coding:
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307 ENROLLED of America and Louisiana is acknowledged by historians as part of our culture, tradition, and history.
(4) The basic Basic knowledge of American legal historyis important to the formation of civic virtue in our society and, therefore, recognizing the historical role of the Ten Commandments, the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance of 1787 accords with the nation's history and reflects the founders' understanding of the necessity of civic morality to a functional self-government.
(5) The courts have provided vital direction to the Legislature of Louisiana on how to approach the display of historical documents.
(6) In 2005, the Supreme Court of the United States recognized that it is permissibletodisplaytheTenCommandmentsongovernmentpropertyinVan Orden v.
Perry, 545 U.S.
677, 688 (2005).
(7) In 2019, the Supreme Court of the United States further recognized that the Ten Commandments "have historical significance as one of the foundations of our legalsystem...",in AmericanLegion v.
American Humanist Association, 588 U.S.
29, 53 (2019) and, the court also ruled that the displaying of the Ten Commandments on public property may have "multiple purposes" such as "historical significance as one of the foundations of our legal system" and represents a "common cultural heritage".
Id.
at 54.
(8) The Mayflower Compact of 1620 was America's first written constitution and made a Covenant with Almighty God to "form a civil body politic".
This was the first purely American document of self-government and affirmed the link between civil society and God.
(9) The Declaration of Independence, adopted by Congress on July 4, 1776, provides that "(we) hold these truths to be self-evident, that all men are createdequal, that theyareendowedbytheirCreatorwith certainunalienable Rights, that among these are Life, Liberty and the pursuit of Happiness".
(10) The Northwest Ordinance of 1787 provided a method of admitting new states to the Union from the territory as the country expanded to the Page 2 of 7 Coding:
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words in boldface type and underscored are additions.
SB NO.
307 ENROLLED Pacific.
The Ordinance "extended the fundamental principles of civil and religious liberty" to the territories and stated that "(r)eligion, morality, and knowledge,beingnecessarytogoodgovernmentandthehappinessofmankind, schools and the means of education shall forever be encouraged".
(6)(11) The Legislature of Louisiana now endorses the prolongation of a uniform, sound, distinct, and appropriate presentation of the story of the role of religionintheconstitutionalhistoryoftheUnitedStatesofAmericaandLouisiana, whichmaybepubliclydisplayedincourthouses,andotherstateandlocalbuildings, at the Louisiana State Capitol, and throughout the state of Louisiana.
(12) The text of the Ten Commandments set forth in R.S.
25:1282(C) is identical to the text of the Ten Commandments monument that was upheld by theSupremeCourtoftheUnitedStatesinVanOrdenv.Perry,545U.S.677,688 (2005).
(13) It is the legislature's intent to apply the decision set forth by the Supreme Court of the United States in Van Orden v.
Perry, id.
to continue the richtradition andensurethatthepublic hasan opportunity tounderstand and appreciate the foundational documents of our state and national government.
(14)TheSupremeCourtoftheUnitedStatesacknowledgedthattheTen Commandments may be displayed on government property when a private donation is made for the purchase of the historical monument.
Pleasant Grove City v.
460 (2009).
460 (2009)." AMENDMENT NO.
(15) It is the intention of the Legislature of Louisiana that this Section shall not create an unfunded mandate on any public governing authority.
7 On page 4, line 1, delete "legislature" and insert "Legislature of Louisiana" AMENDMENT NO.
Government agencies are encouraged to use documents that are printed, or displays that are produced, and made available to the agency at no cost.
8 On page 4, line 4, delete "free of charge" and insert "at no cost" AMENDMENT NO.
§1282.
9 On page 6, line 5, strike through "was" and afterwards insert "were" AMENDMENT NO.
Public displays of religious history impacting the law A.Publicdisplayswithacknowledgedreligioushistorymayinclude,butshall not be limited to, any of the items in this Section.
10 On page 7, delete line 4 and insert "in height, four feet in width, and four feet in depth, including any base on which the" Page 1 of 1
B.
The Mayflower Compact, written and adopted in 1620, the text of which reads as follows:
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307 ENROLLED Mayflower Compact (1620 A.D.) Agreement Between the Settlers at New Plymouth:
1620 IN THE NAME OF GOD, AMEN.
We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord, King James, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith.
Having undertaken fortheGloryofGod,andAdvancementoftheChristianFaith,andtheHonourofour KingandCountry,avoyagetoplantthefirstcolonyinthenorthernPartsofVirginia;
do by these presents, solemnly and mutually, in the Presence of God and one another,covenantandcombineourselves together into a civil BodyPolitick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid:
And by Virtuehereofdo enact,constitute,andframe,suchjustandequalLaws,Ordinances, Acts,ConstitutionsandOffices,fromtimetotime,asshallbethoughtmostmeetand convenient for the General good of the Colony;
unto which we promise all due submission and obedience.
In Witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the Reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland the fifty-fourth, Anno Domini;
1620.
C.TheTenCommandments,asextractedfromtheBible.Thetextshallread as follows:
"The Ten Commandments I AM the LORD thy God.
Thou shalt have no other gods before me.
Thou shalt not make to thyself any graven images.
Thou shalt not take the Name of the Lord thy God in vain.
Remember the Sabbath day, to keep it holy.
Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.
Thou shalt not kill.
Thou shalt not commit adultery.
Thou shalt not steal.
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307 ENROLLED Thou shalt not bear false witness against thy neighbor.
Thou shalt not covet thy neighbor's house.
Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's." * * * §1283.
Context of public display Public displays set forth in R.S.
25:1282(B), (C), (D), and (E) shall be accompanied by a document entitled "Context for Acknowledging America's ReligiousHistoryasCulture,Tradition,andtheHistoryofLaw"whichshallread as follows:
(1) Some documents stand out as pivotal in the religious historyof America and Louisiana's legal system, among which are the Mayflower Compact, The DeclarationofIndependenceasalegalfoundationfortheUnitedStatesConstitution, the Ten Commandments as one of the foundations of our legal system, and the Northwest Ordinance, which was a primary document affirming faith and the first congressional act legallyprohibitingslavery.It is hoped that their studyand relation to each other and the history of our state and nation will foster an appreciation for the role that religion has played in the culture, tradition, and legal history of the law of America and the state of Louisiana and prompt further public study.
(2) American law, constitutionalism, and political theoryhave deep roots in religion.
American ideals about liberty, freedom, equality, legal responsibility and codesoflaw,tomentionafew,haverootsandunderpinningsinreligionandbiblical literacy.TheTenCommandments,whicharefoundintheBookofExodusintheOld TestamentoftheBible,waswereoneoftheearliestwrittenexpressionsoflawto be incorporated in American legal systems.
The Ten Commandments, or the law of nature, also impacted the Declaration of Independence which refers to the "laws of nature and of Nature's God." Section 2.
R.S.
49:150.1(J) and (K) are herebyenacted to read as follows:
§150.1.
State capitol complex;
allocation of space;
maintenance;
law enforcement officer and firefighter memorial;
Gold Star Families monument;
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307 ENROLLED African-American military service members monument;
the Ten Commandments * * * J.(1) The commissioner of administration shall permit and arrange for the placement on the Louisiana State Capitol grounds of a suitable monument displaying the Ten Commandments.
The commissioner shall designate the location of the monument, which shall be among other monuments, and shall oversee its installation.
The design, construction, placement, and maintenance of the monument shall be free of charge to the state.
The commissioner may delegate his responsibilities provided in this Subsection to the office of state buildings.
(2) The commissioner shall accept and consider proposals for the monumentfromprivateentitiesandshallselecttheproposalforthemonument that will be installed.
In selecting a proposal, the commissioner shall consider the appropriateness of the proposed design, the demonstrated ability of the responsible entity to pay the cost of design, construction, installation, and maintenanceofthemonument,andanyotherfactorhedeemsappropriate.The commissioner shall make such selection by December 31, 2026;
however, if he has not received an acceptable proposal by that date, he shall select the first acceptable proposal he receives after that date.
(3)(a) The overall dimensions of the monument shall not exceed six feet inheight,fourfeetinwidth,andfourfeetindepth,includinganybaseonwhich the monument sits.
(b) The monument shall use the same text provided in R.S.
25:1282, which is the same textthat was used in Van Orden v.
Perry,545U.S.
677 (2005), that was ruled constitutional by the Supreme Court of the United States.
(c) The monument shall include a plaque that includes the text of the "ContextforAcknowledgingAmerica'sReligiousHistoryasCulture,Tradition, and the History of Law" as set forth in R.S.
25:1283.
K.(1) An outdoor display or monument authorized pursuant to this Page 6 of 7 Coding:
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307 ENROLLED Sectionshallbemaintainedin amannerthatpreservesthestructuralintegrity, legibility, and respectful appearance of the display or monument.
(2) The commissioner shall ensure that each outdoor display or monument is maintained in accordance with this Subsection, including providing for any necessary cleaning, repair, or restoration resulting from weathering, vandalism, or other damage.
Responsibility for such maintenance shall be assigned to the private entity selected to provide the display or monument or to another private entity selected by the commissioner.
(3)Iftheentityresponsibleformaintenancefailstomaintainthedisplay or monument in accordance with this Subsection, the commissioner of administration shall provide written notice of the deficiency and a reasonable opportunity to cure the deficiency.
If the deficiency is not timely cured and the commissionerisunabletosecureanotherprivateentitytoassumeresponsibility for maintenance, the commissioner may remove the display or monument.
PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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