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Committee amends bill to require Ten Commandments displays in school cafeterias; chair to seek fiscal note
Summary
The committee approved an amendment to House Bill 1145 requiring Ten Commandments displays in prominent locations (sponsor proposed cafeterias) and directing schools to fund displays with donated funds; members debated constitutionality and a fiscal note request was flagged.
The House Judiciary Committee approved an amendment to House Bill 1145 that would require Ten Commandments displays in certain school locations and allow districts and colleges to accept donated displays or donated funds to pay for them. The amendment to the bill carried on roll call, 11 to 3.
Representative Hoverson, who presented the amendment, said he and local educators preferred a single school-level display rather than one in every classroom and recommended cafeterias or other “prominent and visible locations.” The amendment removes language that would have allowed schools to spend their own funds and instead conditions the displays on donated funds or donated displays when possible, the sponsor said.
Representative Schneider questioned whether existing permissive law (cited in committee as section 15.10933) already allows school boards to authorize Ten Commandments displays and pointed to immunity provisions (cited as 15.10933.5) that protect school boards and employees when they permit or display the Ten Commandments. Schneider warned that making the displays mandatory could raise constitutional problems and said such changes may invite litigation.
Committee members debated the practical cost of replacing or installing displays and the likelihood of litigation. Chairman Clamine said he will confer with Legislative Counsel to determine whether a fiscal note is required, noting potential costs to the Attorney General’s office to defend any litigation. Representative Hoverson said the amendment’s intent was to condition any display requirement on donations, but the bill’s text as amended did not explicitly say that; members asked Legislative Counsel to review the fiscal and legal implications.
The committee approved the amendment on roll call (11 yes, 3 no). The chair directed staff to consult Legislative Counsel about whether a fiscal note is required and said the committee will revisit the bill once that review is complete.
