Maryland 2025 Regular Session

Maryland House Bill HB1472 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1472
6	6
7	7	HOUSE BILL 1472
8	8	P1 5lr2336
9	9
10	10	By: Delegates Metzgar and McComas
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	State Government – State House Trust – Ten Commandments Monument 2
19	19	Display Act 3
20	20
21	21	FOR the purpose of requiring a certain Ten Commandments Monument to be placed on the 4
22	22	grounds of the Maryland State House; requiring the Commission on Artistic Property 5
23	23	to oversee the care and maintenance of the monument; establishing the Commission 6
24	24	on the Ten Commandments Monument; and generally relating to a Ten 7
25	25	Commandments Monument. 8
26	26
27	27	BY repealing and reenacting, without amendments, 9
28	28	Article – State Government 10
29	29	Section 9–1016 and 9–1021 11
30	30	Annotated Code of Maryland 12
31	31	(2021 Replacement Volume and 2024 Supplement) 13
32	32
33	33	Preamble 14
34	34
35	35	WHEREAS, The Ten Commandments, found in the Bible at Exodus 20:1 –17 and 15
36	36	Deuteronomy 5:6–21, are an important component of the moral foundation of the laws and 16
37	37	legal system of the United States of America and of the State of Maryland; and 17
38	38
39	39	WHEREAS, The courts of the United States and various states frequently cite the 18
40	40	Ten Commandments in published decisions; and 19
41	41
42	42	WHEREAS, In 2005, the U.S. Supreme Court recognized that it is permissible to 20
43	43	display the Ten Commandments on government property in Van Orden v. Perry; and 21
44	44
45	45	WHEREAS, In 2019, the U.S. Supreme Court further recognized that the Ten 22
46	46	Commandments “have historical significance as one of the foundations of our legal system”, 23
47	47	in American Legion v. American Humanists Association, and the court also ruled that the 24 2 HOUSE BILL 1472
48	48
49	49
50	50	displaying of the Ten Commandments on public property may have “multiple purposes” 1
51	51	such as “historical significance” and represents a “common cultural heritage”; and 2
52	52
53	53	WHEREAS, Recognizing the historical role of the Ten Commandments accords with 3
54	54	our nation’s history and faithfully reflects the understanding of the founders of our nation 4
55	55	with respect to the necessity of civic morality to a functional self–government; history 5
56	56	records that James Madison, the fourth President of the United States, stated that “[w]e 6
57	57	have staked the whole future of our new nation…upon the capacity of each of ourselves to 7
58	58	govern ourselves according to the moral principles of the Ten Commandments”; and 8
59	59
60	60	WHEREAS, In order that they may understand and appreciate the basic principles 9
61	61	of the American system of government, the people of the United States and the State of 10
62	62	Maryland need to identify the Ten Commandments, one of many sources, as influencing 11
63	63	the development of what has become modern law; and 12
64	64
65	65	WHEREAS, The placing of a monument to the Ten Commandments on the grounds 13
66	66	of the Maryland State House would help the people of the United States and the State of 14
67	67	Maryland to know the Ten Commandments as the moral foundation of the law; and 15
68	68
69	69	WHEREAS, It is the Legislature’s intent to apply the decision set forth by the U.S. 16
70	70	Supreme Court in Van Orden v. Perry, to continue the rich tradition and ensure that the 17
71	71	citizens of our State may understand and appreciate the foundational documents of our 18
72	72	State and national government, and that in the placing of a monument to the Ten 19
73	73	Commandments on the grounds of the Maryland State House would help the people of the 20
74	74	United States and the State of Maryland to recognize the Ten Commandments as the moral 21
75	75	foundation of the law; now, therefore, 22
76	76
77	77	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
78	78	That the Laws of Maryland read as follows: 24
79	79
80	80	Article – State Government 25
81	81
82	82	9–1016. 26
83	83
84	84	In this Part II of this subtitle, “Commission” means the Commission on Artistic 27
85	85	Property. 28
86	86
87	87	9–1021. 29
88	88
89	89	(a) (1) The Commission is the official custodian of all valuable paintings and 30
90	90	other objects of decorative art owned by or loaned to the State, except those located in a 31
91	91	State room of the Government House. With respect to the objects subject to its official 32
92	92	custody, the Commission shall: 33
93	93
94	94	(i) keep a continuing inventory of the objects; and 34
95	95	HOUSE BILL 1472 3
96	96
97	97
98	98	(ii) be responsible for and supervise the acquisition, custody, display, 1
99	99	location, preservation, proper care, security, and restoration of the objects. 2
100	100
101	101	(2) At such time as the State acquires the Peabody Art Collection from the 3
102	102	Peabody Institute, the Commission shall become the official custodian of the Collection. 4
103	103
104	104	(3) In exercising its custodial responsibilities, the Commission may loan 5
105	105	objects owned by the State to qualified institutions and may contract with such institutions 6
106	106	for the performance of curatorial services. 7
107	107
108	108	(b) (1) Each person or agency that desires to acquire a painting or object of 8
109	109	decorative art for display in or on the premises of any State building, except in a room of 9
110	110	the Government House, must receive both prior approval and final acceptance from the 10
111	111	Commission. 11
112	112
113	113	(2) Before giving prior approval or final acceptance in accordance with this 12
114	114	subsection, the Commission shall consider: 13
115	115
116	116	(i) the competence of the artist; 14
117	117
118	118	(ii) the proposed location of the object; and 15
119	119
120	120	(iii) the quality, historical significance, and appropriateness of the 16
121	121	work. 17
122	122
123	123	(c) This subtitle does not apply to artwork acquired through the Maryland Public 18
124	124	Art Initiative Program established under Title 4, Subtitle 6 of the Economic Development 19
125	125	Article. 20
126	126
127	127	SECTION 2. AND BE IT FURTHER ENACTED, That: 21
128	128
129	129	(a) (1) A suitable monument of the Ten Commandments shall be placed on the 22
130	130	grounds of the Maryland State House. 23
131	131
132	132	(2) The monument shall contain the following text: 24
133	133
134	134	“The Ten Commandments 25
135	135	I AM the LORD thy God. 26
136	136	Thou shalt have no other gods before me. 27
137	137	Thou shalt not make to thyself any graven images. 28
138	138	Thou shalt not take the Name of the Lord thy God in vain. 29
139	139	Remember the Sabbath day, to keep it holy. 30
140	140	Honor thy father and thy mother, that thy days may be long upon the land which the 31
141	141	Lord thy God giveth thee. 32
142	142	Thou shalt not kill. 33
143	143	Thou shalt not commit adultery. 34
144	144	Thou shalt not steal. 35 4 HOUSE BILL 1472
145	145
146	146
147	147	Thou shalt not bear false witness against thy neighbor. 1
148	148	Thou shalt not covet thy neighbor’s house. 2
149	149	Thou shalt not covet thy neighbor’s wife, nor anything that is thy neighbor’s.”. 3
150	150
151	151	(b) The Commission on Artistic Property shall oversee the care and maintenance 4
152	152	of the monument of the Ten Commandments after the monument is placed on the grounds 5
153	153	of the Maryland State House. 6
154	154
155	155	(c) This section may be cited as the Ten Commandments Monument Display Act. 7
156	156
157	157	SECTION 3. AND BE IT FURTHER ENACTED, That: 8
158	158
159	159	(a) There is a Commission on the Ten Commandments Monument. 9
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161	161	(b) (1) The Commission consists of the following members: 10
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163	163	(i) two members appointed by the President of the Senate; 11
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165	165	(ii) two members appointed by the Speaker of the House; and 12
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167	167	(iii) three members appointed by the Governor. 13
168	168
169	169	(2) Individuals appointed to the Commission under paragraph (1) of this 14
170	170	subsection must have training, expertise, or special interests that will benefit the purposes 15
171	171	of the Commission. 16
172	172
173	173	(c) The Governor shall designate the chair of the Commission. 17
174	174
175	175	(d) The Division of Historical and Cultural Programs in the Department of 18
176	176	Planning shall provide staff for the Commission in consultation with other appropriate 19
177	177	agencies, including the State House Trust, the Maryland State Arts Council, and the 20
178	178	Department of General Services. 21
179	179
180	180	(e) A member of the Commission: 22
181	181
182	182	(1) may not receive compensation as a member of the Commission; but 23
183	183
184	184	(2) is entitled to reimbursement for expenses under the Standard State 24
185	185	Travel Regulations, as provided in the State budget. 25
186	186
187	187	(f) The Commission shall: 26
188	188
189	189	(1) as soon as practicable, but not later than December 31, 2025, develop 27
190	190	and implement a process for the design, construction, and placement of a monument of the 28
191	191	Ten Commandments on the grounds of the Maryland State House by a private entity at no 29
192	192	cost to the State; 30
193	193	HOUSE BILL 1472 5
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195	195
196	196	(2) advise the Governor, the General Assembly, and State agencies on 1
197	197	matters relating to the monument; 2
198	198
199	199	(3) perform other duties necessary to approve the design and site selection 3
200	200	for the monument, including arranging for placement of the monument in a location where 4
201	201	there are no other monuments; and 5
202	202
203	203	(4) complete all of its duties by June 30, 2027. 6
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205	205	(g) In the event that the legality or constitutionality of the monument under this 7
206	206	section is challenged in a court of law, the Attorney General may: 8
207	207
208	208	(1) prepare and present a legal defense of the monument; or 9
209	209
210	210	(2) request the assistance of a nonprofit legal organization that specializes 10
211	211	in First Amendment cases to prepare and present a legal defense of the monument. 11
212	212
213	213	(h) The placement of the monument may not be construed to mean that the State 12
214	214	favors any particular religion or denomination over others. 13
215	215
216	216	SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14
217	217	1, 2025. Section 3 of this Act shall remain effective for a period of 3 years and, at the end of 15
218	218	June 30, 2028, Section 3 of this Act, with no further action required by the General 16
219	219	Assembly, shall be abrogated and of no further force and effect. 17