[Congressional Record (Bound Edition), Volume 159 (2013), Part 8]
[Senate]
[Pages 10837-10838]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-40. A concurrent resolution adopted by the Senate of 
     the State of Louisiana memorializing the Congress of the 
     United States to urge the U.S. Department of State to approve 
     the presidential permit application allowing the construction 
     and operation of the TransCanada Keystone XL pipeline between 
     the United States and Canada; to the Committee on Energy and 
     Natural Resources.

                  Senate Concurrent Resolution No. 125

       Whereas, the United States of America accounts for nearly 
     nineteen percent of the world energy consumption and is the 
     world's largest petroleum consumer with a daily consumption 
     of almost nineteen million barrels of oil; and
       Whereas, current imports amount to more than eight million 
     barrels each day that represents approximately fifty percent 
     of this country's requirements; and
       Whereas, even with new technology, oil discoveries, 
     alternative fuels and conservation efforts, the United States 
     will continue to remain dependent on imported oil; and
       Whereas, the growing production of oil from Canada's oil 
     sands and the Bakken formation in Saskatchewan, Montana, 
     North Dakota and South Dakota has the potential to replace 
     the oil imported from other countries; and
       Whereas, the fifty-seven operable refineries of the 
     Petroleum Administration for Defense District 3 that consists 
     of the states of Alabama, Arkansas, Louisiana, Mississippi, 
     New Mexico, and Texas produce 8.7 million barrels of oil per 
     day that represent nearly half of the United States refining 
     capacity and import approximately 5 million barrels of oil 
     per day; and
       Whereas, once completed the TransCanada Keystone XL 
     pipeline and the additional Gulf Coast Expansion project 
     could displace about forty percent of the oil the United 
     States currently imports from the Middle East and Venezuela; 
     and
       Whereas, the TransCanada Keystone XL pipeline has been the 
     subject of the most thorough public consultation process of 
     any proposed pipeline, and the subject of multiple 
     environmental impact statements and several United States 
     Department of State studies; and
       Whereas, these statements and studies have concluded that 
     it poses the least impact to the environment and is much 
     safer than other modes of transporting oil; and
       Whereas, the TransCanada Keystone XL pipeline will support 
     over ten thousand jobs in construction and manufacturing in 
     the United States: Now, therefore, be it
       Resolved, That the Legislature of Louisiana memorializes 
     the Congress of the United States to urge the U.S. Department 
     of State to approve the presidential permit application 
     allowing the construction and operation of the TransCanada 
     Keystone XL pipeline between the United States and Canada; 
     and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
                                  ____

       POM-41. A concurrent resolution adopted by the Senate of 
     the State of Louisiana memorializing the Congress of the 
     United States to adopt the Constitution Restoration Act; to 
     the Committee on the Judiciary.

                  Senate Concurrent Resolution No. 88

       Whereas, on Monday, June 27, 2005, the United States 
     Supreme Court in two razor-thin majorities of 5-4 in Van 
     Orden v. Perry (Texas) and ACLU v. McCreary County (Kentucky) 
     concluded that it is consistent with the First Amendment to 
     display the Ten Commandments in an outdoor public square in 
     Texas but not on the courthouse walls of two counties in 
     Kentucky; and
       Whereas, American citizens are concerned that the court has 
     produced two opposite results involving the same Ten 
     Commandments, leading to the conclusion that, based on the 
     Kentucky decision, the Ten Commandments may be displayed in a 
     county courthouse provided it is not backed by a belief in 
     God; and
       Whereas, Supreme Justice Scalia emphasized the importance 
     of the Ten Commandments when he stated in the Kentucky case, 
     ``The three most popular religions in the United States, 
     Christianity, Judaism, and Islam, which combined account for 
     97.7% of all believers, are monotheistic. All of them, 
     moreover, believe that the Ten Commandments were given by God 
     to Moses and are divine prescriptions for a virtuous life''; 
     and
       Whereas, Chief Justice Rehnquist in the Texas case referred 
     to the duplicity of the United States Supreme Court in 
     telling local governments in America that they may not 
     display the Ten Commandments in public buildings in their 
     communities while at the same time allowing these same Ten 
     Commandments to be presented on these specific places on the 
     building housing the United States Supreme Court stating, 
     ``Since 1935, Moses has stood holding two tablets that reveal 
     portions of the Ten Commandments written in Hebrew, among 
     other lawgivers in the south frieze. Representations of the 
     Ten Commandments adorn the metal gates lining the north and 
     south sides of the courtroom as well as the doors leading 
     into the courtroom. Moses also sits on the exterior east 
     facade of the building holding the Ten Commandments 
     tablets''; and
       Whereas, a recent poll by the First Amendment Center 
     revealed that seventy percent of Americans would have no 
     objection to posting the Ten Commandments in government 
     buildings and eighty-five percent would approve if the Ten 
     Commandments were included as one document among many 
     historical documents when displayed in public buildings; and
       Whereas, the First Amendment of the United States 
     Constitution, which provides in part that ``Congress shall 
     make no law respecting an establishment of religion'', is a 
     specific and unequivocal instruction to only the United 
     States Congress, and the United States Constitution makes no 
     restriction on the ability of states to acknowledge God, the 
     Supreme Ruler of the Universe; and
       Whereas, the United States District Court Southern District 
     of Indiana on November 30, 2005, entered a final judgment and 
     permanent injunction ordering the speaker of the Indiana 
     House of Representatives not to permit sectarian prayers as 
     part of the official proceedings of the House; and
       Whereas, the federal judiciary has violated one of the most 
     sacred provisions of the United States Constitution providing 
     for three branches of government and the separation of powers 
     of those branches by overstepping its authority and dictating 
     the activities of the inner workings of the legislative 
     branch of government; and
       Whereas, the federal judiciary has overstepped its 
     constitutional boundaries and ruled against the 
     acknowledgment of God as the sovereign source of law, 
     liberty, and government by local and state officers and other 
     state institutions, including state schools; and
       Whereas, there is concern that recent decisions of the 
     court will be used by litigants in an effort to remove God 
     from the public square in America, including public buildings 
     and public parks; and
       Whereas, there is concern that the federal judiciary will 
     continue to attempt to micromanage the internal workings of 
     the legislative as well as executive branches of government; 
     and
       Whereas, Congress has previously filed, but has failed to 
     adopt, the Constitution Restoration Act, which will limit the 
     jurisdiction of the federal courts and preserve the right to 
     acknowledge God to the states and to the people and resolve 
     the issue of improper judicial intervention in matters 
     relating to the acknowledgment of God: Now, therefore, be it
       Resolved, That the Legislature of Louisiana hereby 
     memorializes the Congress of the United States to adopt the 
     Constitution Restoration Act and, in doing so, continue to 
     protect the ability of the people of the United States to 
     display the Ten Commandments in public places, to express 
     their faith in public, to retain God in the Pledge of 
     Allegiance, and to retain ``In God We Trust'' as our national 
     motto, and to use Article III, Section 2.2 of the United 
     States Constitution to except these areas from the 
     jurisdiction of the United States Supreme Court; and be it 
     further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the secretary of the United States Senate and 
     the clerk of the United States House of Representatives and 
     to each member of the Louisiana delegation to the United 
     States Congress.
       POM-42. A concurrent resolution adopted by the Senate of 
     the State of Louisiana establishing a task force to study and 
     make recommendations relative to implementation of the 
     federal REAL ID Act of 2005 in Louisiana; to the Committee on 
     the Judiciary.

                  Senate Concurrent Resolution No. 119

       Whereas, Act No. 807 of the 2008 Regular Session of the 
     Legislature directs the Department of Public Safety and 
     Corrections to

[[Page 10838]]

     not implement the provisions of the federal REAL ID Act of 
     2005; and
       Whereas, Act No. 151 of the 2010 Regular Session of the 
     Legislature directs the Department of Public Safety and 
     Corrections to not implement the provisions of the federal 
     PASS ID Act of 2009; and
       Whereas, House Bill No. 395 by Representative Guinn of the 
     2013 Regular Session of the Legislature, as amended, proposes 
     to enact R.S. 32:412(M) and R.S. 40:1321(M) to require the 
     Department of Public Safety and Corrections, office of motor 
     vehicles, to issue a driver's license or special 
     identification card that bears a United States Department of 
     Homeland Security approved security marking that reflects 
     such credential, meets the standards of the REAL ID Act of 
     2005 upon request of any individual who is otherwise eligible 
     to be issued a driver's license or special identification 
     card as provided by law and who meets all the requirements of 
     the United States Department of Homeland Security for a REAL 
     ID Act compliant credential; and
       Whereas, House Bill No. 395, as amended, further proposes 
     to enact R.S. 32:412(M) and R.S. 40:1321(M) to provide that 
     if a Louisiana resident elects not to be issued a REAL ID Act 
     compliant driver's license or special identification card, 
     the Department of Public Safety and Corrections, office of 
     motor vehicles, shall issue a driver's license or special 
     identification card to any individual who is otherwise 
     eligible to be issued a driver's license or special 
     identification card as provided by law that indicates such 
     driver's license or special identification card is not 
     accepted by federal agencies for official purposes in 
     compliance with the United States Department of Homeland 
     Security rules and the words ``Not for federal 
     identification'' shall be printed on the driver's license or 
     special identification card: Now, therefore, be it
       Resolved, That the Legislature of Louisiana establishes the 
     Louisiana REAL ID Act of 2005 Task Force to study all issues 
     and disputes related to implementation of the federal REAL ID 
     Act of 2005, and to report its findings and recommendations 
     on whether or not Louisiana should implement the federal REAL 
     ID Act of 2005; and be it further
       Resolved, That the Louisiana REAL ID Act of 2005 Task Force 
     shall be comprised of the following members:
       (1) The president of the Senate, or his designee.
       (2) The speaker of the House of Representatives, or his 
     designee.
       (3) The chair of the Senate Committee on Transportation, 
     Highways, and Public Works, or his designee.
       (4) The chair of the House Committee on Transportation, 
     Highways, and Public Works, or his designee.
       (5) The deputy secretary of public safety services of the 
     Department of Public Safety and Corrections, or his designee.
       (6) The commissioner of the office of motor vehicles of the 
     Department of Public Safety and Corrections, or his designee.
       (7) Each member of the Louisiana congressional delegation 
     or the member's designee; and be it further
       Resolved, That the members of this task force shall serve 
     without compensation, except per diem or expenses 
     reimbursement to which they may be individually entitled as 
     members of the organizations they represent; and be it 
     further
       Resolved, That the president of the Senate or his designee 
     shall act as chairman of the task force and the speaker of 
     the House of Representatives or his designee shall act as 
     vice chairman; and be it further
       Resolved, That a majority of the total membership shall 
     constitute a quorum of the task force and any official action 
     by the task force shall require an affirmative vote of a 
     majority of the quorum present and voting; and be it further
       Resolved, That the names of the members chosen or 
     designated as provided herein shall be submitted to the 
     chairman of the task force not later than August 15, 2013, 
     and that the chairman shall thereafter call the first meeting 
     of the task force not later than September 15, 2013; and be 
     it further
       Resolved, That the task force shall meet as necessary, 
     shall submit a written report of its findings and 
     recommendations to the chairmen of the Senate and House 
     committees on transportation, highways, and public works not 
     later than sixty days prior to the 2014 Regular Session of 
     the Legislature, and shall terminate upon submission of its 
     report; and be it further
       Resolved, That a copy of this Resolution shall be 
     transmitted to the deputy secretary of public safety services 
     of the Department of Public Safety and Corrections, the 
     commissioner of the office of motor vehicles of the 
     Department of Public Safety and Corrections, and each member 
     of Louisiana's congressional delegation.
       POM-43. A resolution adopted by the Senate of the State of 
     Louisiana urging and requesting the Louisiana congressional 
     delegation to review the basis for the discontinuance of 
     funding of the Bossier Sheriff's Young Marines Program 
     through a Juvenile Accountability Block Grant with the United 
     States Department of Justice, Office of Civil Rights; to the 
     Committee on the Judiciary.

                       Senate Resolution No. 192

       Whereas, since 2002, the Bossier Parish Sheriff's Office 
     has successfully administered the Bossier Sheriff's Young 
     Marines Program, a program sanctioned by the United States 
     Marine Corps which provides community-based physical 
     education programs that are designed to teach young men and 
     women, ages 8 to 18, respect for their bodies through 
     physical fitness, which in return will instill resistance to 
     the temptations of illegal drugs, alcohol and tobacco use; 
     and
       Whereas, the focus of the program is character-building, 
     along with core values of discipline, leadership, teamwork 
     and commitment and instills into the participants the ideals 
     of honesty, integrity and respect and at-risk youth 
     developing goals for academic success; and
       Whereas, the program has been partially funded by the 
     Juvenile Accountability Block Grant (JABG) provided by the 
     Louisiana Commission on Law Enforcement (LCLE); and
       Whereas, because of the success of the program, local 
     judges started sentencing court-ordered juveniles to the 
     program as a diversion from jail time; however, the Young 
     Marines Program was never intended to be a ``diversion'' 
     program and the LCLE staff has recommended that the Bossier 
     Parish Sheriff's Office create a new separate program, 
     specifically for court-ordered juveniles; and
       Whereas, in December 2012, the Sheriff's Office submitted a 
     JABG application for the Bossier Youth Diversion Program 
     which was created similar to the Bossier Sheriff's Young 
     Marines Program, while also incorporating ``Character 
     Counts'' and ``The Great Body Shop'', as recommended by LCLE 
     staff, for court-ordered juveniles only; and
       Whereas, the Sheriff's Office was advised by the LCLE that 
     pursuant to the direction of the United States Department of 
     Justice, Office for Civil Rights, the program can ``NOT 
     include prayer as part of the Diversion program. Any prayer, 
     even if voluntary, needs to be separate in time or location 
     from the Diversion Program activities.''; and
       Whereas, on February 22, 2013, the Sheriff's Office 
     responded by email to the LCLE, ``In response to the prayer 
     issue, the time that was offered for prayer was optional for 
     all of the kids. It was led by any child that wanted to 
     volunteer and if there wasn't a volunteer, it became a few 
     moments of silence.''; and
       Whereas, on March 7, 2013, LCLE responded, at the direction 
     of the United States Department of Justice, requesting an 
     official letter, ``. . . signed by the Sheriff, which states 
     that there will be no prayer activities conducted during the 
     Diversion program . . .'' and that the LCLE ``. . . will not 
     be able to issue an award until this letter is received.''; 
     and
       Whereas, at that time, the Sheriff withdrew the grant 
     request; and
       Whereas, on February 6, 2013, the Bossier Parish Sheriff's 
     Office submitted a Program Plan Worksheet requesting the one-
     time Juvenile Justice Delinquency Prevention funds available 
     for the Bossier Sheriff's Young Marines Program and was 
     denied upon the same grounds involving prayer activities; and
       Whereas, at this time, the Sheriff's Office has been 
     divested of funding by the LCLE for both the Bossier 
     Sheriff's Young Marines Program and the Bossier Youth 
     Diversion Program due to prayer and the mention of God in the 
     programs: Now, therefore, be it
       Resolved, That the members of the Louisiana congressional 
     delegation are hereby urged and requested to review with the 
     United States Department of Justice, Office of Civil Rights, 
     the basis for the discontinuance of funding of the Bossier 
     Sheriff's Young Marines Program with a Juvenile 
     Accountability Block Grant; and be it further
       Resolved, That a copy of this Resolution be transmitted to 
     each member of the Louisiana congressional delegation, the 
     governor, the Louisiana Commission on Law Enforcement, and 
     the Bossier Parish Sheriff.

                          ____________________