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SB121

To Amend The Arkansas State Capitol And Historical Monument Protection Act; And To Declare An Emergency.

Failed

Last Action (May 1, 2023): Sine Die adjournment

Sponsors

AI-Generated Summary

Senate Bill 121 amends the Arkansas State Capitol and Historical Monument Protection Act to strengthen the legal protections for historical monuments and memorials. It defines 'temporary' as sixty days or less and allows citizens to bring legal action to enjoin the unauthorized removal of protected monuments. If a monument is removed without a waiver from the Arkansas History Commission, courts are authorized to order its restoration to its original condition and location. The bill specifies that these protections apply retroactively to certain removals occurring after April 28, 2021, and to monuments partially removed within the last five years. It also establishes procedures for awarding attorney’s fees and litigation expenses to successful plaintiffs, while outlining specific processes for seeking such recovery from state entities via the Arkansas State Claims Commission. Finally, the bill includes an emergency clause, allowing it to take effect immediately upon becoming law to protect state monuments from perceived imminent threats.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are advocacy groups, historical societies, and individual citizens who prioritize the preservation of existing monuments and historical markers. These individuals and organizations gain enhanced legal standing to challenge the removal of such structures, making it easier to hold public entities accountable for compliance with the Arkansas State Capitol and Historical Monument Protection Act.

Who Might Suffer?

The primary groups negatively impacted are state and local governmental entities, such as municipalities or county governments, which may face increased litigation costs, legal challenges, and the potential obligation to restore removed monuments at public expense. Public officials or administrative bodies seeking to modify or remove monuments for purposes like site development, public safety, or policy shifts may face significant new legal hurdles and financial liability.

Vote Records

Third Reading

Feb. 23, 2023
Yea: 8 Nay: 16 NV: 11 Absent: 0 Failed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Nay
Linda Chesterfield Democrat Senate Nay
Jonathan Dismang Republican Senate Nay
Greg Leding Democrat Senate Nay
Missy Irvin Republican Senate NV
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Nay
Stephanie Flowers Democrat Senate Nay
Frederick Love Democrat Senate Nay
Terry Rice Republican Senate NV
Reginald Murdock Democrat Senate Nay
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate NV
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate NV
Bart Hester Republican Senate Nay
Jimmy Hickey Republican Senate NV
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate NV
Justin Boyd Republican Senate Nay
Clarke Tucker Democrat Senate Nay
Scott Flippo Republican Senate Nay
Clint Penzo Republican Senate NV
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Nay
Breanne Davis Republican Senate Nay
Ben Gilmore Republican Senate Nay
Joshua Bryant Republican Senate NV
Matt McKee Republican Senate NV
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate NV
Tyler Dees Republican Senate NV
Matt Stone Republican Senate Nay
Read Full Bill on arkleg.state.ar.us