SB121
To Amend The Arkansas State Capitol And Historical Monument Protection Act; And To Declare An Emergency.
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, 2023View 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 |
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