Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
 State of Arkansas             As Engrossed:       S2/13/23 S2/22/23
 94th General Assembly                        A Bill
 Regular Session, 2023                                                             SENATE BILL 121
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 By: Senator M. Johnson
 By: Representative Gazaway
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                                   For An Act To Be Entitled
                AN ACT TO AMEND THE ARKANSAS STATE CAPITOL AND
                HISTORICAL MONUMENT PROTECTION ACT; TO DECLARE AN
                EMERGENCY; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE ARKANSAS STATE CAPITOL AND
                         HISTORICAL MONUMENT PROTECTION ACT; AND
                         TO DECLARE AN EMERGENCY.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code § 22-3-2102, concerning definitions under the
 Arkansas State Capitol and Historical Monument Protection Act, is amended to
 add an additional subdivision to read as follows:
                (6)      “Temporary” means sixty (60) days or less.
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        SECTION 2.        Arkansas Code § 22-3-2104(f), concerning the preservation
 of historical monuments, is amended to add additional subdivisions to read as
 follows:
                (3)(A)(i)      If a waiver is not granted by the Arkansas History
 Commission to remove a historical monument or memorial and the historical
 monument or memorial is removed or has been removed without a waiver, a
 citizen may bring an action in a court of competent jurisdiction to enjoin
 the removal of the historical monument or memorial without a waiver.
                                (ii)    The court of competent jurisdiction shall:
                                        (a)    Enjoin the removal of the historical
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     As Engrossed:    S2/13/23 S2/22/23                                           SB121
 monument or memorial; or
                                 (b)   Order the governmental entity having title
 to, or custody of, the removed historical monument or memorial to restore the
 historical monument or memorial to its original condition and location.
                    (B)   Subdivision (f)(3)(A) of this section applies to a
 historical monument or memorial:
                          (i)    Removed without a waiver after April 28, 2021;
 or
                          (ii)   Partially removed by a public entity in the
 last five (5) years and any portion removed is still in the possession of the
 public entity.
            (4)    A grant of a waiver or denial of a waiver under this
 subchapter is binding on the entity, and the entity is not authorized to
 petition for the grant of a waiver absent a substantial change in
 circumstances justifying the waiver.
            (5)    The decision of the Arkansas History Commission either
 granting or denying a waiver under this subchapter shall be:
                    (A) In writing; and
                    (B)   Maintained as a permanent record of the Arkansas
 History Commission.
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      SECTION 3.    Arkansas Code § 22-3-2105, concerning applicability under
 the Arkansas State Capitol and Historical Monument Protection Act, is amended
 to add additional subsections to read as follows:
      (f)(1)(A)    In any action to enforce the rights granted by this
 subchapter, or in any appeal from an action under subsection (b) of this
 section, the court of competent jurisdiction may assess against the defendant
 reasonable attorney’s fees and other litigation expenses reasonably incurred
 by a plaintiff who has obtained a ruling in favor of the plaintiff, unless
 the court of competent jurisdiction finds that the position of the defendant
 was substantially justified.
                    (B)   For the purposes of this section, a proceeding is
 "substantially justified" if it had a reasonable basis in law or fact at the
 time it was initiated.
            (2)    If the defendant has substantially prevailed in the action,
 the court of competent jurisdiction may assess expenses against the plaintiff
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     As Engrossed:       S2/13/23 S2/22/23                                              SB121
 only upon a finding that the action was initiated primarily for frivolous or
 dilatory purposes.
      (g)(1)     Notwithstanding subdivision (f)(1) of this section, the court
 of competent jurisdiction shall not assess reasonable attorney’s fees or
 other litigation expenses reasonably incurred by a plaintiff against the
 State of Arkansas or a department, agency, or institution of the state.
               (2)(A)     A plaintiff who substantially prevails in an action under
 this section against the State of Arkansas or a department, agency, or
 institution of the state may file a claim with the Arkansas State Claims
 Commission to recover reasonable attorney’s fees and other litigation
 expenses reasonably incurred.
                        (B)   A claim for reasonable attorney’s fees and litigation
 expenses reasonably incurred in an action against the State of Arkansas or a
 department, agency, or institution of the state shall be filed with the
 Arkansas State Claims Commission under § 19-10-201 et seq. within sixty (60)
 days of the final disposition of an action under this section.
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      SECTION 4.        EMERGENCY CLAUSE.       It is found and determined by the
 General Assembly of the State of Arkansas that the State Capitol, monuments,
 veterans' cemeteries, and other historical monuments require additional
 protection; that the historical monuments have an irreplaceable value to the
 people of Arkansas who wish to preserve these venerated treasures; and that
 this act is immediately necessary because there is a continuing and imminent
 threat to historical monuments, and the preservation of these historical
 monuments protects the public peace.            Therefore, an emergency is declared to
 exist, and this act being immediately necessary for the preservation of the
 public peace, health, and safety shall become effective on:
               (1)    The date of its approval by the Governor;
               (2)    If the bill is neither approved nor vetoed by the Governor,
 the expiration of the period of time during which the Governor may veto the
 bill; or
               (3)    If the bill is vetoed by the Governor and the veto is
 overridden, the date the last house overrides the veto.
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                                         /s/M. Johnson
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                                                3                 02-22-2023 13:52:02 MLD100
Statutes affected: 
Old version SB121 Original - 1-25-2023 01:56 PM: 22-3-2102, 22-3-2104(f), 22-3-2105
Old version SB121 V2 - 2-13-2023 09:39 AM: 22-3-2102, 22-3-2104(f), 22-3-2105
Old version SB121 V3 - 2-22-2023 01:52 PM: 22-3-2102, 22-3-2104(f), 22-3-2105
SB 121: 22-3-2102, 22-3-2104(f), 22-3-2105