The bill amends the Arkansas State Capitol and Historical Monument Protection Act to enhance the protection of historical monuments and memorials. It introduces a definition for "temporary," specifying it as a period of sixty days or less. Additionally, it establishes that if a historical monument is removed without a waiver from the Arkansas History Commission, citizens can take legal action to prevent such removal or to compel the restoration of the monument to its original condition. The bill also stipulates that any waiver granted or denied by the Arkansas History Commission must be documented in writing and maintained as a permanent record.

Furthermore, the bill outlines provisions for legal actions related to the enforcement of rights under the act, allowing courts to award reasonable attorney fees and litigation expenses to plaintiffs who prevail, unless the defendant's position is deemed substantially justified. It also clarifies that the state or its agencies cannot be held liable for such fees, but plaintiffs can file claims with the Arkansas State Claims Commission to recover expenses incurred in actions against the state. An emergency clause is included, stating the immediate necessity of the act for the preservation of public peace, health, and safety, making it effective upon approval by the Governor or under specified conditions.

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