Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 958 of the Regular Session
 State of Arkansas                    As Engrossed:        H4/6/21
 93rd General Assembly                         A Bill
 Regular Session, 2021                                                             HOUSE BILL 1831
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 By: Representatives M. Berry, Beaty Jr., Bentley, Crawford, Dotson, Haak, Speaks, Vaught, Watson,
 McGrew, B. Smith, S. Smith, Slape, Hollowell, Fortner, Lundstrum, McClure, Coleman, Cloud,
 Christiansen, Lowery
 By: Senators J. English, B. Ballinger, D. Wallace
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                                   For An Act To Be Entitled
                 AN ACT TO CREATE THE STAR-SPANGLED BANNER ACT; AND
                 FOR OTHER PURPOSES.
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                                                Subtitle
                         TO CREATE THE STAR-SPANGLED BANNER ACT.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1. Arkansas Code Title 6, Chapter 10, is amended to add an
 additional section to read as follows:
         6-10-135.       Star-Spangled Banner Act.
         (a)   This section shall be known and may be cited as the "Star-Spangled
 Banner Act".
         (b)   The General Assembly finds that:
                 (1)     It is of the utmost importance that Arkansas youth learn the
 importance of the national anthem, "The Star-Spangled Banner";
                 (2)     The regular playing of "The Star-Spangled Banner" will
 foster patriotism and celebrate the common American experience; and
                 (3)     "The Star-Spangled Banner" should be played in solemn
 observance and recognition for the men and women who have sacrificed their
 lives in defense of the American Experiment.
         (c)   Each school district board of directors shall:
                 (1)     Adopt a policy requiring each public kindergarten through
 grade twelve (K-12) school to broadcast "The Star-Spangled Banner" at:
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     As Engrossed:        H4/6/21                                                     HB1831
                        (A)(i)     The commencement of each school-sanctioned sporting
 event.
                                 (ii)   However, if any part of two (2) or more school-
 sanctioned sporting events occur on the same day at the same school, a public
 school may choose to broadcast "The Star-Spangled Banner" at only one (1) of
 the events; and
                        (B)     Public kindergarten through grade twelve (K-12)
 schools at least one (1) time each week during school hours; and
                (2)    Except as provided in subsection (d) of this section, select
 for broadcast from any recording of The Star-Spangled Banner that adheres
 to rules promulgated by the Division of Elementary and Secondary Education.
          (d)   A school district board of directors may adopt a policy that
 allows any of the following to be played at school-sanctioned sporting
 events, at schools during school hours, or both:
                (1)    The performance of "The Star-Spangled Banner" from original
 sheet music that adheres to division rules and is performed by a school-
 sanctioned band program;
                (2)    The performance of "The Star-Spangled Banner" from original
 sheet music that adheres to division rules and is performed by a school-
 sanctioned chorale program, vocal group, or vocalist; or
                (3)    The performance of "The Star-Spangled Banner" by the
 attendees of a school-sanctioned event led by a vocalist selected by the
 principal of the public school hosting the school-sanctioned event.
          (e)   The division shall promulgate rules to implement this section.
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          SECTION 2.    Arkansas Code Title 6, Chapter 60, Subchapter 1, is amended
 to add an additional section to read as follows:
          6-60-113.    Star-Spangled Banner Act.
          (a)   This section shall be known and may be cited as the "Star-Spangled
 Banner Act".
          (b)   The General Assembly finds that:
                (1)    It is of the utmost importance that Arkansas youth learn the
 importance of the national anthem, "The Star-Spangled Banner";
                (2)    The regular playing of "The Star-Spangled Banner" will
 foster patriotism and celebrate the common American experience; and
                (3)    "The Star-Spangled Banner" should be played in solemn
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     As Engrossed:        H4/6/21                                                     HB1831
 observance and recognition for the men and women who have sacrificed their
 lives in defense of the American Experiment.
          (c)   Each state-supported institution of higher education shall:
                (1)(A)     Adopt a policy requiring the broadcast of "The Star-
 Spangled Banner" at the commencement of each school-sanctioned sporting
 event.
                         (B)    However, if any part of two (2) or more school-
 sanctioned sporting events occur on the same day at the same school, a state-
 supported institution of higher education may choose to broadcast "The Star-
 Spangled Banner" at only one (1) of the events; and
                (2)    Except as provided in subsection (d) of this section, select
 for broadcast from any recording of The Star-Spangled Banner that adheres
 to rules promulgated by the Division of Higher Education.
          (d)   A state-supported institution of higher education may adopt a
 policy that allows any of the following to be played at school-sanctioned
 sporting events:
                (1)    The performance of "The Star-Spangled Banner" from original
 sheet music that adheres to division rules and is performed by a school-
 sanctioned band program;
                (2)    The performance of "The Star-Spangled Banner" from original
 sheet music that adheres to division rules and is performed by a school-
 sanctioned chorale program, vocal group, or vocalist; or
                (3)    The performance of "The Star-Spangled Banner" by the
 attendees of a school-sanctioned event led by a vocalist selected by the
 state-supported institution of higher education hosting the school-sanctioned
 event.
          (e)   The division shall promulgate rules to implement this section.
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          SECTION 3.     DO NOT CODIFY.    Rules.
          (a)   When adopting the initial rules required under this act, the
 Division of Elementary and Secondary Education shall file the final rules
 with the Secretary of State for adoption under  25-15-204(f):
                (1)    On or before January 1, 2022; or
                (2)    If approval under  10-3-309 has not occurred by January 1,
 2022, as soon as practicable after approval under  10-3-309.
          (b)   The division shall file the proposed rules with the Legislative
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     As Engrossed:    H4/6/21                                                  HB1831
 Council under  10-3-309(c) sufficiently in advance of January 1, 2022, so
 that the Legislative Council may consider the rules for approval before
 January 1, 2022.
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      SECTION 4.     DO NOT CODIFY.   Rules.
      (a)   When adopting the initial rules required under this act, the
 Division Higher Education shall file the final rules with the Secretary of
 State for adoption under  25-15-204(f):
            (1)     On or before January 1, 2022; or
            (2)     If approval under  10-3-309 has not occurred by January 1,
 2022, as soon as practicable after approval under  10-3-309.
      (b)   The division shall file the proposed rules with the Legislative
 Council under  10-3-309(c) sufficiently in advance of January 1, 2022, so
 that the Legislative Council may consider the rules for approval before
 January 1, 2022.
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                                      /s/M. Berry
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                                 APPROVED: 4/27/21
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