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AR SB121

Bill

Status

Failed

5/1/2023

Primary Sponsor

Mark Johnson

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Origin

Senate

94th General Assembly (2023 Regular)

AI Summary

  • Adds definition of "temporary" as 60 days or less to the Arkansas State Capitol and Historical Monument Protection Act.

  • Allows citizens to bring legal action to enjoin removal of historical monuments or memorials removed without Arkansas History Commission waiver, or to order restoration to original condition and location.

  • Applies enforcement provisions to monuments removed without waiver after April 28, 2021, or partially removed by public entities in the last five years with portions still in public possession.

  • Makes waiver grants or denials binding and prohibits entities from petitioning for new waivers without substantial change in circumstances; requires all waiver decisions be in writing and maintained as permanent records.

  • Establishes attorney's fees provisions allowing plaintiffs who prevail in enforcement actions to recover reasonable fees and expenses unless defendant's position was substantially justified; exempts State of Arkansas from paying fees but allows plaintiffs to file claims with Arkansas State Claims Commission within 60 days of final disposition.

Legislative Description

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

Last Action

Sine Die adjournment

5/1/2023

Committee Referrals

State Agencies & Governmental Affairs1/25/2023

Full Bill Text

No bill text available