Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 121 3
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By: Senator M. Johnson 5
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For An Act To Be Entitled 7
AN ACT TO AMEND THE ARKANSAS STATE CAPIT OL AND 8
HISTORICAL MONUMENT PROTECTION ACT; TO D ECLARE AN 9
EMERGENCY; AND FOR O THER PURPOSES. 10
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Subtitle 13
TO AMEND THE ARKANSAS STATE CAPITOL AND 14
HISTORICAL MONUMENT PROTECTION ACT; AND 15
TO DECLARE AN EMERGENCY. 16
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code § 22 -3-2102, concerning definitions under the 21
Arkansas State Capitol and Historical Monument Protection Act, is amended to 22
add an additional subdivision to read a s follows: 23
(6) “Temporary” means sixty (60) days or less. 24
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SECTION 2. Arkansas Code § 22 -3-2104(f), concerning the preservation 26
of historical monuments, is amended to add additional subdivisions to read as 27
follows: 28
(3)(A)(i) If a waiver is not gran ted by the Arkansas History 29
Commission to remove a historical monument or memorial and the historical 30
monument or memorial is removed or has been removed without a waiver, a 31
citizen may bring an action in a court of competent jurisdiction to enjoin 32
the removal of the historical monument or memorial without a waiver. 33
(ii) The court of competent jurisdiction shall: 34
(a) Enjoin the removal of the historical 35
monument or memorial; or 36 SB121
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(b) Order the governmental entity having title 1
to, or custody of, the removed historical monument or memorial to restore the 2
historical monument or memorial to its original condition and location. 3
(B) Subdivision (f)(3)(A) of this section applies to a 4
historical monument or memorial removed before April 28, 2021. 5
(4) A grant of a waiver or denial of a waiver under this 6
subchapter is binding on the entity, and the entity is not authorized to 7
petition for the grant of a waiver absent a substantial change in 8
circumstances justifying the waiver. 9
(5) The decision of the Arkansas History Commission either 10
granting or denying a waiver under this subchapter shall be: 11
(A) In writing; 12
(B) Maintained as a permanent record of the Arkansas 13
History Commission; and 14
(C) Provided to the court of competent jurisdict ion if the 15
grant of a waiver or denial of a waiver is appealed. 16
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SECTION 3. Arkansas Code § 22 -3-2105, concerning applicability under 18
the Arkansas State Capitol and Historical Monument Protection Act, is amended 19
to add additional subsections to read as f ollows: 20
(f)(1)(A) In any action to enforce the rights granted by this 21
subchapter, or in any appeal from such an action, the court of competent 22
jurisdiction may assess against the defendant reasonable attorney’s fees and 23
other litigation expenses reasonably incurred by a plaintiff who has obtained 24
a ruling in favor of the plaintiff, unless the court of competent 25
jurisdiction finds that the position of the defendant was substantially 26
justified. 27
(B) For the purposes of this section, a proceeding is 28
"substantially justified" if it had a reasonable basis in law or fact at the 29
time it was initiated. 30
(2) If the defendant has substantially prevailed in the action, 31
the court of competent jurisdiction may assess expenses against the plaintiff 32
only upon a finding that the action was initiated primarily for frivolous or 33
dilatory purposes. 34
(g)(1) Notwithstanding subdivision (f)(1) of this section, the court 35
of competent jurisdiction shall not assess reasonable attorney’s fees or 36 SB121
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other litigation expenses reasonably incurred by a plaintiff against the 1
State of Arkansas or a department, agency, or institution of the state. 2
(2)(A) A plaintiff who substantially prevails in an action under 3
this section against the State of Arkansas or a department, agency, or 4
institution of the state may file a claim with the Arkansas State Claims 5
Commission to recover reasonable attorney’s fees and other litigation 6
expenses reasonably incurred. 7
(B) A claim for reasonable attorney’s fees and litigation 8
expenses reasonably incurred in an action against the State of Arkansas or a 9
department, agency, or institution of the state shall be filed with the 10
Arkansas State Claims Commission under § 19-10-201 et seq. within sixty (60) 11
days of the final disposition of an action under this section. 12
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SECTION 4. EMERGENCY CLAUSE. It is found and determined by the 14
General Assembly of the State of Arkansas that the State Capitol, monuments, 15
veterans' cemeteries, and other historical monuments require additional 16
protection; that the historical monuments have an irre placeable value to the 17
people of Arkansas who wish to preserve these venerated treasures; and that 18
this act is immediately necessary because there is a continuing and imminent 19
threat to historical monuments, and the preservation of these historical 20
monuments protects the public peace. Therefore, an emergency is declared to 21
exist, and this act being immediately necessary for the preservation of the 22
public peace, health, and safety shall become effective on: 23
(1) The date of its approval by the Governor; 24
(2) If the bill is neither approved nor vetoed by the Governor, 25
the expiration of the period of time during which the Governor may veto the 26
bill; or 27
(3) If the bill is vetoed by the Governor and the veto is 28
overridden, the date the last house overrides the veto. 29
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