AR
Arkansas Senate Bill SB121

Arkansas 2023 Regular Session

Arkansas Senate Bill SB121 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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4-State of Arkansas As Engrossed: S2/13/23 S2/22/23 1
4+State of Arkansas As Engrossed: S2/13/23 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 SENATE BILL 121 3
77 4
88 By: Senator M. Johnson 5
99 By: Representative Gazaway 6
1010 7
1111 For An Act To Be Entitled 8
1212 AN ACT TO AMEND THE ARKANSAS STATE CAPIT OL AND 9
1313 HISTORICAL MONUMENT PROTECTION ACT; TO D ECLARE AN 10
1414 EMERGENCY; AND FOR O THER PURPOSES. 11
1515 12
1616 13
1717 Subtitle 14
1818 TO AMEND THE ARKANSAS STATE CAPITOL AND 15
1919 HISTORICAL MONUMENT PROTECTION ACT; AND 16
2020 TO DECLARE AN EMERGENCY. 17
2121 18
2222 19
2323 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
2424 21
2525 SECTION 1. Arkansas Code § 22 -3-2102, concerning definitions under the 22
2626 Arkansas State Capitol and Historical Monument Protection Act, is amended to 23
2727 add an additional subdivision to read as follows: 24
2828 (6) “Temporary” means sixty (60) days or less. 25
2929 26
3030 SECTION 2. Arkansas Code § 22 -3-2104(f), concerning the preservation 27
3131 of historical monuments, is amended to add additional subdivisions to read as 28
3232 follows: 29
3333 (3)(A)(i) If a waiver is not granted by the Arkansas History 30
3434 Commission to remove a historical monument or memorial and the historical 31
3535 monument or memorial is removed or has been removed without a waiver, a 32
3636 citizen may bring an action in a court of competent jurisdiction to enjoin 33
3737 the removal of the historical monument or memorial without a waiver. 34
3838 (ii) The court of competent jurisdiction shall: 35
39- (a) Enjoin the removal of the historical 36 As Engrossed: S2/13/23 S2/22/23 SB121
39+ (a) Enjoin the removal of the historical 36 As Engrossed: S2/13/23 SB121
4040
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4242
4343
4444 monument or memorial; or 1
4545 (b) Order the governmental entity having title 2
4646 to, or custody of, the removed historical monument or memorial to restore the 3
4747 historical monument or memorial to its original condition and location. 4
4848 (B) Subdivision (f)(3)(A) of this section applies to a 5
49-historical monument or memorial: 6
50- (i) Removed without a waiver after April 28, 2021; 7
51-or 8
52- (ii) Partially removed by a public entity in the 9
53-last five (5) years and any portion removed is still in the possession of the 10
54-public entity. 11
55- (4) A grant of a waiver or denial of a waiver under this 12
56-subchapter is binding on the entity, and the entity is not authorized to 13
57-petition for the grant of a waiver absent a substantial change in 14
58-circumstances justifying the waiver. 15
59- (5) The decision of the Arkansas History Commission either 16
60-granting or denying a waiver under this subchapter shall be: 17
61- (A) In writing; and 18
62- (B) Maintained as a permanent record of the Arkansas 19
63-History Commission. 20
64- 21
65- SECTION 3. Arkansas Code § 22 -3-2105, concerning applicability under 22
66-the Arkansas State Capitol and Historical Monument Protection Act, is amended 23
67-to add additional subsections to read as follows: 24
68- (f)(1)(A) In any action to enforce the rights granted by this 25
69-subchapter, or in any appeal from an action under subsection (b) of this 26
70-section, the court of competent jurisdiction may assess against the defendant 27
71-reasonable attorney’s fees and other litigation expenses reasonably incurred 28
72-by a plaintiff who has obtained a ruling in favor of the plaintiff, unless 29
73-the court of competent jurisdiction finds that the position of the defendant 30
74-was substantially justified. 31
75- (B) For the purposes of this section, a proceeding is 32
76-"substantially justified" if it had a reasonable basis in law or fact at the 33
77-time it was initiated. 34
78- (2) If the defendant has substantially prevailed in the action, 35
79-the court of competent jurisdiction may assess expenses against the plaintiff 36 As Engrossed: S2/13/23 S2/22/23 SB121
49+historical monument or memorial removed without a waiver after April 28, 6
50+2021, or a historical monument or memorial still in the possession of the 7
51+public entity and removed in the last five (5) years. 8
52+ (4) A grant of a waiver or denial of a waiver under this 9
53+subchapter is binding on the entity, and the entity is not authorized to 10
54+petition for the grant of a waiver absent a substantial change in 11
55+circumstances justifying the waiver. 12
56+ (5) The decision of the Arkansas History Commission either 13
57+granting or denying a waiver under this subchapter shall be: 14
58+ (A) In writing; and 15
59+ (B) Maintained as a permanent record of the Arkansas 16
60+History Commission. 17
61+ 18
62+ SECTION 3. Arkansas Code § 22 -3-2105, concerning applicability under 19
63+the Arkansas State Capitol and Historical Monument Protection Act, is amended 20
64+to add additional subsections to read as follows: 21
65+ (f)(1)(A) In any action to enforce the rights granted by this 22
66+subchapter, or in any appeal from an action under subsection (b) of this 23
67+section, the court of competent jurisdiction may assess against the defendant 24
68+reasonable attorney’s fees and other litigation expenses reasonably incurred 25
69+by a plaintiff who has obtained a ruling in favor of the plaintiff, unless 26
70+the court of competent jurisdiction finds that the position of the defendant 27
71+was substantially justified. 28
72+ (B) For the purposes of this section, a proceeding is 29
73+"substantially justified" if it had a reasonable basis in law or fact at the 30
74+time it was initiated. 31
75+ (2) If the defendant has substantially prevailed in the action, 32
76+the court of competent jurisdiction may assess expenses against the plaintiff 33
77+only upon a finding that the action was initiated primarily for frivolous or 34
78+dilatory purposes. 35
79+ (g)(1) Notwithstanding subdivision (f)(1) of this section, the court 36 As Engrossed: S2/13/23 SB121
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84-only upon a finding that the action was initiated primarily for frivolous or 1
85-dilatory purposes. 2
86- (g)(1) Notwithstanding subdivision (f)(1) of this section, the court 3
87-of competent jurisdiction shall not assess reasonable attorney’s fees or 4
88-other litigation expenses reasonably incurred by a plaintiff against the 5
89-State of Arkansas or a department, agency, or institution of the state. 6
90- (2)(A) A plaintiff who substantially prevails in an action under 7
91-this section against the State of Arkansas or a department, agency, or 8
92-institution of the state may file a claim with the Arkansas State Claims 9
93-Commission to recover reasonable attorney’s fees and other litigation 10
94-expenses reasonably incurred. 11
95- (B) A claim for reasonable attorney’s fees and litigation 12
96-expenses reasonably incurred in an action against the State of Arkansas or a 13
97-department, agency, or institution of the state shall be filed with the 14
98-Arkansas State Claims Commission under § 19-10-201 et seq. within sixty (60) 15
99-days of the final disposition of an action under this section. 16
100- 17
101- SECTION 4. EMERGENCY CLAUSE. It is found and determined by the 18
102-General Assembly of the State of Arkansas that the State Capitol, monuments, 19
103-veterans' cemeteries, and other historical monuments require additional 20
104-protection; that the historical monuments have an irreplaceable value to the 21
105-people of Arkansas who wish to preserve these venerated treasures; and that 22
106-this act is immediately necessary because there is a continuing and imminent 23
107-threat to historical monuments, and the preservation of these historical 24
108-monuments protects the public peace. Therefore, an emergency is declared to 25
109-exist, and this act being imm ediately necessary for the preservation of the 26
110-public peace, health, and safety shall become effective on: 27
111- (1) The date of its approval by the Governor; 28
112- (2) If the bill is neither approved nor vetoed by the Governor, 29
113-the expiration of the period of time during which the Governor may veto the 30
114-bill; or 31
115- (3) If the bill is vetoed by the Governor and the veto is 32
116-overridden, the date the last house overrides the veto. 33
84+of competent jurisdiction shall not assess reasonable attorney’s fees or 1
85+other litigation expenses reasonably incurred by a plaintiff against the 2
86+State of Arkansas or a department, agency, or institution of the state. 3
87+ (2)(A) A plaintiff who substantially prevails in an action under 4
88+this section against the State of Arkansas or a department, agency, or 5
89+institution of the state may file a claim with the Arkansas State Claims 6
90+Commission to recover reasonable attorney’s fees and other litigation 7
91+expenses reasonably incurred. 8
92+ (B) A claim for reasonable attorney’s fees and litigation 9
93+expenses reasonably incurred in an action against the State of Arkansas or a 10
94+department, agency, or institution of the state shall be filed with the 11
95+Arkansas State Claims Commission under § 19-10-201 et seq. within sixty (60) 12
96+days of the final disposition of an action under this section. 13
97+ 14
98+ SECTION 4. EMERGENCY CLAUSE. It is found and determined by the 15
99+General Assembly of the State of Arkansas that the State Capitol, monuments, 16
100+veterans' cemeteries, and other historical monuments require additional 17
101+protection; that the historical monuments have an irre placeable value to the 18
102+people of Arkansas who wish to preserve these venerated treasures; and that 19
103+this act is immediately necessary because there is a continuing and imminent 20
104+threat to historical monuments, and the preservation of these historical 21
105+monuments protects the public peace. Therefore, an emergency is declared to 22
106+exist, and this act being immediately necessary for the preservation of the 23
107+public peace, health, and safety shall become effective on: 24
108+ (1) The date of its approval by the Governor; 25
109+ (2) If the bill is neither approved nor vetoed by the Governor, 26
110+the expiration of the period of time during which the Governor may veto the 27
111+bill; or 28
112+ (3) If the bill is vetoed by the Governor and the veto is 29
113+overridden, the date the last house overri des the veto. 30
114+ 31
115+/s/M. Johnson 32
116+ 33
117117 34
118-/s/M. Johnson 35
118+ 35
119119 36