Arkansas 2023 Regular Session

Arkansas Senate Bill SB335 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 362 of the Regular Session
3	2		MLD226 2/27/2023 9:58:38 AM MLD226
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 335 3
8	7		4
9	8		By: Senator J. Bryant 5
10	9		By: Representative M. Berry 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND THE LAW CONCERNING THE A RKANSAS 9
14	13		CAPITOL GROUNDS MONU MENT AND MEMORIAL PR ESERVATION 10
15	14		FUND; TO AMEND THE L AW CONCERNING THE MA INTENANCE, 11
16	15		REPAIR, AND UPKEEP O F MONUMENTS AND MEMO RIALS AREAS 12
17	16		ON STATE CAPITOL GRO UNDS; AND FOR OTHER PURPOSES. 13
18	17		14
19	18		15
20	19		Subtitle 16
21	20		TO AMEND THE LAW CONCERNING THE ARKANSAS 17
22	21		CAPITOL GROUNDS MONUMENT AND MEMORIAL 18
23	22		PRESERVATION FUND; TO AMEND THE LAW 19
24	23		CONCERNING THE MAINTENANCE, REPAIR, AND 20
25	24		UPKEEP OF MONUMENTS AND MEMORIALS AREAS 21
26	25		ON STATE CAPITOL GROUNDS. 22
27	26		23
28	27		24
29	28		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
30	29		26
31	30		SECTION 1. Arkansas Code § 13 -10-101(d), concerning the creation and 27
32	31		duties of the Arkansas Medal of Honor Commission, is amended to read as 28
33	32		follows: 29
34	33		(d) State funding shall not be utiliz ed to accomplish the purposes of 30
35	34		this chapter The commission may receive donations and contributions from 31
36	35		individuals, state appropriations, and public and private organizations in 32
37	36		order to carry out the responsibilities of the commission . 33
38	37		(e) The Secretary of State may be authorized by the Arkansas Medal of 34
39	38		Honor Commission to perform m aintenance, repair, alteration, additions, 35
40	39		reconstruction, or upkeep of any kind on the monument. 36 SB335
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45	44		1
46	45		SECTION 2. Arkansas Code § 19 -5-1125 is amended to read as follows: 2
47	46		19-5-1125. Arkansas Capitol Grounds Monument and Memorial Preservation 3
48	47		Fund — Definitions. 4
49	48		(a) As used in this section: 5
50	49		(1) “Memorial area” means the designated area of the State 6
51	50		Capitol grounds for use in remembrance and honoring a person or group of 7
52	51		persons; and 8
53	52		(2) “Monument” means a statue, display, or other artful fixture 9
54	53		that is constructed to be attached to a memorial area. 10
55	54		(b)(1) There is created on the books of the Treasurer of State, the 11
56	55		Auditor of State, and the Chief Fiscal Officer of t he State a fund to be 12
57	56		known as the “Arkansas Capitol Grounds Monument and Memorial Preservation 13
58	57		Fund”. 14
59	58		(2) The fund Arkansas Capitol Grounds Monument and Memorial 15
60	59		Preservation Fund shall consist of funds made available from : 16
61	60		(A) private Private donations received by the Capitol Arts 17
62	61		and Grounds Commission ,; 18
63	62		(B) fees Fees paid by sponsors of the monuments and 19
64	63		memorial areas, under subsection (c) of this section; and 20
65	64		(C) any additional Additional moneys appropriated to the 21
66	65		fund Arkansas Capitol Grounds Monument and Memorial Preservation Fund by the 22
67	66		General Assembly; and 23
68	67		(D) Accrued interest from the Arkansas Capitol Grounds 24
69	68		Monument and Memorial Preservation Fund . 25
70	69		(3) The fund shall be used for the maintenance, repair, 26
71	70		alteration, addition s, reconstruction, or upkeep of any kind of any monument 27
72	71		or memorial area on the State Capitol grounds. 28
73	72		(c)(1)(A) Except as provided under subdivision (c)(1)(B) of this 29
74	73		section, following the enactment of an act authorizing the memorial area or 30
75	74		monument and before construction , improvement, or placement begins, a group 31
76	75		or organization that sponsors and pays the cost of the construction , 32
77	76		improvement, placement , or replacement of a memorial area or monument on the 33
78	77		State Capitol grounds shall pay to the Secr etary of State a fee for 34
79	78		placement, improvements to, or replacement of the monument or memorial area 35
80	79		of: 36 SB335
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85	84		(i) Ten percent (10%) of the cost of the monument; 1
86	85		and 2
87	86		(ii) Ten percent (10%) of the construction cost of 3
88	87		the memorial area. 4
89	88		(B) The Secretary of State may allow the beginning of 5
90	89		construction of a memorial area on State Capitol grounds if: 6
91	90		(i) A dedicated funding source has been established 7
92	91		for the purpose of payment of the fees under this subsection; and 8
93	92		(ii) The organization demonstrates that substantial 9
94	93		funds have been raised to complete the project. 10
95	94		(2) The fee collected under subdivision (c)(1) of this section: 11
96	95		(A) Shall be deposited into the fund; and 12
97	96		(B) May be used for the maintenance of any monument or 13
98	97		memorial area on the State Capitol grounds. 14
99	98		(3) The amount of the fee may be reviewed by the commission as 15
100	99		to how the fee under subsection (c) of this section was calculated by the 16
101	100		Secretary of State. 17
102	101		(d)(1) All moneys deposited into the fund Arkansas Capitol Grounds 18
103	102		Monument and Memorial Preservation Fund and any accrued interest shall remain 19
104	103		in the fund to maintain, restore, and preserve all monuments and memorial 20
105	104		areas on the State Capitol grounds Arkansas Capitol Grounds Monument and 21
106	105		Memorial Preservation Fund. 22
107	106		(2) The Secretary of State shall administer the fund Arkansas 23
108	107		Capitol Grounds Monument and Memorial Preservation Fund . 24
109	108		(3) The accrued interest from the fund shall be appropriated to 25
110	109		the fund. 26
111	110		(e)(1) The commission may receive gi fts, grants, and donations from 27
112	111		private or public sources for the fund. 28
113	112		(2) In addition to any other moneys appropriated or transferred 29
114	113		by the General Assembly, the gifts, grants, and donations shall be 30
115	114		transmitted to the Treasurer of State, who shall c redit the amount to the 31
116	115		fund Except as provided in subdivision (e)(2) of this section, the Arkansas 32
117	116		Capitol Grounds Monument and Memorial Preservation Fund shall be used for the 33
118	117		maintenance, repair, alteration, additions, reconstruction, or upkeep of kind 34
119	118		for any monument or memorial area on the State Capitol grounds . 35
120	119		(e)(2) Before the expenditure of any moneys from the Arkansas 36 SB335
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125	124		Capitol Grounds Monument and Memorial Preservation Fund for the maintenance, 1
126	125		repair, alteration, addition, reconstruction, or u pkeep of any kind for a 2
127	126		specific monument or memorial areas on State Capitol grounds, if there is a 3
128	127		fund dedicated to that specific monument or memorial, the Secretary of State 4
129	128		shall utilize the gifts, grants, and donations made to the following funds 5
130	129		for the maintenance, repair, alteration, addition, reconstruction, or upkeep 6
131	130		of that specific monument or memorial: 7
132	131		(A) Vietnam Veterans' Monument Fund; 8
133	132		(B) Arkansas Military War Veterans Monument Fund; 9
134	133		(C) Ten Commandments Monument Display Act und er § 22-3-10
135	134		221; 11
136	135		(D) Gold Star Family Memorial Monument Fund; and 12
137	136		(E) Arkansas Fallen Firefighters Memorial Board under § 13
138	137		22-3-1704. 14
139	138		15
140	139		16
141		-	~~APPROVED: 3/21/23~~ 17
	140	+	17
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