Stricken language would be deleted from and underlined language would be added to present law.
Act 362 of the Regular Session
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 335 3
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By: Senator J. Bryant 5
By: Representative M. Berry 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING THE A RKANSAS 9
CAPITOL GROUNDS MONU MENT AND MEMORIAL PR ESERVATION 10
FUND; TO AMEND THE L AW CONCERNING THE MA INTENANCE, 11
REPAIR, AND UPKEEP O F MONUMENTS AND MEMO RIALS AREAS 12
ON STATE CAPITOL GRO UNDS; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO AMEND THE LAW CONCERNING THE ARKANSAS 17
CAPITOL GROUNDS MONUMENT AND MEMORIAL 18
PRESERVATION FUND; TO AMEND THE LAW 19
CONCERNING THE MAINTENANCE, REPAIR, AND 20
UPKEEP OF MONUMENTS AND MEMORIALS AREAS 21
ON STATE CAPITOL GROUNDS. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. Arkansas Code § 13 -10-101(d), concerning the creation and 27
duties of the Arkansas Medal of Honor Commission, is amended to read as 28
follows: 29
(d) State funding shall not be util ized to accomplish the purposes of 30
this chapter The commission may receive donations and contributions from 31
individuals, state appropriations, and public and private organizations in 32
order to carry out the responsibilities of the commission . 33
(e) The Secretary of State may be authorized by the Arkansas Medal of 34
Honor Commission to perform m aintenance, repair, alteration, additions, 35
reconstruction, or upkeep of any kind on the monument. 36 SB335
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1
SECTION 2. Arkansas Code § 19 -5-1125 is amended to read as follows: 2
19-5-1125. Arkansas Capitol Grounds Monument and Memorial Preservation 3
Fund — Definitions. 4
(a) As used in this section: 5
(1) “Memorial area” means the designated area of the State 6
Capitol grounds for use in remembrance and honoring a person or group o f 7
persons; and 8
(2) “Monument” means a statue, display, or other artful fixture 9
that is constructed to be attached to a memorial area. 10
(b)(1) There is created on the books of the Treasurer of State, the 11
Auditor of State, and the Chief Fiscal Officer of the State a fund to be 12
known as the “Arkansas Capitol Grounds Monument and Memorial Preservation 13
Fund”. 14
(2) The fund Arkansas Capitol Grounds Monument and Memorial 15
Preservation Fund shall consist of funds made available from : 16
(A) private Private donations received by the Capitol Arts 17
and Grounds Commission ,; 18
(B) fees Fees paid by sponsors of the monuments and 19
memorial areas, under subsection (c) of this section; and 20
(C) any additional Additional moneys appropriated to the 21
fund Arkansas Capitol Grounds Monument and Memorial Preservation Fund by the 22
General Assembly; and 23
(D) Accrued interest from the Arkansas Capitol Grounds 24
Monument and Memorial Preservation Fund . 25
(3) The fund shall be used for the maintenance, repair, 26
alteration, additions, reconstruction, or upkeep of any kind of any monument 27
or memorial area on the State Capitol grounds. 28
(c)(1)(A) Except as provided under subdivision (c)(1)(B) of this 29
section, following the enactment of an act authorizing the memorial area or 30
monument and before construction , improvement, or placement begins, a group 31
or organization that sponsors and pays the cost of the construction , 32
improvement, placement , or replacement of a memorial area or monument on the 33
State Capitol grounds shall pay to the Secretary of State a fee for 34
placement, improvements to, or replacement of the monument or memorial area 35
of: 36 SB335
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(i) Ten percent (10%) of the cost of the monument; 1
and 2
(ii) Ten percent (10%) of the construction cost of 3
the memorial area. 4
(B) The Secretary of State may allow the beginning of 5
construction of a memorial area on State Capitol grounds if: 6
(i) A dedicated funding source has been established 7
for the purpose of payment of the fees under this subsection; and 8
(ii) The organization demonstrates that substantial 9
funds have been raised to complete the project. 10
(2) The fee collected under subdivision (c)(1) of this section: 11
(A) Shall be deposited into the fund; and 12
(B) May be used for the maintenance of any monument or 13
memorial area on the State Capitol grounds. 14
(3) The amount of the fee may be reviewed by the commission as 15
to how the fee under subsection (c) of this section was calculated by the 16
Secretary of State. 17
(d)(1) All moneys deposited into the fund Arkansas Capitol Grounds 18
Monument and Memorial Preservation Fund and any accrued interest shall remain 19
in the fund to maintain, restore, and preserve all monuments and memorial 20
areas on the State Capitol grounds Arkansas Capitol Grounds Monument and 21
Memorial Preservation Fund. 22
(2) The Secretary of State shall administer the fund Arkansas 23
Capitol Grounds Monument and Memorial Preservation Fund . 24
(3) The accrued interest from the fund shall be appropriated to 25
the fund. 26
(e)(1) The commission may receive gifts, g rants, and donations from 27
private or public sources for the fund. 28
(2) In addition to any other moneys appropriated or transferred 29
by the General Assembly, the gifts, grants, and donations shall be 30
transmitted to the Treasurer of State, who shall credit the amount to the 31
fund Except as provided in subdivision (e)(2) of this section, the Arkansas 32
Capitol Grounds Monument and Memorial Preservation Fund shall be used for the 33
maintenance, repair, alteration, additions, reconstruction, or upkeep of kind 34
for any monument or memorial area on the State Capitol grounds . 35
(e)(2) Before the expenditure of any moneys from the Arkansas 36 SB335
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Capitol Grounds Monument and Memorial Preservation Fund for the maintenance, 1
repair, alteration, addition, reconstruction, or upkeep of any kind for a 2
specific monument or memorial areas on State Capitol grounds, if there is a 3
fund dedicated to that specific monument or memorial, the Secretary of State 4
shall utilize the gifts, grants, and donations made to the following funds 5
for the maintenance, repair, alteration, addition, reconstruction, or upkeep 6
of that specific monument or memorial: 7
(A) Vietnam Veterans' Monument Fund; 8
(B) Arkansas Military War Veterans Monument Fund; 9
(C) Ten Commandments Monument Display Act under § 2 2-3-10
221; 11
(D) Gold Star Family Memorial Monument Fund; and 12
(E) Arkansas Fallen Firefighters Memorial Board under § 13
22-3-1704. 14
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APPROVED: 3/21/23 17
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