Arkansas 2025 2025 Regular Session

Arkansas Senate Bill SB489 Draft / Bill

Filed 03/17/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
*MBM189* 	03/17/2025 4:27:47 PM MBM189 
State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 489 3 
 4 
By: Senators G. Leding, G. Stubblefield 5 
By: Representatives Clowney, D. Garner, D. Whitaker 6 
 7 
For An Act To Be Entitled 8 
AN ACT TO AMEND ARKANSAS LAW CONCERNING THE PLACEMENT 9 
OF A MONUMENT ON THE STATE CAPITOL GROUNDS IN 10 
RECOGNITION OF THE DESEGREGATION OF THE CHARLESTON 11 
AND FAYETTEVILLE SCHOOL DISTRICTS IN 1954; AND FOR 12 
OTHER PURPOSES.  13 
 14 
 15 
Subtitle 16 
TO AMEND ARKANSAS LAW CONCERNING THE 17 
PLACEMENT OF A MONUMENT ON THE STATE 18 
CAPITOL GROUNDS IN RECOGNITION OF THE 19 
DESEGREGATION OF THE CHARLESTON AND 20 
FAYETTEVILLE SCHOOL DISTRICTS IN 1954. 21 
 22 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 
 24 
 SECTION 1.  DO NOT CODIFY.  FINDINGS AND LEGISLATIVE INTENT.  (a)  The 25 
General Assembly finds that: 26 
 (1)  Charleston School District in Charleston, Arkansas, and 27 
Fayetteville School District in Fayetteville, Arkansas, were acknowledged as 28 
the first school districts to desegregate their schools in the former 29 
Confederate States of America;  30 
 (2)  Following the May 17, 1954, decision of the United States 31 
Supreme Court in Brown v. Board of Education, the school boards of 32 
Fayetteville and Charleston voted to integrate their schools beginning in the 33 
fall of 1954, with Fayetteville making the decision just four (4) days after 34 
the Brown v. Board of Education opinion; 35 
 (3)  On August 23, 1954, eleven (11) African -American students 36    	SB489 
 
 	2 	03/17/2025 4:27:47 PM MBM189 
attended classes in Charleston with no publicity as the school board and the 1 
superintendent persuaded the local newspaper and civic and business leaders 2 
not to discuss their desegregation plans with out -of-town sources; 3 
 (4)  When Fayetteville High School integrated on September 10, 4 
1954, the Charleston School Board President revealed that Charleston had 5 
peacefully integrated three (3) weeks earlier; 6 
 (5)  While integration in Charleston and Fayetteville was spared 7 
some of the problems experienced by other schools during the early days of 8 
desegregation, the districts faced challenges such as football teams refusing 9 
to play Charleston and Fayetteville as there were black players on the teams 10 
and Charleston being excluded from some band competitions because of their 11 
black band members; 12 
 (6)  United States Senator Dale Bumpers, a former member of the 13 
Charleston School Board, sponsored legislation in 1998 designating Charleston 14 
High School as a National Commemorative Site; and 15 
 (7)  It is appropriate to commemorate the historic achievement of 16 
being the first school districts in the former Confederate States of America 17 
to desegregate their schools by placing a monument on the State Capitol 18 
grounds in recognition of the school districts in Charleston and 19 
Fayetteville.   20 
 (b)  It is the intent of this act to place a monument on the State 21 
Capitol grounds in recognition of the historic desegregation of the 22 
Charleston School District and the Fayetteville School District in 1954.   23 
 24 
 SECTION 2.  Arkansas Code § 19 -5-1125(e)(2), concerning the Arkansas 25 
Capitol Grounds Monument and Memorial Preservation Fund and as amended by 26 
Acts 2025, No. 251, is amended to read as follows:  27 
 (2)  Before the expenditure of any moneys from the Arkansas 28 
Capitol Grounds Monument and Memorial Preservation Fund for the maintenance, 29 
repair, alteration, addition, reconstruction, or upkeep of any kind for a 30 
specific monument or memorial areas on State Capitol grounds, if there is a 31 
fund dedicated to that specific monument or memorial, the Secretary of State 32 
shall utilize the gifts, grants, and donations made to the following funds 33 
for the maintenance, repair, alteration, addition, reconstruction, or upkeep 34 
of that specific monument or memorial: 35 
 (A)  Vietnam Veterans Monument Fund; 36    	SB489 
 
 	3 	03/17/2025 4:27:47 PM MBM189 
 (B)  Arkansas Military War Veterans Monument Fund; 1 
 (C)  Ten Commandments Monument Display Act under § 22 -3-2 
221; 3 
 (D)  Gold Star Family Memorial Monument Fund; 4 
 (E)  Arkansas Fallen Firefighters Memorial Board under § 5 
22-3-1704; and  6 
 (F)  Hoxie: The First Stand Memorial Monument Fund ; and  7 
 (G)  Charleston and Fayetteville Desegregation Memorial 8 
Monument Fund. 9 
 10 
 SECTION 3.  Arkansas Code Title 19, Chapter 5, Subchapter 11, is 11 
amended to add an additional section to read as follows:  12 
 19-5-1161.  Charleston and Fayetteville Desegregation Memorial Monument 13 
Fund. 14 
 (a)  There is established on the books of the Treasurer of State, the 15 
Auditor of State, and the Chief Fiscal Officer of the State a trust fund to 16 
be known as the “Charleston and Fayetteville Desegregation Memorial Monument 17 
Fund”. 18 
 (b)  The fund shall consist of gifts, grants, and donations from 19 
individuals and organizations as provided under the Charleson and 20 
Fayetteville Desegregation Memorial Monument Act, § 22 -3-225, and other funds 21 
as may be provided by law. 22 
 (c)  The fund shall be used exclusively for the purpose of erecting and 23 
maintaining a suitable monument on the State Capitol grounds in recognition  24 
of the desegregation of the Charleston and Fayetteville school districts in 25 
1954, as provided in the Charleston and Fayetteville Desegregation Memorial 26 
Monument Act, § 22-3-225.  27 
 28 
 SECTION 4.  Arkansas Code Title 22, Chapter 3, Subchapter 2, is amended 29 
to add an additional section to read as follows:  30 
  22-3-225.  Charleston and Fayetteville Desegregation Memorial Monument 31 
Act. 32 
 (a)  This section shall be known and may be cited as the “Charleston 33 
and Fayetteville Desegregation Memorial Monument Act”. 34 
 (b)(1)  The Secretary of State shall permit and arrange for the 35 
placement on the State Capitol grounds of a monument commemorating the 36    	SB489 
 
 	4 	03/17/2025 4:27:47 PM MBM189 
desegregation of the Charleston and Fayetteville School Districts in 1954.  1 
 (2)  The monument shall be placed on the State Capitol grounds 2 
where there are other monuments. 3 
 (3)  The Secretary of State shall approve the design and site 4 
selection for the monument through consultation with the Capitol Arts and 5 
Grounds Commission. 6 
 (c)  The Secretary of State may accept gifts, grants, and donations 7 
from individuals and organizations to be deposited as trust funds into the 8 
Charleston and Fayetteville Desegregation Memorial Monument Fund. 9 
 10 
 11 
 12 
 13 
 14 
 15 
 16 
 17 
 18 
 19 
 20 
 21 
 22 
 23 
 24 
 25 
 26 
 27 
 28 
 29 
 30 
 31 
 32 
 33 
 34 
 35 
 36