Bill to alter monuments law fails

LITTLE ROCK — The Arkansas Senate on Thursday rejected a bill changing a 2021 state law enacted to protect historical monuments on public property, including those commemorating the Civil War.

The Senate’s 8-16 vote on Senate Bill 121 fell 10 votes short of the 18 votes required for approval in the 35-member Senate.

The Senate later voted to expunge that vote to clear the way for another vote on the bill.

Under Act 1003 of 2021, a “historical monument shall not be relocated, vandalized, damaged, destroyed, removed, altered, renamed, rededicated or otherwise disturbed,” and an entity controlling public property that is itself a historical monument or on which a monument sits may petition the Arkansas History Commission for a waiver from the requirements of the law.

Under SB121, if a waiver is not granted by the History Commission to remove a historical monument or memorial and the historical monument or memorial is removed or has been removed without a waiver, a citizen may file a lawsuit to enjoin the removal of the historical monument or memorial without a waiver.

A judge would be required to enjoin the removal of the historical monument or memorial or order the governmental entity having title to or custody of the removed historical monument or memorial to restore the historical monument or memorial to its original condition and location under the bill.

The bill would apply to a historical monument or memorial removed without a waiver after April 28, 2021, or partially removed by a public entity in the past five years, and any portion removed still in possession of the public entity.

Sen. Mark Johnson, a Republican from Little Rock who is also the bill’s lead sponsor, said the bill could apply to situations in either Fort Smith or Little Rock, and he said he hopes it would resolve litigation in Fort Smith.