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Senate committee approves Capitol and monument-protection bill amid local-control concerns

April 01, 2021 | STATE AGENCIES & GOVT'L AFFAIRS-SENATE, Senate, Committees, Legislative, Arkansas


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Senate committee approves Capitol and monument-protection bill amid local-control concerns
Senator Mark Johnson told the committee Senate Bill 553, the Arkansas State Capitol and Historical Monument Protection Act, "does exactly what the title says": it would expand legal protections for monuments on public property, explicitly include memorials and monuments on State Capitol grounds, and raise criminal penalties for damage in certain circumstances.

Johnson said the bill narrows what counts as a protected monument, allows petitioners to seek advisory opinions from the Arkansas History Commission when unsure whether an item qualifies, and leaves intact the existing prohibition on adding or removing monuments on the Capitol without General Assembly approval. "It does enhance the criminal penalty," he told the committee, and the bill sets misdemeanor and felony thresholds tied to damage values and prior convictions.

Lanny Richmond, legal counsel for the Arkansas Municipal League, opposed the bill on grounds of local control. He told senators the measure would shift decision-making to an unelected state body and could cover small, common items on municipal property, such as nameplates or pictures. "This is the worst form of an attack on local control," Richmond said, adding that municipalities need the ability to remove or move items quickly and without waiting for an advisory opinion.

Committee members asked whether the bill would cover memorials that are not military in nature, such as a fallen firefighters plaque; Johnson said the definitions and the bill's references to memorials would include those sites and that anything on Capitol grounds would be covered without limitation. Senators also raised concerns about broad application to items listed on the National Register of Historic Places; Richmond warned that would automatically extend criminal protections to many small municipal artifacts.

After testimony and discussion, the committee voted to pass SB553.

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