Section 22-3-223 - Monument to Unborn Children Display Act(a) This section shall be known and may be cited as the "Monument to Unborn Children Display Act".(b)(1) The Secretary of State shall permit and arrange placement on the State Capitol grounds of a suitable monument commemorating unborn children aborted during the era of Roe v. Wade, 410 U.S. 113 (1973).(2)(A) The Capitol Arts and Grounds Commission shall oversee the selection of the artist and design of the monument with input from pro-life groups in Arkansas.(B) The Secretary of State shall have final approval of the selection of the artist and design of the monument selected by the commission before any construction is commenced.(C) Upon approval of the artist and design, the Secretary of State shall arrange for the construction, placement, and dedication of the monument on the State Capitol grounds by private entities at no expense to the State of Arkansas.(D) The monument shall be placed on the State Capitol grounds at a location selected and approved by the Secretary of State.(3) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq.(c) If the legality or constitutionality of the monument under subsection (b) of this section is challenged in a court of law, the Attorney General may: (1) Prepare and present a legal defense of the monument; or(2)(A) Request that a private law firm serve as counsel to prepare and present a legal defense of the monument.(B) A request under subdivision (c)(2)(A) of this section shall not be subject to § 25-16-702.(d) The Secretary of State may accept gifts, grants, and donations from individuals and organizations, to be deposited as trust funds into the Monument to Unborn Children Display Fund.(e) The Secretary of State shall:(1) Have the authority to enter into all necessary contracts for the design, construction, and dedication of the monument;(2) Oversee the continued maintenance, repair, and replacement, if necessary due to catastrophic damage, of the monument utilizing funds held in the Monument to Unborn Children Display Fund, or if no funds are available, any other fund under the control and authority of the Secretary of State that exists for the maintenance and repair of monuments on display in the State Capitol or on the grounds of the State Capitol; and(3) Provide that any maintenance, repairs, or replacement of the monument shall restore it to a state equal to the original quality and condition.Added by Act 2023, No. 310,§ 3, eff. 8/1/2023.