Section 22-3-2104 - Preservation of historical monuments(a)(1) A historical monument shall not be relocated, vandalized, damaged, destroyed, removed, altered, renamed, rededicated, or otherwise disturbed.(2) Subdivision (a)(1) of this section does not prohibit a governmental entity having responsibility for maintaining a historical monument from:(A) Taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the historical monument; and(B) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity:(i) Removes or relocates the historical monument for less than sixty (60) days; and(ii) Ensures the protection of the historical monument while the historical monument is removed or relocated.(3) Subdivision (a)(1) of this section does not prohibit a local government entity from removing, storing, stabilizing, altering, or otherwise displacing a historical monument to install, relocate, repair, or alter public infrastructure if: (A) The local government entity exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument;(B) The historical monument is removed or relocated for less than sixty (60) days;(C) A waiver is obtained from the Arkansas History Commission to remove or relocate the historical monument for a period of time greater than sixty (60) days; and(D) The public utility ensures the protection of the historical monument while the historical monument is removed or relocated.(4) A person shall not install, erect, name, or dedicate a new historical monument that impedes the use of a public right-of-way or utility easement.(5) Subdivision (a)(1) of this section does not apply to the replacement or repair of a frayed, soiled, or damaged flag that is part of a historic flag display if the frayed, soiled, or damaged flag is replaced with a similar flag.(b)(1) An entity exercising control of public property that is itself a historical monument or on which a historical monument is situated may petition the Arkansas History Commission for a waiver from the requirements of subdivision (a)(1) of this section.(2) A petition for a waiver authorized by subdivision (b)(1) of this section shall: (B) State the reason the waiver is necessary.(3) The Arkansas History Commission may:(A) Grant a petition for a waiver by a majority vote of those present and voting at a regularly scheduled Arkansas History Commission meeting; and(B) Include reasonable conditions and instructions to ensure that the historical monument is preserved to the greatest extent possible.(c) Subsection (b) of this section does not apply to the Capitol Arts and Grounds Commission or the office of the Secretary of State.(d) A governmental entity may request an advisory opinion from the Arkansas History Commission of whether a statue, memorial, gravestone plate, plaque, or historic flag display qualifies as a historical monument under this subchapter.(e) A governmental entity shall request a waiver from the Arkansas History Commission for a historical monument that previously has been removed but is still in the possession of a governmental entity to determine the disposition of the historical monument under subdivision (f)(1) of this section.(f)(1) If a waiver is granted by the Arkansas History Commission for the removal of a historical monument, the waiver shall include directions for the disposition of the historical monument and may include without limitation the: (A) Return of the historical monument to the donor of the historical monument or the donor's heirs or assigns;(B) Return of the historical monument to an organization that donated the historical monument or the organization's successor or assigns;(C) Donation of the historical monument to a public entity; or(D) Donation or public sale of the historical monument to a private entity.(2) If a waiver is granted to remove a historical monument or a waiver is granted to allow the disposition of a historical monument that has been removed, title to the removed historical monument shall be transferred to the entity receiving the historical monument under subdivision (f)(1) of this section.Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.