22 CAR § 82-103 – Definitions

As used in this part:

(1) "Act" means the Arkansas State Capitol and Historical Monument Protection Act as codified at Arkansas Code § 22-3-2101 et seq.;
(2) "Arkansas State Archives" means the Arkansas State Archives, which is an agency within the Division of Arkansas Heritage of the Department of Parks, Heritage, and Tourism;
(3) "Department" means the Department of Parks, Heritage, and Tourism;
(4)
1. (A) "Historical monument" means a statue, memorial, gravestone plate, plaque, or historic flag display that is located:
  1. (i) On public property and was installed, erected for, or named or dedicated in honor of a historical person, historical event, public service organization, firefighter, police officer, military organization, or military unit, including without limitation:
    1. (a) (a) The French and Indian War;
    2. (b) (b) The American Revolution;
  2. (c) (c) The War of 1812;
  3. (d) (d) The Mexican-American War;
    1. (e) (e) The American Civil War;
    2. (f) (f) The Spanish-American War;
    3. (g) (g) The Mexican Border War;
    4. (h) (h) World War I;
  4. (i) (i) World War II;
    1. (j) (j) The Korean conflict;
    2. (k) (k) The Vietnam War;
  5. (l) (l) Operation Urgent Fury;
  6. (m) (m) Operation El Dorado Canyon;
    1. (n) (n) Operation Just Cause;
    2. (o) (o) The Gulf War;
    3. (p) (p) Operation Enduring Freedom; and
    4. (q) (q) Operation Iraqi Freedom;
  7. (ii) On public property and has been listed on the National Register of Historic Places; or
  8. (iii) In a veteran's cemetery.
2. (B) "Historical monument" does not include:
  1. (i) A temporary exhibit;
  2. (ii) A temporary structure;
  3. (iii) A street sign; or
  4. (iv) Public property of the State Highway Commission;
(5)
1. (A) "History Commission" means the Arkansas History Commission.
2. (B) The Arkansas History Commission was created under Arkansas Code § 13-3-102 and consists of seven (7) members appointed by the Governor that serve as the Arkansas Historical Advisory Board to assist public and private nonprofit organizations throughout the state in the acquisition, preservation, and use of records of enduring value.
3. (C) The Arkansas History Commission is a part of the Arkansas State Archives.
4. (D) The Arkansas History Commission’s primary statutory purpose is to advise and assist the Secretary of the Department of Parks, Heritage, and Tourism in the discharge of his or her duties in regard to the Arkansas State Archives;
(6) "Memorial" means an identifiable place that is set aside for the purpose of preserving the memory of a:
1. (A) Historical person;
2. (B) Historical event;
3. (C) Public service organization;
4. (D) Firefighter;
5. (E) Police officer;
6. (F) Military organization; or
7. (G) Military unit;
(7) "Monument" means a statue, building, or other structure erected to commemorate a famous or notable person or event;
(8) "Person" means an individual or entity;
(9) "Public property" means all real or personal property owned or leased by:
1. (A) The state;
2. (B) A county;
3. (C) A municipality; or
4. (D) Any other entity or subdivision of the state, a county, or a municipal entity that is created by an act of the General Assembly to perform a public function;
(10) “Staff” means staff employed by the Arkansas State Archives or other employees of the Division of Arkansas Heritage as directed to assist the Arkansas History Commission by the Secretary of the Department of Parks, Heritage, and Tourism; and
(11) "State Capitol", per statute, means the land, parking areas, and streets surrounding the State Capitol Building, the Capitol Hill Apartments building, the Grounds Operations shop, and other land that is maintained by the Secretary of State.