- (a) Except as permitted by law or authorized under this part, a historical monument shall not be relocated, vandalized, damaged, destroyed, removed, altered, renamed, rededicated, or otherwise disturbed.
(b) Subsection (a) of this section does not prohibit a governmental entity having responsibility for maintaining a historical monument from:
- (1) Taking proper and appropriate measures and exercising proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument; and
(2) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity:
- (A) Removes or relocates the historical monument for less than sixty (60) days; and
- (B) Ensures the protection of the historical monument while a historical monument is removed or relocated.
(c)
- (1) Subsection (a) of this section does not prohibit a local government entity from removing, storing, stabilizing, altering, or otherwise displacing a historical monument for less than sixty (60) days to install, relocate, repair, or alter a public infrastructure if the local government entity exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument.
(2)
- (A) If a local government entity plans to remove, store, stabilize, alter, or otherwise displace a historical monument for more than sixty (60) days to install, relocate, repair, or alter a public infrastructure, the local government shall obtain a waiver from the Arkansas History Commission.
- (B) In the waiver application, the public entity shall include details to ensure the protection of the historical monument while it is removed or relocated.
- (d) Subsection (a) 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.
- (e) Subsection (a) of this section does not apply to the Capitol Arts and Grounds Commission or the Office of the Secretary of State.