(a)
- (1) The Arkansas State Capitol and Historical Monument Protection Act, Arkansas Code § 22-3-2101 et seq., was enacted in 2021.
- (2) The Arkansas State Capitol and Historical Monument Protection Act prohibits the removal, relocation, alteration, or renaming of a memorial that is located on public property if the monument will be moved or relocated for more than sixty (60) days.
(b)
- (1) A public entity exercising control of a memorial may petition the Arkansas History Commission in writing for a waiver from the prohibition.
- (2) After consideration of the petition, the commission will vote on whether to grant or deny the waiver.
(c)
- (1) The Arkansas State Capitol and Historical Monument Protection Act also provides for a temporary waiver on an emergency basis that can be submitted and granted verbally or in writing.
- (2) If a waiver is granted, recommendations as to disposition of the historical monument will be provided by the commission.
(d)
- (1) The Arkansas State Capitol and Historical Monument Protection Act also requires governmental entities to register historical monuments with the commission that were erected after the effective date of the Arkansas State Capitol and Historical Monument Protection Act, April 28, 2021.
- (2) The governmental entities may request an advisory opinion from the commission determining whether the memorial displayed is a historical monument.
- (3) After consideration of the request, the commission will vote on whether the monument is determined to be a historical monument.
- (4) The commission will provide a registration process for the registration of historical monuments that were erected after the effective date of the Arkansas State Capitol and Historical Monument Protection Act, April 28, 2021.