§ 22-3-2105 — Applicability

(a) A petition for a waiver may be authorized under § 22-3-2104(b) if the application of this subchapter interferes with the construction, maintenance, or operation of a public facility owned or managed by the Department of Parks, Heritage, and Tourism. (b) A court of competent jurisdiction may enjoin any violation of or noncompliance with the provisions of this subchapter upon petition by a resident of the State of Arkansas or by the Arkansas History Commission. (c) (1) A historical monument in existence on April 28, 2021, is considered a historical monument for the purposes of this subchapter. (2) A historical monument not currently displayed by a public entity is considered a historical monument for the purposes of this subchapter. (d) A governmental entity may request that the commission recognize a statue, memorial, gravestone plate, plaque, or historic flag display erected and dedicated after April 28, 2021, as a historical monument by an application process established by the rules of the commission. (e) The commission shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to: (1) Establish a process for the application for a waiver; (2) Create a process for the approval of a temporary waiver on an emergency basis; (3) Establish guidelines regarding what will be designated as a historical monument; (4) Create an application process for registering historical monuments erected after April 28, 2021; (5) Establish guidelines for the disposition of historical monuments if a waiver is granted to remove a historical monument; and (6) Otherwise effectuate the purposes of this subchapter.

Legislative History

Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.