Is the visiting of graves of deceased relatives as outlined in the proposed amemdment a "recreational purpose" as defined in Section One of House Bill 123? This opinion does not state the subject matter of these bills, but includes some good case law definitions of the word "recreation" a

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK : (501) 371-2007 ATTORNEY GENERAL OPINION NO. 85~60 February 25, 1985 The Honorable Jerry E. Hinshaw Arkansas House of Representatives Route 4, Box 444-4 Springfield, Arkansas 72764 Dear Representative Hinshaw: This formal opinion is' written in response to the following question: Ts the "visiting of graves of their deceased relatives" as outlined in the proposed amendment a "recreational purpose" as defined in Section 1 of House Bill 123? The visiting of graves of deceased relatives does not come within the purview of "recreational purposes." "Reoreation" in its popular sense is of very com- prehensive signification and includes in its general meaning games, sports and plays. McKinney “vw. Board of Zoning Adjustment of Kansas City, Mo. App., 308 S8.W.2a 320, 325. "Recreation". denotes refreshment of body or mind after toil, which may come from any pleasant and diverting exercise or employment. Comptroller of ‘Treasury v. M, E. Rockhill, tIne., 107 A.2d 93, 96, 205 Md. 226. "Recreational" ‘is a term not necessarily identical in meaning with "amusement" though the two terms are synonymous when related to passing of time in pleasant or agreeable conditions. In re City of ‘Enidg, 158 P.2d 348, 352, 195 Okl. 365, 159 Air. 358. "Recreational purpose" is used to denote purposes that are pleasurable and for the enjoyment of the individual. The visiting of a grave is a somber occasion that does not fall within the definitions of "recreational purpose.” The foregoing opinion, which T hereby approve, was prepared by Chief Deputy Attorney General Rodney Parham. Singerely, /\ wc Quel STEVE ICLARK Attorney General SC/RP/1im