Efficiency bill snags in Senate

Questions about History Commission transfer halt progress

Questions about a so-called efficiency bill stalled action on the legislation at a Senate committee meeting Thursday.

A draft of the bill from earlier in the week was 89 pages long. The final version measure was 105 pages and would transfer the Arkansas History Commission to the Department of Arkansas Heritage, and eliminate various legislative panels. The title of the bill says its purpose is "amending the membership, tenure, and duties of certain agencies, task forces, committees, and commissions."



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But during a Senate Agencies and Governmental Affairs Committee meeting, Sen. Joyce Elliott, D-Little Rock, said she didn't know what the additional 16 pages did and she asked why people affected by the bill were unaware of its existence until Thursday morning.

"My concern, truly, is process -- that there's no emergency that justified having to do this during the special session," Elliott said.

That's part of the reason Senate Bill 10 did not receive a vote in the Senate committee Thursday. A House version of the bill passed a House committee.

House Speaker Jeremy Gillam, R-Judsonia, who is sponsoring the measure, said he expected SB10 to get out of the Senate committee today. However, at that committee meeting earlier, Sen. Terry Rice, R-Waldron, who is sponsoring SB10, said he planned to reintroduce components of the bill -- perhaps in smaller sections -- during the regular session in 2017.

He spoke after Tom Dillard, a well-known historian and former head of the Arkansas Heritage Department, told lawmakers he did not support moving the Arkansas History Commission to the department under the provisions of the bill; Elliott and Sen. Linda Chesterfield, D-Little Rock, raised concerns about the transparency of the measure; and Sen. Jon Woods, R-Springdale, found a possible error in the legislation.

"My problem is that the History Commission is essentially being emasculated and then transferred to the Heritage Department," Dillard said.

Dillard writes a history column for the Arkansas Democrat-Gazette. His wife, Mary Dillard, is chairman of the seven-member board that oversees the commission.

After the meeting, Arkansas Heritage Director Stacy Hurst said in an interview that becoming part of the department would help the commission share its archival material with the public.

"The governor's desire was to elevate the profile, the accessibility and visibility of the History Commission, and I think the Department of Arkansas Heritage is a better place to do that," she said. "Right now, it's housed in Parks and Tourism, which is a very large department that has a very different focus. History aligns well with the other agencies and museums that we have."

Hurst said she would support moving the commission to a difference facility.

"Currently, they reside in the basement of the Big Mac," she said, using the nickname of the Multi-Agency Complex near the Capitol.

"It's tough to find and it's tough to park. I do think it would benefit the History Commission to find a new location that can accommodate their archives, a resource room, better parking and visibility."

That's been a sticking point between Hurst and the commission. Mary Dillard said Hurst has wanted to move the commission to the Balch building at 1000 LaHarpe Blvd., the former temporary home of the Clinton Library's archives, which the commission doesn't believe has enough space.

The bill gives Hurst the power to decide where the commission is located.

Lawmakers questioned consolidating the power of the Arkansas History Commission with the director of the Department of Arkansas Heritage under the "type 2" transfer.

According to state statute 25-2-105, a "type 2" transfer means the commission's "prescribed powers, duties, and functions, including rule making, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications are transferred to the head of the principal department."

A "type 1" transfer, in contrast, allows commissioners to keep those powers.

When asked why the governor's office decided on a "type 2" transfer, Gov. Asa Hutchinson said at a news conference: "That's what we have historically done and that's all I can say to that."

Hurst said she would need to study the transfer types more before saying whether or not she supported a "type 1" transfer.

The Arkansas History Commission has "very important Arkansas historical resources that need to be accessible by the public," she said. "I hope it does come back up and I hope we can find a way to come together."

A Section on 05/20/2016

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