Bill shifts Arkansas history panel's authority to single leader

The authority of the state's history agency would be transferred from a seven-member board to a single person under the draft of a bill that had not been publicly released by Wednesday, the eve of its consideration by lawmakers.

The proposal will be included in the special legislative session that starts today. The session's main focus is highway funding, but a wide range of other issues will be considered as well. Gov. Asa Hutchinson has placed 14 items on the agenda for the session, which is limited by law to urgent matters that cannot wait for the regular session in January 2017. Lawmakers expect to be finished by Monday.

The Arkansas History Commission was created by the General Assembly in 1905 to be the official archives of the state. The agency is responsible for collecting and preserving the source materials of the history of Arkansas, according to its website.

The so-called efficiency bill, which is 89 pages long, would move the Arkansas History Commission from the Department of Parks and Tourism to the Department of Arkansas Heritage. The History Commission has been part of the Parks and Tourism Department since 1971.

The commission would be known as the Arkansas History Division of the Department of Arkansas Heritage under the draft bill, which will be likely considered in House and Senate State Agencies and Governmental Affairs committee meetings today.

"There's been no transparency in any of this," said Tom Dillard, the former head of Special Collections at the University of Arkansas Libraries, the former head of the Heritage Department and the person who laid the groundwork for the online Encyclopedia of Arkansas History & Culture. He writes a history column for the Arkansas Democrat-Gazette. His wife, Mary Dillard, is chairman of the seven-member board that oversees the commission.

"What's the motivation for it? The History Commission, their entire state budget, is less than $2 million," Dillard said. "That's barely one-third of Coach [Bret] Bielema's salary at Fayetteville."

He called the move a "bureaucratic power grab." He said drafts of the bill have circulated among archivists in the state, and they are generally opposed to the move.

Dillard provided a copy of the bill, which he said he received from a "friendly lawmaker," to the newspaper.

When asked how the bill would promote efficiency in government, J.R. Davis, a spokesman for the governor, said the match-up would help the commission display the history it has amassed. The commission has existed for more than 100 years.

"I think first and foremost, the governor is a fan and advocate for history," Davis said. "It made sense to put history and heritage together. Right now, it's difficult for the public to access our history archives. Heritage is the perfect place to help promote and display those historical references."

Dillard said he's most concerned by a provision in the bill that calls for a "type 2" transfer.

According to state statute 25-2-105, that 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."

In this case, Department of Arkansas Heritage Director Stacy Hurst would be the director of the principal department.

Hurst is a former member of the Little Rock Board of Directors who lost a state House race to Democrat Clarke Tucker in November. She and her husband, Howard Hurst, own and operate the Tipton & Hurst floral chain.

Melissa Whitfield, spokesman for the department, said, "We have not been involved in drafting or been made aware of specific legislation," in response to an inquiry under the Freedom of Information Act seeking any drafts of the legislation.

"Yes, we are aware that legislation is to be introduced. No, we do not have a copy of it," she said in a follow-up email. "You will need to contact the Governor's Office for any further comment on this matter."

House Speaker Jeremy Gillam, R-Judsonia, who is sponsoring the bill, also referred questions about the transfer to the governor's office.

Asked who came up with the legislation, Davis said: "This has been a conversation that's been ongoing for awhile, so I honestly couldn't tell you."

Davis said the "type 2" transfer was used because past efficiency bills were structured similarly.

Mary Dillard said under the proposed transfer, the commission's board members could only meet at the call of the agency director. Because "type 2" transfers move power to the "head of the principal department," she said she didn't know why commission members would be asked to meet.

Mary Dillard said she believed the transfer may have stemmed from a disagreement about where to move the headquarters.

"I think one of the ways it started was Stacy was real interested in having the History Commission move into the old Balch building," she said. "We felt -- especially the two retired archivists on our commission -- felt there wasn't enough space."

The Balch building, located at 1000 LaHarpe Blvd., is a former Oldsmobile dealership and was the temporary home of the Clinton Library's archives. The Department of Heritage bought the building in 2005. The History Commission is housed in the Multi-Agency Complex building on the state Capitol grounds.

The draft legislation notes that the Department of Arkansas Heritage and the Building Authority division of the Department of Finance and Administration shall determine the facility needs of the Arkansas History Division.

"Since Governor Hutchinson expressed a desire to transfer the Arkansas History Commission from the Department of Parks & Tourism to the Department of Arkansas Heritage, we have held discussions of how that might work administratively and if a physical move would be called for," Whitfield, the heritage spokesman, said.

"If and when it happens, we will work with the staff and the commission together on our common mission of preserving and protecting Arkansas heritage."

Mary Dillard said the commissioners should continue to be entrusted with history of the state. She noted they receive mileage reimbursements, but no compensation.

"Stacy Hurst is a very smart woman, but you need people who know what's needed in making those decisions. You could call on experts -- but we've got those experts," Mary Dillard said.

"The state spends millions on consulting fees, but they get lots of really good advice for free and they want to just wipe that away without any discussion or involvement of the people who are impacted."

The History Commission organizes and maintains the state and local history of Arkansas by collecting manuscript materials, census records, military records, family histories and various county, state and federal records.

The commission serves more than 14,000 patrons each year, its website says. The commission has a $1.9 million budget in fiscal 2016.

The Department of Arkansas Heritage was created in 1975 to preserve and promote Arkansas' heritage. It has a $35.1 million budget in fiscal 2016.

It oversees the Delta Cultural Center in Helena-West Helena, as well as the Historic Arkansas Museum, the Mosaic Templars Cultural Center and the Old State House Museum in Little Rock. It also coordinates the Arkansas Arts Council, the Arkansas Natural Heritage Commission and the Arkansas Historic Preservation Program.

The department sparked controversy when it decided to remove "Black Lives Matter" T-shirts from the gift shop of the Mosaic Templars Cultural Center. It reversed its decision in March.

The Arkansas Parks and Tourism Department was created in 1971 as part of a reorganization of state government agencies. It manages 52 state parks and promotes the state as a tourist destination for people across the nation. It has a $134.2 million budget in fiscal 2016.

A Section on 05/19/2016