Capitol zoning measure advances

Abolish panel, have heritage agency do job, LR senator says

The Capitol Zoning District Commission would be abolished and its powers, duties, property and funds transferred to the Department of Arkansas Heritage under a proposal that advanced Wednesday through the Legislature's Joint Budget Committee's Special Language Subcommittee.




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In a voice vote, the divided subcommittee added the amendment, proposed by Sen. Jeremy Hutchinson, R-Little Rock, to House Bill 1049, the Heritage Department's appropriation for fiscal 2017.

The approval came despite state Budget Administrator Duncan Baird's admonition that the proposal is "substantive language" requiring a two-thirds vote of the House and Senate to be considered in the current fiscal session. Baird said the proposal would be more appropriately considered in a special or regular legislative session.

"I respectfully disagree," Hutchinson told Baird.

Hutchinson said placing the commission's responsibilities under the Heritage Department would save an estimated $100,000 in the fiscal year starting July 1.

Jake Bleed, a spokesman for the Department of Finance and Administration, said the commission is budgeted $236,878 in the current fiscal year, and its proposed funding for fiscal 2017 is $237,002.

After the subcommittee's meeting, Hutchinson said the commission's three employees could apply for positions at the department, and department director Stacy Hurst could ask for permission to create two positions to carry out the commission's duties and decide who to hire for the jobs.

The Capitol Zoning District was created in 1975 by the Legislature to oversee buildings in the neighborhoods around the state Capitol and the Governor's Mansion. A nine-member commission reviews building exterior changes and land use within the district, according to the commission.

Hutchinson told the subcommittee he's heard complaints from a lot of people who live in the Capitol Zoning District and "are frustrated beyond belief" about the commission's rulings. He didn't give examples.

Sen. Joyce Elliott, D-Little Rock, asked why the proposal didn't come from lawmakers who represent the area in the Capitol Zoning District.

"I would be happy to take my name off and put your name on," Hutchinson said.

He said he initially proposed that the Little Rock Planning Commission take over the Capitol Zoning District Commission's responsibilities and "they don't want that."

But Elliott said, "There are far more people who don't have issues than those who do."

She agreed with Baird that the amendment is substantive language.

"I really wonder what is so absolutely urgent that we can't wait until the regular session and do this in the regular session, so that everybody gets a fair shot at stating their piece and we are also giving our ownselves a fair shot of understanding all sides of this before we vote on something," she said. "I am going to vote no, but I feel bad about voting no because I think in so many ways I don't know what I am talking about here because I don't have all the information from all sides."

Rep. Mark Lowery, R-Maumelle, said, "Rural Arkansas gets very frustrated about paying for a lot of things that would not even be considered being paid for in their communities."

But Sen. Bruce Maloch, D-Magnolia, said the state Capitol "belongs to the state of Arkansas and so all of us as senators and representatives are interested in the area surrounding that."

"We are changing state law that governs this and I feel wholly inadequate to vote for this today, with so little information."

Afterward, Gov. Asa Hutchinson's spokesman, J.R. Davis, said, "The governor does not think that the fiscal session is the place for Capitol Zoning to be addressed."

Gov. Hutchinson is the senator's uncle. Asked if the governor would veto the amendment if it clears the Legislature, Davis said, "The governor will wait until the legislative process has played out."

A Section on 04/28/2016

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