- (a) The purpose of this section is to establish rules and procedures for review and approval of various capital improvement projects.
(b) Request for review procedures. The following procedures shall be followed by all persons, boards, committees, organizations, or state agencies to obtain a review of a proposed capital improvement project:
(1)
- (A) Requests can be submitted at any time and all requests shall be made on standard forms provided by the Secretary of State.
- (B) After the Secretary of State has determined that the project lies within the Capitol Arts and Grounds Commission’s jurisdiction, the Secretary of State shall schedule and hold a meeting of the Capitol Arts and Grounds Commission.
- (C) Successful applications shall be forwarded to a subcommittee of the Capitol Arts and Grounds Commission appointed by the Secretary of State;
(2) Predesign conference rules and procedures for proposed projects in the State Capitol Complex.
- (A) No additional memorials and/or monuments shall be placed on historic State Capitol grounds except as provided for in the historic State Capitol grounds definition.
- (B)
- (i) The Capitol Arts and Grounds Commission shall be consulted concerning:
- (a) (a) Potential sites available on the State Capitol Complex; and
(b) (b) Maximum dimensions allowed for each site.
(ii) A grounds monument location map in the Capitol Master Plan defines potential locations and maximum dimensions.
(C)
- (i) Potential construction materials must be compatible with the design, historic importance, and building materials of the State Capitol Building.
- (ii) Whenever possible, State Capitol grounds monuments shall be constructed of materials such as granite, limestone, bronze, copper, and/or steel.
(D)
- (i) A preliminary proposal shall be submitted to the Capitol Arts and Grounds Commission subcommittee for review.
- (ii) This preliminary proposal will include:
- (a) (a) Preliminary design intentions; and
(b) (b) Administrative arrangements to oversee the construction project’s financing.
(E)
(i) The Capitol Arts and Grounds Commission shall recommend preliminary site approval.
- (ii) This approval must be granted for an applicant to proceed.
- (iii) A final design proposal shall be submitted to the Capitol Arts and Grounds Commission by the applicant after the predesign conference or conferences;
(3) After full review and recommendation of the final design proposal, the party making the request shall submit information to the full membership of the Capitol Arts and Grounds Commission, which includes but is not limited to:
- (A) Architectural and landscaping plans, including elevations, site plans, and floor plans as appropriate, for the project;
- (B) Sufficient information to demonstrate compliance with applicable construction standards for development;
- (C) Sufficient information to demonstrate compliance with the Capitol Master Plan;
- (D) Sufficient information to allow a courtesy review by the Capitol Zoning District Commission;
- (E) Sufficient information to demonstrate that the proposed project fulfills a need or demand of the citizens of Arkansas;
- (F) Appropriate funding plan for the timely completion and proper maintenance of the proposed project; and
(G) Sufficient information that knowledgeable persons qualified in the field of architecture and preservation/maintenance shall be consulted by the applicant to:
- (i) Determine structural soundness and durability; and
- (ii) Ensure that the commemorative work meets high professional standards; and
(4) The Capitol Arts and Grounds Commission subcommittee will notify the applicant of submission to the full commission.
- (c) Proposal review procedure.
- (1) Each proposal that is submitted and found to be within the jurisdiction of the Capitol Arts and Grounds Commission will be examined at the next meeting of the Capitol Arts and Grounds Commission.
(2) Upon receipt of a capital improvement project proposal that meets the minimum requirements, the Capitol Arts and Grounds Commission shall:
- (A) Meet and review the proposal and consider all evidence presented by the proposing applicant;
- (B) Ask the requesting applicant to provide additional information if the Capitol Arts and Grounds Commission believes that more information relating to the project is required; and
(C)
- (i) Hold a public meeting for the purpose of obtaining the views of the public on the proposed project.
- (ii)
- (a) (a) Notices of meeting shall be mailed to interested persons at least ten (10) days in advance of the meeting.
(b) (b) Notice shall also be published in:
- (1) (1) Newspapers of general daily circulation; and
(2) (2) When appropriate, various trade, industry, and professional publications.
- (iii) The hearing shall:
- (a) (a) Be conducted using Robert’s Rules of Order; and
(b) (b) Afford all interested parties the opportunity to speak.
- (3) Any proposal receiving a positive recommendation by the Capitol Arts and Grounds Commission shall be submitted to the Secretary of State, additional review and recommendation of the proposal to the General Assembly for legislative action.
(4) Any proposal receiving a negative recommendation by the Capitol Arts and Grounds Commission shall be submitted to the Secretary of State with an explanation of why the request was not deemed appropriate.
- (d) Proposal approval procedure.
(1) The Capitol Arts and Grounds Commission shall consider the following criteria in arriving at decisions on capital improvement projects:
(A) Member report.
- (i) The Capitol Arts and Grounds Commission subcommittee members shall prepare a report for each capital improvement project proposal.
- (ii) A majority vote of the full Capitol Arts and Grounds Commission shall be necessary for adoption of any action by the Capitol Arts and Grounds Commission;
- (B) Compliance with Capitol Master Plan. The proposed project must comply with this part and the intent of the Capitol Master Plan;
(C) Public position.
- (i) Any person may present a position or opinion at the public hearing.
- (ii) The Capitol Arts and Grounds Commission members shall assess the sentiment of the public or any person presenting an opinion or position in making a decision;
- (D) Need or demand. The proposed action must be necessary or beneficial in creating positive change that fulfills a need or demand present within the State Capitol grounds;
- (E) Legal considerations. The proposed action must be compatible with existing laws and standard codes;
(F) General Assembly.
- (i) The proposed capital improvement project must be submitted to and approved by the General Assembly before it is adopted.
- (ii) The project will be introduced at the next General Assembly following approval by the Capitol Arts and Grounds Commission; and
- (G) Construction of approved projects shall be coordinated and monitored by the office of the Secretary of State.
(2)
- (A) The approval of the project proposal is valid for one (1) year from the adoption by the General Assembly.
- (B) The capital improvement project shall be completed within one (1) year from the date of the beginning of the construction.
- (C) Failure to complete the application proposal procedure within one (1) year would require a reapplication with the Capitol Arts and Grounds Commission.
- (D) The Capitol Arts and Grounds Commission’s decision of the recommended proposal shall be made available for public viewing.