Ark. Code Ann. § 22-2-114 — AR Code / Title 22 / Chapter 2 / Section 22-2-114
Leasing responsibilities
Status: in_force

(a) It is the intent of the General Assembly that state agencies be housed, whenever possible, in public buildings as soon as space and facilities in public buildings are available and that the acquisition and granting of leasehold interests in land be regulated and supervised by the Building Authority Division. The division and all other state agencies are authorized and directed to implement that intent as follows: (1) (A) The division is given the authority and responsibility to act as the leasing agent for all state agencies and component parts thereof, acting either as lessor or lessee, and to act as the agent for leasing space in all public buildings located in the State of Arkansas. (B) In addition, the division is given the authority and responsibility to act as the leasing agent for any nonagency state entity if requested in writing by a nonagency state entity to act in that manner and if the responsibility for the services is accepted in writing by the division. (C) (i) After July 1, 1975, no state agency shall enter into or renew or otherwise negotiate a lease between itself as lessor or lessee and a nongovernmental or other government lessor or lessee. (ii) The division shall determine the needs of the state agency, locate appropriate rental space, and act as the agent for the state agency in negotiating the lease for the rental space; (2) All state agencies and component parts thereof, when requested by the division, shall execute and enter into leases with the division for the leasing or renting of space and facilities in any public buildings. The leases may be upon such conditions, for such terms, for such rentals, and may contain such other provisions that the Department of Transformation and Shared Services and the state agency involved determine to be appropriate and in the best interests of all concerned; (3) Any state agency or component part thereof needing new or additional space shall notify the division, and the division shall prepare a lease for the space based upon the standards and criteria as adopted by the Secretary of the Department of Transformation and Shared Services. If space is available in a public building, the lease will be negotiated for placement in the public building; (4) If the Real Estate Services Section determines that adequate space is not available in public buildings, the Real Estate Services Section shall act as provided in subdivision (a)(1) of this section to obtain adequate space from a privately owned facility; (5) (A) (i) The secretary shall adopt standards and criteria for the leasing and utilization of space and the allocation of space to state agencies. (ii) These standards and criteria shall be used as a basis for all planning, leasing of space, allocation of space to state agencies, or advising state agencies on leasing considerations. (iii) These standards and criteria shall include, but not be limited to, equipment, work stations, private offices, conference rooms, reception areas, general equipment, vaults, and the necessary space to ensure adequate and effective circulation within and access to all state agencies, including parking and traffic patterns. (B) In cities and towns having a population of less than twenty-five thousand (25,000) according to the last federal decennial census, for those state agencies providing direct public access services, preference shall be granted to lease space located in existing buildings in the central business district, as defined by the locality's planning commission, or, in the absence thereof, by the municipality's governing body, except in cases where location within the central business district would impair or restrict the intent of the services being provided to the public or the state's proximity to other state or nongovernmental services or where rental rates justify other locations; (6) Leases as to office space, buildings, structures, parking lots, and grounds from private individuals, firms, and corporations by state agencies and component parts thereof shall be on a standard lease form approved by the secretary. The standard lease form shall contain all terms and conditions deemed necessary based on the type and purpose of the leased property. The secretary also shall adopt a standard lease form to be used by state agencies when subleasing from the division. Both standard lease forms shall be approved as to the legality of form and content by the Attorney General before becoming a requirement; and (7) The division shall obtain and maintain files of all leases in existence from and after July 1, 1975, to which a state agency or component part thereof is a party. (b) All leases referred to in this section and all covenants and agreements contained therein shall be binding in all respects upon the parties thereto and their successors, and all the provisions thereof shall be enforceable by mandamus and other remedies provided by law. (c) This section shall not apply to the State Highway Commission, the Arkansas Department of Transportation, or the Arkansas State Game and Fish Commission. (d) If acting as the leasing agency for a state agency as a lessee in a private building, the division shall consult the Arkansas Buildings & Sites Database maintained by the Arkansas Economic Development Commission to determine if there is a property available for lease that meets the practical and financial needs and specifications of the state agency. Amended by Act 2019, No. 910,§ 6175, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6174, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6173, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6172, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6171, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 58, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 58, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 32, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 32, eff. 7/1/2015. Amended by Act 2015, No. 879,§ 1, eff. 7/22/2015. Acts 1975, No. 716, § 8; 1979, No. 411, § 1; A.S.A. 1947, § 5-1025; Acts 1999, No. 859, § 1; 2001, No. 238, § 1.

(a) It is the intent of the General Assembly that state agencies be housed, whenever possible, in public buildings as soon as space and facilities in public buildings are available and that the acquisition and granting of leasehold interests in land be regulated and supervised by the Building Authority Division. The division and all other state agencies are authorized and directed to implement that intent as follows: (1) (A) The division is given the authority and responsibility to act as the leasing agent for all state agencies and component parts thereof, acting either as lessor or lessee, and to act as the agent for leasing space in all public buildings located in the State of Arkansas. (B) In addition, the division is given the authority and responsibility to act as the leasing agent for any nonagency state entity if requested in writing by a nonagency state entity to act in that manner and if the responsibility for the services is accepted in writing by the division. (C) (i) After July 1, 1975, no state agency shall enter into or renew or otherwise negotiate a lease between itself as lessor or lessee and a nongovernmental or other government lessor or lessee. (ii) The division shall determine the needs of the state agency, locate appropriate rental space, and act as the agent for the state agency in negotiating the lease for the rental space; (2) All state agencies and component parts thereof, when requested by the division, shall execute and enter into leases with the division for the leasing or renting of space and facilities in any public buildings. The leases may be upon such conditions, for such terms, for such rentals, and may contain such other provisions that the Department of Transformation and Shared Services and the state agency involved determine to be appropriate and in the best interests of all concerned; (3) Any state agency or component part thereof needing new or additional space shall notify the division, and the division shall prepare a lease for the space based upon the standards and criteria as adopted by the Secretary of the Department of Transformation and Shared Services. If space is available in a public building, the lease will be negotiated for placement in the public building; (4) If the Real Estate Services Section determines that adequate space is not available in public buildings, the Real Estate Services Section shall act as provided in subdivision (a)(1) of this section to obtain adequate space from a privately owned facility; (5) (A) (i) The secretary shall adopt standards and criteria for the leasing and utilization of space and the allocation of space to state agencies. (ii) These standards and criteria shall be used as a basis for all planning, leasing of space, allocation of space to state agencies, or advising state agencies on leasing considerations. (iii) These standards and criteria shall include, but not be limited to, equipment, work stations, private offices, conference rooms, reception areas, general equipment, vaults, and the necessary space to ensure adequate and effective circulation within and access to all state agencies, including parking and traffic patterns. (B) In cities and towns having a population of less than twenty-five thousand (25,000) according to the last federal decennial census, for those state agencies providing direct public access services, preference shall be granted to lease space located in existing buildings in the central business district, as defined by the locality's planning commission, or, in the absence thereof, by the municipality's governing body, except in cases where location within the central business district would impair or restrict the intent of the services being provided to the public or the state's proximity to other state or nongovernmental services or where rental rates justify other locations; (6) Leases as to office space, buildings, structures, parking lots, and grounds from private individuals, firms, and corporations by state agencies and component parts thereof shall be on a standard lease form approved by the secretary. The standard lease form shall contain all terms and conditions deemed necessary based on the type and purpose of the leased property. The secretary also shall adopt a standard lease form to be used by state agencies when subleasing from the division. Both standard lease forms shall be approved as to the legality of form and content by the Attorney General before becoming a requirement; and (7) The division shall obtain and maintain files of all leases in existence from and after July 1, 1975, to which a state agency or component part thereof is a party.

(1) (A) The division is given the authority and responsibility to act as the leasing agent for all state agencies and component parts thereof, acting either as lessor or lessee, and to act as the agent for leasing space in all public buildings located in the State of Arkansas. (B) In addition, the division is given the authority and responsibility to act as the leasing agent for any nonagency state entity if requested in writing by a nonagency state entity to act in that manner and if the responsibility for the services is accepted in writing by the division. (C) (i) After July 1, 1975, no state agency shall enter into or renew or otherwise negotiate a lease between itself as lessor or lessee and a nongovernmental or other government lessor or lessee. (ii) The division shall determine the needs of the state agency, locate appropriate rental space, and act as the agent for the state agency in negotiating the lease for the rental space;

(A) The division is given the authority and responsibility to act as the leasing agent for all state agencies and component parts thereof, acting either as lessor or lessee, and to act as the agent for leasing space in all public buildings located in the State of Arkansas.

(B) In addition, the division is given the authority and responsibility to act as the leasing agent for any nonagency state entity if requested in writing by a nonagency state entity to act in that manner and if the responsibility for the services is accepted in writing by the division.

(C) (i) After July 1, 1975, no state agency shall enter into or renew or otherwise negotiate a lease between itself as lessor or lessee and a nongovernmental or other government lessor or lessee. (ii) The division shall determine the needs of the state agency, locate appropriate rental space, and act as the agent for the state agency in negotiating the lease for the rental space;

(i) After July 1, 1975, no state agency shall enter into or renew or otherwise negotiate a lease between itself as lessor or lessee and a nongovernmental or other government lessor or lessee.

(ii) The division shall determine the needs of the state agency, locate appropriate rental space, and act as the agent for the state agency in negotiating the lease for the rental space;

(2) All state agencies and component parts thereof, when requested by the division, shall execute and enter into leases with the division for the leasing or renting of space and facilities in any public buildings. The leases may be upon such conditions, for such terms, for such rentals, and may contain such other provisions that the Department of Transformation and Shared Services and the state agency involved determine to be appropriate and in the best interests of all concerned;

(3) Any state agency or component part thereof needing new or additional space shall notify the division, and the division shall prepare a lease for the space based upon the standards and criteria as adopted by the Secretary of the Department of Transformation and Shared Services. If space is available in a public building, the lease will be negotiated for placement in the public building;

(4) If the Real Estate Services Section determines that adequate space is not available in public buildings, the Real Estate Services Section shall act as provided in subdivision (a)(1) of this section to obtain adequate space from a privately owned facility;

(5) (A) (i) The secretary shall adopt standards and criteria for the leasing and utilization of space and the allocation of space to state agencies. (ii) These standards and criteria shall be used as a basis for all planning, leasing of space, allocation of space to state agencies, or advising state agencies on leasing considerations. (iii) These standards and criteria shall include, but not be limited to, equipment, work stations, private offices, conference rooms, reception areas, general equipment, vaults, and the necessary space to ensure adequate and effective circulation within and access to all state agencies, including parking and traffic patterns. (B) In cities and towns having a population of less than twenty-five thousand (25,000) according to the last federal decennial census, for those state agencies providing direct public access services, preference shall be granted to lease space located in existing buildings in the central business district, as defined by the locality's planning commission, or, in the absence thereof, by the municipality's governing body, except in cases where location within the central business district would impair or restrict the intent of the services being provided to the public or the state's proximity to other state or nongovernmental services or where rental rates justify other locations;

(A) (i) The secretary shall adopt standards and criteria for the leasing and utilization of space and the allocation of space to state agencies. (ii) These standards and criteria shall be used as a basis for all planning, leasing of space, allocation of space to state agencies, or advising state agencies on leasing considerations. (iii) These standards and criteria shall include, but not be limited to, equipment, work stations, private offices, conference rooms, reception areas, general equipment, vaults, and the necessary space to ensure adequate and effective circulation within and access to all state agencies, including parking and traffic patterns.

(i) The secretary shall adopt standards and criteria for the leasing and utilization of space and the allocation of space to state agencies.

(ii) These standards and criteria shall be used as a basis for all planning, leasing of space, allocation of space to state agencies, or advising state agencies on leasing considerations.

(iii) These standards and criteria shall include, but not be limited to, equipment, work stations, private offices, conference rooms, reception areas, general equipment, vaults, and the necessary space to ensure adequate and effective circulation within and access to all state agencies, including parking and traffic patterns.

(B) In cities and towns having a population of less than twenty-five thousand (25,000) according to the last federal decennial census, for those state agencies providing direct public access services, preference shall be granted to lease space located in existing buildings in the central business district, as defined by the locality's planning commission, or, in the absence thereof, by the municipality's governing body, except in cases where location within the central business district would impair or restrict the intent of the services being provided to the public or the state's proximity to other state or nongovernmental services or where rental rates justify other locations;

(6) Leases as to office space, buildings, structures, parking lots, and grounds from private individuals, firms, and corporations by state agencies and component parts thereof shall be on a standard lease form approved by the secretary. The standard lease form shall contain all terms and conditions deemed necessary based on the type and purpose of the leased property. The secretary also shall adopt a standard lease form to be used by state agencies when subleasing from the division. Both standard lease forms shall be approved as to the legality of form and content by the Attorney General before becoming a requirement; and

(7) The division shall obtain and maintain files of all leases in existence from and after July 1, 1975, to which a state agency or component part thereof is a party.

(b) All leases referred to in this section and all covenants and agreements contained therein shall be binding in all respects upon the parties thereto and their successors, and all the provisions thereof shall be enforceable by mandamus and other remedies provided by law.

(c) This section shall not apply to the State Highway Commission, the Arkansas Department of Transportation, or the Arkansas State Game and Fish Commission.

(d) If acting as the leasing agency for a state agency as a lessee in a private building, the division shall consult the Arkansas Buildings & Sites Database maintained by the Arkansas Economic Development Commission to determine if there is a property available for lease that meets the practical and financial needs and specifications of the state agency.

Amended by Act 2019, No. 910,§ 6175, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6174, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6173, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6172, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6171, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 58, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 58, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 32, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 32, eff. 7/1/2015.

Amended by Act 2015, No. 879,§ 1, eff. 7/22/2015.

Acts 1975, No. 716, § 8; 1979, No. 411, § 1; A.S.A. 1947, § 5-1025; Acts 1999, No. 859, § 1; 2001, No. 238, § 1.
Ark. Code Ann. § 22-6-106 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-106
Issuance of deed on proof of payment
Status: in_force

The Commissioner of State Lands is authorized and empowered to execute, under his or her hand and official seal, a deed to purchasers from the state of any seminary, saline, internal improvement, real estate bank, or state bank lands, upon the filing in his or her office of the receipts of the Treasurer of State, showing that the purchase money for the lands, together with the fee for the deed, has been fully paid to the Treasurer of State as required by law. Acts 1885, No. 10, § 1, p. 10; C. & M. Dig., § 6589; Pope's Dig., § 8620; A.S.A. 1947, § 10-523.

The Commissioner of State Lands is authorized and empowered to execute, under his or her hand and official seal, a deed to purchasers from the state of any seminary, saline, internal improvement, real estate bank, or state bank lands, upon the filing in his or her office of the receipts of the Treasurer of State, showing that the purchase money for the lands, together with the fee for the deed, has been fully paid to the Treasurer of State as required by law.

Acts 1885, No. 10, § 1, p. 10; C. & M. Dig., § 6589; Pope's Dig., § 8620; A.S.A. 1947, § 10-523.
Ark. Code Ann. § 22-3-1503 — AR Code / Title 22 / Chapter 3 / Subchapter 15 / Section 22-3-1503
Parking rules
Status: in_force

The Building Authority Division shall develop parking rules which will maintain equitable parking among the state agency tenants in the area described in § 22-3-1501 and for the public and may establish reasonable rental or other charges for parking therein. The State Capitol Police shall provide the necessary traffic patrols and policing of the parking facility. Amended by Act 2019, No. 315,§ 2361, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6219, eff. 7/1/2019. Acts 1999, No. 1339, § 3.

The Building Authority Division shall develop parking rules which will maintain equitable parking among the state agency tenants in the area described in § 22-3-1501 and for the public and may establish reasonable rental or other charges for parking therein. The State Capitol Police shall provide the necessary traffic patrols and policing of the parking facility.

Amended by Act 2019, No. 315,§ 2361, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6219, eff. 7/1/2019.

Acts 1999, No. 1339, § 3.
Ark. Code Ann. § 22-3-1307 — AR Code / Title 22 / Chapter 3 / Subchapter 13 / Section 22-3-1307
Selection of location - Provision of utilities, space, and services
Status: in_force

(a) The state agency administrators shall cooperate with the licensing agency in the selection of a suitable location for vending facilities and shall provide proper space, plumbing, lighting, and electrical outlets for the vending facility in the original planning and construction or in the alteration and renovation of present state property. (b) The state agency administrators shall provide necessary utilities, janitorial service, and garbage disposal for the operation of the vending facility. (c) Space for all vending facilities and their operational utility cost shall be provided rent-free by the state agency. Acts 1969, No. 201, § 8; A.S.A. 1947, § 80-2580.

(a) The state agency administrators shall cooperate with the licensing agency in the selection of a suitable location for vending facilities and shall provide proper space, plumbing, lighting, and electrical outlets for the vending facility in the original planning and construction or in the alteration and renovation of present state property.

(b) The state agency administrators shall provide necessary utilities, janitorial service, and garbage disposal for the operation of the vending facility.

(c) Space for all vending facilities and their operational utility cost shall be provided rent-free by the state agency.

Acts 1969, No. 201, § 8; A.S.A. 1947, § 80-2580.
Ark. Code Ann. § 22-2-121 — AR Code / Title 22 / Chapter 2 / Section 22-2-121
Real estate notification
Status: in_force

The Building Authority Division shall notify the Commissioner of State Lands of the Governor's approval of a state agency's request to purchase or sell property under § 22-6-601 . Amended by Act 2019, No. 884,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6182, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 78, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 38, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 38, eff. 7/1/2015. Acts 2001, No. 325, § 1; 2003, No. 364, § 13.

The Building Authority Division shall notify the Commissioner of State Lands of the Governor's approval of a state agency's request to purchase or sell property under § 22-6-601 .

Amended by Act 2019, No. 884,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6182, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 78, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 38, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 38, eff. 7/1/2015.

Acts 2001, No. 325, § 1; 2003, No. 364, § 13.
Ark. Code Ann. § 22-3-914 — AR Code / Title 22 / Chapter 3 / Subchapter 9 / Section 22-3-914
Refunding bonds - Issuance
Status: in_force

(a) The Arkansas Development Finance Authority may issue bonds under this subchapter for the purpose of refunding any obligation of the authority issued under this subchapter at a rate or rates of interest not exceeding the maximum rate otherwise authorized under this subchapter. The authority may authorize and deliver a single issue of bonds under this subchapter in part for the purpose of refunding such obligations and in part for the purpose of constructing extensions, additions, or improvements to the Arkansas Justice Building. (b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. (c) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds. (d) The authority may provide that any refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.

(a) The Arkansas Development Finance Authority may issue bonds under this subchapter for the purpose of refunding any obligation of the authority issued under this subchapter at a rate or rates of interest not exceeding the maximum rate otherwise authorized under this subchapter. The authority may authorize and deliver a single issue of bonds under this subchapter in part for the purpose of refunding such obligations and in part for the purpose of constructing extensions, additions, or improvements to the Arkansas Justice Building.

(b) (1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. (2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.

(1) When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.

(2) If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.

(c) All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.

(d) The authority may provide that any refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.
Ark. Code Ann. § 22-3-1218 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1218
Disposition of revenues from prison labor
Status: in_force

(a) (1) Prior to the issuance of certificates of indebtedness as authorized by this subchapter, all moneys collected by the Board of Corrections from the sale or disposition of articles and products manufactured or produced by prison labor shall be forthwith deposited with the Treasurer of State, to be there kept and maintained as a special revolving account designated as the "Division of Correction Prison Industries Fund" as authorized by law. The moneys so collected and deposited shall be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of the Arkansas Correctional Industries program within the Division of Correction as well as for the payment of the necessary personnel in charge thereof and to otherwise defray the necessary expenses incident thereto, all of which shall be under the direction and subject to the approval of the board. (2) The Division of Correction Prison Industries Fund shall never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this subchapter. (3) When, in the opinion of the board, the Division of Correction Prison Industries Fund has reached a sum in excess of the requirements of this subchapter, the excess shall be transferred, upon certification to the Chief Fiscal Officer of the State by the board, to the Division of Correction Inmate Care and Custody Fund Account. (b) (1) Commencing on the first day of the month next succeeding the issuance of any certificates of indebtedness as authorized by this subchapter, the moneys described in this section shall be pledged revenues, as stated in § 22-3-1210 , and shall be deposited into the Public Facilities Debt Service Fund as established in § 22-3-1210 . (2) Any surplus prison industries moneys in the Public Facilities Debt Service Fund, as defined in the authorizing resolution, shall be transferred into the Division of Correction Prison Industries Fund upon certification by the Building Authority Division to the Chief Fiscal Officer of the State, to the Treasurer of State, and to the Auditor of State. The moneys are to be used for the maintenance, operation, and improvement of the prison industries programs of the Division of Correction, as provided by law. (3) Such moneys deposited into the Division of Correction Prison Industries Fund as the Division of Correction shall determine not to be necessary in defraying the expenses of operating the industries programs of the Division of Correction, upon certification thereof by the board to the Chief Fiscal Officer of the State, shall be transferred by the Chief Fiscal Officer of the State from the Division of Correction Prison Industries Fund to the Division of Correction Inmate Care and Custody Fund Account within the State General Government Fund to be used to supplement general revenues provided for the maintenance, operation, and improvement of the Division of Correction, as provided by law. Amended by Act 2019, No. 910,§ 1014, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 73, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 73, eff. 5/23/2016. Acts 1983, No. 458, § 12; A.S.A. 1947, § 13-2612.

(a) (1) Prior to the issuance of certificates of indebtedness as authorized by this subchapter, all moneys collected by the Board of Corrections from the sale or disposition of articles and products manufactured or produced by prison labor shall be forthwith deposited with the Treasurer of State, to be there kept and maintained as a special revolving account designated as the "Division of Correction Prison Industries Fund" as authorized by law. The moneys so collected and deposited shall be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of the Arkansas Correctional Industries program within the Division of Correction as well as for the payment of the necessary personnel in charge thereof and to otherwise defray the necessary expenses incident thereto, all of which shall be under the direction and subject to the approval of the board. (2) The Division of Correction Prison Industries Fund shall never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this subchapter. (3) When, in the opinion of the board, the Division of Correction Prison Industries Fund has reached a sum in excess of the requirements of this subchapter, the excess shall be transferred, upon certification to the Chief Fiscal Officer of the State by the board, to the Division of Correction Inmate Care and Custody Fund Account.

(1) Prior to the issuance of certificates of indebtedness as authorized by this subchapter, all moneys collected by the Board of Corrections from the sale or disposition of articles and products manufactured or produced by prison labor shall be forthwith deposited with the Treasurer of State, to be there kept and maintained as a special revolving account designated as the "Division of Correction Prison Industries Fund" as authorized by law. The moneys so collected and deposited shall be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of the Arkansas Correctional Industries program within the Division of Correction as well as for the payment of the necessary personnel in charge thereof and to otherwise defray the necessary expenses incident thereto, all of which shall be under the direction and subject to the approval of the board.

(2) The Division of Correction Prison Industries Fund shall never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this subchapter.

(3) When, in the opinion of the board, the Division of Correction Prison Industries Fund has reached a sum in excess of the requirements of this subchapter, the excess shall be transferred, upon certification to the Chief Fiscal Officer of the State by the board, to the Division of Correction Inmate Care and Custody Fund Account.

(b) (1) Commencing on the first day of the month next succeeding the issuance of any certificates of indebtedness as authorized by this subchapter, the moneys described in this section shall be pledged revenues, as stated in § 22-3-1210 , and shall be deposited into the Public Facilities Debt Service Fund as established in § 22-3-1210 . (2) Any surplus prison industries moneys in the Public Facilities Debt Service Fund, as defined in the authorizing resolution, shall be transferred into the Division of Correction Prison Industries Fund upon certification by the Building Authority Division to the Chief Fiscal Officer of the State, to the Treasurer of State, and to the Auditor of State. The moneys are to be used for the maintenance, operation, and improvement of the prison industries programs of the Division of Correction, as provided by law. (3) Such moneys deposited into the Division of Correction Prison Industries Fund as the Division of Correction shall determine not to be necessary in defraying the expenses of operating the industries programs of the Division of Correction, upon certification thereof by the board to the Chief Fiscal Officer of the State, shall be transferred by the Chief Fiscal Officer of the State from the Division of Correction Prison Industries Fund to the Division of Correction Inmate Care and Custody Fund Account within the State General Government Fund to be used to supplement general revenues provided for the maintenance, operation, and improvement of the Division of Correction, as provided by law.

(1) Commencing on the first day of the month next succeeding the issuance of any certificates of indebtedness as authorized by this subchapter, the moneys described in this section shall be pledged revenues, as stated in § 22-3-1210 , and shall be deposited into the Public Facilities Debt Service Fund as established in § 22-3-1210 .

(2) Any surplus prison industries moneys in the Public Facilities Debt Service Fund, as defined in the authorizing resolution, shall be transferred into the Division of Correction Prison Industries Fund upon certification by the Building Authority Division to the Chief Fiscal Officer of the State, to the Treasurer of State, and to the Auditor of State. The moneys are to be used for the maintenance, operation, and improvement of the prison industries programs of the Division of Correction, as provided by law.

(3) Such moneys deposited into the Division of Correction Prison Industries Fund as the Division of Correction shall determine not to be necessary in defraying the expenses of operating the industries programs of the Division of Correction, upon certification thereof by the board to the Chief Fiscal Officer of the State, shall be transferred by the Chief Fiscal Officer of the State from the Division of Correction Prison Industries Fund to the Division of Correction Inmate Care and Custody Fund Account within the State General Government Fund to be used to supplement general revenues provided for the maintenance, operation, and improvement of the Division of Correction, as provided by law.

Amended by Act 2019, No. 910,§ 1014, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 73, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 73, eff. 5/23/2016.

Acts 1983, No. 458, § 12; A.S.A. 1947, § 13-2612.
Ark. Code Ann. § 22-3-402 — AR Code / Title 22 / Chapter 3 / Subchapter 4 / Section 22-3-402
Definition
Status: in_force

As used in this subchapter, the term "State Capitol grounds" means all property owned by the State of Arkansas within the Capitol Zoning District as defined in § 22-3-302 . Acts 1983, No. 721, § 2; A.S.A. 1947, § 5-250.

As used in this subchapter, the term "State Capitol grounds" means all property owned by the State of Arkansas within the Capitol Zoning District as defined in § 22-3-302 .

Acts 1983, No. 721, § 2; A.S.A. 1947, § 5-250.
Ark. Code Ann. § 22-3-1219 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1219
Employment of architects and other professionals - Notice for bids for construction
Status: in_force

(a) The Building Authority Division is authorized to employ architects to prepare plans, specifications, and estimates of costs for the construction of any and all facilities authorized by the provisions of this subchapter and to supervise and inspect the construction. (b) After the division has approved the plans and specifications prepared by the architect, the division shall proceed to advertise for bids and contract for the construction of facilities in accordance with applicable laws governing the construction of public buildings. (c) The division is authorized to engage and pay such professional, technical, and other help as the division determines to be necessary or desirable in assisting the division to carry out effectively the authorities, functions, powers, and duties conferred and imposed upon the division by this subchapter. Amended by Act 2019, No. 910,§ 6207, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 74, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 74, eff. 5/23/2016. Acts 1983, No. 458, § 16; A.S.A. 1947, § 13-2616.

(a) The Building Authority Division is authorized to employ architects to prepare plans, specifications, and estimates of costs for the construction of any and all facilities authorized by the provisions of this subchapter and to supervise and inspect the construction.

(b) After the division has approved the plans and specifications prepared by the architect, the division shall proceed to advertise for bids and contract for the construction of facilities in accordance with applicable laws governing the construction of public buildings.

(c) The division is authorized to engage and pay such professional, technical, and other help as the division determines to be necessary or desirable in assisting the division to carry out effectively the authorities, functions, powers, and duties conferred and imposed upon the division by this subchapter.

Amended by Act 2019, No. 910,§ 6207, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 74, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 74, eff. 5/23/2016.

Acts 1983, No. 458, § 16; A.S.A. 1947, § 13-2616.
Ark. Code Ann. § 22-5-407 — AR Code / Title 22 / Chapter 5 / Subchapter 4 / Section 22-5-407
Sixteenth section school lands
Status: in_force

(a) Any person claiming to be the owner of land in this state known as sixteenth section school land, whose claim is based on a regular, unbroken chain of title for a period of not less than twelve (12) years, and to whose claim there has not been an adverse claimant for a period of not less than twelve (12) years, and the owner and those from whom he or she derived title have been in actual possession and have paid taxes thereon for a period of not less than twelve (12) years, and who is in actual possession at the time application is made to the state for a deed thereto, shall have all title, legal and equitable, that the State of Arkansas may have or appear to have in any such lands vested in the owner or parties and their grantees. (b) The Commissioner of State Lands, upon proper proof being made to him or her, is directed to execute a deed conveying to the parties all the right, title, and interest that the state may have in the lands. Acts 1905, No. 183, § 1, p. 472; 1911, No. 10, § 1; C. & M. Dig., §§ 9140, 9141; Acts 1921, No. 661, § 1; Pope's Dig., §§ 11768, 11769; Acts 1963, No. 525, § 1; 1971, No. 446, § 1; A.S.A. 1947, § 10-208.

(a) Any person claiming to be the owner of land in this state known as sixteenth section school land, whose claim is based on a regular, unbroken chain of title for a period of not less than twelve (12) years, and to whose claim there has not been an adverse claimant for a period of not less than twelve (12) years, and the owner and those from whom he or she derived title have been in actual possession and have paid taxes thereon for a period of not less than twelve (12) years, and who is in actual possession at the time application is made to the state for a deed thereto, shall have all title, legal and equitable, that the State of Arkansas may have or appear to have in any such lands vested in the owner or parties and their grantees.

(b) The Commissioner of State Lands, upon proper proof being made to him or her, is directed to execute a deed conveying to the parties all the right, title, and interest that the state may have in the lands.

Acts 1905, No. 183, § 1, p. 472; 1911, No. 10, § 1; C. & M. Dig., §§ 9140, 9141; Acts 1921, No. 661, § 1; Pope's Dig., §§ 11768, 11769; Acts 1963, No. 525, § 1; 1971, No. 446, § 1; A.S.A. 1947, § 10-208.
Ark. Code Ann. § 22-3-1102 — AR Code / Title 22 / Chapter 3 / Subchapter 11 / Section 22-3-1102
Eminent domain
Status: in_force

(a) From and after the passage and approval of this section, the Building Authority Division may acquire by eminent domain any real property, including the improvements and fixtures on the property that it may deem necessary to provide a permanent site and show facilities for a state fair and livestock show and for aid to the livestock industry. (b) The division, upon adoption of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for public use, may exercise the power of eminent domain: (1) In the manner provided by §§ 18-15-1202 - 18-15-1207 for taking private property for rights-of-way for railroads; (2) In the manner provided by §§ 18-15-301 - 18-15-307 ; or (3) Pursuant to any other applicable statutory provision for the exercise of the power of eminent domain. Amended by Act 2019, No. 910,§ 6196, eff. 7/1/2019. Acts 1947, No. 253, §§ 1, 2; A.S.A. 1947, §§ 78-1602, 78-1603; Acts 2005, No. 125, § 4.

(a) From and after the passage and approval of this section, the Building Authority Division may acquire by eminent domain any real property, including the improvements and fixtures on the property that it may deem necessary to provide a permanent site and show facilities for a state fair and livestock show and for aid to the livestock industry.

(b) The division, upon adoption of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for public use, may exercise the power of eminent domain: (1) In the manner provided by §§ 18-15-1202 - 18-15-1207 for taking private property for rights-of-way for railroads; (2) In the manner provided by §§ 18-15-301 - 18-15-307 ; or (3) Pursuant to any other applicable statutory provision for the exercise of the power of eminent domain.

(1) In the manner provided by §§ 18-15-1202 - 18-15-1207 for taking private property for rights-of-way for railroads;

(2) In the manner provided by §§ 18-15-301 - 18-15-307 ; or

(3) Pursuant to any other applicable statutory provision for the exercise of the power of eminent domain.

Amended by Act 2019, No. 910,§ 6196, eff. 7/1/2019.

Acts 1947, No. 253, §§ 1, 2; A.S.A. 1947, §§ 78-1602, 78-1603; Acts 2005, No. 125, § 4.
Ark. Code Ann. § 22-8-103 — AR Code / Title 22 / Chapter 8 / Subchapter 1 / Section 22-8-103
Penalty for noncompliance with sections 22-8-101 and 22-8-102
Status: in_force

Any department head or employee of the State of Arkansas failing or refusing to carry out the provisions of §§ 22-8-101 and 22-8-102 shall be deemed guilty of a Class B misdemeanor and upon conviction shall be punished in the manner provided by law. Acts 1977, No. 455, § 4; A.S.A. 1947, § 14-527.

Any department head or employee of the State of Arkansas failing or refusing to carry out the provisions of §§ 22-8-101 and 22-8-102 shall be deemed guilty of a Class B misdemeanor and upon conviction shall be punished in the manner provided by law.

Acts 1977, No. 455, § 4; A.S.A. 1947, § 14-527.
Ark. Code Ann. § 22-9-807 — AR Code / Title 22 / Chapter 9 / Subchapter 8 / Section 22-9-807
Exceptions - Special circumstances
Status: in_force

(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. (b) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning: (1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or (2) Employees on the project who are not members of or affiliated with a collective bargaining organization. Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.

(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.

(b) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning: (1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or (2) Employees on the project who are not members of or affiliated with a collective bargaining organization.

(1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or

(2) Employees on the project who are not members of or affiliated with a collective bargaining organization.

Added by Act 2015, No. 600,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 22-3-211 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-211
Power of custodian to make arrests
Status: in_force

The custodian of any public building or grounds and his or her assistants and deputies are authorized and empowered to arrest any person whom they may see violating § 22-3-210(a) and to take that person, when arrested, before any court of competent jurisdiction to be dealt with according to law. Acts 1919, No. 323, § 3; C. & M. Dig., § 9185; Pope's Dig., § 11871; A.S.A. 1947, § 5-213.

The custodian of any public building or grounds and his or her assistants and deputies are authorized and empowered to arrest any person whom they may see violating § 22-3-210(a) and to take that person, when arrested, before any court of competent jurisdiction to be dealt with according to law.

Acts 1919, No. 323, § 3; C. & M. Dig., § 9185; Pope's Dig., § 11871; A.S.A. 1947, § 5-213.
Ark. Code Ann. § 22-8-210 — AR Code / Title 22 / Chapter 8 / Subchapter 2 / Section 22-8-210
Motor vehicle renovation
Status: in_force

(a) Funds deposited into the Motor Vehicle Acquisition Revolving Fund created by § 19-5-1002(a) and § 22-8-206(b) , which may be made available for the purchase of motor vehicles for the Division of Arkansas State Police, may in addition be made available and used for expenses associated with the renovation of state police motor vehicles. (b) If the Director of the Division of Arkansas State Police determines the cost associated with renovating or repairing state police motor vehicles is economically beneficial, he or she shall contract with a qualified vendor and, when invoiced, shall submit said invoice to the Chief Fiscal Officer of the State, who shall direct payment from moneys set aside in the fund for the division. Amended by Act 2019, No. 910,§ 6025, eff. 7/1/2019. Acts 1993, No. 108, § 1.

(a) Funds deposited into the Motor Vehicle Acquisition Revolving Fund created by § 19-5-1002(a) and § 22-8-206(b) , which may be made available for the purchase of motor vehicles for the Division of Arkansas State Police, may in addition be made available and used for expenses associated with the renovation of state police motor vehicles.

(b) If the Director of the Division of Arkansas State Police determines the cost associated with renovating or repairing state police motor vehicles is economically beneficial, he or she shall contract with a qualified vendor and, when invoiced, shall submit said invoice to the Chief Fiscal Officer of the State, who shall direct payment from moneys set aside in the fund for the division.

Amended by Act 2019, No. 910,§ 6025, eff. 7/1/2019.

Acts 1993, No. 108, § 1.
Ark. Code Ann. § 22-5-307 — AR Code / Title 22 / Chapter 5 / Subchapter 3 / Section 22-5-307
Classification and disposition of state lands generally
Status: in_force

(a) State lands shall be classified as to whether they should be retained in public ownership or returned to private ownership through sale or donation, and the classification may be changed. (b) (1) The Commissioner of State Lands shall dispose of the lands and make deeds to the lands in accordance with the classification under subsection (a) of this section. (2) With the approval of the Governor and review by the General Assembly or the Legislative Council, lands classified as suitable for return to private ownership may be sold under subsection (e) of this section to private parties by the Commissioner of State Lands. (c) The Commissioner of State Lands may direct that land shall be retained and administered by certain appropriate state or local agencies or shall be disposed of and deeded in such manner that the state shall be eligible for any benefits under any act of the United States Congress. (d) Where lands are disposed of by return to private ownership, the deeds shall contain such restrictive covenants or restraints on alienation as the Commissioner of State Lands may deem necessary to ensure the protection and use of the land in a manner beneficial to the public. All coal, oil, gas, and mineral rights shall be reserved to the state except in the case of tax-forfeited lands. However, the original owner or his or her heirs shall be allowed to redeem or acquire these lands in accordance with the provisions of this subchapter without the oil, gas, and mineral rights being restricted or reserved. (e) (1) Where land is classified as land which should be returned to private ownership by sale, the Commissioner of State Lands shall offer the land for sale to the highest bidder, but only if his or her bid is at least equal to the appraised value. (2) Land shall not be sold for less than its appraised value, except that, pending appraisal, the Commissioner of State Lands is authorized to continue sales of state lands as provided for in §§ 26-37-101 - 26-37-105 , 26-37-201 - 26-37-205 , and 26-37-301 - 26-37-303 . (f) Land shall not be donated by the Commissioner of State Lands until it has been classified as appropriate for donation by the Commissioner of State Lands. (g) If, at the end of three (3) years after appraisal by the Commissioner of State Lands, lands classified as land which should be returned to private ownership by sale shall remain unsold on the books of the Commissioner of State Lands, the unsold lands shall be reappraised by the Commissioner of State Lands. (h) Tax-delinquent lands are not subject to the terms and restrictions of this section and may be disposed of as required by law. Amended by Act 2019, No. 972,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 884,§ 7, eff. 7/24/2019. Amended by Act 2013, No. 1463,§ 2, eff. 8/16/2013. Acts 1939, No. 331, § 5; A.S.A. 1947, § 10-412.

(a) State lands shall be classified as to whether they should be retained in public ownership or returned to private ownership through sale or donation, and the classification may be changed.

(b) (1) The Commissioner of State Lands shall dispose of the lands and make deeds to the lands in accordance with the classification under subsection (a) of this section. (2) With the approval of the Governor and review by the General Assembly or the Legislative Council, lands classified as suitable for return to private ownership may be sold under subsection (e) of this section to private parties by the Commissioner of State Lands.

(1) The Commissioner of State Lands shall dispose of the lands and make deeds to the lands in accordance with the classification under subsection (a) of this section.

(2) With the approval of the Governor and review by the General Assembly or the Legislative Council, lands classified as suitable for return to private ownership may be sold under subsection (e) of this section to private parties by the Commissioner of State Lands.

(c) The Commissioner of State Lands may direct that land shall be retained and administered by certain appropriate state or local agencies or shall be disposed of and deeded in such manner that the state shall be eligible for any benefits under any act of the United States Congress.

(d) Where lands are disposed of by return to private ownership, the deeds shall contain such restrictive covenants or restraints on alienation as the Commissioner of State Lands may deem necessary to ensure the protection and use of the land in a manner beneficial to the public. All coal, oil, gas, and mineral rights shall be reserved to the state except in the case of tax-forfeited lands. However, the original owner or his or her heirs shall be allowed to redeem or acquire these lands in accordance with the provisions of this subchapter without the oil, gas, and mineral rights being restricted or reserved.

(e) (1) Where land is classified as land which should be returned to private ownership by sale, the Commissioner of State Lands shall offer the land for sale to the highest bidder, but only if his or her bid is at least equal to the appraised value. (2) Land shall not be sold for less than its appraised value, except that, pending appraisal, the Commissioner of State Lands is authorized to continue sales of state lands as provided for in §§ 26-37-101 - 26-37-105 , 26-37-201 - 26-37-205 , and 26-37-301 - 26-37-303 .

(1) Where land is classified as land which should be returned to private ownership by sale, the Commissioner of State Lands shall offer the land for sale to the highest bidder, but only if his or her bid is at least equal to the appraised value.

(2) Land shall not be sold for less than its appraised value, except that, pending appraisal, the Commissioner of State Lands is authorized to continue sales of state lands as provided for in §§ 26-37-101 - 26-37-105 , 26-37-201 - 26-37-205 , and 26-37-301 - 26-37-303 .

(f) Land shall not be donated by the Commissioner of State Lands until it has been classified as appropriate for donation by the Commissioner of State Lands.

(g) If, at the end of three (3) years after appraisal by the Commissioner of State Lands, lands classified as land which should be returned to private ownership by sale shall remain unsold on the books of the Commissioner of State Lands, the unsold lands shall be reappraised by the Commissioner of State Lands.

(h) Tax-delinquent lands are not subject to the terms and restrictions of this section and may be disposed of as required by law.

Amended by Act 2019, No. 972,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 884,§ 7, eff. 7/24/2019.

Amended by Act 2013, No. 1463,§ 2, eff. 8/16/2013.

Acts 1939, No. 331, § 5; A.S.A. 1947, § 10-412.
Ark. Code Ann. § 22-7-202 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-202
National forests generally
Status: in_force

(a) The consent of the State of Arkansas is given to the acquisition by the United States, by purchase, by exchange, or otherwise with adequate compensation, of such land in Arkansas as, in the opinion of the United States Government, may be needed for the establishment, consolidation, and extension of national forests in the state for the purpose of the Weeks Law. (b) No owner of land which the United States proposes to acquire under the provisions of this section shall be required to sell by institution of proceedings for condemnation, except for such tracts as are needed for access, rights-of-way, those having a peculiar recreational or scenic value, and other such uses in the public interest. (c) Power is conferred upon the United States Congress to pass laws and to make, or provide for the making of, such rules and regulations of both a civil and criminal nature, and provide punishment for the violation thereof as, in its judgment, may be necessary for the administration, control, and protection of any lands acquired under the provisions of this section. Acts 1917, No. 148, §§ 1, 2, p. 797; C. & M. Dig., §§ 4566, 4567; Acts 1927, No. 108, §§ 1, 2; Pope's Dig., §§ 5646, 5647; Acts 1963, No. 204, § 1; 1967, No. 657, § 1; A.S.A. 1947, §§ 10-1105, 10-1106.

(a) The consent of the State of Arkansas is given to the acquisition by the United States, by purchase, by exchange, or otherwise with adequate compensation, of such land in Arkansas as, in the opinion of the United States Government, may be needed for the establishment, consolidation, and extension of national forests in the state for the purpose of the Weeks Law.

(b) No owner of land which the United States proposes to acquire under the provisions of this section shall be required to sell by institution of proceedings for condemnation, except for such tracts as are needed for access, rights-of-way, those having a peculiar recreational or scenic value, and other such uses in the public interest.

(c) Power is conferred upon the United States Congress to pass laws and to make, or provide for the making of, such rules and regulations of both a civil and criminal nature, and provide punishment for the violation thereof as, in its judgment, may be necessary for the administration, control, and protection of any lands acquired under the provisions of this section.

Acts 1917, No. 148, §§ 1, 2, p. 797; C. & M. Dig., §§ 4566, 4567; Acts 1927, No. 108, §§ 1, 2; Pope's Dig., §§ 5646, 5647; Acts 1963, No. 204, § 1; 1967, No. 657, § 1; A.S.A. 1947, §§ 10-1105, 10-1106.
Ark. Code Ann. § 22-6-603 — AR Code / Title 22 / Chapter 6 / Subchapter 6 / Section 22-6-603
Donation of lands for highway uses
Status: in_force

(a) The respective boards charged with the management or control of the charitable, penal, or correctional institutions and institutions of higher education of the State of Arkansas and other agencies of the state are authorized and empowered to donate, without compensation to the public, rights-of-way over or along lands under the control of the boards or agencies to counties, municipalities, road districts, or other public agencies for use as public highways, roads, or streets, when, in the discretion of the respective governing bodies of the state institutions and agencies, it may be deemed necessary or proper. (b) The donations may be upon such terms, restrictions, or conditions as the boards or agencies may impose, and the boards and agencies are empowered to execute deeds or conveyances for the rights-of-way. Acts 1931, No. 199, § 1; Pope's Dig., § 8746; Acts 1945, No. 232, § 1; A.S.A. 1947, § 7-107.

(a) The respective boards charged with the management or control of the charitable, penal, or correctional institutions and institutions of higher education of the State of Arkansas and other agencies of the state are authorized and empowered to donate, without compensation to the public, rights-of-way over or along lands under the control of the boards or agencies to counties, municipalities, road districts, or other public agencies for use as public highways, roads, or streets, when, in the discretion of the respective governing bodies of the state institutions and agencies, it may be deemed necessary or proper.

(b) The donations may be upon such terms, restrictions, or conditions as the boards or agencies may impose, and the boards and agencies are empowered to execute deeds or conveyances for the rights-of-way.

Acts 1931, No. 199, § 1; Pope's Dig., § 8746; Acts 1945, No. 232, § 1; A.S.A. 1947, § 7-107.
Ark. Code Ann. § 22-3-1404 — AR Code / Title 22 / Chapter 3 / Subchapter 14 / Section 22-3-1404
Powers
Status: in_force

In addition to the purposes, powers, and authority set forth elsewhere in this subchapter or in other laws, the Building Authority Division may: (1) Acquire, construct, and equip buildings or by purchase, exchange, barter, gift, long-term lease, or other means, buildings and facilities to house state agencies; (2) Exercise the power of eminent domain within Pulaski County only for the purpose of acquiring buildings and facilities and to otherwise carry out the purposes and intent of this subchapter, with such power to be exercised in the manner provided in § 22-2-109 ; (3) Provide for the housing of state agencies in the buildings and facilities so acquired or constructed to the extent that space and facilities are available for such purpose, under such terms and conditions, and for such rentals and charges, as the division determines; (4) Acquire, construct, or cause to be constructed parking facilities, storage facilities, warehouses, garages, and other ancillary and related facilities to serve the facility; (5) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any property, real, personal, or mixed, and convert such property into money or other property; (6) Contract and be contracted with; (7) Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, state, governmental body, political subdivision, public or private organization or corporation of any nature, or any individual; and (8) Take such other actions not inconsistent with law as may be necessary or desirable to carry out the powers, purposes, and authority as set forth in this section in accordance with the policies promulgated by the Secretary of the Department of Transformation and Shared Services. Amended by Act 2019, No. 910,§ 6211, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6210, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 77, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 77, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 48, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 48, eff. 7/1/2015. Acts 1991, No. 1173, § 3; 1999, No. 1182, § 3.

In addition to the purposes, powers, and authority set forth elsewhere in this subchapter or in other laws, the Building Authority Division may:

(1) Acquire, construct, and equip buildings or by purchase, exchange, barter, gift, long-term lease, or other means, buildings and facilities to house state agencies;

(2) Exercise the power of eminent domain within Pulaski County only for the purpose of acquiring buildings and facilities and to otherwise carry out the purposes and intent of this subchapter, with such power to be exercised in the manner provided in § 22-2-109 ;

(3) Provide for the housing of state agencies in the buildings and facilities so acquired or constructed to the extent that space and facilities are available for such purpose, under such terms and conditions, and for such rentals and charges, as the division determines;

(4) Acquire, construct, or cause to be constructed parking facilities, storage facilities, warehouses, garages, and other ancillary and related facilities to serve the facility;

(5) Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any property, real, personal, or mixed, and convert such property into money or other property;

(6) Contract and be contracted with;

(7) Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, state, governmental body, political subdivision, public or private organization or corporation of any nature, or any individual; and

(8) Take such other actions not inconsistent with law as may be necessary or desirable to carry out the powers, purposes, and authority as set forth in this section in accordance with the policies promulgated by the Secretary of the Department of Transformation and Shared Services.

Amended by Act 2019, No. 910,§ 6211, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6210, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 77, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 77, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 48, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 48, eff. 7/1/2015.

Acts 1991, No. 1173, § 3; 1999, No. 1182, § 3.
Ark. Code Ann. § 22-7-204 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-204
National forests - Sale of tax-forfeited lands to United States Forest Service
Status: in_force

(a) Upon application of any duly authorized person of the United States Forest Service to purchase tax-forfeited lands lying within or contiguous to any national forest for the purpose of adding the lands to the national forest, the Commissioner of State Lands shall set aside and withhold the lands from sale for such time as may be necessary for the United States Government to perfect its title in and to the lands. (b) The act of the Commissioner of State Lands to set aside the land shall vest title in the United States to the extent that title in the lands can be perfected. (c) Immediately upon the perfection and approval of the title in the lands, the purchaser shall comply with the provisions of §§ 26-37-101 - 26-37-105 , 26-37-201 - 26-37-205 , and 26-37-301 - 26-37-303 , and, thereupon, the Commissioner of State Lands shall issue his or her deed conveying to the purchaser all the rights, title, and interest of the State of Arkansas in and to the lands. Acts 1935, No. 88, §§ 1, 2; Pope's Dig., §§ 8722, 8723; A.S.A. 1947, §§ 10-1108, 10-1109.

(a) Upon application of any duly authorized person of the United States Forest Service to purchase tax-forfeited lands lying within or contiguous to any national forest for the purpose of adding the lands to the national forest, the Commissioner of State Lands shall set aside and withhold the lands from sale for such time as may be necessary for the United States Government to perfect its title in and to the lands.

(b) The act of the Commissioner of State Lands to set aside the land shall vest title in the United States to the extent that title in the lands can be perfected.

(c) Immediately upon the perfection and approval of the title in the lands, the purchaser shall comply with the provisions of §§ 26-37-101 - 26-37-105 , 26-37-201 - 26-37-205 , and 26-37-301 - 26-37-303 , and, thereupon, the Commissioner of State Lands shall issue his or her deed conveying to the purchaser all the rights, title, and interest of the State of Arkansas in and to the lands.

Acts 1935, No. 88, §§ 1, 2; Pope's Dig., §§ 8722, 8723; A.S.A. 1947, §§ 10-1108, 10-1109.
Ark. Code Ann. § 22-3-1801 — AR Code / Title 22 / Chapter 3 / Subchapter 18 / Section 22-3-1801
Title
Status: in_force

This subchapter shall be known and may be referred to as the "Arkansas Energy and Natural Resource Conservation Act". Acts 2005, No. 1770, § 1.

This subchapter shall be known and may be referred to as the "Arkansas Energy and Natural Resource Conservation Act".

Acts 2005, No. 1770, § 1.
Ark. Code Ann. § 22-3-2103 — AR Code / Title 22 / Chapter 3 / Subchapter 21 / Section 22-3-2103
Preservation of State Capitol
Status: in_force

(a) The State Capitol shall not be vandalized, damaged, destroyed, or otherwise disturbed. (b) Subsection (a) of this section does not prohibit a governmental entity having responsibility for maintaining the State Capitol from taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the State Capitol. (c) Subsection (a) of this section does not prohibit a public utility from performing work on the State Capitol if the public utility: (1) Exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the State Capitol; and (2) Coordinates the work with the Secretary of State or the Capitol Arts and Grounds Commission. Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.

(a) The State Capitol shall not be vandalized, damaged, destroyed, or otherwise disturbed.

(b) Subsection (a) of this section does not prohibit a governmental entity having responsibility for maintaining the State Capitol from taking proper and appropriate measures, and exercising proper and appropriate means, for the protection, preservation, care, repair, or restoration of the State Capitol.

(c) Subsection (a) of this section does not prohibit a public utility from performing work on the State Capitol if the public utility: (1) Exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the State Capitol; and (2) Coordinates the work with the Secretary of State or the Capitol Arts and Grounds Commission.

(1) Exercises proper and appropriate means for the protection, preservation, care, repair, or restoration of the State Capitol; and

(2) Coordinates the work with the Secretary of State or the Capitol Arts and Grounds Commission.

Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.
Ark. Code Ann. § 22-3-1702 — AR Code / Title 22 / Chapter 3 / Subchapter 17 / Section 22-3-1702
Authorization
Status: in_force

The Secretary of State is authorized to assist and coordinate with the Arkansas Fallen Firefighters' Memorial Board in the construction of a monument on the grounds of the State Capitol honoring: (1) Arkansans and other firefighters killed in Arkansas while acting in their capacity as firefighters; and (2) Any Arkansas firefighter killed outside the State of Arkansas while serving in the capacity of a firefighter. Acts 2001, No. 504, § 2.

The Secretary of State is authorized to assist and coordinate with the Arkansas Fallen Firefighters' Memorial Board in the construction of a monument on the grounds of the State Capitol honoring:

(1) Arkansans and other firefighters killed in Arkansas while acting in their capacity as firefighters; and

(2) Any Arkansas firefighter killed outside the State of Arkansas while serving in the capacity of a firefighter.

Acts 2001, No. 504, § 2.
Ark. Code Ann. § 22-3-915 — AR Code / Title 22 / Chapter 3 / Subchapter 9 / Section 22-3-915
Investment by Arkansas retirement systems
Status: in_force

The board of trustees of any retirement system created by the General Assembly may, in its discretion, invest its funds in the bonds of the Arkansas Development Finance Authority issued under the provisions of this subchapter. Acts 1955, No. 375, § 17; A.S.A. 1947, § 5-616.

The board of trustees of any retirement system created by the General Assembly may, in its discretion, invest its funds in the bonds of the Arkansas Development Finance Authority issued under the provisions of this subchapter.

Acts 1955, No. 375, § 17; A.S.A. 1947, § 5-616.
Ark. Code Ann. § 22-3-1209 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1209
Certificates of indebtedness - Pledge of revenues and restrictions generally
Status: in_force

(a) The certificates shall be the obligations of the Building Authority Division, and the nontax revenues available to the division under the provisions of § 22-3-1210 , as distinguished from any tax moneys which may be made available for the operation of the division, are pledged to secure the payment of the certificates. (b) The certificates shall contain a provision that neither the faith nor credit of the State of Arkansas nor any of its revenues are pledged to the payment of the certificates and that the debt is not the obligation of the division. Amended by Act 2019, No. 910,§ 6201, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 68, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 68, eff. 5/23/2016. Acts 1983, No. 458, § 4; A.S.A. 1947, § 13-2604.

(a) The certificates shall be the obligations of the Building Authority Division, and the nontax revenues available to the division under the provisions of § 22-3-1210 , as distinguished from any tax moneys which may be made available for the operation of the division, are pledged to secure the payment of the certificates.

(b) The certificates shall contain a provision that neither the faith nor credit of the State of Arkansas nor any of its revenues are pledged to the payment of the certificates and that the debt is not the obligation of the division.

Amended by Act 2019, No. 910,§ 6201, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 68, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 68, eff. 5/23/2016.

Acts 1983, No. 458, § 4; A.S.A. 1947, § 13-2604.
Ark. Code Ann. § 22-3-210 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-210
Trespassing upon State Capitol grounds
Status: in_force

(a) (1) It shall be unlawful for any person to ride, drive, walk, go, or enter upon the public lawns or grounds belonging to the State of Arkansas whereon is located the State Capitol Building unless the person confines himself or herself to the public driveways or walkways upon the grounds. (2) However, this section shall not apply to the custodian of any state institutions or grounds, to any of his or her assistants, deputies, or employees, nor to any grounds laid out and designated by the custodian as playgrounds or public parks. (b) Any person who violates subsection (a) of this section shall be guilty of a violation and upon conviction shall be fined not more than one hundred dollars ($100). Acts 1919, No. 323, §§ 1, 2; C. & M. Dig., §§ 9183, 9184; Pope's Dig., §§ 11869, 11870; A.S.A. 1947, §§ 5-211, 5-212; Acts 2005, No. 1994, § 143.

(a) (1) It shall be unlawful for any person to ride, drive, walk, go, or enter upon the public lawns or grounds belonging to the State of Arkansas whereon is located the State Capitol Building unless the person confines himself or herself to the public driveways or walkways upon the grounds. (2) However, this section shall not apply to the custodian of any state institutions or grounds, to any of his or her assistants, deputies, or employees, nor to any grounds laid out and designated by the custodian as playgrounds or public parks.

(1) It shall be unlawful for any person to ride, drive, walk, go, or enter upon the public lawns or grounds belonging to the State of Arkansas whereon is located the State Capitol Building unless the person confines himself or herself to the public driveways or walkways upon the grounds.

(2) However, this section shall not apply to the custodian of any state institutions or grounds, to any of his or her assistants, deputies, or employees, nor to any grounds laid out and designated by the custodian as playgrounds or public parks.

(b) Any person who violates subsection (a) of this section shall be guilty of a violation and upon conviction shall be fined not more than one hundred dollars ($100).

Acts 1919, No. 323, §§ 1, 2; C. & M. Dig., §§ 9183, 9184; Pope's Dig., §§ 11869, 11870; A.S.A. 1947, §§ 5-211, 5-212; Acts 2005, No. 1994, § 143.
Ark. Code Ann. § 22-9-602 — AR Code / Title 22 / Chapter 9 / Subchapter 6 / Section 22-9-602
When subchapter not applicable
Status: in_force

The provisions of this subchapter shall not be applicable to contracts entered into by the State Highway Commission for the construction or maintenance of public highways, roads, or streets. Acts 1977, No. 235, § 5; A.S.A. 1947, § 14-653.4.

The provisions of this subchapter shall not be applicable to contracts entered into by the State Highway Commission for the construction or maintenance of public highways, roads, or streets.

Acts 1977, No. 235, § 5; A.S.A. 1947, § 14-653.4.
Ark. Code Ann. § 22-9-505 — AR Code / Title 22 / Chapter 9 / Subchapter 5 / Section 22-9-505
Powers and duties of Treasurer of State
Status: in_force

(a) The Treasurer of State shall have the power to enter into a contract or agreement with any state or national bank having a trust department located in Arkansas for the custodial care and servicing of any securities deposited with him or her pursuant to this subchapter. (b) The services shall consist of the safekeeping of the securities and of all services required to effectuate the purposes of this subchapter. (c) The Treasurer of State shall collect all interest or income, when due, on the obligations so deposited and shall pay the interest or income, when and as collected, to the contractor who deposited the obligations. (d) If the deposit is in the form of coupon bonds, the Treasurer of State shall deliver each coupon as it matures to the contractor. Acts 1969, No. 79, §§ 2, 3; A.S.A. 1947, §§ 14-644, 14-645.

(a) The Treasurer of State shall have the power to enter into a contract or agreement with any state or national bank having a trust department located in Arkansas for the custodial care and servicing of any securities deposited with him or her pursuant to this subchapter.

(b) The services shall consist of the safekeeping of the securities and of all services required to effectuate the purposes of this subchapter.

(c) The Treasurer of State shall collect all interest or income, when due, on the obligations so deposited and shall pay the interest or income, when and as collected, to the contractor who deposited the obligations.

(d) If the deposit is in the form of coupon bonds, the Treasurer of State shall deliver each coupon as it matures to the contractor.

Acts 1969, No. 79, §§ 2, 3; A.S.A. 1947, §§ 14-644, 14-645.
Ark. Code Ann. § 22-1-201 — AR Code / Title 22 / Chapter 1 / Subchapter 2 / Section 22-1-201
Roads and parks
Status: in_force

(a) No title or right of possession to any public thoroughfare, road, highway, or public park, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy, and the right of the public or of the proper authorities of any county to open or have opened any such public thoroughfare, road, highway, park, or parts thereof shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any such public thoroughfare, road, highway, or park, or any portion thereof where adverse possession or occupancy commenced after the passage of this section. (b) Any thoroughfare, road, or highway that may be platted by any landowner and dedicated to the public as a public thoroughfare, road, or highway where the plat shows or the bill of assurance states the width of the road or highway or any park dedicated by any landowner to the public as a public park for the use and benefit of the public shall not be acquired by adverse possession or adverse occupancy of any such land so dedicated to the public, or any portion thereof, where the adverse possession or occupancy commenced after the passage of this section. Acts 1923, No. 666, §§ 1, 2; Pope's Dig., § 8958; A.S.A. 1947, §§ 37-109, 37-110.

(a) No title or right of possession to any public thoroughfare, road, highway, or public park, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy, and the right of the public or of the proper authorities of any county to open or have opened any such public thoroughfare, road, highway, park, or parts thereof shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any such public thoroughfare, road, highway, or park, or any portion thereof where adverse possession or occupancy commenced after the passage of this section.

(b) Any thoroughfare, road, or highway that may be platted by any landowner and dedicated to the public as a public thoroughfare, road, or highway where the plat shows or the bill of assurance states the width of the road or highway or any park dedicated by any landowner to the public as a public park for the use and benefit of the public shall not be acquired by adverse possession or adverse occupancy of any such land so dedicated to the public, or any portion thereof, where the adverse possession or occupancy commenced after the passage of this section.

Acts 1923, No. 666, §§ 1, 2; Pope's Dig., § 8958; A.S.A. 1947, §§ 37-109, 37-110.
Ark. Code Ann. § 22-6-501 — AR Code / Title 22 / Chapter 6 / Subchapter 5 / Section 22-6-501
Transfer to state institutions
Status: in_force

(a) (1) The Commissioner of State Lands is authorized upon application of the director of any state department or agency, the management or the board of trustees of any state institution, or the chief executive of any county, city, or school district of this state to issue to the applying governmental unit a deed for land listed on the Commissioner of State Lands' records as having been forfeited for the nonpayment of taxes. (2) The application shall include the following: (A) The proposed use of the land; (B) The proposed duration for the stated use; and (C) The division or department designated for the maintenance and operation of the property once deeded. Moreover, the Commissioner of State Lands is authorized to accept the application as submitted or recommend modifications to the application. The Commissioner of State Lands is further empowered to disallow any application determined by the Commissioner of State Lands to be contrary to the best interests of the health and general welfare of the state and its citizens. (b) (1) The deed issued by the Commissioner of State Lands to a state department or agency, state institution, city, county, or school district may contain restrictive covenants or reservations stating that should the governmental unit no longer desire to use the land for the proposed use stated in the application, said governmental unit shall submit a subsequent letter of application to the Commissioner of State Lands to request change in the use of the property, and the Commissioner of State Lands shall accept, modify, or disallow the request. (2) Moreover, should the governmental unit determine that the property can no longer be utilized, the property shall revert to the state, be held by the Commissioner of State Lands, and be treated as tax-forfeited land subject to the powers and authority of the Commissioner of State Lands. (3) Because this section applies to the disposition of tax-forfeited land, § 22-6-601 shall not apply herewith. (c) No consideration shall be required for the transfer except the fee of one dollar ($1.00) as required by law. (d) (1) All deeds granted by the Commissioner of State Lands prior to the passage of this section are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed. (2) Collection of any outstanding ad valorem property tax indebtedness shall be stayed by the Commissioner of State Lands while title to the property remains with the governmental unit. (3) Should the property revert to the state pursuant to subsection (b) of this section, the property may be sold as prescribed by the Commissioner of State Lands. (e) (1) Land donated by the Commissioner of State Lands under this section may be used for any lawful purpose or transferred pursuant to any lawful authority of the city or town. (2) Owners of property donated to a city or town under this section shall not have any right to retain any of the appraised value of the property. (f) Prior to conveyance of property, the Commissioner of State Lands may give consideration to the following issues: (1) Whether the prospective purchaser has a pattern or practice of not paying fines resulting from a citation for violation of state laws or rules or local codes and ordinances; (2) Whether the prospective purchaser has a pattern or practice of not timely paying property taxes; and (3) Whether the prospective purchaser was the prior owner of real property that was transferred to the Commissioner of State Lands as a result of tax delinquency during the preceding three (3) years. Amended by Act 2019, No. 315,§ 2369, eff. 7/24/2019. Acts 1939, No. 156, § 1; A.S.A. 1947, § 10-904; Acts 1991, No. 807, § 3; 2007, No. 1036, §§ 1, 2.

(a) (1) The Commissioner of State Lands is authorized upon application of the director of any state department or agency, the management or the board of trustees of any state institution, or the chief executive of any county, city, or school district of this state to issue to the applying governmental unit a deed for land listed on the Commissioner of State Lands' records as having been forfeited for the nonpayment of taxes. (2) The application shall include the following: (A) The proposed use of the land; (B) The proposed duration for the stated use; and (C) The division or department designated for the maintenance and operation of the property once deeded. Moreover, the Commissioner of State Lands is authorized to accept the application as submitted or recommend modifications to the application. The Commissioner of State Lands is further empowered to disallow any application determined by the Commissioner of State Lands to be contrary to the best interests of the health and general welfare of the state and its citizens.

(1) The Commissioner of State Lands is authorized upon application of the director of any state department or agency, the management or the board of trustees of any state institution, or the chief executive of any county, city, or school district of this state to issue to the applying governmental unit a deed for land listed on the Commissioner of State Lands' records as having been forfeited for the nonpayment of taxes.

(2) The application shall include the following: (A) The proposed use of the land; (B) The proposed duration for the stated use; and (C) The division or department designated for the maintenance and operation of the property once deeded. Moreover, the Commissioner of State Lands is authorized to accept the application as submitted or recommend modifications to the application. The Commissioner of State Lands is further empowered to disallow any application determined by the Commissioner of State Lands to be contrary to the best interests of the health and general welfare of the state and its citizens.

(A) The proposed use of the land;

(B) The proposed duration for the stated use; and

(C) The division or department designated for the maintenance and operation of the property once deeded. Moreover, the Commissioner of State Lands is authorized to accept the application as submitted or recommend modifications to the application. The Commissioner of State Lands is further empowered to disallow any application determined by the Commissioner of State Lands to be contrary to the best interests of the health and general welfare of the state and its citizens.

(b) (1) The deed issued by the Commissioner of State Lands to a state department or agency, state institution, city, county, or school district may contain restrictive covenants or reservations stating that should the governmental unit no longer desire to use the land for the proposed use stated in the application, said governmental unit shall submit a subsequent letter of application to the Commissioner of State Lands to request change in the use of the property, and the Commissioner of State Lands shall accept, modify, or disallow the request. (2) Moreover, should the governmental unit determine that the property can no longer be utilized, the property shall revert to the state, be held by the Commissioner of State Lands, and be treated as tax-forfeited land subject to the powers and authority of the Commissioner of State Lands. (3) Because this section applies to the disposition of tax-forfeited land, § 22-6-601 shall not apply herewith.

(1) The deed issued by the Commissioner of State Lands to a state department or agency, state institution, city, county, or school district may contain restrictive covenants or reservations stating that should the governmental unit no longer desire to use the land for the proposed use stated in the application, said governmental unit shall submit a subsequent letter of application to the Commissioner of State Lands to request change in the use of the property, and the Commissioner of State Lands shall accept, modify, or disallow the request.

(2) Moreover, should the governmental unit determine that the property can no longer be utilized, the property shall revert to the state, be held by the Commissioner of State Lands, and be treated as tax-forfeited land subject to the powers and authority of the Commissioner of State Lands.

(3) Because this section applies to the disposition of tax-forfeited land, § 22-6-601 shall not apply herewith.

(c) No consideration shall be required for the transfer except the fee of one dollar ($1.00) as required by law.

(d) (1) All deeds granted by the Commissioner of State Lands prior to the passage of this section are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed. (2) Collection of any outstanding ad valorem property tax indebtedness shall be stayed by the Commissioner of State Lands while title to the property remains with the governmental unit. (3) Should the property revert to the state pursuant to subsection (b) of this section, the property may be sold as prescribed by the Commissioner of State Lands.

(1) All deeds granted by the Commissioner of State Lands prior to the passage of this section are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed.

(2) Collection of any outstanding ad valorem property tax indebtedness shall be stayed by the Commissioner of State Lands while title to the property remains with the governmental unit.

(3) Should the property revert to the state pursuant to subsection (b) of this section, the property may be sold as prescribed by the Commissioner of State Lands.

(e) (1) Land donated by the Commissioner of State Lands under this section may be used for any lawful purpose or transferred pursuant to any lawful authority of the city or town. (2) Owners of property donated to a city or town under this section shall not have any right to retain any of the appraised value of the property.

(1) Land donated by the Commissioner of State Lands under this section may be used for any lawful purpose or transferred pursuant to any lawful authority of the city or town.

(2) Owners of property donated to a city or town under this section shall not have any right to retain any of the appraised value of the property.

(f) Prior to conveyance of property, the Commissioner of State Lands may give consideration to the following issues: (1) Whether the prospective purchaser has a pattern or practice of not paying fines resulting from a citation for violation of state laws or rules or local codes and ordinances; (2) Whether the prospective purchaser has a pattern or practice of not timely paying property taxes; and (3) Whether the prospective purchaser was the prior owner of real property that was transferred to the Commissioner of State Lands as a result of tax delinquency during the preceding three (3) years.

(1) Whether the prospective purchaser has a pattern or practice of not paying fines resulting from a citation for violation of state laws or rules or local codes and ordinances;

(2) Whether the prospective purchaser has a pattern or practice of not timely paying property taxes; and

(3) Whether the prospective purchaser was the prior owner of real property that was transferred to the Commissioner of State Lands as a result of tax delinquency during the preceding three (3) years.

Amended by Act 2019, No. 315,§ 2369, eff. 7/24/2019.

Acts 1939, No. 156, § 1; A.S.A. 1947, § 10-904; Acts 1991, No. 807, § 3; 2007, No. 1036, §§ 1, 2.
Ark. Code Ann. § 22-4-106 — AR Code / Title 22 / Chapter 4 / Subchapter 1 / Section 22-4-106
Establishing and acquiring property for state parks - Procedure generally
Status: in_force

(a) The Department of Parks, Heritage, and Tourism and the State Parks, Recreation, and Travel Commission are directed to consult with and seek the advice of the Governor, the Secretary of the Department of Finance and Administration, and the Legislative Council before establishing and acquiring properties for new state parks or before making acquisitions of real property for additions to or expansions of existing state parks which have not been specifically authorized or funded by the General Assembly. (b) The advice of the Governor, the secretary, and the Legislative Council shall be sought in writing by the department or the commission at least sixty (60) days prior to the final approval by the commission of any formal action to establish a new state park or to make acquisitions of real property for additions to or expansions of existing state parks if the action has not previously received specific legislative authorization. (c) If the Governor notifies the department or the commission in writing of his or her disapproval of any project, then the project shall not be undertaken unless specifically authorized by law at a subsequent legislative session. Amended by Act 2019, No. 910,§ 5694, eff. 7/1/2019. Acts 1977, No. 842, § 6; A.S.A. 1947, § 9-602.

(a) The Department of Parks, Heritage, and Tourism and the State Parks, Recreation, and Travel Commission are directed to consult with and seek the advice of the Governor, the Secretary of the Department of Finance and Administration, and the Legislative Council before establishing and acquiring properties for new state parks or before making acquisitions of real property for additions to or expansions of existing state parks which have not been specifically authorized or funded by the General Assembly.

(b) The advice of the Governor, the secretary, and the Legislative Council shall be sought in writing by the department or the commission at least sixty (60) days prior to the final approval by the commission of any formal action to establish a new state park or to make acquisitions of real property for additions to or expansions of existing state parks if the action has not previously received specific legislative authorization.

(c) If the Governor notifies the department or the commission in writing of his or her disapproval of any project, then the project shall not be undertaken unless specifically authorized by law at a subsequent legislative session.

Amended by Act 2019, No. 910,§ 5694, eff. 7/1/2019.

Acts 1977, No. 842, § 6; A.S.A. 1947, § 9-602.
Ark. Code Ann. § 22-6-402 — AR Code / Title 22 / Chapter 6 / Subchapter 4 / Section 22-6-402
Application - Determination - Bond - Appraisers
Status: in_force

(a) Upon the application made to the Commissioner of State Lands by any person, firm, or corporation seeking to purchase from the State of Arkansas any of the lands granted by the United States Congress to this state under the designation of "swamp and overflowed lands", on which patents or entry certificates have not been issued by the state as shown by the records in the office of the Commissioner of State Lands, it shall be the duty of the Commissioner of State Lands to determine whether the lands described in the application are wild and unimproved, which fact shall be determined by the Commissioner of State Lands upon the filing with him or her of the affidavit of the county surveyor, the county judge, and one (1) other reliable and disinterested person residing in the county in which the lands are situated, which affidavit shall accompany the application to purchase. (b) Should it be determined by the Commissioner of State Lands that the land sought to be purchased is wild and unimproved, he or she shall, upon the applicant's filing a bond with the Commissioner of State Lands with a surety to be approved by the Commissioner of State Lands that he or she will pay all costs of the appraisal as provided in this section, immediately notify the sheriff and ex officio collector of the county in which the land is situated of his or her finding and direct the sheriff and ex officio collector of the county to immediately appoint three (3) reliable and disinterested householders residing in the county as appraisers who shall make an actual inspection of the land sought to be purchased. After they have done so, it shall be the duty of the appraisers to make a report in writing and file the report with the Commissioner of State Lands. (c) (1) The report of the appraisers shall set forth the estimated appraised value of the timber located on the lands, the estimated appraised value of any minerals or oil in the lands if any are known, and the appraised agricultural value of the lands. (2) The aggregate of the appraisals shall be treated by the Commissioner of State Lands as the value of the lands for the purpose of sale. (d) The report of the appraisers shall be accompanied by their oath, which shall state that they are householders and residents of the county in which the lands are located, that they have actually viewed the lands described in the report, that they have no interest in the sale thereof, that they are not related in any manner to the person who has made application to purchase the lands, and that the value fixed by them is, in their judgment, a fair and reasonable market value. (e) The appraisers shall be entitled to receive the sum of two dollars and fifty cents ($2.50) for each day necessary for making the inspection and appraisal, and they shall be paid by the applicant. Acts 1937, No. 128, §§ 2, 3; Pope's Dig., §§ 8751, 8752; A.S.A. 1947, §§ 10-802, 10-803.

(a) Upon the application made to the Commissioner of State Lands by any person, firm, or corporation seeking to purchase from the State of Arkansas any of the lands granted by the United States Congress to this state under the designation of "swamp and overflowed lands", on which patents or entry certificates have not been issued by the state as shown by the records in the office of the Commissioner of State Lands, it shall be the duty of the Commissioner of State Lands to determine whether the lands described in the application are wild and unimproved, which fact shall be determined by the Commissioner of State Lands upon the filing with him or her of the affidavit of the county surveyor, the county judge, and one (1) other reliable and disinterested person residing in the county in which the lands are situated, which affidavit shall accompany the application to purchase.

(b) Should it be determined by the Commissioner of State Lands that the land sought to be purchased is wild and unimproved, he or she shall, upon the applicant's filing a bond with the Commissioner of State Lands with a surety to be approved by the Commissioner of State Lands that he or she will pay all costs of the appraisal as provided in this section, immediately notify the sheriff and ex officio collector of the county in which the land is situated of his or her finding and direct the sheriff and ex officio collector of the county to immediately appoint three (3) reliable and disinterested householders residing in the county as appraisers who shall make an actual inspection of the land sought to be purchased. After they have done so, it shall be the duty of the appraisers to make a report in writing and file the report with the Commissioner of State Lands.

(c) (1) The report of the appraisers shall set forth the estimated appraised value of the timber located on the lands, the estimated appraised value of any minerals or oil in the lands if any are known, and the appraised agricultural value of the lands. (2) The aggregate of the appraisals shall be treated by the Commissioner of State Lands as the value of the lands for the purpose of sale.

(1) The report of the appraisers shall set forth the estimated appraised value of the timber located on the lands, the estimated appraised value of any minerals or oil in the lands if any are known, and the appraised agricultural value of the lands.

(2) The aggregate of the appraisals shall be treated by the Commissioner of State Lands as the value of the lands for the purpose of sale.

(d) The report of the appraisers shall be accompanied by their oath, which shall state that they are householders and residents of the county in which the lands are located, that they have actually viewed the lands described in the report, that they have no interest in the sale thereof, that they are not related in any manner to the person who has made application to purchase the lands, and that the value fixed by them is, in their judgment, a fair and reasonable market value.

(e) The appraisers shall be entitled to receive the sum of two dollars and fifty cents ($2.50) for each day necessary for making the inspection and appraisal, and they shall be paid by the applicant.

Acts 1937, No. 128, §§ 2, 3; Pope's Dig., §§ 8751, 8752; A.S.A. 1947, §§ 10-802, 10-803.
Ark. Code Ann. § 22-3-1213 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1213
Certificates of indebtedness - Alternative method of payment
Status: in_force

(a) In the event it shall be determined that the procedure set forth in § 22-3-1212 for the retirement of the certificates is unconstitutional or invalid for any reason, the Building Authority Division is authorized and directed to establish an account in its name in a bank to be approved by the State Board of Finance and to deposit therein so much of the first moneys received by it each year under the provisions of § 22-3-1210 as shall be required to meet the next ensuing principal and interest maturities of its outstanding certificates, together with such additional amounts as may be necessary to pay any certificates which it shall determine to retire in advance of maturity. (b) The division is authorized and directed to reimburse the funds so deposited for the purpose of paying the principal of and interest on the division's outstanding certificates of indebtedness authorized under this subchapter. Amended by Act 2019, No. 910,§ 6204, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 70, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 70, eff. 5/23/2016. Acts 1983, No. 458, § 8; A.S.A. 1947, § 13-2608.

(a) In the event it shall be determined that the procedure set forth in § 22-3-1212 for the retirement of the certificates is unconstitutional or invalid for any reason, the Building Authority Division is authorized and directed to establish an account in its name in a bank to be approved by the State Board of Finance and to deposit therein so much of the first moneys received by it each year under the provisions of § 22-3-1210 as shall be required to meet the next ensuing principal and interest maturities of its outstanding certificates, together with such additional amounts as may be necessary to pay any certificates which it shall determine to retire in advance of maturity.

(b) The division is authorized and directed to reimburse the funds so deposited for the purpose of paying the principal of and interest on the division's outstanding certificates of indebtedness authorized under this subchapter.

Amended by Act 2019, No. 910,§ 6204, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 70, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 70, eff. 5/23/2016.

Acts 1983, No. 458, § 8; A.S.A. 1947, § 13-2608.
Ark. Code Ann. § 22-9-211 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-211
Renovation of historic sites - Payment
Status: in_force

(a) The contracting agency shall establish, as part of the contract, a maximum compensation for the project. (b) Payment shall be based on the work actually done and the materials actually used. (c) The contractor shall submit periodic invoices for labor, materials, and overhead and profit in accordance with the rates established in the bid proposal. Acts 1977, No. 869, § 4; A.S.A. 1947, § 14-654.3.

(a) The contracting agency shall establish, as part of the contract, a maximum compensation for the project.

(b) Payment shall be based on the work actually done and the materials actually used.

(c) The contractor shall submit periodic invoices for labor, materials, and overhead and profit in accordance with the rates established in the bid proposal.

Acts 1977, No. 869, § 4; A.S.A. 1947, § 14-654.3.
Ark. Code Ann. § 22-9-313 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-313
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1969, No. 74, §§ 8, 9; A.S.A. 1947, §§ 14-637, 14-638.

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017.

Acts 1969, No. 74, §§ 8, 9; A.S.A. 1947, §§ 14-637, 14-638.
Ark. Code Ann. § 22-5-809 — AR Code / Title 22 / Chapter 5 / Subchapter 8 / Section 22-5-809
Leases and permits - Monthly statements - Payment of severance tax
Status: in_force

(a) (1) Every person obtaining a lease or permit under this section and §§ 22-5-801 - 22-5-808 and 22-5-810 - 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Revenue Division of the Department of Finance and Administration monthly an itemized verified statement of the total conventional weight or volume of any and all minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the division. (2) Every person obtaining a lease or permit under this section and §§ 22-5-801 - 22-5-808 and 22-5-810 - 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Commissioner of State Lands monthly an itemized verified statement of the total number of tons of sand and gravel, barrels of oil, thousands of cubic feet of natural gas and casinghead gas, tons of coal, and the conventional weight or volume of any and all other minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the Commissioner of State Lands. (b) (1) At the time of filing the reports, the lessee or permittee shall pay the severance tax to the Department of Finance and Administration in the same manner and at the same rate as all other severance taxes collected by the division. (2) The lessee or permittee shall also pay monthly to the Commissioner of State Lands royalties on the amount of actual consideration for the sand, gravel, minerals, or timber or logs taken or severed from the state-owned lands under the conditions of the lease or permit issued by the Commissioner of State Lands. (3) The Commissioner of State Lands shall be further authorized to require the posting of a corporate surety bond by any lessee or permittee to guarantee the payment of the taxes, royalties, and consideration. (c) (1) Except for application and bid fees, all funds received by the Commissioner of State Lands as fees, compensation, or royalties for leases or permits issued for the taking of any sand, gravel, minerals, or timber for lands owned or held in the name of a state agency shall be special revenues and shall be deposited into the State Treasury and credited to the fund or account from which the agency receives its support and for lands owned or held in the name of a state institution of higher education shall be deposited into the State Treasury and transferred by warrant to the institution of higher education for deposit into the institution's cash fund account established outside the State Treasury. (2) Except for application and bid fees, all funds received by the Commissioner of State Lands for leases or permits for the taking of any sand, gravel, minerals, or timber from all other state-owned lands shall be deposited into the State Treasury as general revenues. (3) Except for application and bid fees derived from the removal of logs, all funds received by the Commissioner of State Lands for leases or permits for the taking of logs from lands owned or held in the name of the state shall be deposited as cash funds into the State Treasury for the State Land Department. The Commissioner of State Lands shall distribute cash revenues deposited into the State Treasury for the State Land Department to counties from which logs were removed in accordance with the value of the logs as determined by the Commissioner of State Lands. (4) All funds received by the Arkansas State Game and Fish Commission as fees, compensation, or royalties, including any application or bid fees, for leases or permits issued for the taking of any minerals for lands held in the name of the commission shall be special revenues and shall be deposited into the State Treasury and credited to the Game Protection Fund for the use of the commission. Acts 1975, No. 524, § 5; 1981, No. 684, § 4; A.S.A. 1947, § 10-1018; Acts 1991, No. 537, § 3; 1993, No. 509, § 1; 2005, No. 786, § 6; 2009, No. 1416, § 41.

(a) (1) Every person obtaining a lease or permit under this section and §§ 22-5-801 - 22-5-808 and 22-5-810 - 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Revenue Division of the Department of Finance and Administration monthly an itemized verified statement of the total conventional weight or volume of any and all minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the division. (2) Every person obtaining a lease or permit under this section and §§ 22-5-801 - 22-5-808 and 22-5-810 - 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Commissioner of State Lands monthly an itemized verified statement of the total number of tons of sand and gravel, barrels of oil, thousands of cubic feet of natural gas and casinghead gas, tons of coal, and the conventional weight or volume of any and all other minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the Commissioner of State Lands.

(1) Every person obtaining a lease or permit under this section and §§ 22-5-801 - 22-5-808 and 22-5-810 - 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Revenue Division of the Department of Finance and Administration monthly an itemized verified statement of the total conventional weight or volume of any and all minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the division.

(2) Every person obtaining a lease or permit under this section and §§ 22-5-801 - 22-5-808 and 22-5-810 - 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Commissioner of State Lands monthly an itemized verified statement of the total number of tons of sand and gravel, barrels of oil, thousands of cubic feet of natural gas and casinghead gas, tons of coal, and the conventional weight or volume of any and all other minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the Commissioner of State Lands.

(b) (1) At the time of filing the reports, the lessee or permittee shall pay the severance tax to the Department of Finance and Administration in the same manner and at the same rate as all other severance taxes collected by the division. (2) The lessee or permittee shall also pay monthly to the Commissioner of State Lands royalties on the amount of actual consideration for the sand, gravel, minerals, or timber or logs taken or severed from the state-owned lands under the conditions of the lease or permit issued by the Commissioner of State Lands. (3) The Commissioner of State Lands shall be further authorized to require the posting of a corporate surety bond by any lessee or permittee to guarantee the payment of the taxes, royalties, and consideration.

(1) At the time of filing the reports, the lessee or permittee shall pay the severance tax to the Department of Finance and Administration in the same manner and at the same rate as all other severance taxes collected by the division.

(2) The lessee or permittee shall also pay monthly to the Commissioner of State Lands royalties on the amount of actual consideration for the sand, gravel, minerals, or timber or logs taken or severed from the state-owned lands under the conditions of the lease or permit issued by the Commissioner of State Lands.

(3) The Commissioner of State Lands shall be further authorized to require the posting of a corporate surety bond by any lessee or permittee to guarantee the payment of the taxes, royalties, and consideration.

(c) (1) Except for application and bid fees, all funds received by the Commissioner of State Lands as fees, compensation, or royalties for leases or permits issued for the taking of any sand, gravel, minerals, or timber for lands owned or held in the name of a state agency shall be special revenues and shall be deposited into the State Treasury and credited to the fund or account from which the agency receives its support and for lands owned or held in the name of a state institution of higher education shall be deposited into the State Treasury and transferred by warrant to the institution of higher education for deposit into the institution's cash fund account established outside the State Treasury. (2) Except for application and bid fees, all funds received by the Commissioner of State Lands for leases or permits for the taking of any sand, gravel, minerals, or timber from all other state-owned lands shall be deposited into the State Treasury as general revenues. (3) Except for application and bid fees derived from the removal of logs, all funds received by the Commissioner of State Lands for leases or permits for the taking of logs from lands owned or held in the name of the state shall be deposited as cash funds into the State Treasury for the State Land Department. The Commissioner of State Lands shall distribute cash revenues deposited into the State Treasury for the State Land Department to counties from which logs were removed in accordance with the value of the logs as determined by the Commissioner of State Lands. (4) All funds received by the Arkansas State Game and Fish Commission as fees, compensation, or royalties, including any application or bid fees, for leases or permits issued for the taking of any minerals for lands held in the name of the commission shall be special revenues and shall be deposited into the State Treasury and credited to the Game Protection Fund for the use of the commission.

(1) Except for application and bid fees, all funds received by the Commissioner of State Lands as fees, compensation, or royalties for leases or permits issued for the taking of any sand, gravel, minerals, or timber for lands owned or held in the name of a state agency shall be special revenues and shall be deposited into the State Treasury and credited to the fund or account from which the agency receives its support and for lands owned or held in the name of a state institution of higher education shall be deposited into the State Treasury and transferred by warrant to the institution of higher education for deposit into the institution's cash fund account established outside the State Treasury.

(2) Except for application and bid fees, all funds received by the Commissioner of State Lands for leases or permits for the taking of any sand, gravel, minerals, or timber from all other state-owned lands shall be deposited into the State Treasury as general revenues.

(3) Except for application and bid fees derived from the removal of logs, all funds received by the Commissioner of State Lands for leases or permits for the taking of logs from lands owned or held in the name of the state shall be deposited as cash funds into the State Treasury for the State Land Department. The Commissioner of State Lands shall distribute cash revenues deposited into the State Treasury for the State Land Department to counties from which logs were removed in accordance with the value of the logs as determined by the Commissioner of State Lands.

(4) All funds received by the Arkansas State Game and Fish Commission as fees, compensation, or royalties, including any application or bid fees, for leases or permits issued for the taking of any minerals for lands held in the name of the commission shall be special revenues and shall be deposited into the State Treasury and credited to the Game Protection Fund for the use of the commission.

Acts 1975, No. 524, § 5; 1981, No. 684, § 4; A.S.A. 1947, § 10-1018; Acts 1991, No. 537, § 3; 1993, No. 509, § 1; 2005, No. 786, § 6; 2009, No. 1416, § 41.
Ark. Code Ann. § 22-6-401 — AR Code / Title 22 / Chapter 6 / Subchapter 4 / Section 22-6-401
Authority to sell
Status: in_force

The Commissioner of State Lands shall have full power and authority to sell lands granted by the United States Congress to this state under the designation, "swamp and overflowed lands", and, in making the sales, he or she shall be governed by the provisions of this subchapter which may be in force at the time of sale. Acts 1937, No. 128, § 1; Pope's Dig., § 8750; A.S.A. 1947, § 10-801.

The Commissioner of State Lands shall have full power and authority to sell lands granted by the United States Congress to this state under the designation, "swamp and overflowed lands", and, in making the sales, he or she shall be governed by the provisions of this subchapter which may be in force at the time of sale.

Acts 1937, No. 128, § 1; Pope's Dig., § 8750; A.S.A. 1947, § 10-801.
Ark. Code Ann. § 22-3-2008 — AR Code / Title 22 / Chapter 3 / Subchapter 20 / Section 22-3-2008
Advisory committee for Arkansas Energy Office
Status: in_force

(a) (1) The Director of the Division of Environmental Quality or his or her designee may create and recommend members for a sustainable, energy-efficient building advisory committee composed of: (A) Representatives from the design and construction industry who are involved in public works contracting; (B) Persons from public agencies who are responsible for overseeing public works projects or for developing energy efficiency programs and policies; and (C) Other persons that the director or his or her designee considers to have useful information. (2) (A) The director shall approve the creation and membership recommendations under this section. (B) The committee members shall serve at the pleasure of the director. (b) The committee shall provide advice on the implementation of this subchapter, including without limitation recommendations regarding: (1) An education and training process for persons who are involved in the implementation of this subchapter; (2) An ongoing evaluation or feedback process to help the Arkansas Energy Office of the Division of Environmental Quality to implement this section; and (3) Water-deficiency requirements and energy-efficiency requirements. Amended by Act 2019, No. 674,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3233, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 21, eff. 8/1/2017. Acts 2009, No. 1494, § 1.

(a) (1) The Director of the Division of Environmental Quality or his or her designee may create and recommend members for a sustainable, energy-efficient building advisory committee composed of: (A) Representatives from the design and construction industry who are involved in public works contracting; (B) Persons from public agencies who are responsible for overseeing public works projects or for developing energy efficiency programs and policies; and (C) Other persons that the director or his or her designee considers to have useful information. (2) (A) The director shall approve the creation and membership recommendations under this section. (B) The committee members shall serve at the pleasure of the director.

(1) The Director of the Division of Environmental Quality or his or her designee may create and recommend members for a sustainable, energy-efficient building advisory committee composed of: (A) Representatives from the design and construction industry who are involved in public works contracting; (B) Persons from public agencies who are responsible for overseeing public works projects or for developing energy efficiency programs and policies; and (C) Other persons that the director or his or her designee considers to have useful information.

(A) Representatives from the design and construction industry who are involved in public works contracting;

(B) Persons from public agencies who are responsible for overseeing public works projects or for developing energy efficiency programs and policies; and

(C) Other persons that the director or his or her designee considers to have useful information.

(2) (A) The director shall approve the creation and membership recommendations under this section. (B) The committee members shall serve at the pleasure of the director.

(A) The director shall approve the creation and membership recommendations under this section.

(B) The committee members shall serve at the pleasure of the director.

(b) The committee shall provide advice on the implementation of this subchapter, including without limitation recommendations regarding: (1) An education and training process for persons who are involved in the implementation of this subchapter; (2) An ongoing evaluation or feedback process to help the Arkansas Energy Office of the Division of Environmental Quality to implement this section; and (3) Water-deficiency requirements and energy-efficiency requirements.

(1) An education and training process for persons who are involved in the implementation of this subchapter;

(2) An ongoing evaluation or feedback process to help the Arkansas Energy Office of the Division of Environmental Quality to implement this section; and

(3) Water-deficiency requirements and energy-efficiency requirements.

Amended by Act 2019, No. 674,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3233, eff. 7/1/2019.

Amended by Act 2017, No. 271,§ 21, eff. 8/1/2017.

Acts 2009, No. 1494, § 1.
Ark. Code Ann. § 22-5-210 — AR Code / Title 22 / Chapter 5 / Subchapter 2 / Section 22-5-210
Real property records of various departments, institutions, and retirement systems
Status: in_force

(a) With respect to real property administered by the Arkansas Department of Transportation, an institution of higher education, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System: (1) The department, an institution of higher education, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System shall each maintain inventory records of the real property it owns; and (2) The Commissioner of State Lands may: (A) Review, verify, and maintain inventory records of the real property; and (B) In cooperation with each affected state agency, prepare reports and make recommendations concerning the best use of the real property. (b) At the request of the Commissioner of State Lands: (1) The department shall submit its real property inventory records that are not related to the roadways and bridges it maintains; and (2) No more than semiannually, the real property inventory records of an institution of higher education, the Arkansas State Game and Fish Commission, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System may be submitted to the Commissioner of State Lands for information purposes only. (c) The duties of the Commissioner of State Lands under this subchapter and § 22-5-301 et seq. do not apply to: (1) Real property that is owned by the state but is managed by the United States Government; (2) The real property composing the State Capitol complex; (3) The real property composing the Arkansas Governor's Mansion; (4) The real property composing the state veterans' cemetery system; (5) Highway rights-of-way owned by the department; (6) The real property composing the Old State House Museum; (7) The real property owned by the Division of Emergency Management; and (8) Real property that is managed by a state retirement system as a part of its trust assets. Added by Act 2019, No. 884,§ 3, eff. 7/24/2019.

(a) With respect to real property administered by the Arkansas Department of Transportation, an institution of higher education, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System: (1) The department, an institution of higher education, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System shall each maintain inventory records of the real property it owns; and (2) The Commissioner of State Lands may: (A) Review, verify, and maintain inventory records of the real property; and (B) In cooperation with each affected state agency, prepare reports and make recommendations concerning the best use of the real property.

(1) The department, an institution of higher education, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System shall each maintain inventory records of the real property it owns; and

(2) The Commissioner of State Lands may: (A) Review, verify, and maintain inventory records of the real property; and (B) In cooperation with each affected state agency, prepare reports and make recommendations concerning the best use of the real property.

(A) Review, verify, and maintain inventory records of the real property; and

(B) In cooperation with each affected state agency, prepare reports and make recommendations concerning the best use of the real property.

(b) At the request of the Commissioner of State Lands: (1) The department shall submit its real property inventory records that are not related to the roadways and bridges it maintains; and (2) No more than semiannually, the real property inventory records of an institution of higher education, the Arkansas State Game and Fish Commission, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System may be submitted to the Commissioner of State Lands for information purposes only.

(1) The department shall submit its real property inventory records that are not related to the roadways and bridges it maintains; and

(2) No more than semiannually, the real property inventory records of an institution of higher education, the Arkansas State Game and Fish Commission, the Arkansas Public Employees' Retirement System, and the Arkansas Teacher Retirement System may be submitted to the Commissioner of State Lands for information purposes only.

(c) The duties of the Commissioner of State Lands under this subchapter and § 22-5-301 et seq. do not apply to: (1) Real property that is owned by the state but is managed by the United States Government; (2) The real property composing the State Capitol complex; (3) The real property composing the Arkansas Governor's Mansion; (4) The real property composing the state veterans' cemetery system; (5) Highway rights-of-way owned by the department; (6) The real property composing the Old State House Museum; (7) The real property owned by the Division of Emergency Management; and (8) Real property that is managed by a state retirement system as a part of its trust assets.

(1) Real property that is owned by the state but is managed by the United States Government;

(2) The real property composing the State Capitol complex;

(3) The real property composing the Arkansas Governor's Mansion;

(4) The real property composing the state veterans' cemetery system;

(5) Highway rights-of-way owned by the department;

(6) The real property composing the Old State House Museum;

(7) The real property owned by the Division of Emergency Management; and

(8) Real property that is managed by a state retirement system as a part of its trust assets.

Added by Act 2019, No. 884,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 22-5-507 — AR Code / Title 22 / Chapter 5 / Subchapter 5 / Section 22-5-507
Cooperation with United States
Status: in_force

(a) The Arkansas Forestry Commission is authorized and directed to fully cooperate with the departments, officers, and agencies of the United States Government to meet the requirements of the rules, regulations, and acts of the United States Congress relating to the objectives of this subchapter and to accept all funds and lands that may be available for the furthering of the provisions of this subchapter. (b) The commission is empowered to enter into such contracts and agreements with federal departments, officers, and agencies, not contrary to the laws of this state, as may be deemed necessary or convenient to the objectives of this subchapter. (c) The commission is further empowered to pay to the United States Government the amount of money specified in the agreements and contracts, including any payments of interest required by the contracts or agreements. (d) All payments, whether for interest or otherwise, shall be made from the State Forestry Fund and shall not impose any liability upon the general credit or taxing power of the state. Acts 1947, No. 409, § 8; 1970 (Ex. Sess.), No. 101, § 1; A.S.A. 1947, § 9-728.

(a) The Arkansas Forestry Commission is authorized and directed to fully cooperate with the departments, officers, and agencies of the United States Government to meet the requirements of the rules, regulations, and acts of the United States Congress relating to the objectives of this subchapter and to accept all funds and lands that may be available for the furthering of the provisions of this subchapter.

(b) The commission is empowered to enter into such contracts and agreements with federal departments, officers, and agencies, not contrary to the laws of this state, as may be deemed necessary or convenient to the objectives of this subchapter.

(c) The commission is further empowered to pay to the United States Government the amount of money specified in the agreements and contracts, including any payments of interest required by the contracts or agreements.

(d) All payments, whether for interest or otherwise, shall be made from the State Forestry Fund and shall not impose any liability upon the general credit or taxing power of the state.

Acts 1947, No. 409, § 8; 1970 (Ex. Sess.), No. 101, § 1; A.S.A. 1947, § 9-728.
Ark. Code Ann. § 22-9-204 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-204
Subcontractors exceeding $50,000 - Penalty
Status: in_force

(a) As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licensing Board and qualified in: (1) Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration; (2) Plumbing; (3) Electrical; and (4) Roofing. (b) (1) In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed. (2) (A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work. (B) However, a subcontractor is prohibited from subcontracting the work in its entirety. (c) (1) When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid. (2) In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction. (d) The prime contractor shall submit written evidence that the substituted contractor is costing the same amount of money or less and, if costing less, that the savings will be deducted from the total contract of the prime contractor and rebated to the owner. (e) It shall be mandatory that the mechanical, plumbing, electrical, and roofing subcontractors named on the form of proposal by the prime contractor awarded a contract under the provisions of this subchapter be given contracts by the prime contractor in keeping with their proposals to perform the items for which they were named. (f) (1) It shall be a violation of this section for any prime contractor to submit a bid listing unlicensed contractors or to use unlicensed contractors on a public works project if the listed work of the unlicensed contractors or portion of the unlicensed contractors' work is fifty thousand dollars ($50,000) or more. (2) It shall be a violation of this section for any subcontractor who is not licensed by the board to contract to perform work on a public works project if the listed work of the subcontractor or portion of the subcontractor's work is fifty thousand dollars ($50,000) or more. (3) The board has jurisdiction over violations of this subsection under § 17-25-103 . Amended by Act 2019, No. 910,§ 6239, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 55, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 55, eff. 7/1/2015. Amended by Act 2015, No. 1048,§ 7, eff. 7/22/2015. Acts 1949, No. 159, § 3; 1957, No. 183, § 1; 1961, No. 477, § 1; 1983, No. 871, § 1; A.S.A. 1947, § 14-613; Acts 1987, No. 759, § 1; 1989, No. 936, § 1; 1991, No. 728, § 1; 1993, No. 645, § 1; 1999, No. 1250, § 1; 1999, No. 1496, § 1; 2001, No. 989, § 1; 2003, No. 364, § 18; 2009, No. 193, § 9; 2011, No. 782, § 2.

(a) As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licensing Board and qualified in: (1) Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration; (2) Plumbing; (3) Electrical; and (4) Roofing.

(1) Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration;

(2) Plumbing;

(3) Electrical; and

(4) Roofing.

(b) (1) In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed. (2) (A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work. (B) However, a subcontractor is prohibited from subcontracting the work in its entirety.

(1) In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed.

(2) (A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work. (B) However, a subcontractor is prohibited from subcontracting the work in its entirety.

(A) A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work.

(B) However, a subcontractor is prohibited from subcontracting the work in its entirety.

(c) (1) When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid. (2) In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction.

(1) When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid.

(2) In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction.

(d) The prime contractor shall submit written evidence that the substituted contractor is costing the same amount of money or less and, if costing less, that the savings will be deducted from the total contract of the prime contractor and rebated to the owner.

(e) It shall be mandatory that the mechanical, plumbing, electrical, and roofing subcontractors named on the form of proposal by the prime contractor awarded a contract under the provisions of this subchapter be given contracts by the prime contractor in keeping with their proposals to perform the items for which they were named.

(f) (1) It shall be a violation of this section for any prime contractor to submit a bid listing unlicensed contractors or to use unlicensed contractors on a public works project if the listed work of the unlicensed contractors or portion of the unlicensed contractors' work is fifty thousand dollars ($50,000) or more. (2) It shall be a violation of this section for any subcontractor who is not licensed by the board to contract to perform work on a public works project if the listed work of the subcontractor or portion of the subcontractor's work is fifty thousand dollars ($50,000) or more. (3) The board has jurisdiction over violations of this subsection under § 17-25-103 .

(1) It shall be a violation of this section for any prime contractor to submit a bid listing unlicensed contractors or to use unlicensed contractors on a public works project if the listed work of the unlicensed contractors or portion of the unlicensed contractors' work is fifty thousand dollars ($50,000) or more.

(2) It shall be a violation of this section for any subcontractor who is not licensed by the board to contract to perform work on a public works project if the listed work of the subcontractor or portion of the subcontractor's work is fifty thousand dollars ($50,000) or more.

(3) The board has jurisdiction over violations of this subsection under § 17-25-103 .

Amended by Act 2019, No. 910,§ 6239, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 55, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 55, eff. 7/1/2015.

Amended by Act 2015, No. 1048,§ 7, eff. 7/22/2015.

Acts 1949, No. 159, § 3; 1957, No. 183, § 1; 1961, No. 477, § 1; 1983, No. 871, § 1; A.S.A. 1947, § 14-613; Acts 1987, No. 759, § 1; 1989, No. 936, § 1; 1991, No. 728, § 1; 1993, No. 645, § 1; 1999, No. 1250, § 1; 1999, No. 1496, § 1; 2001, No. 989, § 1; 2003, No. 364, § 18; 2009, No. 193, § 9; 2011, No. 782, § 2.
Ark. Code Ann. § 22-2-111 — AR Code / Title 22 / Chapter 2 / Section 22-2-111
Schedule of supervision - Undesignated funds
Status: in_force

From the funds appropriated by the General Assembly to the Building Authority Division not designated to be spent for a particular public building or capital improvement for a particular state agency, the division shall: (1) (A) Use the lands acquired by the Arkansas Revenue Department Building Commission which are transferred to State Building Services under Acts 1975, No. 716, § 6, as sites for public buildings and obtain additional sites as provided in this chapter. (B) (i) The additional sites may be obtained either with or without compensation by making necessary arrangements with any state agency for any lands owned by the state agency or by the State of Arkansas and under the control or jurisdiction of that state agency. (ii) In the alternative, a site may be obtained by the division by gift, purchase, or condemnation under the power of eminent domain at any suitable location. (C) In the event the needed sites cannot be purchased by negotiation, the division is authorized to institute condemnation proceedings in Pulaski County, Arkansas, under the power of eminent domain for the acquisition of sites. (D) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided by §§ 18-15-1202 - 18-15-1207 , or pursuant to any applicable statutory provisions for the exercise of the power of eminent domain by the State of Arkansas or by any state agency. (E) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; (2) Construct, repair, renovate, alter, and equip buildings and capital improvements or acquire, by gift or purchase, existing buildings or capital improvements and the sites upon which they are situated for use as public buildings; (3) (A) Operate, manage, maintain, and otherwise provide for the operation of the public buildings or capital improvements so constructed or acquired and arrange for the housing of state agencies as space and facilities permit upon such terms and conditions and for such rentals as the division may determine. (B) Should there be any surplus space in a public building above the requirements of state agencies that can be feasibly housed in the building, the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies; and (4) Demolish, remove, and dispose of or salvage any buildings or other capital improvements as necessary for the construction and equipping of public buildings or capital improvements. Amended by Act 2019, No. 910,§ 6161, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 29, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 29, eff. 7/1/2015. Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 1999, No. 1173, § 4.

From the funds appropriated by the General Assembly to the Building Authority Division not designated to be spent for a particular public building or capital improvement for a particular state agency, the division shall:

(1) (A) Use the lands acquired by the Arkansas Revenue Department Building Commission which are transferred to State Building Services under Acts 1975, No. 716, § 6, as sites for public buildings and obtain additional sites as provided in this chapter. (B) (i) The additional sites may be obtained either with or without compensation by making necessary arrangements with any state agency for any lands owned by the state agency or by the State of Arkansas and under the control or jurisdiction of that state agency. (ii) In the alternative, a site may be obtained by the division by gift, purchase, or condemnation under the power of eminent domain at any suitable location. (C) In the event the needed sites cannot be purchased by negotiation, the division is authorized to institute condemnation proceedings in Pulaski County, Arkansas, under the power of eminent domain for the acquisition of sites. (D) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided by §§ 18-15-1202 - 18-15-1207 , or pursuant to any applicable statutory provisions for the exercise of the power of eminent domain by the State of Arkansas or by any state agency. (E) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas;

(A) Use the lands acquired by the Arkansas Revenue Department Building Commission which are transferred to State Building Services under Acts 1975, No. 716, § 6, as sites for public buildings and obtain additional sites as provided in this chapter.

(B) (i) The additional sites may be obtained either with or without compensation by making necessary arrangements with any state agency for any lands owned by the state agency or by the State of Arkansas and under the control or jurisdiction of that state agency. (ii) In the alternative, a site may be obtained by the division by gift, purchase, or condemnation under the power of eminent domain at any suitable location.

(i) The additional sites may be obtained either with or without compensation by making necessary arrangements with any state agency for any lands owned by the state agency or by the State of Arkansas and under the control or jurisdiction of that state agency.

(ii) In the alternative, a site may be obtained by the division by gift, purchase, or condemnation under the power of eminent domain at any suitable location.

(C) In the event the needed sites cannot be purchased by negotiation, the division is authorized to institute condemnation proceedings in Pulaski County, Arkansas, under the power of eminent domain for the acquisition of sites.

(D) Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided by §§ 18-15-1202 - 18-15-1207 , or pursuant to any applicable statutory provisions for the exercise of the power of eminent domain by the State of Arkansas or by any state agency.

(E) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas;

(2) Construct, repair, renovate, alter, and equip buildings and capital improvements or acquire, by gift or purchase, existing buildings or capital improvements and the sites upon which they are situated for use as public buildings;

(3) (A) Operate, manage, maintain, and otherwise provide for the operation of the public buildings or capital improvements so constructed or acquired and arrange for the housing of state agencies as space and facilities permit upon such terms and conditions and for such rentals as the division may determine. (B) Should there be any surplus space in a public building above the requirements of state agencies that can be feasibly housed in the building, the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies; and

(A) Operate, manage, maintain, and otherwise provide for the operation of the public buildings or capital improvements so constructed or acquired and arrange for the housing of state agencies as space and facilities permit upon such terms and conditions and for such rentals as the division may determine.

(B) Should there be any surplus space in a public building above the requirements of state agencies that can be feasibly housed in the building, the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies; and

(4) Demolish, remove, and dispose of or salvage any buildings or other capital improvements as necessary for the construction and equipping of public buildings or capital improvements.

Amended by Act 2019, No. 910,§ 6161, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 29, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 29, eff. 7/1/2015.

Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 1999, No. 1173, § 4.
Ark. Code Ann. § 22-5-502 — AR Code / Title 22 / Chapter 5 / Subchapter 5 / Section 22-5-502
Methods of acquisition
Status: in_force

(a) Lands may be acquired by gift, devise, purchase, or exchange from any county, municipality, state or federal agency or department, person, firm, corporation, or association. (b) The Arkansas Forestry Commission shall not purchase or acquire any lands until the purchase price is available and the title and conveyance thereto, except as to tax titles, are examined and approved by the Attorney General as conveying good and merchantable title. Acts 1947, No. 409, § 2; A.S.A. 1947, § 9-722.

(a) Lands may be acquired by gift, devise, purchase, or exchange from any county, municipality, state or federal agency or department, person, firm, corporation, or association.

(b) The Arkansas Forestry Commission shall not purchase or acquire any lands until the purchase price is available and the title and conveyance thereto, except as to tax titles, are examined and approved by the Attorney General as conveying good and merchantable title.

Acts 1947, No. 409, § 2; A.S.A. 1947, § 9-722.
Ark. Code Ann. § 22-9-403 — AR Code / Title 22 / Chapter 9 / Subchapter 4 / Section 22-9-403
Statutory liability as integral part of bond
Status: in_force

The liability imposed by § 22-9-401 on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein. Amended by Act 2021, No. 986,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 6243, eff. 7/1/2019. Acts 1929, No. 368, § 3; 1935, No. 82, § 3; Pope's Dig., §§ 960, 7773, 8006, 8885; Acts 1957, No. 209, § 4; A.S.A. 1947, § 14-606; Acts 1997, No. 293, § 1; 2001, No. 496, § 1; 2001, No. 961, § 12.

The liability imposed by § 22-9-401 on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein.

Amended by Act 2021, No. 986,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 6243, eff. 7/1/2019.

Acts 1929, No. 368, § 3; 1935, No. 82, § 3; Pope's Dig., §§ 960, 7773, 8006, 8885; Acts 1957, No. 209, § 4; A.S.A. 1947, § 14-606; Acts 1997, No. 293, § 1; 2001, No. 496, § 1; 2001, No. 961, § 12.
Ark. Code Ann. § 22-9-501 — AR Code / Title 22 / Chapter 9 / Subchapter 5 / Section 22-9-501
Substitution of securities for retained payments - Contracts generally
Status: in_force

(a) Under any contract made or awarded by the state or by any public department or official thereof, including the construction, improvement, or repair of any and all ways, roads, or bridges with appurtenances which, by law, are under the supervision of the State of Arkansas or any political subdivision, the contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract upon depositing with the Treasurer of State, except as provided in § 22-9-502 , direct obligations of or obligations fully guaranteed by the United States Government or any agency or department thereof, obligations of the State of Arkansas, obligations of any public housing authority, or certificates of deposit from federal or state banks or savings and loan associations. (b) No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or at the time of withdrawal. Acts 1969, No. 79, § 1; 1971, No. 98, § 1; 1973, No. 77, § 1; A.S.A. 1947, § 14-643.

(a) Under any contract made or awarded by the state or by any public department or official thereof, including the construction, improvement, or repair of any and all ways, roads, or bridges with appurtenances which, by law, are under the supervision of the State of Arkansas or any political subdivision, the contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract upon depositing with the Treasurer of State, except as provided in § 22-9-502 , direct obligations of or obligations fully guaranteed by the United States Government or any agency or department thereof, obligations of the State of Arkansas, obligations of any public housing authority, or certificates of deposit from federal or state banks or savings and loan associations.

(b) No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or at the time of withdrawal.

Acts 1969, No. 79, § 1; 1971, No. 98, § 1; 1973, No. 77, § 1; A.S.A. 1947, § 14-643.
Ark. Code Ann. § 22-7-226 — AR Code / Title 22 / Chapter 7 / Subchapter 2 / Section 22-7-226
Cession of concurrent jurisdiction - Federal prisons
Status: in_force

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the United States Bureau of Prisons, Federal Correctional Institution in Forrest City, St. Francis County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the United States Bureau of Prisons. Acts 1997, No. 215, § 1.

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the United States Bureau of Prisons, Federal Correctional Institution in Forrest City, St. Francis County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the United States Bureau of Prisons.

Acts 1997, No. 215, § 1.
Ark. Code Ann. § 22-5-701 — AR Code / Title 22 / Chapter 5 / Subchapter 7 / Section 22-5-701
Field notes and other papers as public records - Right to inspect and copy
Status: in_force

(a) The field notes, transcripts, documents, maps, plats, records, and other papers kept in the office of the Commissioner of State Lands are declared to be public records. (b) Under the authority and direction of the Director of the Bureau of Land Management, any deputy surveyor or other agent of the United States shall have free access to any such public records for the purpose of taking extracts therefrom or making copies thereof, without charge of any kind. (c) The Commissioner of State Lands and the clerks in his or her office shall be allowed to take extracts from or make copies of any of the public records in the office of the Commissioner of State Lands. (d) All other persons may have the right to inspect the public records under the supervision of the Commissioner of State Lands or the clerks in his or her office. (e) The Commissioner of State Lands shall assign a space in his or her office for the reception and safekeeping of records and shall allow free access to the records by the authorities of the United States. Acts 1881, No. 12, §§ 2, 5, p. 18; C. & M. Dig., §§ 4745, 4748; Acts 1933, No. 155, § 2; Pope's Dig., §§ 5447, 5824, 5827, 5833; Acts 1939, No. 121, § 2; A.S.A. 1947, §§ 10-1202, 10-1205, 10-1207.

(a) The field notes, transcripts, documents, maps, plats, records, and other papers kept in the office of the Commissioner of State Lands are declared to be public records.

(b) Under the authority and direction of the Director of the Bureau of Land Management, any deputy surveyor or other agent of the United States shall have free access to any such public records for the purpose of taking extracts therefrom or making copies thereof, without charge of any kind.

(c) The Commissioner of State Lands and the clerks in his or her office shall be allowed to take extracts from or make copies of any of the public records in the office of the Commissioner of State Lands.

(d) All other persons may have the right to inspect the public records under the supervision of the Commissioner of State Lands or the clerks in his or her office.

(e) The Commissioner of State Lands shall assign a space in his or her office for the reception and safekeeping of records and shall allow free access to the records by the authorities of the United States.

Acts 1881, No. 12, §§ 2, 5, p. 18; C. & M. Dig., §§ 4745, 4748; Acts 1933, No. 155, § 2; Pope's Dig., §§ 5447, 5824, 5827, 5833; Acts 1939, No. 121, § 2; A.S.A. 1947, §§ 10-1202, 10-1205, 10-1207.
Ark. Code Ann. § 22-3-903 — AR Code / Title 22 / Chapter 3 / Subchapter 9 / Section 22-3-903
Construction
Status: in_force

(a) This subchapter shall be liberally construed to accomplish the intent and purposes thereof and shall be the sole authority required for the accomplishment of its purposes. To this end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition. (b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things. Acts 1955, No. 375, § 21; 1973, No. 632, § 3; A.S.A. 1947, § 5-620.

(a) This subchapter shall be liberally construed to accomplish the intent and purposes thereof and shall be the sole authority required for the accomplishment of its purposes. To this end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition.

(b) The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Acts 1955, No. 375, § 21; 1973, No. 632, § 3; A.S.A. 1947, § 5-620.
Ark. Code Ann. § 22-3-216 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-216
Law Enforcement Officers' Memorial
Status: in_force

(a) It is found and determined by the General Assembly that unfortunately several law enforcement officers have given their lives in the performance of their duties for the people of this state, and that these brave public servants should be honored. Therefore, an appropriate monument is established on the State Capitol grounds as a symbol of the recognition and appreciation of this state to these individuals. (b) (1) The Governor shall designate a representative from the Division of Arkansas State Police, the Arkansas Sheriffs' Association, the Arkansas Fraternal Order of Police Foundation, Inc., and the Arkansas Municipal Police Association, who, together with a member of the State Capitol Police who is designated by the Secretary of State, shall constitute the Law Enforcement Officers' Memorial Design Committee. (2) (A) The committee shall meet at such times as it shall determine to be necessary to review names submitted for possible inclusion on the memorial. (B) The committee shall approve names to be included on the memorial and forward the names to the Secretary of State. (3) The committee shall meet as often as it deems necessary to review the design and layout of the existing memorial and make recommendations to the Capitol Arts and Grounds Commission for the commission's consideration. Amended by Act 2017, No. 625,§ 1, eff. 8/1/2017. Acts 1985, No. 964, §§ 1-4; A.S.A. 1947, §§ 5-257 -- 5-260.

(a) It is found and determined by the General Assembly that unfortunately several law enforcement officers have given their lives in the performance of their duties for the people of this state, and that these brave public servants should be honored. Therefore, an appropriate monument is established on the State Capitol grounds as a symbol of the recognition and appreciation of this state to these individuals.

(b) (1) The Governor shall designate a representative from the Division of Arkansas State Police, the Arkansas Sheriffs' Association, the Arkansas Fraternal Order of Police Foundation, Inc., and the Arkansas Municipal Police Association, who, together with a member of the State Capitol Police who is designated by the Secretary of State, shall constitute the Law Enforcement Officers' Memorial Design Committee. (2) (A) The committee shall meet at such times as it shall determine to be necessary to review names submitted for possible inclusion on the memorial. (B) The committee shall approve names to be included on the memorial and forward the names to the Secretary of State. (3) The committee shall meet as often as it deems necessary to review the design and layout of the existing memorial and make recommendations to the Capitol Arts and Grounds Commission for the commission's consideration.

(1) The Governor shall designate a representative from the Division of Arkansas State Police, the Arkansas Sheriffs' Association, the Arkansas Fraternal Order of Police Foundation, Inc., and the Arkansas Municipal Police Association, who, together with a member of the State Capitol Police who is designated by the Secretary of State, shall constitute the Law Enforcement Officers' Memorial Design Committee.

(2) (A) The committee shall meet at such times as it shall determine to be necessary to review names submitted for possible inclusion on the memorial. (B) The committee shall approve names to be included on the memorial and forward the names to the Secretary of State.

(A) The committee shall meet at such times as it shall determine to be necessary to review names submitted for possible inclusion on the memorial.

(B) The committee shall approve names to be included on the memorial and forward the names to the Secretary of State.

(3) The committee shall meet as often as it deems necessary to review the design and layout of the existing memorial and make recommendations to the Capitol Arts and Grounds Commission for the commission's consideration.

Amended by Act 2017, No. 625,§ 1, eff. 8/1/2017.

Acts 1985, No. 964, §§ 1-4; A.S.A. 1947, §§ 5-257 -- 5-260.
Ark. Code Ann. § 22-9-209 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-209
Renovation of historic sites - Advertising of contracts
Status: in_force

(a) (1) A contract for the altering, repairing, or renovation of a recognized historic site or structure owned by the state or with title vested in the name of a state agency or of another taxing authority in which the estimated cost of the work equals or exceeds the sum of fifty thousand dollars ($50,000) shall not be entered into between the state agency or taxing authority and any contractor unless the state agency or taxing authority has first published notice of intention to receive bids for improvements one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (2) In addition to the publication of notice required under subdivision (a)(1) of this section, the state agency or taxing authority: (A) May also publish notice in a trade journal reaching the construction industry; and (B) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (b) (1) The date of publication of the last notice shall be not less than one (1) week before the date affixed therein for the receipt of bids. (2) (A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the state agency or taxing authority: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (3) Nothing in this section shall be construed as limiting to two (2) the number of weeks the notices may be published. (c) (1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective contractors may obtain plans and specifications, including any websites on which a state agency or taxing authority is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; and (E) The amount, which may be stated in a percentage, of bond required. (2) A statement shall be included notifying bidders that the proposed renovation will be contracted under the authority of this section and §§ 22-9-208 , 22-9-210 , and 22-9-211 . (3) The invitation for bids shall include a required resumé of similar restorative work performed by the contractor. (d) (1) No agency shall advertise for bids under the provisions of this section and §§ 22-9-208 , 22-9-210 , and 22-9-211 without seeking the advice of the Legislative Council. (2) Provided further, nothing in this section shall prevent an institution of higher education exempt from review and approval of the Building Authority Division from entering into an agreement with the division to provide such advice. (e) A sealed bid under this section shall be submitted in one (1) of the following formats: (1) Written; or (2) Electronic media. Amended by Act 2021, No. 440,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 1075,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 1075,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 1075,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 1075,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6241, eff. 7/1/2019. Amended by Act 2017, No. 725,§ 5, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 82, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 82, eff. 5/23/2016. Amended by Act 2013, No. 494,§ 2, eff. 8/16/2013. Acts 1977, No. 869, § 2; A.S.A. 1947, § 14-654.1; Acts 2001, No. 961, § 11.

(a) (1) A contract for the altering, repairing, or renovation of a recognized historic site or structure owned by the state or with title vested in the name of a state agency or of another taxing authority in which the estimated cost of the work equals or exceeds the sum of fifty thousand dollars ($50,000) shall not be entered into between the state agency or taxing authority and any contractor unless the state agency or taxing authority has first published notice of intention to receive bids for improvements one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made. (2) In addition to the publication of notice required under subdivision (a)(1) of this section, the state agency or taxing authority: (A) May also publish notice in a trade journal reaching the construction industry; and (B) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(1) A contract for the altering, repairing, or renovation of a recognized historic site or structure owned by the state or with title vested in the name of a state agency or of another taxing authority in which the estimated cost of the work equals or exceeds the sum of fifty thousand dollars ($50,000) shall not be entered into between the state agency or taxing authority and any contractor unless the state agency or taxing authority has first published notice of intention to receive bids for improvements one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made.

(2) In addition to the publication of notice required under subdivision (a)(1) of this section, the state agency or taxing authority: (A) May also publish notice in a trade journal reaching the construction industry; and (B) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(A) May also publish notice in a trade journal reaching the construction industry; and

(B) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(b) (1) The date of publication of the last notice shall be not less than one (1) week before the date affixed therein for the receipt of bids. (2) (A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the state agency or taxing authority: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq. (3) Nothing in this section shall be construed as limiting to two (2) the number of weeks the notices may be published.

(1) The date of publication of the last notice shall be not less than one (1) week before the date affixed therein for the receipt of bids.

(2) (A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county. (B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the state agency or taxing authority: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(A) If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county.

(B) In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the state agency or taxing authority: (i) May also publish notice in a trade journal reaching the construction industry; and (ii) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(i) May also publish notice in a trade journal reaching the construction industry; and

(ii) If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.

(3) Nothing in this section shall be construed as limiting to two (2) the number of weeks the notices may be published.

(c) (1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective contractors may obtain plans and specifications, including any websites on which a state agency or taxing authority is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; and (E) The amount, which may be stated in a percentage, of bond required. (2) A statement shall be included notifying bidders that the proposed renovation will be contracted under the authority of this section and §§ 22-9-208 , 22-9-210 , and 22-9-211 . (3) The invitation for bids shall include a required resumé of similar restorative work performed by the contractor.

(1) All notices shall contain: (A) A brief description of the kind or type of work contemplated; (B) The approximate location of the work contemplated; (C) The place at which prospective contractors may obtain plans and specifications, including any websites on which a state agency or taxing authority is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.; (D) The date, time, and place at which sealed bids shall be received; and (E) The amount, which may be stated in a percentage, of bond required.

(A) A brief description of the kind or type of work contemplated;

(B) The approximate location of the work contemplated;

(C) The place at which prospective contractors may obtain plans and specifications, including any websites on which a state agency or taxing authority is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.;

(D) The date, time, and place at which sealed bids shall be received; and

(E) The amount, which may be stated in a percentage, of bond required.

(2) A statement shall be included notifying bidders that the proposed renovation will be contracted under the authority of this section and §§ 22-9-208 , 22-9-210 , and 22-9-211 .

(3) The invitation for bids shall include a required resumé of similar restorative work performed by the contractor.

(d) (1) No agency shall advertise for bids under the provisions of this section and §§ 22-9-208 , 22-9-210 , and 22-9-211 without seeking the advice of the Legislative Council. (2) Provided further, nothing in this section shall prevent an institution of higher education exempt from review and approval of the Building Authority Division from entering into an agreement with the division to provide such advice.

(1) No agency shall advertise for bids under the provisions of this section and §§ 22-9-208 , 22-9-210 , and 22-9-211 without seeking the advice of the Legislative Council.

(2) Provided further, nothing in this section shall prevent an institution of higher education exempt from review and approval of the Building Authority Division from entering into an agreement with the division to provide such advice.

(e) A sealed bid under this section shall be submitted in one (1) of the following formats: (1) Written; or (2) Electronic media.

(1) Written; or

(2) Electronic media.

Amended by Act 2021, No. 440,§ 7, eff. 7/28/2021.

Amended by Act 2019, No. 1075,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 1075,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 1075,§ 8, eff. 7/24/2019.

Amended by Act 2019, No. 1075,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6241, eff. 7/1/2019.

Amended by Act 2017, No. 725,§ 5, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 82, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 82, eff. 5/23/2016.

Amended by Act 2013, No. 494,§ 2, eff. 8/16/2013.

Acts 1977, No. 869, § 2; A.S.A. 1947, § 14-654.1; Acts 2001, No. 961, § 11.
Ark. Code Ann. § 22-9-213 — AR Code / Title 22 / Chapter 9 / Subchapter 2 / Section 22-9-213
Exemption of state projects from local regulation
Status: in_force

Public works construction projects conducted by the Building Authority Division or other state agencies are exempt from permit fees or inspection requirements of county or municipal ordinances. Amended by Act 2019, No. 910,§ 6242, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 57, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 57, eff. 7/1/2015. Acts 1995, No. 1229, § 1.

Public works construction projects conducted by the Building Authority Division or other state agencies are exempt from permit fees or inspection requirements of county or municipal ordinances.

Amended by Act 2019, No. 910,§ 6242, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 57, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 57, eff. 7/1/2015.

Acts 1995, No. 1229, § 1.
Ark. Code Ann. § 22-3-206 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-206
Agreements with public utility companies
Status: in_force

(a) (1) The Secretary of State, on behalf of the State of Arkansas, is authorized to enter into agreements with public utility companies regarding the installation, maintenance, and repair of utility service lines and facilities necessary to the delivery of the respective utility services to the various buildings on the State Capitol grounds. (2) The agreements may include the granting of easements or privileges to public utility companies to install and maintain lines and facilities on the State Capitol grounds and may contain provisions regarding the relative responsibilities of the public utility companies and the State of Arkansas for removing abandoned facilities or relocating lines and facilities on the State Capitol grounds, and may include such other agreements or provisions as shall be deemed appropriate or necessary by the parties. (3) No contract shall be entered into between the Secretary of State and any public utility until it is submitted to and approved as to form by the Attorney General. (b) (1) State agencies, departments, and institutions are authorized to enter into agreements with public utility companies for the furnishing of utility services by the contracting utility and the purchase of such services by the state agencies, departments, or institutions. (2) The agreements may include provisions regarding the service demand of the contracting agency, department, or institution for the utility service involved, the rates to be charged for the services, minimum charges, and such other matters as the contracting parties shall deem appropriate regarding the furnishing and purchase of utility services. (3) Any rates or charges established in the contracts shall conform to filings made with and approved by the appropriate state regulatory body. Acts 1972 (Ex. Sess.), No. 56, §§ 2, 3; A.S.A. 1947, §§ 5-233, 5-234.

(a) (1) The Secretary of State, on behalf of the State of Arkansas, is authorized to enter into agreements with public utility companies regarding the installation, maintenance, and repair of utility service lines and facilities necessary to the delivery of the respective utility services to the various buildings on the State Capitol grounds. (2) The agreements may include the granting of easements or privileges to public utility companies to install and maintain lines and facilities on the State Capitol grounds and may contain provisions regarding the relative responsibilities of the public utility companies and the State of Arkansas for removing abandoned facilities or relocating lines and facilities on the State Capitol grounds, and may include such other agreements or provisions as shall be deemed appropriate or necessary by the parties. (3) No contract shall be entered into between the Secretary of State and any public utility until it is submitted to and approved as to form by the Attorney General.

(1) The Secretary of State, on behalf of the State of Arkansas, is authorized to enter into agreements with public utility companies regarding the installation, maintenance, and repair of utility service lines and facilities necessary to the delivery of the respective utility services to the various buildings on the State Capitol grounds.

(2) The agreements may include the granting of easements or privileges to public utility companies to install and maintain lines and facilities on the State Capitol grounds and may contain provisions regarding the relative responsibilities of the public utility companies and the State of Arkansas for removing abandoned facilities or relocating lines and facilities on the State Capitol grounds, and may include such other agreements or provisions as shall be deemed appropriate or necessary by the parties.

(3) No contract shall be entered into between the Secretary of State and any public utility until it is submitted to and approved as to form by the Attorney General.

(b) (1) State agencies, departments, and institutions are authorized to enter into agreements with public utility companies for the furnishing of utility services by the contracting utility and the purchase of such services by the state agencies, departments, or institutions. (2) The agreements may include provisions regarding the service demand of the contracting agency, department, or institution for the utility service involved, the rates to be charged for the services, minimum charges, and such other matters as the contracting parties shall deem appropriate regarding the furnishing and purchase of utility services. (3) Any rates or charges established in the contracts shall conform to filings made with and approved by the appropriate state regulatory body.

(1) State agencies, departments, and institutions are authorized to enter into agreements with public utility companies for the furnishing of utility services by the contracting utility and the purchase of such services by the state agencies, departments, or institutions.

(2) The agreements may include provisions regarding the service demand of the contracting agency, department, or institution for the utility service involved, the rates to be charged for the services, minimum charges, and such other matters as the contracting parties shall deem appropriate regarding the furnishing and purchase of utility services.

(3) Any rates or charges established in the contracts shall conform to filings made with and approved by the appropriate state regulatory body.

Acts 1972 (Ex. Sess.), No. 56, §§ 2, 3; A.S.A. 1947, §§ 5-233, 5-234.
Ark. Code Ann. § 22-3-1901 — AR Code / Title 22 / Chapter 3 / Subchapter 19 / Section 22-3-1901
Sustainable Building Design Program for State Agencies
Status: in_force

There is created the Sustainable Building Design Program for State Agencies to be administered by the Building Authority Division. Amended by Act 2019, No. 910,§ 6223, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 52, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 52, eff. 7/1/2015. Acts 2009, No. 1372, § 1.

There is created the Sustainable Building Design Program for State Agencies to be administered by the Building Authority Division.

Amended by Act 2019, No. 910,§ 6223, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 52, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 52, eff. 7/1/2015.

Acts 2009, No. 1372, § 1.
Ark. Code Ann. § 22-6-304 — AR Code / Title 22 / Chapter 6 / Subchapter 3 / Section 22-6-304
Rejection or confirmation - Disposition of purchase money - Deed by Commissioner of State Lands
Status: in_force

(a) The sheriff shall report without delay all sales to the county court, which may reject or confirm the sale. (b) If any sale is rejected, the county court may direct the sheriff to again advertise and offer the land or lots for sale. (c) If the sale is confirmed by the court, the sheriff shall execute and deliver to the purchaser a certificate showing that he or she has purchased the land and the price paid for the land. (d) (1) Out of the purchase price, the sheriff shall pay the cost of the sale, retaining for his or her services two percent (2%) of the gross amount received by him or her for the sale of the land, and immediately transmit the balance of the purchase price to the county treasurer of the county for and on account of the school districts located in the township in which the land is located and to be distributed to the districts in the proportion that the territory of each district within the township bears to the total territory of the township. (2) The school districts shall use the funds for any school purposes, including construction of buildings and retirement of bonds. (e) (1) Upon presentation of the certificate of purchase to the Commissioner of State Lands, the purchaser of the lands or lots, as the case may be, and his or her heirs or assigns, shall be entitled to a deed from the Commissioner of State Lands for the land or lots described in the certificate, and the Commissioner of State Lands is authorized to make conveyance of any land or lots sold under and by virtue of this subchapter. (2) The Commissioner of State Lands shall keep a full and complete record of all such sales and of the deeds so issued and shall keep as correct records of sales as the reports made to him or her may enable him or her to do. Acts 1885, No. 103, §§ 8, 18, p. 162; 1919, No. 344, § 5; C. & M. Dig., §§ 9108, 9110, 9113; Pope's Dig., §§ 8764, 8766, 11744, 11746, 11749; Acts 1955, No. 58, § 1; A.S.A. 1947, §§ 10-705, 10-706, 10-709.

(a) The sheriff shall report without delay all sales to the county court, which may reject or confirm the sale.

(b) If any sale is rejected, the county court may direct the sheriff to again advertise and offer the land or lots for sale.

(c) If the sale is confirmed by the court, the sheriff shall execute and deliver to the purchaser a certificate showing that he or she has purchased the land and the price paid for the land.

(d) (1) Out of the purchase price, the sheriff shall pay the cost of the sale, retaining for his or her services two percent (2%) of the gross amount received by him or her for the sale of the land, and immediately transmit the balance of the purchase price to the county treasurer of the county for and on account of the school districts located in the township in which the land is located and to be distributed to the districts in the proportion that the territory of each district within the township bears to the total territory of the township. (2) The school districts shall use the funds for any school purposes, including construction of buildings and retirement of bonds.

(1) Out of the purchase price, the sheriff shall pay the cost of the sale, retaining for his or her services two percent (2%) of the gross amount received by him or her for the sale of the land, and immediately transmit the balance of the purchase price to the county treasurer of the county for and on account of the school districts located in the township in which the land is located and to be distributed to the districts in the proportion that the territory of each district within the township bears to the total territory of the township.

(2) The school districts shall use the funds for any school purposes, including construction of buildings and retirement of bonds.

(e) (1) Upon presentation of the certificate of purchase to the Commissioner of State Lands, the purchaser of the lands or lots, as the case may be, and his or her heirs or assigns, shall be entitled to a deed from the Commissioner of State Lands for the land or lots described in the certificate, and the Commissioner of State Lands is authorized to make conveyance of any land or lots sold under and by virtue of this subchapter. (2) The Commissioner of State Lands shall keep a full and complete record of all such sales and of the deeds so issued and shall keep as correct records of sales as the reports made to him or her may enable him or her to do.

(1) Upon presentation of the certificate of purchase to the Commissioner of State Lands, the purchaser of the lands or lots, as the case may be, and his or her heirs or assigns, shall be entitled to a deed from the Commissioner of State Lands for the land or lots described in the certificate, and the Commissioner of State Lands is authorized to make conveyance of any land or lots sold under and by virtue of this subchapter.

(2) The Commissioner of State Lands shall keep a full and complete record of all such sales and of the deeds so issued and shall keep as correct records of sales as the reports made to him or her may enable him or her to do.

Acts 1885, No. 103, §§ 8, 18, p. 162; 1919, No. 344, § 5; C. & M. Dig., §§ 9108, 9110, 9113; Pope's Dig., §§ 8764, 8766, 11744, 11746, 11749; Acts 1955, No. 58, § 1; A.S.A. 1947, §§ 10-705, 10-706, 10-709.
Ark. Code Ann. § 22-3-1302 — AR Code / Title 22 / Chapter 3 / Subchapter 13 / Section 22-3-1302
Applicability
Status: in_force

This subchapter is not intended to cover the following vending facilities: (1) Vending facilities operated by universities and colleges or the vending facilities provided as an integral part of their services to students or as a training program for students; (2) Food service provided by hospitals or residential institutions of the state as a direct service to patients, inmates, correctional staff, trainees, or otherwise institutionalized persons; and (3) The cafeteria located in the basement of the State Capitol. However, the exemption of the cafeteria located in the basement of the State Capitol shall in no way affect the continued operation of the blind vending facility on the third floor of the State Capitol. Acts 1969, No. 201, § 12; 1975, No. 906, § 1; 1983, No. 768, §§ 1, 2; A.S.A. 1947, § 80-2584.

This subchapter is not intended to cover the following vending facilities:

(1) Vending facilities operated by universities and colleges or the vending facilities provided as an integral part of their services to students or as a training program for students;

(2) Food service provided by hospitals or residential institutions of the state as a direct service to patients, inmates, correctional staff, trainees, or otherwise institutionalized persons; and

(3) The cafeteria located in the basement of the State Capitol. However, the exemption of the cafeteria located in the basement of the State Capitol shall in no way affect the continued operation of the blind vending facility on the third floor of the State Capitol.

Acts 1969, No. 201, § 12; 1975, No. 906, § 1; 1983, No. 768, §§ 1, 2; A.S.A. 1947, § 80-2584.
Ark. Code Ann. § 22-2-110 — AR Code / Title 22 / Chapter 2 / Section 22-2-110
Schedule of supervision generally
Status: in_force

The powers, authorities, and responsibilities of the Secretary of the Department of Transformation and Shared Services relating to the acquisition of properties and to the supervision of all capital improvements, as defined in § 22-2-102 , shall be in accordance with the schedules of supervision as provided in §§ 22-2-111 - 22-2-113 . Amended by Act 2019, No. 910,§ 6160, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 28, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 28, eff. 7/1/2015. Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024.

The powers, authorities, and responsibilities of the Secretary of the Department of Transformation and Shared Services relating to the acquisition of properties and to the supervision of all capital improvements, as defined in § 22-2-102 , shall be in accordance with the schedules of supervision as provided in §§ 22-2-111 - 22-2-113 .

Amended by Act 2019, No. 910,§ 6160, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 28, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 28, eff. 7/1/2015.

Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024.
Ark. Code Ann. § 22-5-203 — AR Code / Title 22 / Chapter 5 / Subchapter 2 / Section 22-5-203
Seal
Status: in_force

The Commissioner of State Lands shall be provided with an official seal for the use of his or her office, and every official paper or document issued by the Commissioner of State Lands shall have the seal of his or her office thereupon, or thereto attached. The seal shall authenticate every official paper issued by him or her. Acts 1868, No. 20, § 18, p. 61; C. & M. Dig., § 6574; Pope's Dig., § 8605; A.S.A. 1947, § 10-104.

The Commissioner of State Lands shall be provided with an official seal for the use of his or her office, and every official paper or document issued by the Commissioner of State Lands shall have the seal of his or her office thereupon, or thereto attached. The seal shall authenticate every official paper issued by him or her.

Acts 1868, No. 20, § 18, p. 61; C. & M. Dig., § 6574; Pope's Dig., § 8605; A.S.A. 1947, § 10-104.
Ark. Code Ann. § 22-3-2101 — AR Code / Title 22 / Chapter 3 / Subchapter 21 / Section 22-3-2101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas State Capitol and Historical Monument Protection Act". Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.

This subchapter shall be known and may be cited as the "Arkansas State Capitol and Historical Monument Protection Act".

Added by Act 2021, No. 1003,§ 1, eff. 4/28/2021.
Ark. Code Ann. § 22-2-105 — AR Code / Title 22 / Chapter 2 / Section 22-2-105
Secretary of the Department of Transformation and Shared Services - Duties
Status: in_force

(a) The Secretary of the Department of Transformation and Shared Services may hire sufficient staff as authorized by legislation to perform the duties of the Building Authority Division. Personnel employed by the secretary shall be compensated according to the Uniform Classification and Compensation Act, § 21-5-201 et seq., for similar duties and responsibilities. (b) The secretary shall be responsible for administering the rules and policies adopted by the Department of Transformation and Shared Services pursuant to the provisions of this chapter. (c) The secretary shall be the disbursing agent for the division and shall pay any and all accounts. The disbursing agent shall furnish and keep in effect a bond to the state with a corporate surety thereon which, together with any other bonds furnished by him or her, shall total in final sum not less than fifty thousand dollars ($50,000) and is conditioned that he or she will faithfully perform his or her duties and properly handle all funds received and disbursed by him or her and account for those funds. The bond so furnished shall be filed in the office of the Auditor of State. The premium on the bond shall be a proper charge against funds of the division. Amended by Act 2019, No. 315,§ 2341, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6156, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 53, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 53, eff. 5/23/2016. Amended by Act 2015EX1, No. 8,§ 23, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 23, eff. 7/1/2015. Acts 1975, No. 716, § 4; A.S.A. 1947, § 5-1021.

(a) The Secretary of the Department of Transformation and Shared Services may hire sufficient staff as authorized by legislation to perform the duties of the Building Authority Division. Personnel employed by the secretary shall be compensated according to the Uniform Classification and Compensation Act, § 21-5-201 et seq., for similar duties and responsibilities.

(b) The secretary shall be responsible for administering the rules and policies adopted by the Department of Transformation and Shared Services pursuant to the provisions of this chapter.

(c) The secretary shall be the disbursing agent for the division and shall pay any and all accounts. The disbursing agent shall furnish and keep in effect a bond to the state with a corporate surety thereon which, together with any other bonds furnished by him or her, shall total in final sum not less than fifty thousand dollars ($50,000) and is conditioned that he or she will faithfully perform his or her duties and properly handle all funds received and disbursed by him or her and account for those funds. The bond so furnished shall be filed in the office of the Auditor of State. The premium on the bond shall be a proper charge against funds of the division.

Amended by Act 2019, No. 315,§ 2341, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6156, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 53, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 53, eff. 5/23/2016.

Amended by Act 2015EX1, No. 8,§ 23, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 23, eff. 7/1/2015.

Acts 1975, No. 716, § 4; A.S.A. 1947, § 5-1021.