Ark. Code Ann. § 22-3-1207 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1207
Certificates of indebtedness - Issuance and purchase authorized
Status: in_force

(a) (1) For the purpose of providing funds for the construction of buildings as authorized in this subchapter, the Director of the Building Authority Division, with the approval of the Governor and the Secretary of the Department of Transformation and Shared Services, is authorized and empowered to issue, and the State Board of Finance is authorized and empowered to purchase, Building Authority Division certificates of indebtedness of a total principal amount not to exceed twenty-five million dollars ($25,000,000). (2) However, this authority shall be continuing, solely for the purposes as authorized in § 22-3-1205(a)(1) and (2) , so long as the total outstanding principal amount of the Building Authority Division certificates of indebtedness shall not exceed, at any one time, more than twenty-five million dollars ($25,000,000). (b) The sale and purchase price of the certificates shall be at their par value. Amended by Act 2019, No. 910,§ 6198, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 66, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 66, eff. 5/23/2016. Acts 1983, No. 458, § 4; 1983 (Ex. Sess.), No. 112, § 3; A.S.A. 1947, § 13-2604; Acts 1987, No. 652, § 2.

(a) (1) For the purpose of providing funds for the construction of buildings as authorized in this subchapter, the Director of the Building Authority Division, with the approval of the Governor and the Secretary of the Department of Transformation and Shared Services, is authorized and empowered to issue, and the State Board of Finance is authorized and empowered to purchase, Building Authority Division certificates of indebtedness of a total principal amount not to exceed twenty-five million dollars ($25,000,000). (2) However, this authority shall be continuing, solely for the purposes as authorized in § 22-3-1205(a)(1) and (2) , so long as the total outstanding principal amount of the Building Authority Division certificates of indebtedness shall not exceed, at any one time, more than twenty-five million dollars ($25,000,000).

(1) For the purpose of providing funds for the construction of buildings as authorized in this subchapter, the Director of the Building Authority Division, with the approval of the Governor and the Secretary of the Department of Transformation and Shared Services, is authorized and empowered to issue, and the State Board of Finance is authorized and empowered to purchase, Building Authority Division certificates of indebtedness of a total principal amount not to exceed twenty-five million dollars ($25,000,000).

(2) However, this authority shall be continuing, solely for the purposes as authorized in § 22-3-1205(a)(1) and (2) , so long as the total outstanding principal amount of the Building Authority Division certificates of indebtedness shall not exceed, at any one time, more than twenty-five million dollars ($25,000,000).

(b) The sale and purchase price of the certificates shall be at their par value.

Amended by Act 2019, No. 910,§ 6198, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 66, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 66, eff. 5/23/2016.

Acts 1983, No. 458, § 4; 1983 (Ex. Sess.), No. 112, § 3; A.S.A. 1947, § 13-2604; Acts 1987, No. 652, § 2.
Ark. Code Ann. § 22-10-304 — AR Code / Title 22 / Chapter 10 / Subchapter 3 / Section 22-10-304
Financing of qualifying project
Status: in_force

(a) (1) Financing of a qualifying project may be in the amounts and upon the terms and conditions stated in the interim agreement or the comprehensive agreement. (2) (A) A qualifying project may be financed by the qualified respondent or the responsible public entity, or both, and the qualified respondent and the responsible public entity may utilize any funding resources available to them, including without limitation to the fullest extent permitted by applicable law, issuing debt, equity, or other securities or obligations, entering into leases, accessing designated trust funds, and borrowing or accepting grants from any state, federal, or private source. (B) Debt issued by a responsible public entity for the development of a qualifying project may be evidenced by the issuance of taxable or tax-exempt bonds, promissory notes, lease-purchase agreements, or other evidences of indebtedness that are specified in the comprehensive agreement. (C) However, bonds issued by a responsible public entity under this chapter: (i) Shall state plainly on the face of the bonds that the bonds are issued under this chapter; (ii) Are obligations only of the responsible public entity; (iii) Do not constitute an indebtedness of the state or a pledge of the full faith and credit of the state; and (iv) Shall not be secured by a lien or security interest in any property of the state. (3) (A) Except as provided in subdivision (a)(2)(C) of this section, financing for a qualifying project by a responsible public entity may be secured by a pledge of, security interest in, or lien on the real or personal property of the public entity, including without limitation any property interests in the qualifying project or the qualifying project revenues the responsible public entity is entitled to receive. (B) Financing for a qualifying project by the qualified respondent may be secured by a pledge of, security interest in, or lien on the real or personal property of the qualified respondent, including without limitation any property interests in the qualifying project or the qualifying project revenues the qualified respondent is entitled to receive. (b) (1) The responsible public entity may take action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter, including without limitation entering into any contracts required to receive such assistance. (2) All or any portion of the costs of a qualifying project may be paid, directly or indirectly, from the proceeds of a grant or loan made by the state government, the United States Government, or a public entity if it would serve the public purpose of this chapter. (c) In addition to the financing methods allowed under subsection (a) of this section, a qualifying project may be financed through: (1) Capital provided by either the responsible public entity or the qualified respondent; (2) The available funds of the responsible public entity that may legally be used to finance the qualifying project; (3) The operating expenses of the responsible public entity; (4) Revenues of the qualifying project; (5) Any tax credits or other incentives for which the qualifying project or the qualified respondent may qualify; (6) Governmental or third-party grants; and (7) Any other available capital or funding sources of the responsible public entity or the qualified respondent. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) (1) Financing of a qualifying project may be in the amounts and upon the terms and conditions stated in the interim agreement or the comprehensive agreement. (2) (A) A qualifying project may be financed by the qualified respondent or the responsible public entity, or both, and the qualified respondent and the responsible public entity may utilize any funding resources available to them, including without limitation to the fullest extent permitted by applicable law, issuing debt, equity, or other securities or obligations, entering into leases, accessing designated trust funds, and borrowing or accepting grants from any state, federal, or private source. (B) Debt issued by a responsible public entity for the development of a qualifying project may be evidenced by the issuance of taxable or tax-exempt bonds, promissory notes, lease-purchase agreements, or other evidences of indebtedness that are specified in the comprehensive agreement. (C) However, bonds issued by a responsible public entity under this chapter: (i) Shall state plainly on the face of the bonds that the bonds are issued under this chapter; (ii) Are obligations only of the responsible public entity; (iii) Do not constitute an indebtedness of the state or a pledge of the full faith and credit of the state; and (iv) Shall not be secured by a lien or security interest in any property of the state. (3) (A) Except as provided in subdivision (a)(2)(C) of this section, financing for a qualifying project by a responsible public entity may be secured by a pledge of, security interest in, or lien on the real or personal property of the public entity, including without limitation any property interests in the qualifying project or the qualifying project revenues the responsible public entity is entitled to receive. (B) Financing for a qualifying project by the qualified respondent may be secured by a pledge of, security interest in, or lien on the real or personal property of the qualified respondent, including without limitation any property interests in the qualifying project or the qualifying project revenues the qualified respondent is entitled to receive.

(1) Financing of a qualifying project may be in the amounts and upon the terms and conditions stated in the interim agreement or the comprehensive agreement.

(2) (A) A qualifying project may be financed by the qualified respondent or the responsible public entity, or both, and the qualified respondent and the responsible public entity may utilize any funding resources available to them, including without limitation to the fullest extent permitted by applicable law, issuing debt, equity, or other securities or obligations, entering into leases, accessing designated trust funds, and borrowing or accepting grants from any state, federal, or private source. (B) Debt issued by a responsible public entity for the development of a qualifying project may be evidenced by the issuance of taxable or tax-exempt bonds, promissory notes, lease-purchase agreements, or other evidences of indebtedness that are specified in the comprehensive agreement. (C) However, bonds issued by a responsible public entity under this chapter: (i) Shall state plainly on the face of the bonds that the bonds are issued under this chapter; (ii) Are obligations only of the responsible public entity; (iii) Do not constitute an indebtedness of the state or a pledge of the full faith and credit of the state; and (iv) Shall not be secured by a lien or security interest in any property of the state.

(A) A qualifying project may be financed by the qualified respondent or the responsible public entity, or both, and the qualified respondent and the responsible public entity may utilize any funding resources available to them, including without limitation to the fullest extent permitted by applicable law, issuing debt, equity, or other securities or obligations, entering into leases, accessing designated trust funds, and borrowing or accepting grants from any state, federal, or private source.

(B) Debt issued by a responsible public entity for the development of a qualifying project may be evidenced by the issuance of taxable or tax-exempt bonds, promissory notes, lease-purchase agreements, or other evidences of indebtedness that are specified in the comprehensive agreement.

(C) However, bonds issued by a responsible public entity under this chapter: (i) Shall state plainly on the face of the bonds that the bonds are issued under this chapter; (ii) Are obligations only of the responsible public entity; (iii) Do not constitute an indebtedness of the state or a pledge of the full faith and credit of the state; and (iv) Shall not be secured by a lien or security interest in any property of the state.

(i) Shall state plainly on the face of the bonds that the bonds are issued under this chapter;

(ii) Are obligations only of the responsible public entity;

(iii) Do not constitute an indebtedness of the state or a pledge of the full faith and credit of the state; and

(iv) Shall not be secured by a lien or security interest in any property of the state.

(3) (A) Except as provided in subdivision (a)(2)(C) of this section, financing for a qualifying project by a responsible public entity may be secured by a pledge of, security interest in, or lien on the real or personal property of the public entity, including without limitation any property interests in the qualifying project or the qualifying project revenues the responsible public entity is entitled to receive. (B) Financing for a qualifying project by the qualified respondent may be secured by a pledge of, security interest in, or lien on the real or personal property of the qualified respondent, including without limitation any property interests in the qualifying project or the qualifying project revenues the qualified respondent is entitled to receive.

(A) Except as provided in subdivision (a)(2)(C) of this section, financing for a qualifying project by a responsible public entity may be secured by a pledge of, security interest in, or lien on the real or personal property of the public entity, including without limitation any property interests in the qualifying project or the qualifying project revenues the responsible public entity is entitled to receive.

(B) Financing for a qualifying project by the qualified respondent may be secured by a pledge of, security interest in, or lien on the real or personal property of the qualified respondent, including without limitation any property interests in the qualifying project or the qualifying project revenues the qualified respondent is entitled to receive.

(b) (1) The responsible public entity may take action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter, including without limitation entering into any contracts required to receive such assistance. (2) All or any portion of the costs of a qualifying project may be paid, directly or indirectly, from the proceeds of a grant or loan made by the state government, the United States Government, or a public entity if it would serve the public purpose of this chapter.

(1) The responsible public entity may take action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter, including without limitation entering into any contracts required to receive such assistance.

(2) All or any portion of the costs of a qualifying project may be paid, directly or indirectly, from the proceeds of a grant or loan made by the state government, the United States Government, or a public entity if it would serve the public purpose of this chapter.

(c) In addition to the financing methods allowed under subsection (a) of this section, a qualifying project may be financed through: (1) Capital provided by either the responsible public entity or the qualified respondent; (2) The available funds of the responsible public entity that may legally be used to finance the qualifying project; (3) The operating expenses of the responsible public entity; (4) Revenues of the qualifying project; (5) Any tax credits or other incentives for which the qualifying project or the qualified respondent may qualify; (6) Governmental or third-party grants; and (7) Any other available capital or funding sources of the responsible public entity or the qualified respondent.

(1) Capital provided by either the responsible public entity or the qualified respondent;

(2) The available funds of the responsible public entity that may legally be used to finance the qualifying project;

(3) The operating expenses of the responsible public entity;

(4) Revenues of the qualifying project;

(5) Any tax credits or other incentives for which the qualifying project or the qualified respondent may qualify;

(6) Governmental or third-party grants; and

(7) Any other available capital or funding sources of the responsible public entity or the qualified respondent.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-6-601 — AR Code / Title 22 / Chapter 6 / Subchapter 6 / Section 22-6-601
Sale procedure
Status: in_force

(a) (1) (A) The several state boards or commissions having supervision of the affairs of the charitable, penal, correctional, educational, and other institutions of the State of Arkansas and all other state boards and commissions, except the State Highway Commission, the Arkansas State Game and Fish Commission, the Arkansas Natural Heritage Commission, the State Parks, Recreation, and Travel Commission, the Division of Higher Education, and institutions of higher education, and the executive heads of all state offices, departments, divisions, and agencies, all referred to separately as "state agency", may sell or purchase, for cash in hand and upon compliance with the provisions of this section, the lands, in whole or in part, belonging to or under the supervision or control of the respective state agency or belonging to the state and held for the use or benefit of the state agency. (B) State agencies may purchase lands, so that the lands, in whole or in part, shall belong to or be under the supervision or control of the respective state agency or belong to the state and be held for the use or benefit of the state agency. (2) The provisions of this section shall not apply to: (A) The sale of land by the Commissioner of State Lands; (B) The transfer of state lands to political subdivisions of the State of Arkansas; (C) The transfer of state lands between state entities; or (D) The exchange of state lands for other lands which are suitable for state purposes if the Secretary of the Department of Finance and Administration has made a recommendation to the Governor that the exchange be made and if the Governor has approved the exchange. (b) (1) State agencies may transfer lands in whole or in part to the Building Authority Division for the use of that state agency or other state agencies. (2) In the event that the Building Authority Division shall sell the lands at a later date, the provisions of this section shall apply, and the proceeds of the sale, less any expenses and liquidated damages, shall be deposited into the State Treasury as a nonrevenue receipt to the credit of the fund from which the state agency that transferred the land to the Building Authority Division is operated. (c) (1) In the event that a state agency elects to sell certain of its lands or to purchase lands, the state agency shall certify to the Building Authority Division its proposal for any sale or purchase. (2) (A) The state agency proposing the sale or purchase of land shall obtain the services of a qualified appraiser to appraise the lands so proposed to be sold or purchased, with notice to the Secretary of the Department of Transformation and Shared Services. (B) The appraiser selected by the state agency, by education or experience, shall: (i) Be capable of determining the value of lands, water and mineral rights, timber, and rural, agricultural, and noncultivatable lands; (ii) Understand legal descriptions of real properties; (iii) Have a working knowledge of county and state real property records; and (iv) Be capable of rendering dependable judgments of the values of properties, determining the flood plains of the properties, and of previous uses of the properties, which may result in environmental remediation. (C) The appraiser shall be licensed and certified by the State Board of Appraisers, Abstracters, and Home Inspectors. (D) The appraiser shall take an oath or certify that he or she will not, directly or indirectly, be engaged in the purchasing or selling of the land or give information to any agent, friend, secret partner, or other partner so as to secure advantages of the information to himself or herself or any person, association, or company to the prejudice or exclusion of any other person. (d) (1) The Secretary of the Department of Transformation and Shared Services shall furnish to the Governor: (A) The appraisal; (B) The state agency proposal to sell or purchase; and (C) The Building Authority Division recommendations. (2) The Governor, if he or she approves the proposed sale or purchase, shall endorse his or her approval of the proposal and transmit a copy of the proposal to the Secretary of the Department of Finance and Administration and the Secretary of the Department of Transformation and Shared Services. (e) (1) The Building Authority Division shall give notice of the terms of the sale by publication in one (1) newspaper regularly published in Little Rock, Arkansas, and having a general circulation in the State of Arkansas, by four (4) weekly insertions therein. (2) If there is a newspaper published in the county in which the lands are located having a general circulation therein, the notice shall also be published in that newspaper one (1) time a week for four (4) consecutive weeks, provided the land may be advertised for sale as a whole or in separate tracts. (f) The notice shall specify a time and place, which time shall be not less than thirty (30) days from and after the date of the first insertion of the notice, for the receipt by the Building Authority Division of sealed bids for the purchase of the lands. (g) (1) Each bid shall be accompanied by a cashier's check, payable to the order of the state agency and drawn upon a bank or trust company doing business in this state, in an amount equal to one-tenth ( 1 / 10 ) of the bid. (2) The proceeds of the cashier's check of the successful bidder shall be credited against the bid upon payment of the balance or shall be retained by the state agency as liquidated damages upon failure to tender and pay the balance of the bid price. (3) Cashier's checks of unsuccessful bidders shall be returned to them upon the completion of the sale to the successful bidder. (4) The Building Authority Division, at the time and place specified in the notice, or by announcement then and there, or at some other time or place, shall open the bids which have been received and proceed to accept the highest bid properly accompanied by a cashier's check for the lands in whole or in part as offered for such sale. (h) (1) The lands shall be sold for the highest aggregate responsible bid, and no sale shall be otherwise than for cash, nor for less than the amount of the appraisal. (2) (A) (i) (a) Upon approval by the Governor, lands may be sold to the highest responsible bidder for less than the amount of the appraisal if the bid process has been utilized and it has been determined and recommended by the state agency director and the Secretary of the Department of Transformation and Shared Services that further solicitation of bids is unnecessary. (b) Upon approval, the state agency may enter into negotiations with the highest responsible bidder for the sale of the lands. (ii) If negotiations are unsuccessful, the state agency may enter into negotiations with the next highest responsible bidder. (B) Nothing shall preclude an agency from reletting bids under this section if the negotiations as stated in subdivision (h)(2)(A) of this section are unsuccessful. (C) The Legislative Council shall review the sale of the land before the state agency finalizes the sale. (i) (1) Upon receipt from the successful bidder of the full amount of his or her bid, the state agency shall execute and deliver its deed conveying the lands to him or her and shall certify a copy of the deed to the Governor. (2) The deed shall recite in detail the compliance with the respective provisions of this section, which recitals shall be prima facie evidence of the facts so set forth. (3) The deed need not be acknowledged to entitle it to be recorded. (4) The effect of the deed, the provisions of this section having been substantially complied with in the sale, shall be to vest the purchaser with the title of the lands, at law and in equity, in fee simple absolute. (5) Any conveyance of title to lands owned by the State of Arkansas shall be subject to § 22-6-113 . (j) Upon receipt thereof, the proceeds of the sale, including any liquidated damages, shall be deposited into the State Treasury, as a nonrevenue receipt, to the credit of the fund from which the state agency is operated. Any unexpended balance of such proceeds remaining at the end of each fiscal year as certified to the Chief Fiscal Officer of the State by the state agency director may be carried forward until the end of the biennium following the biennium in which collected, after which any remaining balances shall be subject to § 19-5-1004 . (k) (1) Before any state agency may receive donated land, the state agency director shall certify the proposed donation request to the Building Authority Division. (2) The Secretary of the Department of Transformation and Shared Services shall forward a recommendation to the Governor. (3) No donation shall be made without approval from the Governor. (l) Before a state agency purchases real property, the state agency shall consult the Arkansas Buildings & Sites Database maintained by the Arkansas Economic Development Commission to determine if there is a property available for purchase that meets the practical and financial needs and specifications of the state agency. Amended by Act 2023, No. 628,§ 67, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6234, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6233, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6232, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6231, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6230, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6229, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6228, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6227, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6226, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3501, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3500, eff. 7/1/2019. Amended by Act 2015, No. 879,§ 2, eff. 7/22/2015. Acts 1937, No. 317, § 1; Pope's Dig., § 12805; Acts 1963, No. 65, § 1; A.S.A. 1947, § 7-105; Acts 1987, No. 982, § 1; 1991, No. 786, §§ 35, 36; 1994 (2nd Ex. Sess.), No. 65, § 1; 1995, No. 853, § 1; 1997, No. 265, §§ 1-4; 1999, No. 219, § 1; 2001, No. 741, §§ 1-3; 2003, No. 364, §§ 16, 17.

(a) (1) (A) The several state boards or commissions having supervision of the affairs of the charitable, penal, correctional, educational, and other institutions of the State of Arkansas and all other state boards and commissions, except the State Highway Commission, the Arkansas State Game and Fish Commission, the Arkansas Natural Heritage Commission, the State Parks, Recreation, and Travel Commission, the Division of Higher Education, and institutions of higher education, and the executive heads of all state offices, departments, divisions, and agencies, all referred to separately as "state agency", may sell or purchase, for cash in hand and upon compliance with the provisions of this section, the lands, in whole or in part, belonging to or under the supervision or control of the respective state agency or belonging to the state and held for the use or benefit of the state agency. (B) State agencies may purchase lands, so that the lands, in whole or in part, shall belong to or be under the supervision or control of the respective state agency or belong to the state and be held for the use or benefit of the state agency. (2) The provisions of this section shall not apply to: (A) The sale of land by the Commissioner of State Lands; (B) The transfer of state lands to political subdivisions of the State of Arkansas; (C) The transfer of state lands between state entities; or (D) The exchange of state lands for other lands which are suitable for state purposes if the Secretary of the Department of Finance and Administration has made a recommendation to the Governor that the exchange be made and if the Governor has approved the exchange.

(1) (A) The several state boards or commissions having supervision of the affairs of the charitable, penal, correctional, educational, and other institutions of the State of Arkansas and all other state boards and commissions, except the State Highway Commission, the Arkansas State Game and Fish Commission, the Arkansas Natural Heritage Commission, the State Parks, Recreation, and Travel Commission, the Division of Higher Education, and institutions of higher education, and the executive heads of all state offices, departments, divisions, and agencies, all referred to separately as "state agency", may sell or purchase, for cash in hand and upon compliance with the provisions of this section, the lands, in whole or in part, belonging to or under the supervision or control of the respective state agency or belonging to the state and held for the use or benefit of the state agency. (B) State agencies may purchase lands, so that the lands, in whole or in part, shall belong to or be under the supervision or control of the respective state agency or belong to the state and be held for the use or benefit of the state agency.

(A) The several state boards or commissions having supervision of the affairs of the charitable, penal, correctional, educational, and other institutions of the State of Arkansas and all other state boards and commissions, except the State Highway Commission, the Arkansas State Game and Fish Commission, the Arkansas Natural Heritage Commission, the State Parks, Recreation, and Travel Commission, the Division of Higher Education, and institutions of higher education, and the executive heads of all state offices, departments, divisions, and agencies, all referred to separately as "state agency", may sell or purchase, for cash in hand and upon compliance with the provisions of this section, the lands, in whole or in part, belonging to or under the supervision or control of the respective state agency or belonging to the state and held for the use or benefit of the state agency.

(B) State agencies may purchase lands, so that the lands, in whole or in part, shall belong to or be under the supervision or control of the respective state agency or belong to the state and be held for the use or benefit of the state agency.

(2) The provisions of this section shall not apply to: (A) The sale of land by the Commissioner of State Lands; (B) The transfer of state lands to political subdivisions of the State of Arkansas; (C) The transfer of state lands between state entities; or (D) The exchange of state lands for other lands which are suitable for state purposes if the Secretary of the Department of Finance and Administration has made a recommendation to the Governor that the exchange be made and if the Governor has approved the exchange.

(A) The sale of land by the Commissioner of State Lands;

(B) The transfer of state lands to political subdivisions of the State of Arkansas;

(C) The transfer of state lands between state entities; or

(D) The exchange of state lands for other lands which are suitable for state purposes if the Secretary of the Department of Finance and Administration has made a recommendation to the Governor that the exchange be made and if the Governor has approved the exchange.

(b) (1) State agencies may transfer lands in whole or in part to the Building Authority Division for the use of that state agency or other state agencies. (2) In the event that the Building Authority Division shall sell the lands at a later date, the provisions of this section shall apply, and the proceeds of the sale, less any expenses and liquidated damages, shall be deposited into the State Treasury as a nonrevenue receipt to the credit of the fund from which the state agency that transferred the land to the Building Authority Division is operated.

(1) State agencies may transfer lands in whole or in part to the Building Authority Division for the use of that state agency or other state agencies.

(2) In the event that the Building Authority Division shall sell the lands at a later date, the provisions of this section shall apply, and the proceeds of the sale, less any expenses and liquidated damages, shall be deposited into the State Treasury as a nonrevenue receipt to the credit of the fund from which the state agency that transferred the land to the Building Authority Division is operated.

(c) (1) In the event that a state agency elects to sell certain of its lands or to purchase lands, the state agency shall certify to the Building Authority Division its proposal for any sale or purchase. (2) (A) The state agency proposing the sale or purchase of land shall obtain the services of a qualified appraiser to appraise the lands so proposed to be sold or purchased, with notice to the Secretary of the Department of Transformation and Shared Services. (B) The appraiser selected by the state agency, by education or experience, shall: (i) Be capable of determining the value of lands, water and mineral rights, timber, and rural, agricultural, and noncultivatable lands; (ii) Understand legal descriptions of real properties; (iii) Have a working knowledge of county and state real property records; and (iv) Be capable of rendering dependable judgments of the values of properties, determining the flood plains of the properties, and of previous uses of the properties, which may result in environmental remediation. (C) The appraiser shall be licensed and certified by the State Board of Appraisers, Abstracters, and Home Inspectors. (D) The appraiser shall take an oath or certify that he or she will not, directly or indirectly, be engaged in the purchasing or selling of the land or give information to any agent, friend, secret partner, or other partner so as to secure advantages of the information to himself or herself or any person, association, or company to the prejudice or exclusion of any other person.

(1) In the event that a state agency elects to sell certain of its lands or to purchase lands, the state agency shall certify to the Building Authority Division its proposal for any sale or purchase.

(2) (A) The state agency proposing the sale or purchase of land shall obtain the services of a qualified appraiser to appraise the lands so proposed to be sold or purchased, with notice to the Secretary of the Department of Transformation and Shared Services. (B) The appraiser selected by the state agency, by education or experience, shall: (i) Be capable of determining the value of lands, water and mineral rights, timber, and rural, agricultural, and noncultivatable lands; (ii) Understand legal descriptions of real properties; (iii) Have a working knowledge of county and state real property records; and (iv) Be capable of rendering dependable judgments of the values of properties, determining the flood plains of the properties, and of previous uses of the properties, which may result in environmental remediation. (C) The appraiser shall be licensed and certified by the State Board of Appraisers, Abstracters, and Home Inspectors. (D) The appraiser shall take an oath or certify that he or she will not, directly or indirectly, be engaged in the purchasing or selling of the land or give information to any agent, friend, secret partner, or other partner so as to secure advantages of the information to himself or herself or any person, association, or company to the prejudice or exclusion of any other person.

(A) The state agency proposing the sale or purchase of land shall obtain the services of a qualified appraiser to appraise the lands so proposed to be sold or purchased, with notice to the Secretary of the Department of Transformation and Shared Services.

(B) The appraiser selected by the state agency, by education or experience, shall: (i) Be capable of determining the value of lands, water and mineral rights, timber, and rural, agricultural, and noncultivatable lands; (ii) Understand legal descriptions of real properties; (iii) Have a working knowledge of county and state real property records; and (iv) Be capable of rendering dependable judgments of the values of properties, determining the flood plains of the properties, and of previous uses of the properties, which may result in environmental remediation.

(i) Be capable of determining the value of lands, water and mineral rights, timber, and rural, agricultural, and noncultivatable lands;

(ii) Understand legal descriptions of real properties;

(iii) Have a working knowledge of county and state real property records; and

(iv) Be capable of rendering dependable judgments of the values of properties, determining the flood plains of the properties, and of previous uses of the properties, which may result in environmental remediation.

(C) The appraiser shall be licensed and certified by the State Board of Appraisers, Abstracters, and Home Inspectors.

(D) The appraiser shall take an oath or certify that he or she will not, directly or indirectly, be engaged in the purchasing or selling of the land or give information to any agent, friend, secret partner, or other partner so as to secure advantages of the information to himself or herself or any person, association, or company to the prejudice or exclusion of any other person.

(d) (1) The Secretary of the Department of Transformation and Shared Services shall furnish to the Governor: (A) The appraisal; (B) The state agency proposal to sell or purchase; and (C) The Building Authority Division recommendations. (2) The Governor, if he or she approves the proposed sale or purchase, shall endorse his or her approval of the proposal and transmit a copy of the proposal to the Secretary of the Department of Finance and Administration and the Secretary of the Department of Transformation and Shared Services.

(1) The Secretary of the Department of Transformation and Shared Services shall furnish to the Governor: (A) The appraisal; (B) The state agency proposal to sell or purchase; and (C) The Building Authority Division recommendations.

(A) The appraisal;

(B) The state agency proposal to sell or purchase; and

(C) The Building Authority Division recommendations.

(2) The Governor, if he or she approves the proposed sale or purchase, shall endorse his or her approval of the proposal and transmit a copy of the proposal to the Secretary of the Department of Finance and Administration and the Secretary of the Department of Transformation and Shared Services.

(e) (1) The Building Authority Division shall give notice of the terms of the sale by publication in one (1) newspaper regularly published in Little Rock, Arkansas, and having a general circulation in the State of Arkansas, by four (4) weekly insertions therein. (2) If there is a newspaper published in the county in which the lands are located having a general circulation therein, the notice shall also be published in that newspaper one (1) time a week for four (4) consecutive weeks, provided the land may be advertised for sale as a whole or in separate tracts.

(1) The Building Authority Division shall give notice of the terms of the sale by publication in one (1) newspaper regularly published in Little Rock, Arkansas, and having a general circulation in the State of Arkansas, by four (4) weekly insertions therein.

(2) If there is a newspaper published in the county in which the lands are located having a general circulation therein, the notice shall also be published in that newspaper one (1) time a week for four (4) consecutive weeks, provided the land may be advertised for sale as a whole or in separate tracts.

(f) The notice shall specify a time and place, which time shall be not less than thirty (30) days from and after the date of the first insertion of the notice, for the receipt by the Building Authority Division of sealed bids for the purchase of the lands.

(g) (1) Each bid shall be accompanied by a cashier's check, payable to the order of the state agency and drawn upon a bank or trust company doing business in this state, in an amount equal to one-tenth ( 1 / 10 ) of the bid. (2) The proceeds of the cashier's check of the successful bidder shall be credited against the bid upon payment of the balance or shall be retained by the state agency as liquidated damages upon failure to tender and pay the balance of the bid price. (3) Cashier's checks of unsuccessful bidders shall be returned to them upon the completion of the sale to the successful bidder. (4) The Building Authority Division, at the time and place specified in the notice, or by announcement then and there, or at some other time or place, shall open the bids which have been received and proceed to accept the highest bid properly accompanied by a cashier's check for the lands in whole or in part as offered for such sale.

(1) Each bid shall be accompanied by a cashier's check, payable to the order of the state agency and drawn upon a bank or trust company doing business in this state, in an amount equal to one-tenth ( 1 / 10 ) of the bid.

(2) The proceeds of the cashier's check of the successful bidder shall be credited against the bid upon payment of the balance or shall be retained by the state agency as liquidated damages upon failure to tender and pay the balance of the bid price.

(3) Cashier's checks of unsuccessful bidders shall be returned to them upon the completion of the sale to the successful bidder.

(4) The Building Authority Division, at the time and place specified in the notice, or by announcement then and there, or at some other time or place, shall open the bids which have been received and proceed to accept the highest bid properly accompanied by a cashier's check for the lands in whole or in part as offered for such sale.

(h) (1) The lands shall be sold for the highest aggregate responsible bid, and no sale shall be otherwise than for cash, nor for less than the amount of the appraisal. (2) (A) (i) (a) Upon approval by the Governor, lands may be sold to the highest responsible bidder for less than the amount of the appraisal if the bid process has been utilized and it has been determined and recommended by the state agency director and the Secretary of the Department of Transformation and Shared Services that further solicitation of bids is unnecessary. (b) Upon approval, the state agency may enter into negotiations with the highest responsible bidder for the sale of the lands. (ii) If negotiations are unsuccessful, the state agency may enter into negotiations with the next highest responsible bidder. (B) Nothing shall preclude an agency from reletting bids under this section if the negotiations as stated in subdivision (h)(2)(A) of this section are unsuccessful. (C) The Legislative Council shall review the sale of the land before the state agency finalizes the sale.

(1) The lands shall be sold for the highest aggregate responsible bid, and no sale shall be otherwise than for cash, nor for less than the amount of the appraisal.

(2) (A) (i) (a) Upon approval by the Governor, lands may be sold to the highest responsible bidder for less than the amount of the appraisal if the bid process has been utilized and it has been determined and recommended by the state agency director and the Secretary of the Department of Transformation and Shared Services that further solicitation of bids is unnecessary. (b) Upon approval, the state agency may enter into negotiations with the highest responsible bidder for the sale of the lands. (ii) If negotiations are unsuccessful, the state agency may enter into negotiations with the next highest responsible bidder. (B) Nothing shall preclude an agency from reletting bids under this section if the negotiations as stated in subdivision (h)(2)(A) of this section are unsuccessful. (C) The Legislative Council shall review the sale of the land before the state agency finalizes the sale.

(A) (i) (a) Upon approval by the Governor, lands may be sold to the highest responsible bidder for less than the amount of the appraisal if the bid process has been utilized and it has been determined and recommended by the state agency director and the Secretary of the Department of Transformation and Shared Services that further solicitation of bids is unnecessary. (b) Upon approval, the state agency may enter into negotiations with the highest responsible bidder for the sale of the lands. (ii) If negotiations are unsuccessful, the state agency may enter into negotiations with the next highest responsible bidder.

(i) (a) Upon approval by the Governor, lands may be sold to the highest responsible bidder for less than the amount of the appraisal if the bid process has been utilized and it has been determined and recommended by the state agency director and the Secretary of the Department of Transformation and Shared Services that further solicitation of bids is unnecessary. (b) Upon approval, the state agency may enter into negotiations with the highest responsible bidder for the sale of the lands.

(a) Upon approval by the Governor, lands may be sold to the highest responsible bidder for less than the amount of the appraisal if the bid process has been utilized and it has been determined and recommended by the state agency director and the Secretary of the Department of Transformation and Shared Services that further solicitation of bids is unnecessary.

(b) Upon approval, the state agency may enter into negotiations with the highest responsible bidder for the sale of the lands.

(ii) If negotiations are unsuccessful, the state agency may enter into negotiations with the next highest responsible bidder.

(B) Nothing shall preclude an agency from reletting bids under this section if the negotiations as stated in subdivision (h)(2)(A) of this section are unsuccessful.

(C) The Legislative Council shall review the sale of the land before the state agency finalizes the sale.

(i) (1) Upon receipt from the successful bidder of the full amount of his or her bid, the state agency shall execute and deliver its deed conveying the lands to him or her and shall certify a copy of the deed to the Governor. (2) The deed shall recite in detail the compliance with the respective provisions of this section, which recitals shall be prima facie evidence of the facts so set forth. (3) The deed need not be acknowledged to entitle it to be recorded. (4) The effect of the deed, the provisions of this section having been substantially complied with in the sale, shall be to vest the purchaser with the title of the lands, at law and in equity, in fee simple absolute. (5) Any conveyance of title to lands owned by the State of Arkansas shall be subject to § 22-6-113 .

(1) Upon receipt from the successful bidder of the full amount of his or her bid, the state agency shall execute and deliver its deed conveying the lands to him or her and shall certify a copy of the deed to the Governor.

(2) The deed shall recite in detail the compliance with the respective provisions of this section, which recitals shall be prima facie evidence of the facts so set forth.

(3) The deed need not be acknowledged to entitle it to be recorded.

(4) The effect of the deed, the provisions of this section having been substantially complied with in the sale, shall be to vest the purchaser with the title of the lands, at law and in equity, in fee simple absolute.

(5) Any conveyance of title to lands owned by the State of Arkansas shall be subject to § 22-6-113 .

(j) Upon receipt thereof, the proceeds of the sale, including any liquidated damages, shall be deposited into the State Treasury, as a nonrevenue receipt, to the credit of the fund from which the state agency is operated. Any unexpended balance of such proceeds remaining at the end of each fiscal year as certified to the Chief Fiscal Officer of the State by the state agency director may be carried forward until the end of the biennium following the biennium in which collected, after which any remaining balances shall be subject to § 19-5-1004 .

(k) (1) Before any state agency may receive donated land, the state agency director shall certify the proposed donation request to the Building Authority Division. (2) The Secretary of the Department of Transformation and Shared Services shall forward a recommendation to the Governor. (3) No donation shall be made without approval from the Governor.

(1) Before any state agency may receive donated land, the state agency director shall certify the proposed donation request to the Building Authority Division.

(2) The Secretary of the Department of Transformation and Shared Services shall forward a recommendation to the Governor.

(3) No donation shall be made without approval from the Governor.

(l) Before a state agency purchases real property, the state agency shall consult the Arkansas Buildings & Sites Database maintained by the Arkansas Economic Development Commission to determine if there is a property available for purchase that meets the practical and financial needs and specifications of the state agency.

Amended by Act 2023, No. 628,§ 67, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 6234, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6233, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6232, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6231, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6230, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6229, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6228, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6227, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6226, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3501, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3500, eff. 7/1/2019.

Amended by Act 2015, No. 879,§ 2, eff. 7/22/2015.

Acts 1937, No. 317, § 1; Pope's Dig., § 12805; Acts 1963, No. 65, § 1; A.S.A. 1947, § 7-105; Acts 1987, No. 982, § 1; 1991, No. 786, §§ 35, 36; 1994 (2nd Ex. Sess.), No. 65, § 1; 1995, No. 853, § 1; 1997, No. 265, §§ 1-4; 1999, No. 219, § 1; 2001, No. 741, §§ 1-3; 2003, No. 364, §§ 16, 17.
Ark. Code Ann. § 22-3-1010 — AR Code / Title 22 / Chapter 3 / Subchapter 10 / Section 22-3-1010
Audit of accounts - Reports
Status: in_force

An audit of the records and accounts of the Department of Parks, Heritage, and Tourism concerning the War Memorial Stadium Commission shall be made each year, and a copy of the report shall be filed with the Legislative Council, the Governor, and the Chief Fiscal Officer of the State. Amended by Act 2019, No. 910,§ 5688, eff. 7/1/2019. Amended by Act 2017, No. 269,§ 10, eff. 2/22/2017. Acts 1947, No. 249, § 10; 1961, No. 228, § 4; A.S.A. 1947, § 80-3410.

An audit of the records and accounts of the Department of Parks, Heritage, and Tourism concerning the War Memorial Stadium Commission shall be made each year, and a copy of the report shall be filed with the Legislative Council, the Governor, and the Chief Fiscal Officer of the State.

Amended by Act 2019, No. 910,§ 5688, eff. 7/1/2019.

Amended by Act 2017, No. 269,§ 10, eff. 2/22/2017.

Acts 1947, No. 249, § 10; 1961, No. 228, § 4; A.S.A. 1947, § 80-3410.
Ark. Code Ann. § 22-4-404 — AR Code / Title 22 / Chapter 4 / Subchapter 4 / Section 22-4-404
Arkansas Trails Council - Creation - Powers and duties
Status: in_force

(a) An advisory body to the State Parks Division to be known as the "Arkansas Trails Council", is created for the purpose of informing the division, other trail-providing agencies, and the public at large of public need, use, and ongoing and planned trail development and to provide a public forum for discussion of trail-related issues. (b) The council is a voluntary organization open to representatives of all state and federal agencies with an interest in or potential for trail development, to all local governments with interests in trails, to public or to private utility companies the rights-of-way of which hold trail potential, to private landowners, and to trail users. (c) The Department of Parks, Heritage, and Tourism's representative on the council shall serve as the council's executive secretary. (d) The council may make suggestions to the division concerning methods to meet trail needs within the state and shall assist the division in coordinating trail development within the state. (e) (1) The council shall review nominations to the Arkansas Trails System and make recommendations to the division regarding the acceptance or rejection of each application based on criteria outlined in § 22-4-405 . (2) The Director of the State Parks Division may add a qualifying trail to the Arkansas Trails System after a review of recommendations made by the council. (f) The council shall periodically review the components of the Arkansas Trails System and submit information concerning those trails of superior quality to the National Park Service for consideration as components in the National Trails System. (g) The council shall assist in updating the Arkansas Trails Plan, a part of the Statewide Comprehensive Outdoor Recreation Plan. (h) The council shall periodically review member trails of the Arkansas Trails System for compliance with § 22-4-405 and shall report its findings to the division in order to maintain high quality within the Arkansas Trails System. (i) Trails accepted into the Arkansas Trails System which do not fulfill the requirements established in this subchapter or prescribed by the division and the council may be removed from the Arkansas Trails System by the division after consultation with the council and after appropriate opportunity has been given for correction of the inadequacies. (j) The council shall not have the power of eminent domain. Amended by Act 2019, No. 910,§ 5698, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5697, eff. 7/1/2019. Acts 1979, No. 132, §§ 4, 7; A.S.A. 1947, §§ 9-603.4, 9-603.7.

(a) An advisory body to the State Parks Division to be known as the "Arkansas Trails Council", is created for the purpose of informing the division, other trail-providing agencies, and the public at large of public need, use, and ongoing and planned trail development and to provide a public forum for discussion of trail-related issues.

(b) The council is a voluntary organization open to representatives of all state and federal agencies with an interest in or potential for trail development, to all local governments with interests in trails, to public or to private utility companies the rights-of-way of which hold trail potential, to private landowners, and to trail users.

(c) The Department of Parks, Heritage, and Tourism's representative on the council shall serve as the council's executive secretary.

(d) The council may make suggestions to the division concerning methods to meet trail needs within the state and shall assist the division in coordinating trail development within the state.

(e) (1) The council shall review nominations to the Arkansas Trails System and make recommendations to the division regarding the acceptance or rejection of each application based on criteria outlined in § 22-4-405 . (2) The Director of the State Parks Division may add a qualifying trail to the Arkansas Trails System after a review of recommendations made by the council.

(1) The council shall review nominations to the Arkansas Trails System and make recommendations to the division regarding the acceptance or rejection of each application based on criteria outlined in § 22-4-405 .

(2) The Director of the State Parks Division may add a qualifying trail to the Arkansas Trails System after a review of recommendations made by the council.

(f) The council shall periodically review the components of the Arkansas Trails System and submit information concerning those trails of superior quality to the National Park Service for consideration as components in the National Trails System.

(g) The council shall assist in updating the Arkansas Trails Plan, a part of the Statewide Comprehensive Outdoor Recreation Plan.

(h) The council shall periodically review member trails of the Arkansas Trails System for compliance with § 22-4-405 and shall report its findings to the division in order to maintain high quality within the Arkansas Trails System.

(i) Trails accepted into the Arkansas Trails System which do not fulfill the requirements established in this subchapter or prescribed by the division and the council may be removed from the Arkansas Trails System by the division after consultation with the council and after appropriate opportunity has been given for correction of the inadequacies.

(j) The council shall not have the power of eminent domain.

Amended by Act 2019, No. 910,§ 5698, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5697, eff. 7/1/2019.

Acts 1979, No. 132, §§ 4, 7; A.S.A. 1947, §§ 9-603.4, 9-603.7.
Ark. Code Ann. § 22-3-1217 — AR Code / Title 22 / Chapter 3 / Subchapter 12 / Section 22-3-1217
Disposition of revenues from agricultural and livestock activities of correctional facility
Status: in_force

(a) (1) Prior to the issuance of certificates of indebtedness as authorized by this subchapter, all moneys collected by the Division of Correction from the sale or disposition of farm products, livestock, or other products produced in connection with agricultural and livestock activities at institutions under the control of the Board of Corrections, from the rental of farm properties under the control of the board, and from payments from agencies of the state or United States Government in connection with the farm operations of the division shall be deposited into the State Treasury as special revenues for credit to the Division of Correction Farm Fund, as authorized by law, to be used for the maintenance, operation, and improvement of the agriculture and farm programs of the division. (2) Moneys which the division shall determine not to be necessary in defraying expenses of operating the agriculture programs of the division and which are profit or surplus from the operation of the agriculture programs shall, upon certification by the board to the Chief Fiscal Officer of the State, be transferred by the Chief Fiscal Officer of the State from the Division of Correction Farm 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, as provided by law. (b) (1) Commencing 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 farm moneys in the Public Facilities Debt Service Fund, as defined in the authorizing resolution, shall be transferred to the Division of Correction Farm 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, to be used for the maintenance, operation, and improvement of the agriculture and farm programs of the Division of Correction, as provided by law. (3) Such moneys deposited into the Division of Correction Farm Fund which the Division of Correction shall determine not to be necessary in defraying expenses of operating the agriculture and farm programs of the Division of Correction shall be, upon certification thereof by the board to the Chief Fiscal Officer of the State, transferred by the Chief Fiscal Officer of the State from the Division of Correction Farm 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,§ 6206, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1013, eff. 7/1/2019. Amended by Act 2016EX3, No. 3,§ 72, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 72, eff. 5/23/2016. Acts 1983, No. 458, § 11; A.S.A. 1947, § 13-2611.

(a) (1) Prior to the issuance of certificates of indebtedness as authorized by this subchapter, all moneys collected by the Division of Correction from the sale or disposition of farm products, livestock, or other products produced in connection with agricultural and livestock activities at institutions under the control of the Board of Corrections, from the rental of farm properties under the control of the board, and from payments from agencies of the state or United States Government in connection with the farm operations of the division shall be deposited into the State Treasury as special revenues for credit to the Division of Correction Farm Fund, as authorized by law, to be used for the maintenance, operation, and improvement of the agriculture and farm programs of the division. (2) Moneys which the division shall determine not to be necessary in defraying expenses of operating the agriculture programs of the division and which are profit or surplus from the operation of the agriculture programs shall, upon certification by the board to the Chief Fiscal Officer of the State, be transferred by the Chief Fiscal Officer of the State from the Division of Correction Farm 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, as provided by law.

(1) Prior to the issuance of certificates of indebtedness as authorized by this subchapter, all moneys collected by the Division of Correction from the sale or disposition of farm products, livestock, or other products produced in connection with agricultural and livestock activities at institutions under the control of the Board of Corrections, from the rental of farm properties under the control of the board, and from payments from agencies of the state or United States Government in connection with the farm operations of the division shall be deposited into the State Treasury as special revenues for credit to the Division of Correction Farm Fund, as authorized by law, to be used for the maintenance, operation, and improvement of the agriculture and farm programs of the division.

(2) Moneys which the division shall determine not to be necessary in defraying expenses of operating the agriculture programs of the division and which are profit or surplus from the operation of the agriculture programs shall, upon certification by the board to the Chief Fiscal Officer of the State, be transferred by the Chief Fiscal Officer of the State from the Division of Correction Farm 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, as provided by law.

(b) (1) Commencing 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 farm moneys in the Public Facilities Debt Service Fund, as defined in the authorizing resolution, shall be transferred to the Division of Correction Farm 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, to be used for the maintenance, operation, and improvement of the agriculture and farm programs of the Division of Correction, as provided by law. (3) Such moneys deposited into the Division of Correction Farm Fund which the Division of Correction shall determine not to be necessary in defraying expenses of operating the agriculture and farm programs of the Division of Correction shall be, upon certification thereof by the board to the Chief Fiscal Officer of the State, transferred by the Chief Fiscal Officer of the State from the Division of Correction Farm 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 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 farm moneys in the Public Facilities Debt Service Fund, as defined in the authorizing resolution, shall be transferred to the Division of Correction Farm 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, to be used for the maintenance, operation, and improvement of the agriculture and farm programs of the Division of Correction, as provided by law.

(3) Such moneys deposited into the Division of Correction Farm Fund which the Division of Correction shall determine not to be necessary in defraying expenses of operating the agriculture and farm programs of the Division of Correction shall be, upon certification thereof by the board to the Chief Fiscal Officer of the State, transferred by the Chief Fiscal Officer of the State from the Division of Correction Farm 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,§ 6206, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 1013, eff. 7/1/2019.

Amended by Act 2016EX3, No. 3,§ 72, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 72, eff. 5/23/2016.

Acts 1983, No. 458, § 11; A.S.A. 1947, § 13-2611.
Ark. Code Ann. § 22-5-818 — AR Code / Title 22 / Chapter 5 / Subchapter 8 / Section 22-5-818
Commercial mining at Crater of Diamonds State Park prohibited
Status: in_force

No commercial mining shall be permitted at the Crater of Diamonds State Park. Recreational mining by individuals shall continue to be permitted at the park. Acts 1999, No. 15, § 1.

No commercial mining shall be permitted at the Crater of Diamonds State Park. Recreational mining by individuals shall continue to be permitted at the park.

Acts 1999, No. 15, § 1.
Ark. Code Ann. § 22-10-503 — AR Code / Title 22 / Chapter 10 / Subchapter 5 / Section 22-10-503
Rules
Status: in_force

(a) The Department of Transformation and Shared Services and the Arkansas Development Finance Authority shall jointly promulgate rules to administer this chapter, including without limitation rules regarding: (1) Criteria for selecting a qualifying project; (2) Guidelines for a public entity operating under this chapter; (3) Guidelines for monitoring and reporting on qualifying projects; (4) Timeline for selecting a qualified respondent; (5) Guidelines for negotiating a comprehensive agreement; (6) Guidelines for the accelerated selection of a qualified respondent and the review and approval of a qualifying project that the Governor determines to be a priority and that is funded, in whole or in part, by dedicated revenues; (7) Guidelines for selecting a qualifying project, including without limitation: (A) Reasonable criteria for selecting and scoring among competing proposals; (B) Financial review and analysis procedures for financial and technical advisors or consultants that include without limitation: (i) A cost-benefit analysis; (ii) A value-for-money analysis, which shall include without limitation a: (a) Qualitative assessment; (b) Quantitative assessment; (c) Business case analysis; and (d) Comparison of the net present value of the total, risk-adjusted costs of delivering a qualifying project under this chapter and through procurement methods outside of this chapter; (iii) An assessment of the opportunity cost; (iv) An analysis of the lifecycle costs, including without limitation the design and construction costs, operating costs, and maintenance and upgrade costs; and (v) Consideration of the results of relevant studies and analyses related to the proposed qualifying project; (C) Procedures for considering the nonfinancial benefits of a proposed qualifying project; (D) Suggested timelines for selecting proposals and negotiating an interim agreement or a comprehensive agreement; (E) Criteria for allowing the responsible public entity to accelerate the selection, review, and documentation timelines for proposals involving a qualifying project that the responsible public entity considers to be a priority; (F) Procedures to: (i) Determine the adequacy of the information released when seeking proposals under this chapter; and (ii) Allow the responsible public entity to release more detailed information when seeking proposals if the responsible public entity determines that the release of additional information is necessary to encourage competition; (G) Criteria, key decision points, and approvals that are required to ensure that the responsible public entity considers the extent of competition before selecting proposals and negotiating an interim agreement or a comprehensive agreement; (H) Criteria for establishing and determining any fees that the responsible public entity elects to charge under § 22-10-202 ; (I) Procedures for posting and publishing the public notice of a responsible public entity's request for proposals, including without limitation: (i) Specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project; (ii) (a) A reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the purpose of this chapter. (b) However, the time period established under subdivision (a)(7)(I)(ii) (a) of this section shall not be less than forty-five (45) days, during which time the responsible public entity shall accept the submission of proposals for the qualifying project under this chapter; and (iii) A process for posting the notice required under this subdivision (a)(7)(I) on the responsible public entity's official website and otherwise publishing the notice; and (J) The maximum term of a comprehensive agreement for each type of qualifying project for which the responsible public entity intends to request proposals or invite bids from private entities; (8) A responsible public entity's interaction with affected local jurisdictions and other public entities, including without limitation: (A) Considerations and guidelines for establishing and determining the delivery of a request for proposals or an invitation for bids by the responsible public entity to each affected local jurisdiction and public entity that has complementary authority with respect to a qualifying project; (B) The method of identifying affected local jurisdictions and public entities that have complementary authority with respect to a qualifying project; and (C) The time period during which an affected local jurisdiction and a public entity other than the responsible public entity may: (i) Submit written comments regarding the proposed qualifying project to the responsible public entity; and (ii) Indicate whether the proposed qualifying project is compatible with local plans and budgets; (9) Considerations and guidelines for establishing and determining the mandatory and optional elements of a proposal by a private entity under this chapter, including without limitation: (A) A project description, including without limitation: (i) The location of the qualifying project; and (ii) The specific or conceptual design of the proposed facility, building, infrastructure, or improvement or a conceptual plan for the provision of services or technology infrastructure; (B) A feasibility statement that includes without limitation: (i) The method by which the private entity proposes to secure any necessary property interests required for the qualifying project; (ii) A list of all permits and approvals required for the qualifying project from local, state, and federal agencies; and (iii) A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of how the private entity will accommodate the crossings; (C) A schedule for the initiation and completion of the qualifying project, including without limitation: (i) The proposed responsibilities of the responsible public entity and the private entity; (ii) A timeline of the activities to be performed by the responsible public entity and the private entity; and (iii) A proposed schedule for obtaining the permits required under subdivision (a)(9)(B)(ii) of this section; (D) A plan for financing the qualifying project, including without limitation: (i) The sources of the private entity's funds; (ii) Any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; (iii) A description of any user fees, lease payments, and other service payments to be paid over the term of the interim agreement or the comprehensive agreement; and (iv) The methodology and circumstances for modifying any user fees, lease payments, and other service payments; (E) A business case statement that includes a basic description of the indirect and direct benefits that the private entity can provide in delivering the qualifying project, including without limitation relevant cost, quality, and time frame data; (F) The names and addresses of the persons who may be contacted for further information concerning the request; and (G) Any additional material and information that the responsible public entity reasonably requests; (10) Considerations and guidelines with respect to the preliminary, mandatory, and optional requirements of an interim agreement and a comprehensive agreement, including without limitation the: (A) Engagement of: (i) An attorney; (ii) A certified public accountant; (iii) A financial or economics professional; and (iv) A consultant or other professional with specialized expertise that is relevant to the proposed qualifying project; (B) (i) Delivery of one (1) or more written evaluations or assessments analyzing financial, legal, or other considerations that should be evaluated by the public entity, including without limitation an assessment of the costs of the qualifying project, the financial viability of the qualifying project, and all other financial and operating assumptions related to the qualifying project. (ii) If municipal financing is a component of the interim agreement, the responsible public entity shall obtain a written evaluation of the proposed qualifying project from a municipal advisor registered with the United States Securities and Exchange Commission and the Municipal Securities Rulemaking Board; (C) Fees and expenses and the responsibility for paying the fees and expenses associated with engaging an attorney, certified public accountant, financial or economics professional, or other consultant; and (D) Negotiation and creation of additional contracts for services and materials, including without limitation revenue contracts, construction contracts, management contracts, services contracts, and other agreements related to the qualifying project; (11) Considerations and guidelines with respect to the preliminary, mandatory, and optional terms and conditions of an interim agreement, including without limitation: (A) Criteria for determining when the private entity is permitted to commence activities and perform tasks related to the qualifying project for which the private entity shall be compensated, including without limitation: (i) Project planning and development; (ii) Design and engineering; (iii) Environmental analysis and mitigation; (iv) Surveying; and (v) Ascertaining the availability of financing for the proposed qualifying project and the ownership of any work product developed; (B) Criteria for establishing the process and timing of the negotiation of the comprehensive agreement; (C) The process for amending, extending, or supplementing an interim agreement; and (D) Other provisions and criteria related to the development of a proposed qualifying project; (12) Considerations and guidelines with respect to the preliminary, mandatory, and optional terms and conditions of a comprehensive agreement, including without limitation: (A) A thorough description of the duties of the responsible public entity and the qualified respondent in relation to the development and operation of the qualifying project; (B) Dates and schedules for the completion of the qualifying project, including any available extensions or renewals of the qualifying project; (C) A pro forma analysis or budget under which the qualifying project shall be developed, financed, constructed, operated, and maintained; (D) The source of all revenues derived from the operation and maintenance of the qualifying project and any process for modifying the revenues during the term of the comprehensive agreement; (E) Financing and funding sources for the qualifying project and any contractual provisions related to the financing and funding sources for the qualifying project; (F) A copy of each contract related to the development of the qualifying project; (G) Reimbursements to be paid to the responsible public entity for services provided by the qualified respondent, if any; (H) A process for the review of plans and specifications for the qualifying project by the responsible public entity and the engineering and architectural consultants of the responsible public entity, if any; (I) A process for the periodic and final inspection of the qualifying project by the responsible public entity or its designee to ensure that the qualified respondent's development activities comply with the comprehensive agreement; (J) For the components of the qualifying project that involve construction, provisions for the: (i) Delivery of maintenance, payment, and performance bonds in the amounts that may be specified by the responsible public entity in the comprehensive agreement; and (ii) Posting and delivery of all other bonds, letters of credit, or other forms of security acceptable to the responsible public entity in connection with the development of the qualifying project; (K) Submission to the responsible public entity by the qualified respondent of proof of workers' compensation, property, casualty, general liability, and other policies of insurance related to the development and operation of the qualifying project in the amounts and subject to the terms that may be specified by the responsible public entity in the comprehensive agreement; (L) A process for the responsible public entity's monitoring of the practices of the qualified respondent to ensure that the qualifying project is properly developed, constructed, operated, and maintained; (M) The filing by the qualified respondent of appropriate financial statements with the responsible public entity related to the operations of the qualifying project within the timeframes established in the comprehensive agreement; (N) Policies and procedures governing the rights and responsibilities of the responsible public entity and the qualified respondent if the comprehensive agreement is terminated according to the terms of the comprehensive agreement or as the result of a default under the terms of the comprehensive agreement; and (O) The process for amending, extending, or supplementing the terms of the comprehensive agreement; and (13) Guidelines for using the value-for-money analysis as a determinative factor in selecting a qualifying project. (b) The Department of Transformation and Shared Services and the Arkansas Development Finance Authority may jointly promulgate rules that establish procurement guidelines and requirements that vary depending on the type of qualifying project. Amended by Act 2021, No. 480,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 480,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 6249, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6248, eff. 7/1/2019. Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.

(a) The Department of Transformation and Shared Services and the Arkansas Development Finance Authority shall jointly promulgate rules to administer this chapter, including without limitation rules regarding: (1) Criteria for selecting a qualifying project; (2) Guidelines for a public entity operating under this chapter; (3) Guidelines for monitoring and reporting on qualifying projects; (4) Timeline for selecting a qualified respondent; (5) Guidelines for negotiating a comprehensive agreement; (6) Guidelines for the accelerated selection of a qualified respondent and the review and approval of a qualifying project that the Governor determines to be a priority and that is funded, in whole or in part, by dedicated revenues; (7) Guidelines for selecting a qualifying project, including without limitation: (A) Reasonable criteria for selecting and scoring among competing proposals; (B) Financial review and analysis procedures for financial and technical advisors or consultants that include without limitation: (i) A cost-benefit analysis; (ii) A value-for-money analysis, which shall include without limitation a: (a) Qualitative assessment; (b) Quantitative assessment; (c) Business case analysis; and (d) Comparison of the net present value of the total, risk-adjusted costs of delivering a qualifying project under this chapter and through procurement methods outside of this chapter; (iii) An assessment of the opportunity cost; (iv) An analysis of the lifecycle costs, including without limitation the design and construction costs, operating costs, and maintenance and upgrade costs; and (v) Consideration of the results of relevant studies and analyses related to the proposed qualifying project; (C) Procedures for considering the nonfinancial benefits of a proposed qualifying project; (D) Suggested timelines for selecting proposals and negotiating an interim agreement or a comprehensive agreement; (E) Criteria for allowing the responsible public entity to accelerate the selection, review, and documentation timelines for proposals involving a qualifying project that the responsible public entity considers to be a priority; (F) Procedures to: (i) Determine the adequacy of the information released when seeking proposals under this chapter; and (ii) Allow the responsible public entity to release more detailed information when seeking proposals if the responsible public entity determines that the release of additional information is necessary to encourage competition; (G) Criteria, key decision points, and approvals that are required to ensure that the responsible public entity considers the extent of competition before selecting proposals and negotiating an interim agreement or a comprehensive agreement; (H) Criteria for establishing and determining any fees that the responsible public entity elects to charge under § 22-10-202 ; (I) Procedures for posting and publishing the public notice of a responsible public entity's request for proposals, including without limitation: (i) Specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project; (ii) (a) A reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the purpose of this chapter. (b) However, the time period established under subdivision (a)(7)(I)(ii) (a) of this section shall not be less than forty-five (45) days, during which time the responsible public entity shall accept the submission of proposals for the qualifying project under this chapter; and (iii) A process for posting the notice required under this subdivision (a)(7)(I) on the responsible public entity's official website and otherwise publishing the notice; and (J) The maximum term of a comprehensive agreement for each type of qualifying project for which the responsible public entity intends to request proposals or invite bids from private entities; (8) A responsible public entity's interaction with affected local jurisdictions and other public entities, including without limitation: (A) Considerations and guidelines for establishing and determining the delivery of a request for proposals or an invitation for bids by the responsible public entity to each affected local jurisdiction and public entity that has complementary authority with respect to a qualifying project; (B) The method of identifying affected local jurisdictions and public entities that have complementary authority with respect to a qualifying project; and (C) The time period during which an affected local jurisdiction and a public entity other than the responsible public entity may: (i) Submit written comments regarding the proposed qualifying project to the responsible public entity; and (ii) Indicate whether the proposed qualifying project is compatible with local plans and budgets; (9) Considerations and guidelines for establishing and determining the mandatory and optional elements of a proposal by a private entity under this chapter, including without limitation: (A) A project description, including without limitation: (i) The location of the qualifying project; and (ii) The specific or conceptual design of the proposed facility, building, infrastructure, or improvement or a conceptual plan for the provision of services or technology infrastructure; (B) A feasibility statement that includes without limitation: (i) The method by which the private entity proposes to secure any necessary property interests required for the qualifying project; (ii) A list of all permits and approvals required for the qualifying project from local, state, and federal agencies; and (iii) A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of how the private entity will accommodate the crossings; (C) A schedule for the initiation and completion of the qualifying project, including without limitation: (i) The proposed responsibilities of the responsible public entity and the private entity; (ii) A timeline of the activities to be performed by the responsible public entity and the private entity; and (iii) A proposed schedule for obtaining the permits required under subdivision (a)(9)(B)(ii) of this section; (D) A plan for financing the qualifying project, including without limitation: (i) The sources of the private entity's funds; (ii) Any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; (iii) A description of any user fees, lease payments, and other service payments to be paid over the term of the interim agreement or the comprehensive agreement; and (iv) The methodology and circumstances for modifying any user fees, lease payments, and other service payments; (E) A business case statement that includes a basic description of the indirect and direct benefits that the private entity can provide in delivering the qualifying project, including without limitation relevant cost, quality, and time frame data; (F) The names and addresses of the persons who may be contacted for further information concerning the request; and (G) Any additional material and information that the responsible public entity reasonably requests; (10) Considerations and guidelines with respect to the preliminary, mandatory, and optional requirements of an interim agreement and a comprehensive agreement, including without limitation the: (A) Engagement of: (i) An attorney; (ii) A certified public accountant; (iii) A financial or economics professional; and (iv) A consultant or other professional with specialized expertise that is relevant to the proposed qualifying project; (B) (i) Delivery of one (1) or more written evaluations or assessments analyzing financial, legal, or other considerations that should be evaluated by the public entity, including without limitation an assessment of the costs of the qualifying project, the financial viability of the qualifying project, and all other financial and operating assumptions related to the qualifying project. (ii) If municipal financing is a component of the interim agreement, the responsible public entity shall obtain a written evaluation of the proposed qualifying project from a municipal advisor registered with the United States Securities and Exchange Commission and the Municipal Securities Rulemaking Board; (C) Fees and expenses and the responsibility for paying the fees and expenses associated with engaging an attorney, certified public accountant, financial or economics professional, or other consultant; and (D) Negotiation and creation of additional contracts for services and materials, including without limitation revenue contracts, construction contracts, management contracts, services contracts, and other agreements related to the qualifying project; (11) Considerations and guidelines with respect to the preliminary, mandatory, and optional terms and conditions of an interim agreement, including without limitation: (A) Criteria for determining when the private entity is permitted to commence activities and perform tasks related to the qualifying project for which the private entity shall be compensated, including without limitation: (i) Project planning and development; (ii) Design and engineering; (iii) Environmental analysis and mitigation; (iv) Surveying; and (v) Ascertaining the availability of financing for the proposed qualifying project and the ownership of any work product developed; (B) Criteria for establishing the process and timing of the negotiation of the comprehensive agreement; (C) The process for amending, extending, or supplementing an interim agreement; and (D) Other provisions and criteria related to the development of a proposed qualifying project; (12) Considerations and guidelines with respect to the preliminary, mandatory, and optional terms and conditions of a comprehensive agreement, including without limitation: (A) A thorough description of the duties of the responsible public entity and the qualified respondent in relation to the development and operation of the qualifying project; (B) Dates and schedules for the completion of the qualifying project, including any available extensions or renewals of the qualifying project; (C) A pro forma analysis or budget under which the qualifying project shall be developed, financed, constructed, operated, and maintained; (D) The source of all revenues derived from the operation and maintenance of the qualifying project and any process for modifying the revenues during the term of the comprehensive agreement; (E) Financing and funding sources for the qualifying project and any contractual provisions related to the financing and funding sources for the qualifying project; (F) A copy of each contract related to the development of the qualifying project; (G) Reimbursements to be paid to the responsible public entity for services provided by the qualified respondent, if any; (H) A process for the review of plans and specifications for the qualifying project by the responsible public entity and the engineering and architectural consultants of the responsible public entity, if any; (I) A process for the periodic and final inspection of the qualifying project by the responsible public entity or its designee to ensure that the qualified respondent's development activities comply with the comprehensive agreement; (J) For the components of the qualifying project that involve construction, provisions for the: (i) Delivery of maintenance, payment, and performance bonds in the amounts that may be specified by the responsible public entity in the comprehensive agreement; and (ii) Posting and delivery of all other bonds, letters of credit, or other forms of security acceptable to the responsible public entity in connection with the development of the qualifying project; (K) Submission to the responsible public entity by the qualified respondent of proof of workers' compensation, property, casualty, general liability, and other policies of insurance related to the development and operation of the qualifying project in the amounts and subject to the terms that may be specified by the responsible public entity in the comprehensive agreement; (L) A process for the responsible public entity's monitoring of the practices of the qualified respondent to ensure that the qualifying project is properly developed, constructed, operated, and maintained; (M) The filing by the qualified respondent of appropriate financial statements with the responsible public entity related to the operations of the qualifying project within the timeframes established in the comprehensive agreement; (N) Policies and procedures governing the rights and responsibilities of the responsible public entity and the qualified respondent if the comprehensive agreement is terminated according to the terms of the comprehensive agreement or as the result of a default under the terms of the comprehensive agreement; and (O) The process for amending, extending, or supplementing the terms of the comprehensive agreement; and (13) Guidelines for using the value-for-money analysis as a determinative factor in selecting a qualifying project.

(1) Criteria for selecting a qualifying project;

(2) Guidelines for a public entity operating under this chapter;

(3) Guidelines for monitoring and reporting on qualifying projects;

(4) Timeline for selecting a qualified respondent;

(5) Guidelines for negotiating a comprehensive agreement;

(6) Guidelines for the accelerated selection of a qualified respondent and the review and approval of a qualifying project that the Governor determines to be a priority and that is funded, in whole or in part, by dedicated revenues;

(7) Guidelines for selecting a qualifying project, including without limitation: (A) Reasonable criteria for selecting and scoring among competing proposals; (B) Financial review and analysis procedures for financial and technical advisors or consultants that include without limitation: (i) A cost-benefit analysis; (ii) A value-for-money analysis, which shall include without limitation a: (a) Qualitative assessment; (b) Quantitative assessment; (c) Business case analysis; and (d) Comparison of the net present value of the total, risk-adjusted costs of delivering a qualifying project under this chapter and through procurement methods outside of this chapter; (iii) An assessment of the opportunity cost; (iv) An analysis of the lifecycle costs, including without limitation the design and construction costs, operating costs, and maintenance and upgrade costs; and (v) Consideration of the results of relevant studies and analyses related to the proposed qualifying project; (C) Procedures for considering the nonfinancial benefits of a proposed qualifying project; (D) Suggested timelines for selecting proposals and negotiating an interim agreement or a comprehensive agreement; (E) Criteria for allowing the responsible public entity to accelerate the selection, review, and documentation timelines for proposals involving a qualifying project that the responsible public entity considers to be a priority; (F) Procedures to: (i) Determine the adequacy of the information released when seeking proposals under this chapter; and (ii) Allow the responsible public entity to release more detailed information when seeking proposals if the responsible public entity determines that the release of additional information is necessary to encourage competition; (G) Criteria, key decision points, and approvals that are required to ensure that the responsible public entity considers the extent of competition before selecting proposals and negotiating an interim agreement or a comprehensive agreement; (H) Criteria for establishing and determining any fees that the responsible public entity elects to charge under § 22-10-202 ; (I) Procedures for posting and publishing the public notice of a responsible public entity's request for proposals, including without limitation: (i) Specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project; (ii) (a) A reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the purpose of this chapter. (b) However, the time period established under subdivision (a)(7)(I)(ii) (a) of this section shall not be less than forty-five (45) days, during which time the responsible public entity shall accept the submission of proposals for the qualifying project under this chapter; and (iii) A process for posting the notice required under this subdivision (a)(7)(I) on the responsible public entity's official website and otherwise publishing the notice; and (J) The maximum term of a comprehensive agreement for each type of qualifying project for which the responsible public entity intends to request proposals or invite bids from private entities;

(A) Reasonable criteria for selecting and scoring among competing proposals;

(B) Financial review and analysis procedures for financial and technical advisors or consultants that include without limitation: (i) A cost-benefit analysis; (ii) A value-for-money analysis, which shall include without limitation a: (a) Qualitative assessment; (b) Quantitative assessment; (c) Business case analysis; and (d) Comparison of the net present value of the total, risk-adjusted costs of delivering a qualifying project under this chapter and through procurement methods outside of this chapter; (iii) An assessment of the opportunity cost; (iv) An analysis of the lifecycle costs, including without limitation the design and construction costs, operating costs, and maintenance and upgrade costs; and (v) Consideration of the results of relevant studies and analyses related to the proposed qualifying project;

(i) A cost-benefit analysis;

(ii) A value-for-money analysis, which shall include without limitation a: (a) Qualitative assessment; (b) Quantitative assessment; (c) Business case analysis; and (d) Comparison of the net present value of the total, risk-adjusted costs of delivering a qualifying project under this chapter and through procurement methods outside of this chapter;

(a) Qualitative assessment;

(b) Quantitative assessment;

(c) Business case analysis; and

(d) Comparison of the net present value of the total, risk-adjusted costs of delivering a qualifying project under this chapter and through procurement methods outside of this chapter;

(iii) An assessment of the opportunity cost;

(iv) An analysis of the lifecycle costs, including without limitation the design and construction costs, operating costs, and maintenance and upgrade costs; and

(v) Consideration of the results of relevant studies and analyses related to the proposed qualifying project;

(C) Procedures for considering the nonfinancial benefits of a proposed qualifying project;

(D) Suggested timelines for selecting proposals and negotiating an interim agreement or a comprehensive agreement;

(E) Criteria for allowing the responsible public entity to accelerate the selection, review, and documentation timelines for proposals involving a qualifying project that the responsible public entity considers to be a priority;

(F) Procedures to: (i) Determine the adequacy of the information released when seeking proposals under this chapter; and (ii) Allow the responsible public entity to release more detailed information when seeking proposals if the responsible public entity determines that the release of additional information is necessary to encourage competition;

(i) Determine the adequacy of the information released when seeking proposals under this chapter; and

(ii) Allow the responsible public entity to release more detailed information when seeking proposals if the responsible public entity determines that the release of additional information is necessary to encourage competition;

(G) Criteria, key decision points, and approvals that are required to ensure that the responsible public entity considers the extent of competition before selecting proposals and negotiating an interim agreement or a comprehensive agreement;

(H) Criteria for establishing and determining any fees that the responsible public entity elects to charge under § 22-10-202 ;

(I) Procedures for posting and publishing the public notice of a responsible public entity's request for proposals, including without limitation: (i) Specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project; (ii) (a) A reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the purpose of this chapter. (b) However, the time period established under subdivision (a)(7)(I)(ii) (a) of this section shall not be less than forty-five (45) days, during which time the responsible public entity shall accept the submission of proposals for the qualifying project under this chapter; and (iii) A process for posting the notice required under this subdivision (a)(7)(I) on the responsible public entity's official website and otherwise publishing the notice; and

(i) Specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project;

(ii) (a) A reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the purpose of this chapter. (b) However, the time period established under subdivision (a)(7)(I)(ii) (a) of this section shall not be less than forty-five (45) days, during which time the responsible public entity shall accept the submission of proposals for the qualifying project under this chapter; and

(a) A reasonable time period as determined by the responsible public entity to encourage competition and public-private partnerships in accordance with the purpose of this chapter.

(b) However, the time period established under subdivision (a)(7)(I)(ii) (a) of this section shall not be less than forty-five (45) days, during which time the responsible public entity shall accept the submission of proposals for the qualifying project under this chapter; and

(iii) A process for posting the notice required under this subdivision (a)(7)(I) on the responsible public entity's official website and otherwise publishing the notice; and

(J) The maximum term of a comprehensive agreement for each type of qualifying project for which the responsible public entity intends to request proposals or invite bids from private entities;

(8) A responsible public entity's interaction with affected local jurisdictions and other public entities, including without limitation: (A) Considerations and guidelines for establishing and determining the delivery of a request for proposals or an invitation for bids by the responsible public entity to each affected local jurisdiction and public entity that has complementary authority with respect to a qualifying project; (B) The method of identifying affected local jurisdictions and public entities that have complementary authority with respect to a qualifying project; and (C) The time period during which an affected local jurisdiction and a public entity other than the responsible public entity may: (i) Submit written comments regarding the proposed qualifying project to the responsible public entity; and (ii) Indicate whether the proposed qualifying project is compatible with local plans and budgets;

(A) Considerations and guidelines for establishing and determining the delivery of a request for proposals or an invitation for bids by the responsible public entity to each affected local jurisdiction and public entity that has complementary authority with respect to a qualifying project;

(B) The method of identifying affected local jurisdictions and public entities that have complementary authority with respect to a qualifying project; and

(C) The time period during which an affected local jurisdiction and a public entity other than the responsible public entity may: (i) Submit written comments regarding the proposed qualifying project to the responsible public entity; and (ii) Indicate whether the proposed qualifying project is compatible with local plans and budgets;

(i) Submit written comments regarding the proposed qualifying project to the responsible public entity; and

(ii) Indicate whether the proposed qualifying project is compatible with local plans and budgets;

(9) Considerations and guidelines for establishing and determining the mandatory and optional elements of a proposal by a private entity under this chapter, including without limitation: (A) A project description, including without limitation: (i) The location of the qualifying project; and (ii) The specific or conceptual design of the proposed facility, building, infrastructure, or improvement or a conceptual plan for the provision of services or technology infrastructure; (B) A feasibility statement that includes without limitation: (i) The method by which the private entity proposes to secure any necessary property interests required for the qualifying project; (ii) A list of all permits and approvals required for the qualifying project from local, state, and federal agencies; and (iii) A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of how the private entity will accommodate the crossings; (C) A schedule for the initiation and completion of the qualifying project, including without limitation: (i) The proposed responsibilities of the responsible public entity and the private entity; (ii) A timeline of the activities to be performed by the responsible public entity and the private entity; and (iii) A proposed schedule for obtaining the permits required under subdivision (a)(9)(B)(ii) of this section; (D) A plan for financing the qualifying project, including without limitation: (i) The sources of the private entity's funds; (ii) Any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; (iii) A description of any user fees, lease payments, and other service payments to be paid over the term of the interim agreement or the comprehensive agreement; and (iv) The methodology and circumstances for modifying any user fees, lease payments, and other service payments; (E) A business case statement that includes a basic description of the indirect and direct benefits that the private entity can provide in delivering the qualifying project, including without limitation relevant cost, quality, and time frame data; (F) The names and addresses of the persons who may be contacted for further information concerning the request; and (G) Any additional material and information that the responsible public entity reasonably requests;

(A) A project description, including without limitation: (i) The location of the qualifying project; and (ii) The specific or conceptual design of the proposed facility, building, infrastructure, or improvement or a conceptual plan for the provision of services or technology infrastructure;

(i) The location of the qualifying project; and

(ii) The specific or conceptual design of the proposed facility, building, infrastructure, or improvement or a conceptual plan for the provision of services or technology infrastructure;

(B) A feasibility statement that includes without limitation: (i) The method by which the private entity proposes to secure any necessary property interests required for the qualifying project; (ii) A list of all permits and approvals required for the qualifying project from local, state, and federal agencies; and (iii) A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of how the private entity will accommodate the crossings;

(i) The method by which the private entity proposes to secure any necessary property interests required for the qualifying project;

(ii) A list of all permits and approvals required for the qualifying project from local, state, and federal agencies; and

(iii) A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of how the private entity will accommodate the crossings;

(C) A schedule for the initiation and completion of the qualifying project, including without limitation: (i) The proposed responsibilities of the responsible public entity and the private entity; (ii) A timeline of the activities to be performed by the responsible public entity and the private entity; and (iii) A proposed schedule for obtaining the permits required under subdivision (a)(9)(B)(ii) of this section;

(i) The proposed responsibilities of the responsible public entity and the private entity;

(ii) A timeline of the activities to be performed by the responsible public entity and the private entity; and

(iii) A proposed schedule for obtaining the permits required under subdivision (a)(9)(B)(ii) of this section;

(D) A plan for financing the qualifying project, including without limitation: (i) The sources of the private entity's funds; (ii) Any dedicated revenue source or proposed debt or equity investment on behalf of the private entity; (iii) A description of any user fees, lease payments, and other service payments to be paid over the term of the interim agreement or the comprehensive agreement; and (iv) The methodology and circumstances for modifying any user fees, lease payments, and other service payments;

(i) The sources of the private entity's funds;

(ii) Any dedicated revenue source or proposed debt or equity investment on behalf of the private entity;

(iii) A description of any user fees, lease payments, and other service payments to be paid over the term of the interim agreement or the comprehensive agreement; and

(iv) The methodology and circumstances for modifying any user fees, lease payments, and other service payments;

(E) A business case statement that includes a basic description of the indirect and direct benefits that the private entity can provide in delivering the qualifying project, including without limitation relevant cost, quality, and time frame data;

(F) The names and addresses of the persons who may be contacted for further information concerning the request; and

(G) Any additional material and information that the responsible public entity reasonably requests;

(10) Considerations and guidelines with respect to the preliminary, mandatory, and optional requirements of an interim agreement and a comprehensive agreement, including without limitation the: (A) Engagement of: (i) An attorney; (ii) A certified public accountant; (iii) A financial or economics professional; and (iv) A consultant or other professional with specialized expertise that is relevant to the proposed qualifying project; (B) (i) Delivery of one (1) or more written evaluations or assessments analyzing financial, legal, or other considerations that should be evaluated by the public entity, including without limitation an assessment of the costs of the qualifying project, the financial viability of the qualifying project, and all other financial and operating assumptions related to the qualifying project. (ii) If municipal financing is a component of the interim agreement, the responsible public entity shall obtain a written evaluation of the proposed qualifying project from a municipal advisor registered with the United States Securities and Exchange Commission and the Municipal Securities Rulemaking Board; (C) Fees and expenses and the responsibility for paying the fees and expenses associated with engaging an attorney, certified public accountant, financial or economics professional, or other consultant; and (D) Negotiation and creation of additional contracts for services and materials, including without limitation revenue contracts, construction contracts, management contracts, services contracts, and other agreements related to the qualifying project;

(A) Engagement of: (i) An attorney; (ii) A certified public accountant; (iii) A financial or economics professional; and (iv) A consultant or other professional with specialized expertise that is relevant to the proposed qualifying project;

(i) An attorney;

(ii) A certified public accountant;

(iii) A financial or economics professional; and

(iv) A consultant or other professional with specialized expertise that is relevant to the proposed qualifying project;

(B) (i) Delivery of one (1) or more written evaluations or assessments analyzing financial, legal, or other considerations that should be evaluated by the public entity, including without limitation an assessment of the costs of the qualifying project, the financial viability of the qualifying project, and all other financial and operating assumptions related to the qualifying project. (ii) If municipal financing is a component of the interim agreement, the responsible public entity shall obtain a written evaluation of the proposed qualifying project from a municipal advisor registered with the United States Securities and Exchange Commission and the Municipal Securities Rulemaking Board;

(i) Delivery of one (1) or more written evaluations or assessments analyzing financial, legal, or other considerations that should be evaluated by the public entity, including without limitation an assessment of the costs of the qualifying project, the financial viability of the qualifying project, and all other financial and operating assumptions related to the qualifying project.

(ii) If municipal financing is a component of the interim agreement, the responsible public entity shall obtain a written evaluation of the proposed qualifying project from a municipal advisor registered with the United States Securities and Exchange Commission and the Municipal Securities Rulemaking Board;

(C) Fees and expenses and the responsibility for paying the fees and expenses associated with engaging an attorney, certified public accountant, financial or economics professional, or other consultant; and

(D) Negotiation and creation of additional contracts for services and materials, including without limitation revenue contracts, construction contracts, management contracts, services contracts, and other agreements related to the qualifying project;

(11) Considerations and guidelines with respect to the preliminary, mandatory, and optional terms and conditions of an interim agreement, including without limitation: (A) Criteria for determining when the private entity is permitted to commence activities and perform tasks related to the qualifying project for which the private entity shall be compensated, including without limitation: (i) Project planning and development; (ii) Design and engineering; (iii) Environmental analysis and mitigation; (iv) Surveying; and (v) Ascertaining the availability of financing for the proposed qualifying project and the ownership of any work product developed; (B) Criteria for establishing the process and timing of the negotiation of the comprehensive agreement; (C) The process for amending, extending, or supplementing an interim agreement; and (D) Other provisions and criteria related to the development of a proposed qualifying project;

(A) Criteria for determining when the private entity is permitted to commence activities and perform tasks related to the qualifying project for which the private entity shall be compensated, including without limitation: (i) Project planning and development; (ii) Design and engineering; (iii) Environmental analysis and mitigation; (iv) Surveying; and (v) Ascertaining the availability of financing for the proposed qualifying project and the ownership of any work product developed;

(i) Project planning and development;

(ii) Design and engineering;

(iii) Environmental analysis and mitigation;

(iv) Surveying; and

(v) Ascertaining the availability of financing for the proposed qualifying project and the ownership of any work product developed;

(B) Criteria for establishing the process and timing of the negotiation of the comprehensive agreement;

(C) The process for amending, extending, or supplementing an interim agreement; and

(D) Other provisions and criteria related to the development of a proposed qualifying project;

(12) Considerations and guidelines with respect to the preliminary, mandatory, and optional terms and conditions of a comprehensive agreement, including without limitation: (A) A thorough description of the duties of the responsible public entity and the qualified respondent in relation to the development and operation of the qualifying project; (B) Dates and schedules for the completion of the qualifying project, including any available extensions or renewals of the qualifying project; (C) A pro forma analysis or budget under which the qualifying project shall be developed, financed, constructed, operated, and maintained; (D) The source of all revenues derived from the operation and maintenance of the qualifying project and any process for modifying the revenues during the term of the comprehensive agreement; (E) Financing and funding sources for the qualifying project and any contractual provisions related to the financing and funding sources for the qualifying project; (F) A copy of each contract related to the development of the qualifying project; (G) Reimbursements to be paid to the responsible public entity for services provided by the qualified respondent, if any; (H) A process for the review of plans and specifications for the qualifying project by the responsible public entity and the engineering and architectural consultants of the responsible public entity, if any; (I) A process for the periodic and final inspection of the qualifying project by the responsible public entity or its designee to ensure that the qualified respondent's development activities comply with the comprehensive agreement; (J) For the components of the qualifying project that involve construction, provisions for the: (i) Delivery of maintenance, payment, and performance bonds in the amounts that may be specified by the responsible public entity in the comprehensive agreement; and (ii) Posting and delivery of all other bonds, letters of credit, or other forms of security acceptable to the responsible public entity in connection with the development of the qualifying project; (K) Submission to the responsible public entity by the qualified respondent of proof of workers' compensation, property, casualty, general liability, and other policies of insurance related to the development and operation of the qualifying project in the amounts and subject to the terms that may be specified by the responsible public entity in the comprehensive agreement; (L) A process for the responsible public entity's monitoring of the practices of the qualified respondent to ensure that the qualifying project is properly developed, constructed, operated, and maintained; (M) The filing by the qualified respondent of appropriate financial statements with the responsible public entity related to the operations of the qualifying project within the timeframes established in the comprehensive agreement; (N) Policies and procedures governing the rights and responsibilities of the responsible public entity and the qualified respondent if the comprehensive agreement is terminated according to the terms of the comprehensive agreement or as the result of a default under the terms of the comprehensive agreement; and (O) The process for amending, extending, or supplementing the terms of the comprehensive agreement; and

(A) A thorough description of the duties of the responsible public entity and the qualified respondent in relation to the development and operation of the qualifying project;

(B) Dates and schedules for the completion of the qualifying project, including any available extensions or renewals of the qualifying project;

(C) A pro forma analysis or budget under which the qualifying project shall be developed, financed, constructed, operated, and maintained;

(D) The source of all revenues derived from the operation and maintenance of the qualifying project and any process for modifying the revenues during the term of the comprehensive agreement;

(E) Financing and funding sources for the qualifying project and any contractual provisions related to the financing and funding sources for the qualifying project;

(F) A copy of each contract related to the development of the qualifying project;

(G) Reimbursements to be paid to the responsible public entity for services provided by the qualified respondent, if any;

(H) A process for the review of plans and specifications for the qualifying project by the responsible public entity and the engineering and architectural consultants of the responsible public entity, if any;

(I) A process for the periodic and final inspection of the qualifying project by the responsible public entity or its designee to ensure that the qualified respondent's development activities comply with the comprehensive agreement;

(J) For the components of the qualifying project that involve construction, provisions for the: (i) Delivery of maintenance, payment, and performance bonds in the amounts that may be specified by the responsible public entity in the comprehensive agreement; and (ii) Posting and delivery of all other bonds, letters of credit, or other forms of security acceptable to the responsible public entity in connection with the development of the qualifying project;

(i) Delivery of maintenance, payment, and performance bonds in the amounts that may be specified by the responsible public entity in the comprehensive agreement; and

(ii) Posting and delivery of all other bonds, letters of credit, or other forms of security acceptable to the responsible public entity in connection with the development of the qualifying project;

(K) Submission to the responsible public entity by the qualified respondent of proof of workers' compensation, property, casualty, general liability, and other policies of insurance related to the development and operation of the qualifying project in the amounts and subject to the terms that may be specified by the responsible public entity in the comprehensive agreement;

(L) A process for the responsible public entity's monitoring of the practices of the qualified respondent to ensure that the qualifying project is properly developed, constructed, operated, and maintained;

(M) The filing by the qualified respondent of appropriate financial statements with the responsible public entity related to the operations of the qualifying project within the timeframes established in the comprehensive agreement;

(N) Policies and procedures governing the rights and responsibilities of the responsible public entity and the qualified respondent if the comprehensive agreement is terminated according to the terms of the comprehensive agreement or as the result of a default under the terms of the comprehensive agreement; and

(O) The process for amending, extending, or supplementing the terms of the comprehensive agreement; and

(13) Guidelines for using the value-for-money analysis as a determinative factor in selecting a qualifying project.

(b) The Department of Transformation and Shared Services and the Arkansas Development Finance Authority may jointly promulgate rules that establish procurement guidelines and requirements that vary depending on the type of qualifying project.

Amended by Act 2021, No. 480,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 480,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 6249, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6248, eff. 7/1/2019.

Added by Act 2017, No. 813,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 22-3-223 — AR Code / Title 22 / Chapter 3 / Subchapter 2 / Section 22-3-223
Monument to Unborn Children Display Act
Status: in_force

(a) This section shall be known and may be cited as the "Monument to Unborn Children Display Act". (b) (1) The Secretary of State shall permit and arrange placement on the State Capitol grounds of a suitable monument commemorating unborn children aborted during the era of Roe v. Wade, 410 U.S. 113 (1973). (2) (A) The Capitol Arts and Grounds Commission shall oversee the selection of the artist and design of the monument with input from pro-life groups in Arkansas. (B) The Secretary of State shall have final approval of the selection of the artist and design of the monument selected by the commission before any construction is commenced. (C) Upon approval of the artist and design, the Secretary of State shall arrange for the construction, placement, and dedication of the monument on the State Capitol grounds by private entities at no expense to the State of Arkansas. (D) The monument shall be placed on the State Capitol grounds at a location selected and approved by the Secretary of State. (3) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq. (c) If the legality or constitutionality of the monument under subsection (b) of this section is challenged in a court of law, the Attorney General may: (1) Prepare and present a legal defense of the monument; or (2) (A) Request that a private law firm serve as counsel to prepare and present a legal defense of the monument. (B) A request under subdivision (c)(2)(A) of this section shall not be subject to § 25-16-702 . (d) The Secretary of State may accept gifts, grants, and donations from individuals and organizations, to be deposited as trust funds into the Monument to Unborn Children Display Fund. (e) The Secretary of State shall: (1) Have the authority to enter into all necessary contracts for the design, construction, and dedication of the monument; (2) Oversee the continued maintenance, repair, and replacement, if necessary due to catastrophic damage, of the monument utilizing funds held in the Monument to Unborn Children Display Fund, or if no funds are available, any other fund under the control and authority of the Secretary of State that exists for the maintenance and repair of monuments on display in the State Capitol or on the grounds of the State Capitol; and (3) Provide that any maintenance, repairs, or replacement of the monument shall restore it to a state equal to the original quality and condition. Added by Act 2023, No. 310,§ 3, eff. 8/1/2023.

(a) This section shall be known and may be cited as the "Monument to Unborn Children Display Act".

(b) (1) The Secretary of State shall permit and arrange placement on the State Capitol grounds of a suitable monument commemorating unborn children aborted during the era of Roe v. Wade, 410 U.S. 113 (1973). (2) (A) The Capitol Arts and Grounds Commission shall oversee the selection of the artist and design of the monument with input from pro-life groups in Arkansas. (B) The Secretary of State shall have final approval of the selection of the artist and design of the monument selected by the commission before any construction is commenced. (C) Upon approval of the artist and design, the Secretary of State shall arrange for the construction, placement, and dedication of the monument on the State Capitol grounds by private entities at no expense to the State of Arkansas. (D) The monument shall be placed on the State Capitol grounds at a location selected and approved by the Secretary of State. (3) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq.

(1) The Secretary of State shall permit and arrange placement on the State Capitol grounds of a suitable monument commemorating unborn children aborted during the era of Roe v. Wade, 410 U.S. 113 (1973).

(2) (A) The Capitol Arts and Grounds Commission shall oversee the selection of the artist and design of the monument with input from pro-life groups in Arkansas. (B) The Secretary of State shall have final approval of the selection of the artist and design of the monument selected by the commission before any construction is commenced. (C) Upon approval of the artist and design, the Secretary of State shall arrange for the construction, placement, and dedication of the monument on the State Capitol grounds by private entities at no expense to the State of Arkansas. (D) The monument shall be placed on the State Capitol grounds at a location selected and approved by the Secretary of State.

(A) The Capitol Arts and Grounds Commission shall oversee the selection of the artist and design of the monument with input from pro-life groups in Arkansas.

(B) The Secretary of State shall have final approval of the selection of the artist and design of the monument selected by the commission before any construction is commenced.

(C) Upon approval of the artist and design, the Secretary of State shall arrange for the construction, placement, and dedication of the monument on the State Capitol grounds by private entities at no expense to the State of Arkansas.

(D) The monument shall be placed on the State Capitol grounds at a location selected and approved by the Secretary of State.

(3) The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq.

(c) If the legality or constitutionality of the monument under subsection (b) of this section is challenged in a court of law, the Attorney General may: (1) Prepare and present a legal defense of the monument; or (2) (A) Request that a private law firm serve as counsel to prepare and present a legal defense of the monument. (B) A request under subdivision (c)(2)(A) of this section shall not be subject to § 25-16-702 .

(1) Prepare and present a legal defense of the monument; or

(2) (A) Request that a private law firm serve as counsel to prepare and present a legal defense of the monument. (B) A request under subdivision (c)(2)(A) of this section shall not be subject to § 25-16-702 .

(A) Request that a private law firm serve as counsel to prepare and present a legal defense of the monument.

(B) A request under subdivision (c)(2)(A) of this section shall not be subject to § 25-16-702 .

(d) The Secretary of State may accept gifts, grants, and donations from individuals and organizations, to be deposited as trust funds into the Monument to Unborn Children Display Fund.

(e) The Secretary of State shall: (1) Have the authority to enter into all necessary contracts for the design, construction, and dedication of the monument; (2) Oversee the continued maintenance, repair, and replacement, if necessary due to catastrophic damage, of the monument utilizing funds held in the Monument to Unborn Children Display Fund, or if no funds are available, any other fund under the control and authority of the Secretary of State that exists for the maintenance and repair of monuments on display in the State Capitol or on the grounds of the State Capitol; and (3) Provide that any maintenance, repairs, or replacement of the monument shall restore it to a state equal to the original quality and condition.

(1) Have the authority to enter into all necessary contracts for the design, construction, and dedication of the monument;

(2) Oversee the continued maintenance, repair, and replacement, if necessary due to catastrophic damage, of the monument utilizing funds held in the Monument to Unborn Children Display Fund, or if no funds are available, any other fund under the control and authority of the Secretary of State that exists for the maintenance and repair of monuments on display in the State Capitol or on the grounds of the State Capitol; and

(3) Provide that any maintenance, repairs, or replacement of the monument shall restore it to a state equal to the original quality and condition.

Added by Act 2023, No. 310,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 22-6-205 — AR Code / Title 22 / Chapter 6 / Subchapter 2 / Section 22-6-205
Objects of antiquity on submerged lands property of state - Exceptions - Definition
Status: in_force

(a) As used in this section, "object of antiquity" includes without limitation property lost or abandoned for twenty-five (25) years or more. (b) An object of antiquity found in the submerged lands of the state and not claimed by the United States Government or protected under the Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3001 et seq., shall be the property of the state and be held in trust by the Commissioner of State Lands. (c) A person removing an object of antiquity without permission of the Commissioner of State Lands is guilty of theft of property under § 5-36-103 . (d) The Commissioner of State Lands may: (1) Work with state or federal agencies to study, protect, and remove an object of antiquity; and (2) Transfer or entrust a state or federal agency or federally recognized Indian tribe to take possession of property removed from submerged lands owned by the state. Added by Act 2013, No. 552,§ 2, eff. 8/16/2013.

(a) As used in this section, "object of antiquity" includes without limitation property lost or abandoned for twenty-five (25) years or more.

(b) An object of antiquity found in the submerged lands of the state and not claimed by the United States Government or protected under the Native American Graves Protection and Repatriation Act, 25 U.S.C. § 3001 et seq., shall be the property of the state and be held in trust by the Commissioner of State Lands.

(c) A person removing an object of antiquity without permission of the Commissioner of State Lands is guilty of theft of property under § 5-36-103 .

(d) The Commissioner of State Lands may: (1) Work with state or federal agencies to study, protect, and remove an object of antiquity; and (2) Transfer or entrust a state or federal agency or federally recognized Indian tribe to take possession of property removed from submerged lands owned by the state.

(1) Work with state or federal agencies to study, protect, and remove an object of antiquity; and

(2) Transfer or entrust a state or federal agency or federally recognized Indian tribe to take possession of property removed from submerged lands owned by the state.

Added by Act 2013, No. 552,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 22-6-108 — AR Code / Title 22 / Chapter 6 / Subchapter 1 / Section 22-6-108
Seal of Commissioner of State Lands sufficient verification
Status: in_force

The seal of the Commissioner of State Lands shall be sufficient verification and authentication of the deed made by him or her for any class of lands mentioned in this act, and the deed shall be received as evidence of the legal title to the lands in any court in this state. Acts 1885, No. 10, § 6, p. 10; C. & M. Dig., § 6594; Pope's Dig., § 8628; A.S.A. 1947, § 10-527.

The seal of the Commissioner of State Lands shall be sufficient verification and authentication of the deed made by him or her for any class of lands mentioned in this act, and the deed shall be received as evidence of the legal title to the lands in any court in this state.

Acts 1885, No. 10, § 6, p. 10; C. & M. Dig., § 6594; Pope's Dig., § 8628; A.S.A. 1947, § 10-527.
Ark. Code Ann. § 22-5-815 — AR Code / Title 22 / Chapter 5 / Subchapter 8 / Section 22-5-815
Mineral rights in lands covered by artificially created navigable waters
Status: in_force

(a) The State of Arkansas shall not acquire title to the oil, gas, and other minerals in and under lands covered by navigable waters artificially created by agencies of the United States or the State of Arkansas in any instance where the underlying minerals are not purchased or condemned and compensation paid therefor. (b) The private ownership of the oil, gas, and other minerals in and under lands covered by artificially created navigable waters as established by this section shall be subservient to, and the exercise of rights of extraction and removal thereof shall not be permitted to interfere with or impair, the rights of public navigation, transportation, fishing, and recreation in and upon such navigable waters. (c) No affirmative action shall be required by the mineral owner or the State of Arkansas to enable the mineral owner to retain ownership of the minerals in and under the artificially inundated lands. (d) (1) If the mineral owner desires record proof of his or her continued ownership of the minerals, he or she may file an application with the Commissioner of State Lands for a quitclaim deed covering the minerals in and under the inundated lands. (2) If the inundated lands have been surveyed and platted by an agency of the United States or the State of Arkansas, the mineral owner may furnish a copy of the survey and plat to the Commissioner of State Lands. (3) If the survey and plat sufficiently identify the land, no further survey shall be required. (e) (1) In the alternative, the mineral owner may file a deposit of the estimated cost of a survey with his or her application, and the Commissioner of State Lands shall direct the county surveyor of the county in which the lands are located, or some other competent surveyor, to make an accurate survey of the lands and to plat them in reference to the survey of adjacent lands and file the survey and plat in the office of the Commissioner of State Lands. (2) Upon the filing of the survey and plat, the Commissioner of State Lands shall pay for the cost of the survey out of the money deposited as provided in subdivision (e)(1) of this section. (3) If the deposit is insufficient for that purpose, the Commissioner of State Lands may require an additional deposit. (4) If any deposited funds remain after payment, they shall be refunded to the depositor. (f) After the survey and plat of the agency of the United States or the State of Arkansas or the survey and plat of the surveyor selected by the Commissioner of State Lands are filed, the applicant shall file affidavits of at least two (2) competent persons having full personal knowledge of the facts, establishing that the applicant is the present owner of the minerals in and under the lands shown in the survey and that the lands have been inundated without payment of compensation for the minerals by an agency of the United States or the State of Arkansas. (g) Upon receipt of the survey and affidavits, the Commissioner of State Lands may issue a quitclaim deed to the applicant upon the payment of a deed fee of one dollar ($1.00). The quitclaim deed shall establish that the state has no claim in and makes no claim to the oil, gas, and other minerals in and under the lands described in the survey. (h) The State of Arkansas quitclaims and relinquishes to the previous mineral owner and his or her successors and assigns all of the state's right, title, and interest to the oil, gas, and other minerals in and under lands covered prior to February 23, 1965, by artificially created navigable waters caused by an agency of the United States or the State of Arkansas and for which compensation has not been paid. (i) If the previous mineral owner desires record proof of his or her continued ownership of the minerals, he or she may follow the procedure outlined in this section and obtain a quitclaim deed from the Commissioner of State Lands. Acts 1965, No. 112, §§ 1-4; A.S.A. 1947, §§ 10-1010 -- 10-1013.

(a) The State of Arkansas shall not acquire title to the oil, gas, and other minerals in and under lands covered by navigable waters artificially created by agencies of the United States or the State of Arkansas in any instance where the underlying minerals are not purchased or condemned and compensation paid therefor.

(b) The private ownership of the oil, gas, and other minerals in and under lands covered by artificially created navigable waters as established by this section shall be subservient to, and the exercise of rights of extraction and removal thereof shall not be permitted to interfere with or impair, the rights of public navigation, transportation, fishing, and recreation in and upon such navigable waters.

(c) No affirmative action shall be required by the mineral owner or the State of Arkansas to enable the mineral owner to retain ownership of the minerals in and under the artificially inundated lands.

(d) (1) If the mineral owner desires record proof of his or her continued ownership of the minerals, he or she may file an application with the Commissioner of State Lands for a quitclaim deed covering the minerals in and under the inundated lands. (2) If the inundated lands have been surveyed and platted by an agency of the United States or the State of Arkansas, the mineral owner may furnish a copy of the survey and plat to the Commissioner of State Lands. (3) If the survey and plat sufficiently identify the land, no further survey shall be required.

(1) If the mineral owner desires record proof of his or her continued ownership of the minerals, he or she may file an application with the Commissioner of State Lands for a quitclaim deed covering the minerals in and under the inundated lands.

(2) If the inundated lands have been surveyed and platted by an agency of the United States or the State of Arkansas, the mineral owner may furnish a copy of the survey and plat to the Commissioner of State Lands.

(3) If the survey and plat sufficiently identify the land, no further survey shall be required.

(e) (1) In the alternative, the mineral owner may file a deposit of the estimated cost of a survey with his or her application, and the Commissioner of State Lands shall direct the county surveyor of the county in which the lands are located, or some other competent surveyor, to make an accurate survey of the lands and to plat them in reference to the survey of adjacent lands and file the survey and plat in the office of the Commissioner of State Lands. (2) Upon the filing of the survey and plat, the Commissioner of State Lands shall pay for the cost of the survey out of the money deposited as provided in subdivision (e)(1) of this section. (3) If the deposit is insufficient for that purpose, the Commissioner of State Lands may require an additional deposit. (4) If any deposited funds remain after payment, they shall be refunded to the depositor.

(1) In the alternative, the mineral owner may file a deposit of the estimated cost of a survey with his or her application, and the Commissioner of State Lands shall direct the county surveyor of the county in which the lands are located, or some other competent surveyor, to make an accurate survey of the lands and to plat them in reference to the survey of adjacent lands and file the survey and plat in the office of the Commissioner of State Lands.

(2) Upon the filing of the survey and plat, the Commissioner of State Lands shall pay for the cost of the survey out of the money deposited as provided in subdivision (e)(1) of this section.

(3) If the deposit is insufficient for that purpose, the Commissioner of State Lands may require an additional deposit.

(4) If any deposited funds remain after payment, they shall be refunded to the depositor.

(f) After the survey and plat of the agency of the United States or the State of Arkansas or the survey and plat of the surveyor selected by the Commissioner of State Lands are filed, the applicant shall file affidavits of at least two (2) competent persons having full personal knowledge of the facts, establishing that the applicant is the present owner of the minerals in and under the lands shown in the survey and that the lands have been inundated without payment of compensation for the minerals by an agency of the United States or the State of Arkansas.

(g) Upon receipt of the survey and affidavits, the Commissioner of State Lands may issue a quitclaim deed to the applicant upon the payment of a deed fee of one dollar ($1.00). The quitclaim deed shall establish that the state has no claim in and makes no claim to the oil, gas, and other minerals in and under the lands described in the survey.

(h) The State of Arkansas quitclaims and relinquishes to the previous mineral owner and his or her successors and assigns all of the state's right, title, and interest to the oil, gas, and other minerals in and under lands covered prior to February 23, 1965, by artificially created navigable waters caused by an agency of the United States or the State of Arkansas and for which compensation has not been paid.

(i) If the previous mineral owner desires record proof of his or her continued ownership of the minerals, he or she may follow the procedure outlined in this section and obtain a quitclaim deed from the Commissioner of State Lands.

Acts 1965, No. 112, §§ 1-4; A.S.A. 1947, §§ 10-1010 -- 10-1013.
Ark. Code Ann. § 22-3-802 — AR Code / Title 22 / Chapter 3 / Subchapter 8 / Section 22-3-802
Maintenance - Use of appropriations
Status: in_force

(a) Of the amounts from time to time appropriated by the General Assembly for the maintenance of the Governor's Mansion, a lump-sum monthly installment of one-twelfth ( 1 / 12 ) of the annual appropriation is authorized to be withdrawn by the disbursing officer of the Arkansas Governor's Mansion Commission to be used by him or her for the payment of all expenses incurred in the operation of the mansion, including the purchase of food and all miscellaneous items of a minor nature, and the expenditure of the funds so withdrawn shall not be subject to the purchasing laws or the laws relating to either the preaudit or postaudit of expenditures. (b) The disbursing officer of the commission shall file with the Legislative Council an annual summary statement of expenditures made by him or her of the maintenance funds so withdrawn, together with a statement of the adequacy of the amount of the funds for operation of the mansion and grounds. Acts 1953, No. 289, § 1; A.S.A. 1947, § 12-306; Acts 1992 (2nd Ex. Sess.), No. 1, § 2.

(a) Of the amounts from time to time appropriated by the General Assembly for the maintenance of the Governor's Mansion, a lump-sum monthly installment of one-twelfth ( 1 / 12 ) of the annual appropriation is authorized to be withdrawn by the disbursing officer of the Arkansas Governor's Mansion Commission to be used by him or her for the payment of all expenses incurred in the operation of the mansion, including the purchase of food and all miscellaneous items of a minor nature, and the expenditure of the funds so withdrawn shall not be subject to the purchasing laws or the laws relating to either the preaudit or postaudit of expenditures.

(b) The disbursing officer of the commission shall file with the Legislative Council an annual summary statement of expenditures made by him or her of the maintenance funds so withdrawn, together with a statement of the adequacy of the amount of the funds for operation of the mansion and grounds.

Acts 1953, No. 289, § 1; A.S.A. 1947, § 12-306; Acts 1992 (2nd Ex. Sess.), No. 1, § 2.
Ark. Code Ann. § 22-1-202 — AR Code / Title 22 / Chapter 1 / Subchapter 2 / Section 22-1-202
Municipal waterworks lands
Status: in_force

Regardless of the beginning date thereof, no adverse possession or adverse use of lands or easements owned by a municipality for municipal waterworks purposes shall or can ripen into title or permanent right. This section shall have no application to any possession or use which ripened into title or permanent right prior to the enactment of this section. Acts 1965, No. 16, § 1; A.S.A. 1947, § 37-111.

Regardless of the beginning date thereof, no adverse possession or adverse use of lands or easements owned by a municipality for municipal waterworks purposes shall or can ripen into title or permanent right. This section shall have no application to any possession or use which ripened into title or permanent right prior to the enactment of this section.

Acts 1965, No. 16, § 1; A.S.A. 1947, § 37-111.
Ark. Code Ann. § 22-5-604 — AR Code / Title 22 / Chapter 5 / Subchapter 6 / Section 22-5-604
Suit for cancellation of donation certificate
Status: in_force

(a) Whenever the Attorney General shall receive information that any donee of state land has violated or failed to comply with any of the laws relating to the donation of state lands, the Attorney General shall file a complaint with the Commissioner of State Lands praying for the cancellation of the donation certificate. (b) The complaint shall set forth the reason for the cancellation of the certificate, and a copy of the complaint shall be served on the donee ten (10) days before the matter is heard by the Commissioner of State Lands. (c) The state and the donee may present affidavits as proof. (d) If the decision of the Commissioner of State Lands shall be adverse to the donee, the donee shall have the right to appeal to the Pulaski County Circuit Court from the decision. Acts 1931, No. 125, § 3; Pope's Dig., § 8728; A.S.A. 1947, § 10-310.

(a) Whenever the Attorney General shall receive information that any donee of state land has violated or failed to comply with any of the laws relating to the donation of state lands, the Attorney General shall file a complaint with the Commissioner of State Lands praying for the cancellation of the donation certificate.

(b) The complaint shall set forth the reason for the cancellation of the certificate, and a copy of the complaint shall be served on the donee ten (10) days before the matter is heard by the Commissioner of State Lands.

(c) The state and the donee may present affidavits as proof.

(d) If the decision of the Commissioner of State Lands shall be adverse to the donee, the donee shall have the right to appeal to the Pulaski County Circuit Court from the decision.

Acts 1931, No. 125, § 3; Pope's Dig., § 8728; A.S.A. 1947, § 10-310.
Ark. Code Ann. § 22-8-102 — AR Code / Title 22 / Chapter 8 / Subchapter 1 / Section 22-8-102
Leasing and renting of vehicles by state agencies - Definitions
Status: in_force

(a) As used in this section: (1) "Lease" means obtaining the use of a motor vehicle from any source for a monetary fee, for a period of thirty-one (31) days or more; (2) "Rental" means obtaining the use of a motor vehicle from any source for a monetary fee for a period of thirty (30) days or less; and (3) "State agency" means the same as defined in § 19-11-203 . (b) (1) Before any state agency leases any motor vehicle or renews any existing lease for a motor vehicle, the state agency shall submit a written request to the State Procurement Director identifying the motor vehicles sought to be leased by the state agency and all facts and circumstances the director may request to enable him or her to determine the economics, need, and feasibility of leasing the motor vehicle. (2) Upon receipt, the director shall review the request to lease the motor vehicle, and if he or she determines that the lease is in the best interest of the State of Arkansas and that the state agency has adequate funds to pay the lease, he or she may approve the request but only if the proposed lease has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (3) If, after the Legislative Council or the Joint Budget Committee has reviewed the proposed lease of the motor vehicle, the director approves the proposed lease of the motor vehicle, the director shall stamp his or her approval on the request and return it to the state agency, which may proceed to enter into the lease as proposed and approved by the director. (c) If the director disapproves a proposed lease of a motor vehicle, he or she shall stamp his or her disapproval on the request and return it to the state agency, and it shall be unlawful for the state agency to proceed to lease the motor vehicle. (d) If federal assistance requirements or federal contract requirements conflict with this section, this section shall not prevent a state agency from complying with the terms and conditions of the federal assistance requirements or the federal contract requirements. (e) It is a violation of state procurement laws, Arkansas Code Title 19, Chapter 11, for a state agency official to conduct multiple rentals of a motor vehicle to avoid the approval and review requirements of this section. Amended by Act 2019, No. 417,§ 10, eff. 7/24/2019. Acts 1977, No. 455, § 3; A.S.A. 1947, § 14-526; Acts 2001, No. 588, § 1.

(a) As used in this section: (1) "Lease" means obtaining the use of a motor vehicle from any source for a monetary fee, for a period of thirty-one (31) days or more; (2) "Rental" means obtaining the use of a motor vehicle from any source for a monetary fee for a period of thirty (30) days or less; and (3) "State agency" means the same as defined in § 19-11-203 .

(1) "Lease" means obtaining the use of a motor vehicle from any source for a monetary fee, for a period of thirty-one (31) days or more;

(2) "Rental" means obtaining the use of a motor vehicle from any source for a monetary fee for a period of thirty (30) days or less; and

(3) "State agency" means the same as defined in § 19-11-203 .

(b) (1) Before any state agency leases any motor vehicle or renews any existing lease for a motor vehicle, the state agency shall submit a written request to the State Procurement Director identifying the motor vehicles sought to be leased by the state agency and all facts and circumstances the director may request to enable him or her to determine the economics, need, and feasibility of leasing the motor vehicle. (2) Upon receipt, the director shall review the request to lease the motor vehicle, and if he or she determines that the lease is in the best interest of the State of Arkansas and that the state agency has adequate funds to pay the lease, he or she may approve the request but only if the proposed lease has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (3) If, after the Legislative Council or the Joint Budget Committee has reviewed the proposed lease of the motor vehicle, the director approves the proposed lease of the motor vehicle, the director shall stamp his or her approval on the request and return it to the state agency, which may proceed to enter into the lease as proposed and approved by the director.

(1) Before any state agency leases any motor vehicle or renews any existing lease for a motor vehicle, the state agency shall submit a written request to the State Procurement Director identifying the motor vehicles sought to be leased by the state agency and all facts and circumstances the director may request to enable him or her to determine the economics, need, and feasibility of leasing the motor vehicle.

(2) Upon receipt, the director shall review the request to lease the motor vehicle, and if he or she determines that the lease is in the best interest of the State of Arkansas and that the state agency has adequate funds to pay the lease, he or she may approve the request but only if the proposed lease has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(3) If, after the Legislative Council or the Joint Budget Committee has reviewed the proposed lease of the motor vehicle, the director approves the proposed lease of the motor vehicle, the director shall stamp his or her approval on the request and return it to the state agency, which may proceed to enter into the lease as proposed and approved by the director.

(c) If the director disapproves a proposed lease of a motor vehicle, he or she shall stamp his or her disapproval on the request and return it to the state agency, and it shall be unlawful for the state agency to proceed to lease the motor vehicle.

(d) If federal assistance requirements or federal contract requirements conflict with this section, this section shall not prevent a state agency from complying with the terms and conditions of the federal assistance requirements or the federal contract requirements.

(e) It is a violation of state procurement laws, Arkansas Code Title 19, Chapter 11, for a state agency official to conduct multiple rentals of a motor vehicle to avoid the approval and review requirements of this section.

Amended by Act 2019, No. 417,§ 10, eff. 7/24/2019.

Acts 1977, No. 455, § 3; A.S.A. 1947, § 14-526; Acts 2001, No. 588, § 1.
Ark. Code Ann. § 22-3-501 — AR Code / Title 22 / Chapter 3 / Subchapter 5 / Section 22-3-501
Definitions
Status: in_force

As used in this subchapter: (1) "Project" means expenditures for capital construction or for capital improvements, including landscaping on the State Capitol grounds, but shall not include: (A) Renovations, improvements, or remodeling within the interior of structures now existing on the State Capitol grounds; (B) Repair or maintenance that does not substantially change the existing use of space on the State Capitol grounds, that does not add additional square footage to existing buildings or facilities, and that does not change exterior building design; or (C) Individual plantings within an established landscaping plan that do not alter the overall plan concept; (2) "Project" or "capital improvement project" means and includes the location of memorials, fountains, monuments, sculptures, and other works of art, including proposals for the relocation of any fountains, memorials, or monuments and similar facilities on the State Capitol grounds; (3) "State agency" means any state board, commission, department, or any division thereof authorized by law to engage in capital construction or improvement projects on the State Capitol grounds; and (4) (A) "State Capitol grounds" means all land, parking areas, and streets which are under the jurisdiction of the Secretary of State. (B) This shall include the land, parking areas, and streets surrounding the State Capitol Building, the Capitol Hill Building, the Grounds Operations shop, and other land that is maintained by the Secretary of State. Acts 1987, No. 665, §§ 3, 5; 1997, No. 1043, § 1; 2005, No. 1379, § 1.

As used in this subchapter:

(1) "Project" means expenditures for capital construction or for capital improvements, including landscaping on the State Capitol grounds, but shall not include: (A) Renovations, improvements, or remodeling within the interior of structures now existing on the State Capitol grounds; (B) Repair or maintenance that does not substantially change the existing use of space on the State Capitol grounds, that does not add additional square footage to existing buildings or facilities, and that does not change exterior building design; or (C) Individual plantings within an established landscaping plan that do not alter the overall plan concept;

(A) Renovations, improvements, or remodeling within the interior of structures now existing on the State Capitol grounds;

(B) Repair or maintenance that does not substantially change the existing use of space on the State Capitol grounds, that does not add additional square footage to existing buildings or facilities, and that does not change exterior building design; or

(C) Individual plantings within an established landscaping plan that do not alter the overall plan concept;

(2) "Project" or "capital improvement project" means and includes the location of memorials, fountains, monuments, sculptures, and other works of art, including proposals for the relocation of any fountains, memorials, or monuments and similar facilities on the State Capitol grounds;

(3) "State agency" means any state board, commission, department, or any division thereof authorized by law to engage in capital construction or improvement projects on the State Capitol grounds; and

(4) (A) "State Capitol grounds" means all land, parking areas, and streets which are under the jurisdiction of the Secretary of State. (B) This shall include the land, parking areas, and streets surrounding the State Capitol Building, the Capitol Hill Building, the Grounds Operations shop, and other land that is maintained by the Secretary of State.

(A) "State Capitol grounds" means all land, parking areas, and streets which are under the jurisdiction of the Secretary of State.

(B) This shall include the land, parking areas, and streets surrounding the State Capitol Building, the Capitol Hill Building, the Grounds Operations shop, and other land that is maintained by the Secretary of State.

Acts 1987, No. 665, §§ 3, 5; 1997, No. 1043, § 1; 2005, No. 1379, § 1.
Ark. Code Ann. § 22-9-404 — AR Code / Title 22 / Chapter 9 / Subchapter 4 / Section 22-9-404
Subcontractor bonds
Status: in_force

(a) (1) If required by the general contractor, each subcontractor must provide the general contractor with a payment and performance bond made by a surety company qualified under § 22-9-401 et seq., or a cash bond in a sum equal to the full amount of the subcontractor's bid on a portion of a public works contract when: (A) The subcontractor is the low responsible bidder for that portion of the contract; (B) The state, pursuant to § 22-9-204 , requires the general contractor to list the subcontractor in the general contractor's bid; and (C) The work value of the subcontractor's bid is in excess of fifty thousand dollars ($50,000). (2) If the general contractor requires the subcontractor to provide a bond, the subcontractor shall provide the bond to the general contractor within five (5) days after the award of the contract by the general contractor to the subcontractor. (b) If the subcontractor fails to provide a payment and performance bond when required by the general contractor, the subcontractor shall lose the bid and shall pay to the general contractor a penalty equivalent to ten percent (10%) of the subcontractor's bid or the difference between the low bid and the next responsible bid and the next responsible low bid, whichever is less, plus cost of recovery of the penalty, including attorney's fees. The purpose of this section is to compensate the general contractor for the difference between the low bid and the next responsible low bid. (c) The general contractor may enforce this section by a civil action in circuit court. (d) The provisions of this section shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets. Acts 1993, No. 190, §§ 1-3; 1993, No. 1061, §§ 1, 2.

(a) (1) If required by the general contractor, each subcontractor must provide the general contractor with a payment and performance bond made by a surety company qualified under § 22-9-401 et seq., or a cash bond in a sum equal to the full amount of the subcontractor's bid on a portion of a public works contract when: (A) The subcontractor is the low responsible bidder for that portion of the contract; (B) The state, pursuant to § 22-9-204 , requires the general contractor to list the subcontractor in the general contractor's bid; and (C) The work value of the subcontractor's bid is in excess of fifty thousand dollars ($50,000). (2) If the general contractor requires the subcontractor to provide a bond, the subcontractor shall provide the bond to the general contractor within five (5) days after the award of the contract by the general contractor to the subcontractor.

(1) If required by the general contractor, each subcontractor must provide the general contractor with a payment and performance bond made by a surety company qualified under § 22-9-401 et seq., or a cash bond in a sum equal to the full amount of the subcontractor's bid on a portion of a public works contract when: (A) The subcontractor is the low responsible bidder for that portion of the contract; (B) The state, pursuant to § 22-9-204 , requires the general contractor to list the subcontractor in the general contractor's bid; and (C) The work value of the subcontractor's bid is in excess of fifty thousand dollars ($50,000).

(A) The subcontractor is the low responsible bidder for that portion of the contract;

(B) The state, pursuant to § 22-9-204 , requires the general contractor to list the subcontractor in the general contractor's bid; and

(C) The work value of the subcontractor's bid is in excess of fifty thousand dollars ($50,000).

(2) If the general contractor requires the subcontractor to provide a bond, the subcontractor shall provide the bond to the general contractor within five (5) days after the award of the contract by the general contractor to the subcontractor.

(b) If the subcontractor fails to provide a payment and performance bond when required by the general contractor, the subcontractor shall lose the bid and shall pay to the general contractor a penalty equivalent to ten percent (10%) of the subcontractor's bid or the difference between the low bid and the next responsible bid and the next responsible low bid, whichever is less, plus cost of recovery of the penalty, including attorney's fees. The purpose of this section is to compensate the general contractor for the difference between the low bid and the next responsible low bid.

(c) The general contractor may enforce this section by a civil action in circuit court.

(d) The provisions of this section shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets.

Acts 1993, No. 190, §§ 1-3; 1993, No. 1061, §§ 1, 2.
Ark. Code Ann. § 22-9-315 — AR Code / Title 22 / Chapter 9 / Subchapter 3 / Section 22-9-315
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1068,§ 1, eff. 4/6/2017. Acts 1995, No. 548, § 9.

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

Acts 1995, No. 548, § 9.
Ark. Code Ann. § 22-6-202 — AR Code / Title 22 / Chapter 6 / Subchapter 2 / Section 22-6-202
Title and administration of islands and submerged lands
Status: in_force

(a) Except as provided in § 22-6-204 , islands formed or that may form in the navigable waters of this state are the property of the state and subject to sale and disposition in the manner and form provided in this subchapter. (b) The Commissioner of State Lands may lease, grant, or sell islands or submerged lands and may promulgate rules to implement this section. (c) The construction, alteration, or placement of objects below the ordinary high water mark in a navigable river, stream, or lake shall not be permitted without permission from the Commissioner of State Lands. (d) The Commissioner of State Lands may: (1) Enter into agreements and partnerships with other agencies to carry out the intent of this section; (2) Require the removal of an existing structure that occupies the submerged lands of a navigable stream, river, or lake; or (3) Require compensation to the Commissioner of State Lands by the owner for the continued use of submerged lands. (e) (1) The Commissioner of State Lands, or at the request of the Commissioner of State Lands, the Attorney General, may institute an action in a court with proper venue and subject matter jurisdiction over submerged lands or the Pulaski County Circuit Court to remove a structure or debris resting on the submerged lands of the navigable waters of the state or to enjoin the construction or placement of a structure upon the submerged lands. (2) If a court finds that a structure or debris is on the submerged lands of the state without permission from the Commissioner of State Lands, the court may order the owner of the structure or debris to: (A) Remove the structure or debris; and (B) Pay the expenses of removing the structure or debris. (3) If the structure or debris has been removed by the state or a local government, the judge may order the owner to: (A) Reimburse the state or local government for the costs of removal; and (B) Pay the state or local government its court costs and reasonable attorney's fees. Amended by Act 2013, No. 552,§ 1, eff. 8/16/2013. Acts 1959, No. 452, §§ 1, 4; A.S.A. 1947, §§ 10-601, 10-603; Acts 1991, No. 807, § 2.

(a) Except as provided in § 22-6-204 , islands formed or that may form in the navigable waters of this state are the property of the state and subject to sale and disposition in the manner and form provided in this subchapter.

(b) The Commissioner of State Lands may lease, grant, or sell islands or submerged lands and may promulgate rules to implement this section.

(c) The construction, alteration, or placement of objects below the ordinary high water mark in a navigable river, stream, or lake shall not be permitted without permission from the Commissioner of State Lands.

(d) The Commissioner of State Lands may: (1) Enter into agreements and partnerships with other agencies to carry out the intent of this section; (2) Require the removal of an existing structure that occupies the submerged lands of a navigable stream, river, or lake; or (3) Require compensation to the Commissioner of State Lands by the owner for the continued use of submerged lands.

(1) Enter into agreements and partnerships with other agencies to carry out the intent of this section;

(2) Require the removal of an existing structure that occupies the submerged lands of a navigable stream, river, or lake; or

(3) Require compensation to the Commissioner of State Lands by the owner for the continued use of submerged lands.

(e) (1) The Commissioner of State Lands, or at the request of the Commissioner of State Lands, the Attorney General, may institute an action in a court with proper venue and subject matter jurisdiction over submerged lands or the Pulaski County Circuit Court to remove a structure or debris resting on the submerged lands of the navigable waters of the state or to enjoin the construction or placement of a structure upon the submerged lands. (2) If a court finds that a structure or debris is on the submerged lands of the state without permission from the Commissioner of State Lands, the court may order the owner of the structure or debris to: (A) Remove the structure or debris; and (B) Pay the expenses of removing the structure or debris. (3) If the structure or debris has been removed by the state or a local government, the judge may order the owner to: (A) Reimburse the state or local government for the costs of removal; and (B) Pay the state or local government its court costs and reasonable attorney's fees.

(1) The Commissioner of State Lands, or at the request of the Commissioner of State Lands, the Attorney General, may institute an action in a court with proper venue and subject matter jurisdiction over submerged lands or the Pulaski County Circuit Court to remove a structure or debris resting on the submerged lands of the navigable waters of the state or to enjoin the construction or placement of a structure upon the submerged lands.

(2) If a court finds that a structure or debris is on the submerged lands of the state without permission from the Commissioner of State Lands, the court may order the owner of the structure or debris to: (A) Remove the structure or debris; and (B) Pay the expenses of removing the structure or debris.

(A) Remove the structure or debris; and

(B) Pay the expenses of removing the structure or debris.

(3) If the structure or debris has been removed by the state or a local government, the judge may order the owner to: (A) Reimburse the state or local government for the costs of removal; and (B) Pay the state or local government its court costs and reasonable attorney's fees.

(A) Reimburse the state or local government for the costs of removal; and

(B) Pay the state or local government its court costs and reasonable attorney's fees.

Amended by Act 2013, No. 552,§ 1, eff. 8/16/2013.

Acts 1959, No. 452, §§ 1, 4; A.S.A. 1947, §§ 10-601, 10-603; Acts 1991, No. 807, § 2.
Ark. Code Ann. § 22-3-1804 — AR Code / Title 22 / Chapter 3 / Subchapter 18 / Section 22-3-1804
Standards for Arkansas
Status: in_force

(a) If a state agency decides to pursue either the Leadership in Energy and Environmental Design certification or the Green Globes certification, the standards of this section shall apply for the purpose of state building projects. (b) (1) Use of the Leadership in Energy and Environmental Design rating system shall be with the following supplemental provisions specific to state building projects: (A) Under LEED EQ Credit 4.4, one (1) point shall be awarded for the use of composite wood and agrifiber products if the architect or responsible party provides appropriate documentation that the products are third-party certified as meeting the American National Standards Institute standard requirements, ANSI A208.1 for Particleboard Standard, ANSI A208.2 for MDF, for formaldehyde emissions, or contain no added urea-formaldehyde; (B) Under LEED MR Credit 4, one (1) point shall be awarded when the sum of postconsumer recycled content plus one-half (½) of the preconsumer recycled content constitutes at least ten percent (10%) of the total value of the materials in the project. A second point shall be awarded if the sum of postconsumer recycled content plus one-half (½) of the preconsumer content constitutes at least twenty percent (20%) of the total value of the materials in the project. The valuation is to be determined by using the LEED-NC letter template; (C) Under LEED MR Credit 6, one (1) point shall also be awarded for the use of renewable, bio-based materials for five percent (5%) of the total value of all the products used in the project that are either residuals of or products grown or harvested under a recognized sustainable management system such as the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; (D) Under LEED MR Credit 7, one (1) point shall also be awarded for the use of renewable, bio-based raw materials certified in accordance with one (1) or more premier certification programs for environmental management for fifty percent (50%) of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; (E) Under LEED ID Credit 1.1, one (1) point will be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering bio-based products managed under a recognized sustainable management plan; and (F) Under LEED ID Credit 1.2, one (1) point will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided. (2) Use of the Green Globes rating system shall be with the following supplemental provision specific to state building projects: (A) An additional fifteen (15) points shall be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering wood bio-based products; and (B) Fifteen (15) points will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided. Acts 2005, No. 1770, § 1.

(a) If a state agency decides to pursue either the Leadership in Energy and Environmental Design certification or the Green Globes certification, the standards of this section shall apply for the purpose of state building projects.

(b) (1) Use of the Leadership in Energy and Environmental Design rating system shall be with the following supplemental provisions specific to state building projects: (A) Under LEED EQ Credit 4.4, one (1) point shall be awarded for the use of composite wood and agrifiber products if the architect or responsible party provides appropriate documentation that the products are third-party certified as meeting the American National Standards Institute standard requirements, ANSI A208.1 for Particleboard Standard, ANSI A208.2 for MDF, for formaldehyde emissions, or contain no added urea-formaldehyde; (B) Under LEED MR Credit 4, one (1) point shall be awarded when the sum of postconsumer recycled content plus one-half (½) of the preconsumer recycled content constitutes at least ten percent (10%) of the total value of the materials in the project. A second point shall be awarded if the sum of postconsumer recycled content plus one-half (½) of the preconsumer content constitutes at least twenty percent (20%) of the total value of the materials in the project. The valuation is to be determined by using the LEED-NC letter template; (C) Under LEED MR Credit 6, one (1) point shall also be awarded for the use of renewable, bio-based materials for five percent (5%) of the total value of all the products used in the project that are either residuals of or products grown or harvested under a recognized sustainable management system such as the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; (D) Under LEED MR Credit 7, one (1) point shall also be awarded for the use of renewable, bio-based raw materials certified in accordance with one (1) or more premier certification programs for environmental management for fifty percent (50%) of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; (E) Under LEED ID Credit 1.1, one (1) point will be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering bio-based products managed under a recognized sustainable management plan; and (F) Under LEED ID Credit 1.2, one (1) point will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided. (2) Use of the Green Globes rating system shall be with the following supplemental provision specific to state building projects: (A) An additional fifteen (15) points shall be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering wood bio-based products; and (B) Fifteen (15) points will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided.

(1) Use of the Leadership in Energy and Environmental Design rating system shall be with the following supplemental provisions specific to state building projects: (A) Under LEED EQ Credit 4.4, one (1) point shall be awarded for the use of composite wood and agrifiber products if the architect or responsible party provides appropriate documentation that the products are third-party certified as meeting the American National Standards Institute standard requirements, ANSI A208.1 for Particleboard Standard, ANSI A208.2 for MDF, for formaldehyde emissions, or contain no added urea-formaldehyde; (B) Under LEED MR Credit 4, one (1) point shall be awarded when the sum of postconsumer recycled content plus one-half (½) of the preconsumer recycled content constitutes at least ten percent (10%) of the total value of the materials in the project. A second point shall be awarded if the sum of postconsumer recycled content plus one-half (½) of the preconsumer content constitutes at least twenty percent (20%) of the total value of the materials in the project. The valuation is to be determined by using the LEED-NC letter template; (C) Under LEED MR Credit 6, one (1) point shall also be awarded for the use of renewable, bio-based materials for five percent (5%) of the total value of all the products used in the project that are either residuals of or products grown or harvested under a recognized sustainable management system such as the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; (D) Under LEED MR Credit 7, one (1) point shall also be awarded for the use of renewable, bio-based raw materials certified in accordance with one (1) or more premier certification programs for environmental management for fifty percent (50%) of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided; (E) Under LEED ID Credit 1.1, one (1) point will be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering bio-based products managed under a recognized sustainable management plan; and (F) Under LEED ID Credit 1.2, one (1) point will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided.

(A) Under LEED EQ Credit 4.4, one (1) point shall be awarded for the use of composite wood and agrifiber products if the architect or responsible party provides appropriate documentation that the products are third-party certified as meeting the American National Standards Institute standard requirements, ANSI A208.1 for Particleboard Standard, ANSI A208.2 for MDF, for formaldehyde emissions, or contain no added urea-formaldehyde;

(B) Under LEED MR Credit 4, one (1) point shall be awarded when the sum of postconsumer recycled content plus one-half (½) of the preconsumer recycled content constitutes at least ten percent (10%) of the total value of the materials in the project. A second point shall be awarded if the sum of postconsumer recycled content plus one-half (½) of the preconsumer content constitutes at least twenty percent (20%) of the total value of the materials in the project. The valuation is to be determined by using the LEED-NC letter template;

(C) Under LEED MR Credit 6, one (1) point shall also be awarded for the use of renewable, bio-based materials for five percent (5%) of the total value of all the products used in the project that are either residuals of or products grown or harvested under a recognized sustainable management system such as the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided;

(D) Under LEED MR Credit 7, one (1) point shall also be awarded for the use of renewable, bio-based raw materials certified in accordance with one (1) or more premier certification programs for environmental management for fifty percent (50%) of the total value of all bio-based materials and products used in the project. Certification programs include, but are not limited to, the Forest Stewardship Council, the Sustainable Forestry Initiative program, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided;

(E) Under LEED ID Credit 1.1, one (1) point will be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering bio-based products managed under a recognized sustainable management plan; and

(F) Under LEED ID Credit 1.2, one (1) point will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided.

(2) Use of the Green Globes rating system shall be with the following supplemental provision specific to state building projects: (A) An additional fifteen (15) points shall be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering wood bio-based products; and (B) Fifteen (15) points will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided.

(A) An additional fifteen (15) points shall be awarded if five percent (5%) or more of the mass of all building materials used are carbon-sequestering wood bio-based products; and

(B) Fifteen (15) points will be awarded for the use of bio-based materials derived from multiple credible certified sources supported by an environmental management system certified under the International Organization for Standardization standard ISO 14001, including the Forest Stewardship Council, the Sustainable Forestry Initiative, the American Tree Farm System, the Canadian Standards Association, the Organic Trade Association, and the Association for Bamboo in Construction. The applicable vendor's or manufacturer's certification documentation must be provided.

Acts 2005, No. 1770, § 1.