reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-309 - Online notarization process

(a)
An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if:
(1)
The online notary public is physically located within this state but regardless of whether or not the principal is a remotely located individual at the time of the online notarial act;
(2)
The online notary public:
(A)
Is able to verify the principal's identity according to subsection (b) of this section;
(B)
Is able to reasonably confirm that a record before the notary public is the same record on which the principal made a statement or on which the principal executed a signature; and
(C)
Creates an audiovisual recording of the performance of the online notarial act or designates an individual to do this on behalf of the online notary public;
(3)
For a remotely located individual located outside the United States, an online notary public confirms that the record:
(A)
Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(B)
Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(4)
The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(b)
(1)
In performing an online notarial act, a notary public shall verify the identity of a person creating an electronic signature at the time that the electronic signature is taken by using communication technology that meets the requirements of this subchapter.
(2)
Identity may be verified by:
(A)
A notary public's personal knowledge of the person creating the electronic signature;
(B)
Satisfactory evidence of the identity of the principal from a credible witness; or
(C)
Each of the following:
(i)
Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person;
(ii)
Credential analysis; and
(iii)
Identity proofing.
(c)
A notary public shall take reasonable steps to ensure that the communication technology used in an online notarial act is secure from unauthorized interception.
(d)
The electronic notarial certificate for an online notarial act shall include a notation that the notarization is an online notarization.
Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-310 - Electronic record of online notarial acts

(a)
(1)
An electronic notary public performing an online notarial act shall keep a secure electronic record of electronic documents notarized.
(2)
The electronic record shall contain for each online notarial act:
(A)
The date and time of the online notarial act;
(B)
The type of online notarial act;
(C)
The type, the title, or a description of the electronic document or proceeding;
(D)
The printed name and address of each principal involved in the transaction or proceeding;
(E)
Evidence of identity of each principal involved in the transaction or proceeding in the form of:
(i)
A statement that the person is personally known to the online notary public;
(ii)
A notation of the type of identification document provided to the online notary public;
(iii)
A record of the identity verification made under §
21-14-309
, if applicable; or
(iv)
The following:
(a)
The printed name and address of each credible witness swearing to or affirming the person's identity; and
(b)
For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
(F)
A recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence;
(G)
An audio and video copy of the performance of the notarial act; and
(H)
The fee, if any, charged for the notarization.
(b)
A notary public shall take reasonable steps to:
(1)
Ensure the integrity, security, and authenticity of online notarial acts;
(2)
Maintain a backup for the electronic record required by subsection (a) of this section; and
(3)
Protect the backup record from unauthorized use.
(c)
The electronic record required by subsection (a) of this section shall be maintained for at least five (5) years after the date of the transaction or proceeding.
Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-311 - Termination of electronic notary public's commission

(a)
(1)
Except as provided by subsection (b) of this section, an electronic notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the electronic notary public's official electronic signature or seal.
(2)
An electronic notary public shall certify his or her compliance with subdivision (a)(1) of this section to the Secretary of State.
(b)
A former electronic notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in subsection (a) of this section if the former online notary public is recommissioned as an electronic notary public with the same electronic signature and seal within three (3) months after the former electronic notary public's former commission terminated.
Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-312 - Wrongful possession, concealment, or destruction of software or hardware - Criminal offense

(a)
A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal commits an offense.
(b)
An offense under this section is a Class D felony.
Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-313 - Recording of electronic record

(a)
If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by use of a paper copy of an electronic document that complies with this subchapter.
(b)
If a law requires, as a condition for recording, that a document be signed, then the requirement is satisfied by an electronic signature.
(c)
(1)
A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature.
(2)
A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature if the online notary public has attached a notarial certificate that meets the requirements of this chapter.
Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-314 - Rules

The Secretary of State may promulgate rules to administer this subchapter.
Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 15 - CRIMINAL BACKGROUND CHECKS (§§ 21-15-101 — 21-15-113) › Section 21-15-105 - Confidentiality

(a)
Any information received by a state agency from the Identification Bureau of the Division of Arkansas State Police or from a central registry check under this subchapter shall not be available for examination, and no record, file, or document shall be removed from the custody of the Division of Arkansas State Police.
(b)
Any information made available to the affected applicant for employment or the person who is subject to discharge shall be information pertaining to that applicant only.
(c)
Rights of privilege and confidentiality established in this section shall not extend to any document created for purposes other than a background check.
Amended by Act 2015, No. 861,§ 8, eff. 3/31/2015.
Acts 1997, No. 1019, § 5; 2001, No. 995, § 5.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 15 - CRIMINAL BACKGROUND CHECKS (§§ 21-15-101 — 21-15-113) › Section 21-15-106 - Rules - Records

(a)
All state agencies with a designated position or a designated financial or information technology position shall adopt the necessary rules to fully implement the provisions of this subchapter.
(b)
Each state agency shall maintain on file, subject to inspection by the Arkansas Crime Information Center, the Identification Bureau of the Division of Arkansas State Police, the Child Maltreatment Central Registry, and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry evidence that criminal history and central registry checks required by this subchapter have been initiated on all applicants and employees.
Amended by Act 2019, No. 315,§ 2340, eff. 7/24/2019.
Acts 1997, No. 1019, § 6; 1999, No. 1409, § 15; 2001, No. 995, § 6; 2005, No. 1422, § 2; 2007, No. 991, § 5.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 15 - CRIMINAL BACKGROUND CHECKS (§§ 21-15-101 — 21-15-113) › Section 21-15-107 - Identification Bureau and registries - Duties

(a)
(1)
After receipt of a request for a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall make reasonable efforts to respond to requests for state criminal history checks within twenty (20) calendar days and to respond to requests for national criminal history checks within ten (10) calendar days after the receipt of a national criminal history check from the Federal Bureau of Investigation.
(2)
After receipt of a request for a central registry check, a registry shall make reasonable efforts to respond to requests within twenty (20) calendar days.
(b)
(1)
Upon completion of a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall forward all information obtained concerning the applicant or employee to the Arkansas Crime Information Center.
(2)
Upon completion of a central registry check, the registry shall forward all information obtained concerning the applicant or employee to the requesting state agency.
(c)
The Identification Bureau of the Division of Arkansas State Police shall maintain a database of the results of criminal history checks on each applicant for employment with and each employee of a state agency in a designated position.
(d)
(1)
(A)
The Identification Bureau of the Division of Arkansas State Police shall develop a form to be used for criminal history checks conducted under this subchapter.
(B)
The form under subdivision (d)(1)(A) of this section shall be designed so that completion of the form requires:
(i)
The notarized signature of the subject of the criminal history check; or
(ii)
As provided under §
25-32-107(d)
, the electronic signature of the subject of the criminal history check.
(2)
(A)
The Child Maltreatment Central Registry and the Adult and Long-Term Care Facility Resident Maltreatment Central Registry shall work together to develop a form to be used for central registry checks conducted under this subchapter.
(B)
The form under subdivision (d)(2)(A) of this section shall be designed so that completion of the form requires:
(i)
The notarized signature of the person who is the subject of the registry checks; or
(ii)
As provided under §
25-32-107(d)
, the electronic signature of the person who is the subject of the registry checks.
Amended by Act 2023, No. 710,§ 5, eff. 4/11/2023.
Amended by Act 2023, No. 186,§ 3, eff. 3/2/2023.
Acts 1997, No. 1019, § 7; 2001, No. 995, § 7; 2003, No. 482, § 2; 2005, No. 1422, § 2; 2007, No. 991, § 6.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 15 - CRIMINAL BACKGROUND CHECKS (§§ 21-15-101 — 21-15-113) › Section 21-15-108 - Exempted employees

Any person who submits evidence of having maintained employment in the State of Arkansas for the past twelve (12) months and of successfully completing a criminal history check within the last twelve (12) months or in accordance with that person's professional license shall not be required to apply for a criminal history check under this subchapter.
Acts 1997, No. 1019, § 8.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 15 - CRIMINAL BACKGROUND CHECKS (§§ 21-15-101 — 21-15-113) › Section 21-15-109 - Immunity

Individuals and state agencies are immune from suit or liability for damages for acts or omissions, other than malicious acts or omissions, occurring in the performance of duties imposed by this subchapter.
Acts 1997, No. 1019, § 9.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 15 - CRIMINAL BACKGROUND CHECKS (§§ 21-15-101 — 21-15-113) › Section 21-15-110 - Notice to employer

(a)
If a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a designated position, the investigating agency shall immediately notify the employer of that state employee.
(b)
The employer shall immediately discharge the employee.
Acts 2001, No. 995, § 8.
Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 15 - CRIMINAL BACKGROUND CHECKS (§§ 21-15-101 — 21-15-113) › Section 21-15-113 - Waiver of exclusion or discharge requirement for persons in designated financial or information technology positions

(a)
(1)
The provisions of §§
21-15-111
and
21-15-112
prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of:
(A)
A supervisor or other managerial employee in the state agency;
(B)
An affected applicant; or
(C)
An incumbent employee in the designated financial or information technology position who is subject to discharge.
(2)
A request for a waiver must be made within five (5) days of the receipt of the criminal background check.
(3)
If the crime is a misdemeanor and more than five (5) years have lapsed since the conviction, the state agency is not required to discharge an incumbent employee if a request for a waiver is timely made and if the waiver is ultimately granted.
(4)
If the waiver is not granted and the waiver request was for an incumbent employee who was not immediately discharged, the state agency shall immediately discharge the incumbent employee.
(5)
If the waiver is not granted and the waiver request was for an applicant, the state agency is prohibited from hiring the applicant in a designated financial or information technology position.
(6)
If an incumbent employee was immediately discharged but was subsequently granted a waiver, the incumbent employee shall be immediately reinstated but is not entitled to retroactive relief, including back pay.
(b)
(1)
A waiver may be granted upon a preponderance of the evidence that the applicant or employee is rehabilitated such that the public interest is not threatened by the applicant's or employee's employment.
(2)
Evidence of rehabilitation may include:
(A)
The age at which the crime or act was committed;
(B)
The circumstances surrounding the crime or act;
(C)
The length of time since the crime or act;
(D)
Subsequent work history;
(E)
Employment references;
(F)
Character references; and
(G)
Other evidence demonstrating the rehabilitation of the applicant or employee.
Acts 2005, No. 1422, § 3; Acts 2007, No. 827, § 183.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-206) › Subchapter 1 - GENERAL PROVISIONS (§ 22-1-101) › Section 22-1-101 - Sale of surplus commodities to not-for-profit organizations before offer for sale to public - Definitions

(a)
As used in this section:
(1)
"Commodities" means commodities under §
19-11-203
; and
(2)
"Not-for-profit organization" means a private corporation under §
4-28-201
et seq. that:
(A)
Has a benevolent, philanthropic, patriotic, or charitable purpose; and
(B)
Performs a function that would be performed at the public expense if it were not performed by the organization.
(b)
Before a state, county, or municipal government entity offers surplus commodities for sale to the public, the state, county, or municipal government entity:
(1)
Shall consider offers by not-for-profit organizations for the surplus commodities made by not-for-profit organizations; and
(2)
May accept a reasonable bid or offer for the surplus commodities from a not-for-profit organization.
Added by Act 2013, No. 1020,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-206) › Subchapter 2 - ADVERSE POSSESSION (§§ 22-1-201 — 22-1-206) › Section 22-1-201 - Roads and parks

(a)
No title or right of possession to any public thoroughfare, road, highway, or public park, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy, and the right of the public or of the proper authorities of any county to open or have opened any such public thoroughfare, road, highway, park, or parts thereof shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any such public thoroughfare, road, highway, or park, or any portion thereof where adverse possession or occupancy commenced after the passage of this section.
(b)
Any thoroughfare, road, or highway that may be platted by any landowner and dedicated to the public as a public thoroughfare, road, or highway where the plat shows or the bill of assurance states the width of the road or highway or any park dedicated by any landowner to the public as a public park for the use and benefit of the public shall not be acquired by adverse possession or adverse occupancy of any such land so dedicated to the public, or any portion thereof, where the adverse possession or occupancy commenced after the passage of this section.
Acts 1923, No. 666, §§ 1, 2; Pope's Dig., § 8958; A.S.A. 1947, §§ 37-109, 37-110.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-206) › Subchapter 2 - ADVERSE POSSESSION (§§ 22-1-201 — 22-1-206) › Section 22-1-202 - Municipal waterworks lands

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.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-206) › Subchapter 2 - ADVERSE POSSESSION (§§ 22-1-201 — 22-1-206) › Section 22-1-203 - Public school system property - Definition

(a)
As used in this section, "public school system" means any school system, district, college, or university in the State of Arkansas which is supported wholly or in part by tax dollars, whether federal, state, or local.
(b)
No title or right of possession to any public school system property, or any portion thereof, shall or can be acquired by adverse possession or adverse occupancy thereof. The right of the public school system or of the proper school authorities of any public school system shall not be defeated in any action or proceeding by reason of adverse possession or adverse occupancy of any public school system property, or any portion thereof, where the parties claiming such adverse possession commence legal action after January 1, 1983. This section is to serve as legal notice to such parties that claims to adverse possession of public school properties commenced after January 1, 1983, shall be unwarranted and ineffective, and those claims shall be dismissed by the appropriate court.
Acts 1981, No. 209, §§ 1, 2; A.S.A. 1947, §§ 37-112, 37-113.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-206) › Subchapter 2 - ADVERSE POSSESSION (§§ 22-1-201 — 22-1-206) › Section 22-1-204 - Realty owned by cities, towns, school districts, counties, or state

No title or right of possession to realty by an incorporated town, city of the second class, city of the first class, school district, county, or the state may be defeated in any action or proceeding because of adverse possession.
Acts 1981, No. 354, § 1; A.S.A. 1947, § 37-114.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-206) › Subchapter 2 - ADVERSE POSSESSION (§§ 22-1-201 — 22-1-206) › Section 22-1-205 - Property of drainage districts - Definition

(a)
As used in this section, a "drainage district" means a:
(1)
Drainage improvement district formed by an act of the General Assembly;
(2)
Drainage improvement district formed and operated under §
14-120-101
et seq.; or
(3)
Drainage improvement district formed and operated under §
14-121-101
et seq.
(b)
(1)
No title or right of possession to property of a drainage district, or any portion thereof, shall be acquired by adverse possession or adverse occupancy.
(2)
No easement or right of way of a drainage district for flowage, storage rights, and any other servitude upon, over, and across any lands, or any portion thereof, shall be acquired by adverse possession or adverse occupancy.
(c)
The real property rights of a drainage district shall not be defeated in any cause of action or proceeding by reason of adverse possession or adverse occupancy of district property, or any portion thereof, where the parties claiming the adverse possession commence legal action after April 5, 2001.
Acts 2001, No. 1312, § 1.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 1 - GENERAL PROVISIONS (§§ 22-1-101 — 22-1-206) › Subchapter 2 - ADVERSE POSSESSION (§§ 22-1-201 — 22-1-206) › Section 22-1-206 - Property of levee districts - Definition

(a)
As used in this section, a "levee district" means a:
(1)
Levee district formed by Acts 1911, No. 97, and any other levee district formed by an act of the General Assembly;
(2)
Watershed improvement district formed under the Arkansas Irrigation, Drainage, and Watershed Improvement District Act of 1949, §
14-117-101
et seq.;
(3)
Levee district or levee and drainage district formed under §
14-120-101
et seq.; and
(4)
Levee improvement district formed under §
14-123-201
et seq.
(b)
(1)
No title or right of possession to property of a levee district or any portion of a levee district's property shall be acquired by adverse possession or adverse occupancy.
(2)
No easement or right of way of a levee district for flowage, storage rights, and any other servitude upon, over, and across any lands or any portion of lands shall be acquired by adverse possession or adverse occupancy.
(c)
The real property rights of a levee district shall not be defeated in any cause of action or proceeding by reason of adverse possession or adverse occupancy of a levee district's property or any portion of a levee district's property, where the parties claiming the adverse possession commence legal action after July 16, 2003.
Acts 2003, No. 861, § 1.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-101 - Title

This chapter may be referred to and cited as the "Building Authority Division Act".
Acts 1975, No. 716, § 1; A.S.A. 1947, § 5-1018.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-103 - Applicability - Construction with other laws

(a)
The provisions of this chapter shall not apply to the construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission. Except as specifically provided in Title 24, neither the provisions of this chapter nor the provisions of any other chapter of the Code shall apply to any lands, buildings, or other structures or facilities now owned or hereafter acquired by the Arkansas Teacher Retirement System, as defined in the Arkansas Teacher Retirement System Affordable Housing Investment Act, §
24-7-1401
et seq. [repealed], as an investment or as a result of the investment of assets of the system or pursuant to the Arkansas Teacher Retirement System Affordable Housing Investment Act, §
24-7-1401
et seq. [repealed].
(b)
The provisions of this chapter shall not be construed to affect any bonds issued by state agencies or any covenants or obligations entered into in connection with such bonds or any revenues pledged or used in the security or payment of such bonds, or the production, handling, deposit, or application of such revenues, including bonds issued by the Arkansas Justice Building Commission [abolished], pursuant to the Arkansas Justice Building Act, §
22-3-901
et seq., by the Arkansas State Department of Health Building Commission [abolished], pursuant to Acts 1965, No. 469, by the Department of Parks, Heritage, and Tourism or the agency performing the functions thereof, pursuant to §
22-4-302
et seq., or by the Board of Developmental Disabilities Services or the agency performing the functions thereof, pursuant to §
20-48-411
and §
20-48-501
et seq.
(c)
The provisions of this chapter shall not apply in any manner so as to affect, supersede, or in any other way alter the powers, duties, and responsibilities of the Joint Interim Committee on Legislative Facilities as created by §§
10-3-1101
-
10-3-1104
and
10-3-1106
-
10-3-1109
, and the provisions of §§
10-3-1101
-
10-3-1104
and
10-3-1106
-
10-3-1109
shall not be repealed by this chapter.
(d)
(1)
However, it is the intent of the General Assembly that the General Accounting and Budgetary Procedures Law, §
19-4-101
et seq., be applicable to all provisions and implementations of this chapter insofar as the provisions and implementation of this chapter are not in direct conflict with that law.
(2)
It is the further intent that all procedures for contract bidding now or hereafter established by law or regulation applicable to capital improvements, as defined by this chapter, of state agencies shall be in full force and effect as to the implementation of the provisions of this chapter.
Amended by Act 2019, No. 910,§ 5679, eff. 7/1/2019.
Acts 1975, No. 716, §§ 14, 16; A.S.A. 1947, §§ 5-1030, 5-1030n; Acts 1991, No. 12, § 2; 1999, No. 555, § 10.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-104 - Creation of Building Authority Division

(a)
There is created within the Department of Transformation and Shared Services the Building Authority Division.
(b)
The division shall carry out the duties and responsibilities set out in §
22-2-108
under the policies, guidelines, standards, and procedures established by the Department of Transformation and Shared Services.
Amended by Act 2019, No. 910,§ 6155, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 52, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 52, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 22, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 22, eff. 7/1/2015.
Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-105 - Secretary of the Department of Transformation and Shared Services - Duties

(a)
The Secretary of the Department of Transformation and Shared Services may hire sufficient staff as authorized by legislation to perform the duties of the Building Authority Division. Personnel employed by the secretary shall be compensated according to the Uniform Classification and Compensation Act, §
21-5-201
et seq., for similar duties and responsibilities.
(b)
The secretary shall be responsible for administering the rules and policies adopted by the Department of Transformation and Shared Services pursuant to the provisions of this chapter.
(c)
The secretary shall be the disbursing agent for the division and shall pay any and all accounts. The disbursing agent shall furnish and keep in effect a bond to the state with a corporate surety thereon which, together with any other bonds furnished by him or her, shall total in final sum not less than fifty thousand dollars ($50,000) and is conditioned that he or she will faithfully perform his or her duties and properly handle all funds received and disbursed by him or her and account for those funds. The bond so furnished shall be filed in the office of the Auditor of State. The premium on the bond shall be a proper charge against funds of the division.
Amended by Act 2019, No. 315,§ 2341, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 6156, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 53, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 53, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 23, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 23, eff. 7/1/2015.
Acts 1975, No. 716, § 4; A.S.A. 1947, § 5-1021.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-106 - [Repealed]

Repealed by Act 2016EX3, No. 3,§ 50, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 24, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 24, eff. 7/1/2015.
Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1997, No. 250, § 214; 1999, No. 1173, § 1.
Repealed by Act 2016EX3, No. 2,§ 50, eff. 5/23/2016.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-110 - Schedule of supervision generally

The powers, authorities, and responsibilities of the Secretary of the Department of Transformation and Shared Services relating to the acquisition of properties and to the supervision of all capital improvements, as defined in §
22-2-102
, shall be in accordance with the schedules of supervision as provided in §§
22-2-111
-
22-2-113
.
Amended by Act 2019, No. 910,§ 6160, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 28, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 28, eff. 7/1/2015.
Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-111 - Schedule of supervision - Undesignated funds

From the funds appropriated by the General Assembly to the Building Authority Division not designated to be spent for a particular public building or capital improvement for a particular state agency, the division shall:
(1)
(A)
Use the lands acquired by the Arkansas Revenue Department Building Commission which are transferred to State Building Services under Acts 1975, No. 716, § 6, as sites for public buildings and obtain additional sites as provided in this chapter.
(B)
(i)
The additional sites may be obtained either with or without compensation by making necessary arrangements with any state agency for any lands owned by the state agency or by the State of Arkansas and under the control or jurisdiction of that state agency.
(ii)
In the alternative, a site may be obtained by the division by gift, purchase, or condemnation under the power of eminent domain at any suitable location.
(C)
In the event the needed sites cannot be purchased by negotiation, the division is authorized to institute condemnation proceedings in Pulaski County, Arkansas, under the power of eminent domain for the acquisition of sites.
(D)
Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided by §§
18-15-1202
-
18-15-1207
, or pursuant to any applicable statutory provisions for the exercise of the power of eminent domain by the State of Arkansas or by any state agency.
(E)
Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas;
(2)
Construct, repair, renovate, alter, and equip buildings and capital improvements or acquire, by gift or purchase, existing buildings or capital improvements and the sites upon which they are situated for use as public buildings;
(3)
(A)
Operate, manage, maintain, and otherwise provide for the operation of the public buildings or capital improvements so constructed or acquired and arrange for the housing of state agencies as space and facilities permit upon such terms and conditions and for such rentals as the division may determine.
(B)
Should there be any surplus space in a public building above the requirements of state agencies that can be feasibly housed in the building, the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies; and
(4)
Demolish, remove, and dispose of or salvage any buildings or other capital improvements as necessary for the construction and equipping of public buildings or capital improvements.
Amended by Act 2019, No. 910,§ 6161, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 29, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 29, eff. 7/1/2015.
Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 1999, No. 1173, § 4.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-112 - Schedule of supervision - Designated funds

(a)
From the funds appropriated by the General Assembly to the Building Authority Division for the construction or purchase of a particular building or capital improvement which is specifically designated to be purchased, constructed, or improved for a particular state agency, the division shall carry out the powers, authorities, and responsibilities in respect to that construction or purchase as designated in §
22-2-111
.
(b)
The division shall review and approve architectural and engineering design plans and construction plans to ensure compliance with minimum design and construction standards and criteria promulgated by the Secretary of the Department of Transformation and Shared Services pursuant to this chapter.
(c)
The division shall negotiate all contracts for architectural and engineering and construction services and revisions and modifications to those contracts.
Amended by Act 2019, No. 910,§ 6162, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 56, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 56, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 30, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 30, eff. 7/1/2015.
Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 1999, No. 1173, § 5.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-115 - Lease-purchase agreements

(a)
For the express purpose of providing adequate office facilities, the Secretary of the Department of Transformation and Shared Services, acting as the primary lessor, may enter into lease-purchase agreements to obtain facilities for state agencies. Each lease-purchase agreement shall contain a provision whereby the agreement shall be cancelled at the close of each fiscal biennium, if necessary, if funds for the payment of the rent under the lease-purchase agreement will not be available.
(b)
(1)
The secretary shall make the final determination regarding the location or construction of facilities with the advice and consent of the appropriate state agency.
(2)
All agreements and other matters concerning the buying, trading, selling, renting, renovating, or acquiring of any real or personal property as authorized by this section shall be matters of public record and available for public inspection.
(c)
The General Accounting and Budgetary Procedures Law, §
19-4-101
et seq., the Arkansas Procurement Law, §
19-11-201
et seq., the Revenue Stabilization Law, §
19-5-101
et seq., and other applicable fiscal laws of this state shall be strictly complied with regarding this section.
Amended by Act 2019, No. 910,§ 6177, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 6176, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 59, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 59, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 33, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 33, eff. 7/1/2015.
Acts 1979, No. 129, §§ 1-3; A.S.A. 1947, §§ 5-1025.1 -- 5-1025.3.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-116 - Maintenance responsibilities generally

(a)
The Building Authority Division shall provide for the management, maintenance, and operation of public buildings as may be required by the provisions and implementation of this chapter, or as may otherwise be required by law.
(b)
The division may enter into agreements with agencies to provide for the management, maintenance, and operation of those public buildings which are not owned by the division.
Amended by Act 2019, No. 910,§ 6178, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 34, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 34, eff. 7/1/2015.
Acts 1975, No. 716, § 9; A.S.A. 1947, § 5-1026; Acts 2003, No. 364, § 12.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-117 - Maintenance responsibilities - Capitol Zoning District

(a)
As to all presently existing public buildings and capital improvements within the Capitol Zoning District, as zoned by §
22-3-302(a)
, any person or entity responsible for the custody, management, maintenance, repair, operation, or landscaping of such public buildings and capital improvements and their grounds shall be accountable to the Building Authority Division as follows:
(1)
The division shall approve all plans and expenditures for alterations, repairs, maintenance, operation, management, landscaping, and provisions of utilities of and for the buildings, improvements, and grounds;
(2)
The division shall establish and enforce minimum standards and criteria for the maintenance, management, and operation of the buildings, improvements, and grounds, including the establishment of maintenance schedules; and
(3)
The division shall approve the purchase or rental of equipment and supplies for use in the management, maintenance, operation, repair, and landscaping of the buildings, improvements, and grounds.
(b)
The Secretary of State shall remain as custodian of the State Capitol Building and the grounds immediately surrounding the State Capitol Building upon which the State Capitol Building is located. The Secretary of State, except as may otherwise be provided by law, shall have full responsibility for the maintenance, management, and operation of the building and its grounds, including the grounds commonly known as the "Mall Area" to the west of the State Capitol Building and the Capitol Hill Building and adjacent parking areas thereto. The Secretary of State shall not be accountable to the division for such maintenance, management, and operation.
(c)
To the extent necessary to carry out the provisions and intent of this section, all laws relating to the powers, duties, and responsibilities of persons or entities regarding the custody and management by those persons of all buildings and grounds within the confines of the Capitol Zoning District, except for the custody and management by the Secretary of State of the State Capitol Building and its immediate grounds as provided in subsection (b) of this section, are amended.
(d)
Nothing in this section shall be construed as exempting public buildings and capital improvements located within the Capitol Zoning District from any other applicable provision of this chapter.
Amended by Act 2019, No. 910,§ 6179, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 35, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 35, eff. 7/1/2015.
Acts 1975, No. 716, § 9; A.S.A. 1947, § 5-1026.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-118 - Plans, specifications, and estimates of costs

The Building Authority Division is authorized to employ, except as limited by §
22-2-108(9)
, such persons as may be necessary to prepare plans, specifications, and estimates of costs for capital improvements which, under the provisions of this chapter, are the responsibility of the division.
Amended by Act 2019, No. 910,§ 6180, eff. 7/1/2019.
Amended by Act 2015EX1, No. 8,§ 36, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 36, eff. 7/1/2015.
Acts 1975, No. 716, § 10; A.S.A. 1947, § 5-1027.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-120 - Exemption from statutes concerning Capitol Zoning District

(a)
The construction, acquisition, management, maintenance, or operation of capital improvements and public buildings by the Building Authority Division under this chapter is declared to be exempt from the operation and implementation of the provisions of §§
22-3-301
-
22-3-311
.
(b)
The Secretary of the Department of Transformation and Shared Services shall endeavor to cooperate with the Capitol Zoning District Commission so as to establish coordinated physical development in the State Capitol area and to promote the uniform and appropriate regulation and development of the State Capitol area.
Amended by Act 2019, No. 910,§ 6181, eff. 7/1/2019.
Amended by Act 2016EX3, No. 3,§ 60, eff. 5/23/2016.
Amended by Act 2016EX3, No. 2,§ 60, eff. 5/23/2016.
Amended by Act 2015EX1, No. 8,§ 37, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 37, eff. 7/1/2015.
Acts 1975, No. 716, § 13; A.S.A. 1947, § 5-1029.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 2 - ARKANSAS BUILDING AUTHORITY (§§ 22-2-101 — 22-2-121) › Section 22-2-121 - Real estate notification

The Building Authority Division shall notify the Commissioner of State Lands of the Governor's approval of a state agency's request to purchase or sell property under §
22-6-601
.
Amended by Act 2019, No. 884,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 6182, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 78, eff. 8/1/2017.
Amended by Act 2015EX1, No. 8,§ 38, eff. 7/1/2015.
Amended by Act 2015EX1, No. 7,§ 38, eff. 7/1/2015.
Acts 2001, No. 325, § 1; 2003, No. 364, § 13.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 3 - PUBLIC BUILDINGS AND OTHER FACILITIES (§§ 22-3-201 — 22-3-2106) › Subchapter 2 - CAPITOL BUILDING AND GROUNDS GENERALLY (§§ 22-3-201 — 22-3-223) › Section 22-3-201 - Lands adjacent to State Capitol to remain state property

All of the lands belonging to the State of Arkansas adjacent to the State Capitol Building and commonly designated as the "New State Capitol tracts of land" shall forever be and remain the property of the State of Arkansas.
Acts 1907, No. 310, § 1, p. 736; C. & M. Dig., § 9182; Pope's Dig., § 11868; A.S.A. 1947, § 5-201.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 3 - PUBLIC BUILDINGS AND OTHER FACILITIES (§§ 22-3-201 — 22-3-2106) › Subchapter 2 - CAPITOL BUILDING AND GROUNDS GENERALLY (§§ 22-3-201 — 22-3-223) › Section 22-3-202 - Secretary of State as custodian

(a)
The Secretary of State is the constituted and legal custodian of the State Capitol Building, the grounds, and all the furniture and fixtures thereon and therein belonging to the state.
(b)
It is the duty of the Secretary of State to report to each General Assembly the condition of the State Capitol Building and of the grounds, furniture, and fixtures and to make recommendations relative to the maintenance of the building and grounds.
(c)
The Secretary of State may establish rental or other charges for the renting or leasing of property under an existing rental contract or lease to the Secretary of State as of January 1, 2013, within the State Capitol Building, the Capitol Hill Building, and the parking areas adjacent to the State Capitol Building and the Capitol Hill Building.
Amended by Act 2013, No. 1179,§ 1, eff. 8/16/2013.
Acts 1917, No. 150, § 2, p. 803; C. & M. Dig., § 4424; Pope's Dig., § 5455; A.S.A. 1947, § 5-202.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 3 - PUBLIC BUILDINGS AND OTHER FACILITIES (§§ 22-3-201 — 22-3-2106) › Subchapter 2 - CAPITOL BUILDING AND GROUNDS GENERALLY (§§ 22-3-201 — 22-3-223) › Section 22-3-203 - Use of Senate and House Chambers - Definition

(a)
It shall be unlawful to use the Senate and House Chambers of the State Capitol Building for any purpose except activities which are necessary for the operation of state government.
(b)
As used in this section, "activities" means those which the State of Arkansas controls and finances for all purposes.
Acts 1939, No. 67, § 1; A.S.A. 1947, § 5-205.
Arkansas Code of 1987 (2023) › Title 22 - PUBLIC PROPERTY (§§ 22-1-101 — 22-10-505) › Chapter 3 - PUBLIC BUILDINGS AND OTHER FACILITIES (§§ 22-3-201 — 22-3-2106) › Subchapter 2 - CAPITOL BUILDING AND GROUNDS GENERALLY (§§ 22-3-201 — 22-3-223) › Section 22-3-204 - List of equipment in Senate and House Chambers

(a)
At the close of each session of the General Assembly, the Secretary of the Senate shall furnish to the Secretary of State a complete list of all property and equipment in the Senate Chamber, and the Clerk of the House of Representatives shall furnish to the Secretary of State a complete list of all property and equipment in the House Chamber.
(b)
The Secretary of State shall, after checking the property, issue a receipt to the Secretary of the Senate for the property of the Senate and to the Clerk of the House of Representatives for the property of the House of Representatives placed in his or her custody.
Acts 1939, No. 67, § 2; A.S.A. 1947, § 5-206.