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Chapter 1 General Provisions

Subchapter 1 — General Provisions

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

22-1-101. Sale of surplus commodities to not-for-profit organizations before offer for sale to public — Definitions.

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:
  1. Has a benevolent, philanthropic, patriotic, or charitable purpose; and
  2. Performs a function that would be performed at the public expense if it were not performed by the organization.
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.

History. Acts 2013, No. 1020, § 2.

Subchapter 2 — Adverse Possession

Preambles. Acts 1965, No. 16, contained a preamble which read:

“Whereas, properties of municipally owned waterworks systems in this state are acquired and are maintained at great public expense; and

“Whereas, retention of title to said properties is necessary for the furnishing of water and for preventing the pollution thereof; and

“Whereas, it shall be the public policy of this state that no person acquire title to such properties except by the purchase thereof;

“Now therefore….”

Effective Dates. Acts 1923, No. 666, § 8: effective on passage. Emergency declared. Approved Mar. 23, 1923.

Acts 2001, No. 1312, § 2: Apr. 5, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the properties and easements of drainage districts are acquired and maintained at great expense to the farmers and landowners within the districts; that these properties and servitudes are subject to extended periods of time where no person observes the activities which are actually taking place on these lands and easements; that retention of title to these properties are necessary for drainage and flood control management on lands within the districts; and that it shall be the public policy of this state that no person acquire title to drainage district properties by adverse possession and this policy should have immediate force and effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Research References

ALR.

Private improvement of land dedicated but not used as street: Estoppel as to public rights. 36 A.L.R.4th 625.

Am. Jur. 3 Am. Jur. 2d, Adv. Poss., § 257 et seq.

Ark. L. Rev.

Exemptions Under the Statute of Limitations for Adverse Possession, 6 Ark. L. Rev. 37.

C.J.S. 2 C.J.S., Adv. Poss., § 17 et seq.

U. Ark. Little Rock L.J.

Arkansas Law Survey, Freeman, Property, 8 U. Ark. Little Rock L.J. 197.

22-1-201. Roads and parks.

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.
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.

History. Acts 1923, No. 666, §§ 1, 2; Pope's Dig., § 8958; A.S.A. 1947, §§ 37-109, 37-110.

Publisher's Notes. With reference to the term “passage of this section,” Acts 1923, No. 666, § 8, declared an emergency and provided the act would be effective from and after its passage. The act was signed by the Governor on March 23, 1923.

Cross References. Designation as county roads of direct routes to county courthouse, § 27-66-204.

Designation of land as county road upon being deeded to county as public thoroughfare, § 27-66-208.

Designation of street as public road upon dedication, § 27-66-207.

Streets, alleys, or public parks, no right or title to acquired by adverse possession, § 14-301-113.

Case Notes

Construction.

This section should be strictly construed. Raney v. Gunn, 221 Ark. 10, 253 S.W.2d 559 (1952).

This section and §§ 27-66-204 and 27-66-205 must be interpreted together as parts of the same act. In that context, § 27-66-205 obviously means that, if a road serves as a mail route, it is designated as a public road and cannot be acquired from the county by adverse possession while § 27-66-204 means that, if a road is the most direct route to the county courthouse for ten or more families, has been graded, and has been used by the public for two years or more, it is classified as a public road and cannot be acquired by adverse possession. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Purpose.

The purpose of Acts 1923, No. 666, clearly manifested by the language of the section, is to protect rural roads from hostile claims where adverse possession or occupancy began after the passage of the act. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Abandonment of Road.

Where public ceased to use road following erection of gates across the road by landowner public lost title to road by virtue of nonuse or abandonment. Raney v. Gunn, 221 Ark. 10, 253 S.W.2d 559 (1952).

Where a road was not used by the public for ten or eleven years when a gate was put across it, the public abandoned any prescriptive rights it had acquired in the road. Munn v. Rateliff, 247 Ark. 609, 446 S.W.2d 664 (1969).

Adverse Possession.

When the first lot was sold in reference to a subdivision plat recorded and dedicated in 1917, the streets platted became irrevocably dedicated and plaintiffs were prohibited from adversely possessing a street provided for by the plat, but never opened, by §§ 14-301-113 and 22-1-201, which prohibit adverse possession of public property and which were enacted before plaintiffs purchased their lots. Mathis v. Brashear, 34 Ark. App. 194, 807 S.W.2d 666 (1991).

Evidence.

In suit to prevent closing of road, evidence held sufficient to withstand demurrer. Brock v. Bates, 227 Ark. 173, 297 S.W.2d 938 (1957).

Possession Prior to Enactment of Section.

Continued adverse possession starting five years before enactment of this section held to have ripened into title. Morgan v. Hill, 224 Ark. 39, 272 S.W.2d 67 (1954).

Plea of limitations based on payment of taxes on tract of land which had been dedicated to town as public park was not good against claim of town where there was no claim that adverse possession started prior to the enactment of this section. Mountain View v. Lackey, 225 Ark. 1, 278 S.W.2d 653 (1955).

Cited: Bollinger v. Arkansas State Hwy. Comm'n, 229 Ark. 53, 315 S.W.2d 889 (1958); Arkansas State Hwy. Comm'n v. Cook, 233 Ark. 534, 345 S.W.2d 632 (1961); Dowling v. Erickson, 278 Ark. 142, 644 S.W.2d 264 (1983).

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.

History. Acts 1965, No. 16, § 1; A.S.A. 1947, § 37-111.

Publisher's Notes. In reference to the term “enactment of this section,” Acts 1965, No. 16, was signed by the Governor on February 1, 1965, and took effect on June 10, 1965.

22-1-203. Public school system property — Definition.

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.
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.

History. Acts 1981, No. 209, §§ 1, 2; A.S.A. 1947, §§ 37-112, 37-113.

Case Notes

In General.

This section and § 22-1-204 bar claims or defenses of adverse possession against school districts when the right to adverse possession has not yet vested. Lovell v. Magnet Cove School Dist., 301 Ark. 94, 782 S.W.2d 41 (1990).

Applicability.

It was not the intention of the legislature, by the last sentence in subsection (b), to extend claims of adverse possession which had not vested at the time this section became effective. Lovell v. Magnet Cove School Dist., 301 Ark. 94, 782 S.W.2d 41 (1990).

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.

History. Acts 1981, No. 354, § 1; A.S.A. 1947, § 37-114.

Research References

Ark. L. Rev.

Color of Title and Payment of Taxes: The New Requirements Under Arkansas Adverse Possession Law, 50 Ark. L. Rev. 489.

Case Notes

In General.

Section 22-1-203 and this section bar claims or defenses of adverse possession against school districts when the right to adverse possession has not yet vested. Lovell v. Magnet Cove School Dist., 301 Ark. 94, 782 S.W.2d 41 (1990).

Order that quieted title in favor of landowners was reversed as the plat and the bill of assurances revealed that the parcel was an easement that had been dedicated to the city, and no person could acquire adverse possession of city property. City of Cabot v. Brians, 93 Ark. App. 77, 216 S.W.3d 627 (2005).

22-1-205. Property of drainage districts — Definition.

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.
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.
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.

History. Acts 2001, No. 1312, § 1.

22-1-206. Property of levee districts — Definition.

As used in this section, a “levee district” means a:
1. Levee district formed by Act 97 of 1911 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.
1. No title or right of possession to property of a levee district or any portion of a 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.
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 district's property or any portion of a district's property, where the parties claiming the adverse possession commence legal action after July 16, 2003.

History. Acts 2003, No. 861, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Property Law, Adverse Possession, 26 U. Ark. Little Rock L. Rev. 477.

Chapter 2 Building Authority Division Act

A.C.R.C. Notes. Acts 2003, No. 250, §§ 1-8, provided:

“SECTION 1. Legislative intent and purpose.

“(a) The General Assembly recognizes that confusion exists in the public's perception regarding the purpose of the Arkansas State Building Services due to the inconsistency between the name of the agency and its established purposes.

“(b) The purpose of this act is to:

“(1) Provide the agency with a name that more accurately describes its role as an agency, that is intended to fulfill the legislatively established purposes of leasing, property management, design review, and contract oversight of capital improvements; and

“(2) Provide its supervisory board with a name consistent with the agency's name change.

“SECTION 2. The Arkansas State Building Services, as established in Arkansas Code § 22-2-101, shall be known as the Arkansas Building Authority.

“SECTION 3. The State Building Services Council, as established in Arkansas Code § 22-2-106, shall be known as the Arkansas Building Authority Council.

“SECTION 4. The Arkansas State Building Services Maintenance Fund, as established in Arkansas Code § 19-5-1406, shall be known as the Arkansas Building Authority Maintenance Fund.

“SECTION 5. The State Building Services Fund, as established in Arkansas Code § 22-2-119, shall be known as the Arkansas Building Authority Fund.

“SECTION 6. The State Building Services Account of the General Improvement Fund Account, as established in Arkansas Code § 19-5-308, shall be known as the Arkansas Building Authority Account of the General Improvement Fund Account.

“SECTION 7. The State Building Services Real Estate Fund, as established in Arkansas Code § 19-5-1206, shall be known as the Arkansas Building Authority Real Estate Fund.

“SECTION 8. The Arkansas Code Revision Commission shall make all appropriate name changes in the Arkansas Code to implement this act.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

“(2) While these functions are important, it is equally important to ensure that state government operates efficiently and effectively to eliminate unnecessary spending of tax dollars and provide timely and quality services to Arkansas citizens; and

“(3) Issues such as the administrative organization of a governmental entity, the appointment structure of a governmental entity's governing board, and extraneous duties assigned to governmental entities hamper the operation of state government and result in unnecessary expenses and delays in the provision of state services.

“(b) It is the intent of this act to amend provisions of law applicable to certain agencies, task forces, committees, and commission to promote efficiency and effectiveness in the operations of state government as a whole.”

Cross References. Exemption of realty owned by state from adverse possession, § 22-1-204.

Publisher's Notes. Acts 1977, No. 820, § 15, provided in part that to the extent that there is a conflict between the provisions of that act and this chapter the provisions of that act shall govern.

Effective Dates. Acts 1975, No. 716, § 17: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need for a State Building Services so as to coordinate the orderly physical development and operation of capital improvements of state agencies; that there is a pressing necessity of establishing minimum design, construction, maintenance, and leasing standards and criteria; and that there is a great need for the State of Arkansas to insure that moneys expended for capital improvement, leasing of space, and operation of state buildings are most efficiently, effectively and prudently utilized. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, welfare and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1983, No. 734, § 3: Mar. 23, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws relating to the authority and responsibility of the State Building Services and the State Building Services Council are not clear in certain areas, that this act is designed to clarify such authority and responsibility, and to invest the State Building Services and the State Building Services Council with broad authority concerning the alterations and repairs of existing public buildings, and should be given effect immediately. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 12, § 6: Feb. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that one or more Arkansas State Retirement Systems own lands, buildings and facilities as a result of investment of assets of the systems; that to protect the interests of the systems, it is essential that they be permitted to operate and maintain such properties and that this act is immediately necessary to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 555, § 17: Mar. 12, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the state needs to assure that the system is able to provide the best possible benefits, including safe, adequate, and affordable facilities, for the system's members and that several changes in, and clarification of, existing laws are immediately necessary in order for the system to continue to efficiently, effectively and timely administer the member's retirement benefits. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 129: May 23, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the membership and duties of certain agencies, task forces, committees, and commissions and repeals other governmental entities; that these revisions and repeals of governmental entities impact the expenses and operations of state government; and that the provisions of this act should become effective as soon as possible to allow for implementation of the new provisions in advance of the upcoming fiscal year. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Identical Acts 2018 (2nd Ex. Sess.), Nos. 5 and 12, § 5: Mar. 19, 2018. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the efficient design and construction of unpaved trail projects on property of the State Parks, Recreation, and Travel Commission will increase economic development in the state; that certain regulatory requirements have delayed unpaved trail projects in the state; that it is in the best interest of the state to remove certain regulatory burdens on these unpaved trail projects; and that the immediate implementation of this act will allow for the expedited design and construction of these unpaved trail projects and improve economic development across the state through the ability to immediately improve Arkansas's state parks and increase tourism. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

22-2-101. Title.

This chapter may be referred to and cited as the “Building Authority Division Act”.

History. Acts 1975, No. 716, § 1; A.S.A. 1947, § 5-1018.

22-2-102. Definitions.

As used in this chapter:

1. “Capital improvement” means all lands, buildings, structures, utilities, on-site and off-site improvements, other appertaining improvements, existing or future, and all construction, repairs, alterations, demolitions, and renovations thereof which are undertaken, owned, operated, or otherwise managed by a state agency.
2. Except that “capital improvement” shall not include construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission, nor shall the term “capital improvement” include any building, facility, plant, structure, or other improvement constructed by or on behalf of the Arkansas Department of Transportation or the State Highway Commission, nor shall the term “capital improvement” include any lands, buildings, or other structures or facilities now owned or hereafter acquired by an Arkansas state retirement system as an investment or as a result of the investment of assets of the system;
“Minimum standards and criteria” and other like phrases mean those standards and criteria relating to construction, design, maintenance, and leasing of state agencies' capital improvements as adopted by the Building Authority Division after appropriate public hearings and notice to the public and interested persons and organizations;
“State agency” means any board or commission, agency, department, institution of higher education, including colleges, universities, and vocational-technical schools, or other state institutions. However, “state agency” shall not include any county, municipality, school district, subdivision, or unit thereof of the State of Arkansas, nor shall the term “state agency” mean or include the Arkansas Department of Transportation or the State Highway Commission; and
“Unpaved trail project” means a project to create a trail:
1. That is on property under the immediate control and management of the State Parks, Recreation, and Travel Commission;
2. That is either:
3. For which the labor, services, and commodities are donated.

(1) To be used solely for recreational purposes; or

(2) Otherwise necessary to carry out the mission of the State Parks, Recreation, and Travel Commission; and

History. Acts 1975, No. 716, § 2; A.S.A. 1947, § 5-1019; Acts 1991, No. 12, § 1; 2003, No. 364, § 8; 2015 (1st Ex. Sess.), No. 7, § 21; 2015 (1st Ex. Sess.), No. 8, § 21; 2016 (3rd Ex. Sess.), No. 2, § 51; 2016 (3rd Ex. Sess.), No. 3, § 51; 2017, No. 707, §§ 76, 77; 2018 (2nd Ex. Sess.), No. 5, § 1; 2018 (2nd Ex. Sess.), No. 12, § 1; 2019, No. 910, § 6154.

Amendments. The 2003 amendment redesignated former (1) as present (1)(A) and (1)(B) and made minor stylistic changes; and inserted “demolitions” in (1)(A).

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 deleted former (2) and (3) and renumbered the remaining subdivisions accordingly.

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Building Authority Division of the Department of Finance and Administration” for “Building Authority Council” in (2).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (1)(B) and (3).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 5 and 12 added (4).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (2).

22-2-103. Applicability — Construction with other laws.

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., 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].
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, pursuant to § 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 § 22-4-301 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.
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 — 10-3-1110, and the provisions of §§ 10-3-1101 — 10-3-1104 and 10-3-1106 — 10-3-1110 shall not be repealed by this chapter.
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.

History. Acts 1975, No. 716, §§ 14, 16; A.S.A. 1947, §§ 5-1030, 5-1030n; Acts 1991, No. 12, § 2; 1999, No. 555, § 10; 2019, No. 910, § 5679.

Publisher's Notes. Acts 1993, No. 235, § 1 provided:

“The Justice Building Commission created by Arkansas Code 22-3-904 is hereby abolished and all of its powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds are hereby transferred to the Arkansas State Building Services created by Arkansas Code 22-2-104.”

Acts 1965, No. 469: Sections 1-9, 11-21, 23, and 24 of Acts 1965, No. 469, referred to in this section, are set out in the Appendix to Title 19; section 10 is codified as § 20-7-123; and section 22 is noted at § 20-7-123.

Amendments. The 1999 amendment rewrote (a).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (b).

22-2-104. Creation of Building Authority Division.

There is created within the Department of Transformation and Shared Services the Building Authority Division.
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.

History. Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 2015 (1st Ex. Sess.), No. 7, § 22; 2015 (1st Ex. Sess.), No. 8, § 22; 2016 (3rd Ex. Sess.), No. 2, § 52; 2016 (3rd Ex. Sess.), No. 3, § 52; 2019, No. 910, § 6155.

A.C.R.C. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing, are transferred to the Department of Finance and Administration, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications are transferred to the Director of the Department of Finance and Administration.

“(d) The members of the Arkansas Building Authority Council, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the council except as specified in this act.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. Acts 1993, No. 235, § 1, provided:

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.) Nos. 7 and 8 rewrote the section.

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” from the end of the last sentence.

The 2019 amendment designated the section as (a) and (b); rewrote (a); and substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (b).

Case Notes

Cited: Wells v. Clinton, 282 Ark. 20, 666 S.W.2d 684 (1984).

22-2-105. Secretary of the Department of Transformation and Shared Services — Duties.

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.
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.
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.

History. Acts 1975, No. 716, § 4; A.S.A. 1947, § 5-1021; Acts 2015 (1st Ex. Sess.), No. 7, § 23; 2015 (1st Ex. Sess.), No. 8, § 23; 2016 (3rd Ex. Sess.), No. 2, § 53; 2016 (3rd Ex. Sess.), No. 3, § 53; 2019, No. 315, § 2341; 2019, No. 910, § 6156.

A.C.R.C. Notes. The operation of subsection (c) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Pursuant to § 1-2-303, obsolete language concerning the Building Authority Council has been removed from this section.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 rewrote the section heading; deleted former (a) and (b) and redesignated the remaining subsections accordingly; rewrote the first sentence in present (a); substituted “adopted by the Department of Finance and Administration with the advice of the” for “of the Arkansas” in present (b); and substituted “the division” for “the authority” twice in (c).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following “Administration” in (b).

The 2019 amendment by No. 315 deleted “regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in the section heading and in (a); deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a); substituted “secretary” for “director” throughout the section; and substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (b).

22-2-106. [Repealed.]

Publisher's Notes. This section, concerning the creation of the Building Authority Council, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 50. The section was derived from Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1997, No. 250, § 214; 1999, No. 1173, § 1; 2015 (1st Ex. Sess.), No. 7, § 24; 2015 (1st Ex. Sess.), No. 8, § 24.

22-2-107. Creation of Building Authority Division sections.

There are created within the Building Authority Division the following sections which shall have the duties and responsibilities designated by the Secretary of the Department of Transformation and Shared Services and which may include, in relation to other provisions of this chapter, the duties and responsibilities respectively designated in this section:
1. Construction Section. The Construction Section shall:
  1. Supervise the bidding and awarding of contracts for new construction and renovations for or by state agencies' capital improvements;
  2. Establish and maintain complete construction files on all jobs, including plans and specifications for alterations, renovations, and repairs of all capital improvements;
  3. Approve all proposed contracts, change orders, and final payments requests;
  4. Ensure that on-site observation of all construction projects, alterations, and repairs is accomplished on a regular basis and maintain records of those observations;
  5. Obtain and maintain construction inspection and observation reports from architects or engineers or their consultants from state agencies and institutions for all capital improvement construction projects;
  6. 1. Conduct visits with the design professional to determine the responsibility and performance required by the contract documents.
    2. On-site observations by design professionals shall concur with the contractor's payment request and shall be submitted in written form with the pay request.
    3. The inspection and observation reports shall be as adopted by the secretary.
    4. State agencies shall engage the services of licensed architects or engineers for all projects covered by the Arkansas Architectural Act, § 17-15-101 et seq., and the Arkansas Engineering Act, § 17-30-101 et seq.; and
  7. Ensure that the construction of all projects complies with the contract documents;
2. Building Operations Section. The Building Operations Section shall:
  1. Operate, maintain, and manage public buildings as required by the provisions of this chapter or otherwise by law;
  2. Provide for maintenance and operation, including janitorial services for any buildings, structures, or grounds which are owned, leased, or managed by the division as may be required by the provisions of this chapter; and
  3. Develop and, upon adoption by the secretary, enforce procedures, standards, and criteria designed to standardize the level of maintenance on all public buildings and other capital improvements;
3. Design Review Section. The Design Review Section shall:
  1. Establish procedures for the selection of engineering, environmental, architectural, and building design consultants' services by state agencies and by the division. The procedures shall ensure an equitable opportunity for all persons and firms;
  2. Encourage, within the rules of the state, the timely and expedient commitment and expenditure of appropriations for capital improvements;
  3. Establish standard fee schedules for design professional consultant services for capital improvements;
  4. Develop and establish minimum design standards and criteria, which shall be made available to all design professionals in the state;
  5. Utilize, require, or undertake studies concerning the needs for and costs of proposed capital improvements;
  6. Review and approve, consistent with the provisions of this chapter, contracts for design professional consultant services, preliminary plans, cost estimates, building programs, feasibility studies, and construction bid documents for capital improvements and mediate architectural and engineering design and construction-related problems;
  7. Assist in analyzing architectural and engineering design and construction problems at state-owned facilities;
  8. Ensure that state agencies shall engage the services of licensed architects and licensed engineers for capital improvement projects which are not exempted by the requirements of:
    1. The Arkansas Architectural Act, § 17-15-101 et seq.;
    2. Section 17-30-101 et seq.; and
    3. Section 22-9-101 et seq.; and
  9. The director shall employ within the Design Review Section the State Architect and the State Engineer who shall have sufficient private practice experience within their respective fields as well as be registered and licensed within the state; and
4. Real Estate Services Section. The Real Estate Services Section shall:
  1. Develop and enforce minimum leasing, sale, and purchase of property standards and criteria for consideration and adoption by the secretary;
  2. Design standard lease forms to be approved by the secretary for use by state agencies as provided in this chapter;
  3. Assist state agencies and the secretary in determining and evaluating rental space needs and the allocation of space for state agencies;
  4. Conduct surveys to determine available rental space that meets minimum leasing standards and criteria and that may be available for use by state agencies;
  5. Otherwise carry out and administer those duties and responsibilities delegated to the Real Estate Services Section by the secretary and assist state agencies to ensure that rental space acquired and utilized by state agencies is acquired and utilized in a manner consistent with the intent of this chapter so that no state agency shall lease space that is not absolutely essential to the efficient performance of its duties and responsibilities; and
  6. Carry out and administer those duties and responsibilities involving the purchase or sale of property by state agencies that are under the jurisdiction of the division so as to ensure that the property is sold or purchased in a manner consistent with Arkansas laws and rules.
The secretary may transfer the various duties and functions among the various sections of the division and effect any other organizational or administrative changes that may be necessary to bring about the efficient and effective implementation of this chapter.

History. Acts 1975, No. 716, § 5; A.S.A. 1947, § 5-1022; Acts 1987, No. 815, §§ 1, 2; 1995, No. 983, § 1; 1999, No. 494, § 1; 2001, No. 542, § 1; 2003, No. 364, §§ 9, 10; 2003, No. 827, §§ 1, 2; 2007, No. 186, § 8; 2009, No. 193, § 7; 2015 (1st Ex. Sess.), No. 7, § 25; 2015 (1st Ex. Sess.), No. 8, § 25; 2016 (3rd Ex. Sess.), No. 2, § 54; 2016 (3rd Ex. Sess.), No. 3, § 54; 2019, No. 315, §§ 2342, 2343; 2019, No. 910, § 6157.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Pursuant to § 1-2-303, obsolete language concerning the Building Authority Council has been removed from this section.

Amendments. The 1999 amendment added (a)(1)(H).

The 2001 amendment substituted “in this section” for “below” in the introductory language of (a); inserted subsection headings; substituted “Conduct visits by the design professional” for “The design professional shall conduct visits” in (a)(1)(F)(i); substituted “the council” for “the State Building Services Council” in (a)(1)(F)(iii), (a)(2)(C), (a)(3)(A), (a)(4)(A), and (a)(5)(A); substituted “Operations” for “Operation/Maintenance” in (a)(2); deleted “Arkansas” preceding “State Building” in (a)(2)(B), (a)(3)(A), and (a)(5)(A); substituted “Real Estate Services” for “Leasing” in the introductory language in (a)(4) and (a)(4)(E); inserted “sale, and purchase of property” in (a)(4)(A); inserted (a)(4)(F); and made minor stylistic changes throughout.

The 2003 amendment by No. 364 deleted “Approve methods of finance and” from the beginning of (a)(1)(B); inserted “final” in (a)(1)(C); substituted “observation” for “inspection” and “observations” for “inspections” in (a)(1)(D); substituted “with” for “by” in (a)(1)(F)(i); inserted “by design professionals” in (a)(1)(F)(ii); substituted “capital improvements” for “construction” in (a)(3)(B).

The 2003 amendment by No. 827 rewrote (a)(3); and repealed former (a)(5), concerning the “Engineering Section.”

The 2009 amendment deleted (a)(1)(H), and made related changes.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 rewrote the introductory language of (a); inserted “director with the advice of the” in (a)(1)(F)(iii), (a)(2)(C), (a)(4)(A), and (a)(4)(B); substituted “the division” for “the authority” in (a)(2)(B), (a)(3)(A), (a)(4)(F), and (b); deleted “of the authority” following “Section” in (a)(3)(I); inserted “the director” in (a)(4)(C); and substituted “Real Estate Services Section” for “section” in (a)(4)(E).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following the second occurrence of “Administration” in the introductory language of (a); and deleted “with the advice of the council” from the end of (a)(1)(F)(iii).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(3)(B); and substituted “rules” for “regulations” in (a)(4)(F).

The 2019 amendment by No. 910, in the introductory language of (a), deleted “of the Department of Finance and Administration” following “Building Authority Division”, and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration”.

22-2-108. Powers and duties generally.

As may be provided, allowed, or limited by the provisions of this chapter, the Secretary of the Department of Transformation and Shared Services may establish policies, guidelines, standards, and procedures which shall guide and govern the Building Authority Division with regard to the following responsibilities, duties, powers, and activities:

To investigate and obtain information concerning the various boards, commissions, authorities, agencies, departments, and offices of the state, which are the “state agencies”, in relation to:
1. Where they are housed;
2. Their present and projected needs for space and facilities;
3. The rental being paid and the rental that state agencies could reasonably pay for space and facilities in public and private buildings; and
4. The public building space and facilities that can be feasibly financed from appropriated funds available to the division;
1. To construct and equip buildings or to acquire by gift or purchase existing buildings and the sites upon which they are situated for use as public buildings.
2. However, before the division may construct and equip buildings or acquire by purchase existing buildings and the sites upon which they are situated for use as public buildings, requests for the construction and equipping of those buildings or the acquisition of those existing buildings shall have been first submitted to the General Assembly, or to the Legislative Council when the General Assembly is not in session, and the General Assembly shall have reviewed and appropriated the funds therefor or specifically approved the method of funding their construction, equipping, or acquisition thereof;
1. To provide for the operation and management of the public buildings so constructed or acquired and arrange for the housing of state agencies as space and facilities permit and to rent and lease space and facilities upon such terms and conditions and for such rentals as the division may determine.
2. Should there be any surplus space in a public building above the requirements of the state agencies that can be feasibly housed in the building, then the division may lease or rent the surplus space to individuals and organizations other than state agencies until it is needed by state agencies;
To use the lands acquired by the Arkansas Revenue Department Building Commission which were transferred to State Building Services under Acts 1975, No. 716, § 6, as sites for public buildings and acquire additional sites as provided in § 22-2-109;
To wreck, remove, and dispose of or salvage buildings or other improvements as necessary for the construction and equipping of public buildings or for future use of an unspecified project;
To purchase, lease, or rent and receive devises, bequests, or donations of and sell or otherwise dispose of any property, real, personal, or mixed, on the division's own behalf and without the approval of any other board, commission, agency, department, or officer, and the division may convert into money any property bequeathed or donated to the division or not needed or which cannot be used in the form received;
1. To execute contracts necessary to accomplish the purposes of this chapter, including without limitation a statewide contract for design services to expedite the procurement of design services by a state agency in an emergency.
2. However, no contract shall be entered into for the purchase of any real property unless the division submits the contract for review to the General Assembly, or to the Legislative Council when the General Assembly is not in session, a request to purchase the property, and the General Assembly provides the funds for or approves the method of funding the purchase;
To apply for, receive, accept, and use any moneys and properties from:
1. The United States or any state, or any department or agency thereof;
2. Any public or private corporation of any nature; and
3. Any individual or group;
1. To establish, promulgate, and enforce minimum design and construction standards and criteria for all capital improvements undertaken by any state agency, including without limitation procedures regarding flood plain management and the bidding and awarding of capital improvements regarding projects under the jurisdiction of the division.
2. However, the division shall not:
  1. Engage in the production of architectural plans and specifications, with the exception that the architects and engineers employed by the division may provide and make available technical assistance to the division's sections listed in § 22-2-107 and other agencies regarding capital improvements involving roofing projects, repairs, alterations, or renovations; or
  2. Apply minimum design and construction standards and criteria to the design or construction of an unpaved trail project;
To establish and enforce minimum standards and criteria for the management, maintenance, and operation of all public buildings and capital improvements;
To establish and enforce minimum standards and criteria for the leasing and renting of space for and by state agencies;
To provide for the management, maintenance, and operation of those public buildings as may be required by this chapter or otherwise by law to be managed, maintained, or operated by the division and provide technical advice on management, maintenance, and operation to agencies with existing capital improvements;
To provide monthly reports to the Legislative Council and to the Governor, or as otherwise may be requested by the Legislative Council, the Governor, or the General Assembly;
To obtain and keep on file copies of architectural and engineering plans and construction documents for all public buildings and capital improvements, including those plans and documents for all existing public buildings and capital improvements for which plans and documents exist;
1. 1. To assume all duties and responsibilities for minor alterations and repairs of existing public buildings and capital improvements previously vested within the Office of State Procurement by Acts 1955, No. 313 [repealed], as amended by Acts 1959, No. 29 [repealed], as implemented and developed by the Construction Section.
  2. These duties and responsibilities of the Office of State Procurement are transferred to the division.
2. It is the intent of this chapter that the above-mentioned and all other duties and responsibilities of the Construction Section shall be transferred to the division, including approval authority for real property purchases by any agency, board, commission, or department; and
To promulgate reasonable rules and procedures as may be required to carry out its duties, responsibilities, powers, and authorities under this chapter which are consistent with the purposes and intent of this chapter.

History. Acts 1975, No. 716, § 3; 1983, No. 734, § 1; A.S.A. 1947, § 5-1020; Acts 1999, No. 1173, § 2; 2003, No. 364, § 11; 2009, No. 193, § 8; 2015 (1st Ex. Sess.), No. 7, § 26; 2015 (1st Ex. Sess.), No. 8, § 26; 2016 (3rd Ex. Sess.), No. 2, § 55; 2016 (3rd Ex. Sess.), No. 3, § 55; 2018 (2nd Ex. Sess.), No. 5, § 2; 2018 (2nd Ex. Sess.), No. 12, § 2; 2019, No. 315, § 2344; 2019, No. 422, § 1; 2019, No. 910, § 6158.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Acts 2016, No. 240, § 15, provided: “RESTRICTIONS. Department of Finance and Administration — Building Authority Division shall not demolish the 501 Building, formerly known as the Aegon building, but shall retain the building as suitable office space to be used by state agencies, boards, commissions, offices and departments.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 1999 amendment rewrote (2)(B); substituted “in the building” for “therein” in (3)(B); added “or for future use of an unspecified project” at the end of (5); inserted “devises” in (6); rewrote (7)(B) and (8)(B); and made stylistic changes.

The 2003 amendment, in (9)(A), inserted “establish” and added the language beginning “including, but not”; and, in (9)(B), twice substituted “the authority” for “Arkansas State Building Services” and substituted “the authority's” for “Arkansas State Building Services.”

The 2009 amendment, in (9)(A), inserted “flood plain management,” deleted “and suspension and debarment of contractors” following the second instance of “capital improvements,” and made a minor stylistic change.

The 2015 (1st Ex. Sess.) amendment by identical acts Nos. 7 and 8 rewrote the introductory language; substituted “the division” for “the authority” throughout (1) through (3), (9), (12), and (15); substituted “State Building Services” for “authority” in (4); substituted “Building Authority Council” for “council” in (6); and rewrote (7)(B).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following the first occurrence of “Administration” in the introductory language; and, in (6), substituted “the division's” for “its”, “division” for “Building Authority Council”, and “the division” for “it”.

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 5 and 12 redesignated former (9)(B) as the introductory language of (9)(B) and (9)(B)(i); and added (9)(B)(ii).

The 2019 amendment by No. 315 deleted “regulations” following “rules” in (16).

The 2019 amendment by No. 422 added “including without limitation a statewide contract for design services to expedite the procurement of design services by a state agency in an emergency” in (7)(A).

The 2019 amendment by No. 910, in the introductory language, substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” and deleted “of the Department of Finance and Administration” following “Building Authority Division”.

Case Notes

Transfer of Land for Public Purpose.

Former law creating Public Building Authority with authority to acquire lands specifically recognized that the lands were to be acquired for public purposes; thus, transfer of land from a state building commission to the Public Building Authority did not violate the constitutional provision prohibiting the using of tax moneys levied for one purpose for any other purpose. Morgan v. Sparks, 258 Ark. 273, 523 S.W.2d 926 (1975) (decision under prior law).

Cited: Wells v. Clinton, 282 Ark. 20, 666 S.W.2d 684 (1984).

22-2-109. Acquisition of additional sites.

1. Additional sites may be acquired from state agencies, either with or without compensation, by making necessary arrangements with any state agency for any lands owned by that state agency or owned by the State of Arkansas and under the control or jurisdiction of that state agency.
2. In the alternative, a site may be obtained by the Building Authority Division by gift, purchase, or, within Pulaski County, Arkansas, by condemnation under the power of eminent domain.
1. In the event the sites cannot be purchased by negotiation, the division may institute condemnation proceedings under the power of eminent domain for the acquisition of sites.
2. 1. Condemnation proceedings under the power of eminent domain may be exercised within Pulaski County, Arkansas, in the manner now provided in §§ 18-15-1202 — 18-15-1207 or pursuant to any other applicable statutory provisions for the exercise of the power of eminent domain in the State of Arkansas or by any state agency.
  2. However, if the division acquires under the power of eminent domain a building which is a general purpose office building located within the Capitol Zoning District, as zoned by § 22-3-302(a), the following provisos shall be applicable:
    1. 1. In addition to all other elements constituting just compensation for the taking of property, which are usually and regularly considered in condemnation actions, an owner-tenant may be entitled to reasonable moving expenses for the moving of that tenant to a location within Pulaski County, Arkansas.
      2. The reasonable moving expense shall be fixed by the court and at its discretion;
    2. 1. Upon a final award in such a condemnation proceeding, the court in which the action is being undertaken may grant the condemnee in an owner-occupied structure the right to remain in occupation of the structure without payment of rent by the owner-occupier for a reasonable period of time to be determined in the discretion of the court, but such period of time shall not exceed three (3) years.
      2. However, if the monetary award is demanded by the condemnee and paid pursuant to the award, the court shall fix a reasonable rental for that part of the property occupied by the condemnee subsequent to the final award. All other tenants occupying all or any part of the condemned premises, by lease or otherwise, shall pay rentals to the condemnor from the date of the final award or payment and so long as such tenants occupy the premises or any part thereof.
      3. Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and
    3. Should the owner of the building being acquired under the power of eminent domain also own unimproved property adjacent to or near the building and should there be a connected or unity of use between the condemned building and the unimproved property, including a parking lot adjacent to or near an office building, the division shall also take by purchase or under the power of eminent domain such unimproved property.

History. Acts 1975, No. 716, § 3; A.S.A. 1947, § 5-1020; Acts 1999, No. 1173, § 3; 2015 (1st Ex. Sess.), No. 7, § 27; 2015 (1st Ex. Sess.), No. 8, § 27; 2019, No. 910, § 6159.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 1999 amendment made stylistic changes.

The 2015 amendment by 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the Building Authority Division of the Department of Finance and Administration” for “the Arkansas Building Authority” in (a)(2); substituted “division may” for “authority is authorized to” in (b)(1); substituted “if the division acquires” for “in the event the authority shall acquire” in (b)(2)(B); and substituted “division shall” for “authority shall be obliged to” in (b)(2)(B)(iii).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(2).

Case Notes

Cited: Wells v. Clinton, 282 Ark. 20, 666 S.W.2d 684 (1984).

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.

History. Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 2015 (1st Ex. Sess.), No. 7, § 28; 2015 (1st Ex. Sess.), No. 8, § 28; 2019, No. 910, § 6160.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Director of the Department of Finance and Administration” for “the Arkansas Building Authority Council”.

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration”.

22-2-111. Schedule of supervision — Type one — 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. 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.
2. 1. 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.
  2. 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.
3. 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.
4. 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.
5. Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas;
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;
1. 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.
2. 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
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.

History. Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 1999, No. 1173, § 4; 2015 (1st Ex. Sess.), No. 7, § 29; 2015 (1st Ex. Sess.), No. 8, § 29; 2019, No. 910, § 6161.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 1999 amendment deleted “within Pulaski County, Arkansas” at the end of the introductory paragraph; substituted “Demolish, remove” for “Wreck and remove” at the beginning of (4); and made stylistic changes.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the division” for “the authority” in the introductory language and throughout (1) and (3); substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the introductory language; and substituted “State Building Services” for “authority” in (1)(A).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language.

22-2-112. Schedule of supervision — Type two — Designated funds.

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.
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.
The division shall negotiate all contracts for architectural and engineering and construction services and revisions and modifications to those contracts.

History. Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 1999, No. 1173, § 5; 2015 (1st Ex. Sess.), No. 7, § 30; 2015 (1st Ex. Sess.), No. 8, § 30; 2016 (3rd Ex. Sess.), No. 2, § 56; 2016 (3rd Ex. Sess.), No. 3, § 56; 2019, No. 910, § 6162.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 1999 amendment rewrote this section.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the division” for “the authority” throughout; substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority”; and substituted “Director of the Department of Finance and Administration with the advice of the Building Authority” for “Arkansas Building Authority”.

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 redesignated the former undesignated paragraph as (a), (b), and (c); and deleted “with the advice of the Building Authority Council” following “Administration” in (b).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a); and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (b).

22-2-113. Schedule of supervision — Type three — All other cases.

In all other cases, within or without Pulaski County, Arkansas, when the construction of public buildings or capital improvements is undertaken or is presently being undertaken or is authorized but not presently under contract by or for a state agency, then the Building Authority Division shall serve in a technical advisory capacity to advise an agency in relation to that agency's capital improvement and to perform review and approval duties, specifically including, but not limited to, the provision and performance of the following services and duties:
1. Consult with the agency as to the need for and the type, cost, and design of the capital improvement;
2. Assist the agency in reviewing architectural proposals and advising the agency in the selection of persons to perform architectural and engineering services, but the agency shall have the responsibility of selecting those persons. However, nothing in this subdivision (a)(2) shall affect the power and responsibility of the Building Authority Division to review and approve architectural and engineering design plans and to negotiate contracts for architects' and engineers' services as otherwise provided in this section;
3. Review and approve architectural and engineering plans and designs 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;
4. As agent for the state agency, negotiate and approve any contractual terms, relationships, or responsibilities for architectural and engineering services;
5. Assist the state agency in receipt of bids for construction contracts necessary for the capital improvement if bids are required by law;
6. Advise and assist the agency in the selection of persons to perform construction services, but the agency shall have the responsibility of selecting the persons to perform the services. However, nothing in this subdivision (a)(6) shall affect the powers and responsibilities of the Building Authority Division consistent with subdivisions (a)(7) and (8) of this section;
7. 1. Review and approve construction plans to ensure compliance with minimum construction standards and criteria promulgated by the secretary as provided in this chapter.
  2. 1. This subdivision (a)(7) does not apply to the design or construction of an unpaved trail project.
    2. The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (a)(7) meets the standards for observation by registered professionals as established by the Building Authority Division;
8. 1. As agent for the agency, negotiate and approve all construction contracts, revisions, and modifications necessary for the capital improvement.
  2. 1. This subdivision (a)(8) does not apply to the design or construction of an unpaved trail project.
    2. The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (a)(8) adheres to applicable public works laws;
9. Assist and advise the state agency as to the operation, management, and maintenance of the capital improvement. However, the operation, management, and maintenance shall be in accordance with minimum standards as promulgated by the secretary; and
10. Otherwise take such action as may be necessary to carry out the policies, standards, criteria, and other rules as may be adopted or promulgated by the secretary to implement the provisions of this chapter.
1. The boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University, respectively, are exempt from review, consultation, assistance, advice, and approval by the Building Authority Division for those items listed in subsection (a) of this section. Upon approval of the Division of Higher Education, the governing boards of all other public institutions of higher education shall be exempt from review and approval by the Building Authority Division for those items listed in subsection (a) of this section. However, prior to granting such approval, the Division of Higher Education shall have reviewed and approved policies and procedures adopted by the governing board with respect to bidding and construction of capital improvement projects. Nothing in this subdivision (b)(1) shall prevent any of the foregoing institutions exempt from review and approval of the Building Authority Division from entering into an agreement with the Building Authority Division to provide reviews and approval of all items listed in subsection (a) of this section.
2. However, any of the foregoing boards which are exempt as set forth in subdivision (b)(1) of this section and which do not enter into an agreement with the Building Authority Division shall adopt policies and procedures involving the bidding and awarding of capital improvement contracts and shall furnish such policies and procedures to the Division of Higher Education for its review and advice. It is the intention of this section that any and all adopted policies and procedures pertaining to the bidding and awarding of capital improvement contracts from public funds as stated herein shall provide a uniformity among the foregoing institutions with respect to the policies and procedures to be followed.

History. Acts 1975, No. 716, § 7; A.S.A. 1947, § 5-1024; Acts 2001, No. 961, § 9; 2015 (1st Ex. Sess.), No. 7, § 31; 2015 (1st Ex. Sess.), No. 8, § 31; 2016 (3rd Ex. Sess.), No. 2, § 57; 2016 (3rd Ex. Sess.), No. 3, § 57; 2018 (2nd Ex. Sess.), No. 5, § 3; 2018 (2nd Ex. Sess.), No. 12, § 3; 2019, No. 315, § 2345; 2019, No. 910, §§ 6163-6170.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Pursuant to § 1-2-303, obsolete language concerning the Building Authority Council has been removed from this section.

Amendments. The 2001 amendment redesignated the former introductory language as the introductory language of (a) and inserted “Arkansas”; substituted “Arkansas Building Authority Council” for “council” in (a)(3); added (b); and made minor stylistic changes throughout.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the division” for “the authority” throughout the section; substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the introductory language of (a); substituted “Director of the Department of Finance and Administration with the advice of the Building Authority” for “Arkansas Building Authority” in (a)(3); inserted “director with the advice of the” in (a)(7), (a)(9), and (a)(10); and substituted “Department of Higher Education” for “department” in the third sentence in (b)(1) and the first sentence in (b)(2).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following “Administration” in (a)(3).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 5 and 12 added (a)(7)(B) and (a)(8)(B); and made stylistic changes.

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(10).

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language of (a); substituted “Building Authority Division” for “division” in (a)(2), (a)(6), (a)(7), and throughout (b); substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (a)(3); substituted “secretary” for “director” throughout the section; and substituted “Division of Higher Education” for “Department of Higher Education” throughout (b).

22-2-114. Leasing responsibilities.

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

History. Acts 1975, No. 716, § 8; 1979, No. 411, § 1; A.S.A. 1947, § 5-1025; Acts 1999, No. 859, § 1; 2001, No. 238, § 1; 2015, No. 879, § 1; 2015 (1st Ex. Sess.), No. 7, § 32; 2015 (1st Ex. Sess.), No. 8, § 32; 2016 (3rd Ex. Sess.), No. 2, § 58; 2016 (3rd Ex. Sess.), No. 3, § 58; 2019, No. 910, §§ 6171-6175.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Acts 2016, No. 34, § 3, provided:

“LEASING FROM ARKANSAS BUILDING AUTHORITY. The Board of Hearing Instrument Dispensers shall be exempt from Arkansas Building Authority leasing jurisdiction and procedures as set out in Arkansas Code 22-2-114.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Pursuant to § 1-2-303, obsolete language concerning the Building Authority Council has been removed from this section.

Publisher's Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 32 specifically amended this section as amended by Acts 2015, No. 879.

Amendments. The 1999 amendment added (a)(5)(B); and made stylistic changes.

The 2001 amendment, in (a), deleted “such” preceding “public” in the introductory language; redesignated former (a)(1) as present (a)(1)(A) and (a)(1)(C); added (a)(1)(B); in (a)(2), deleted “shall” following “thereof,” inserted “shall” preceding “execute,” and substituted “State Building Services Council” for “council”; substituted “subdivision (a)(1) of this section” for “subdivision (1) of this subsection” in (a)(4); redesignated former (a)(5)(A) as present (a)(5)(A)(i) through (a)(5)(A)(iii); substituted “also shall” for “shall also” in (a)(6); and made related changes.

The 2015 amendment by No. 879 added (d).

The 2015 amendment as amended by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, substituted “the division” for “the authority” throughout the section; substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the introductory language of (a); rewrote the second sentence in (a)(2); substituted “Director of the Department of Finance and Administration with the advice of the Building Authority Council” for “council” in the first sentence in (a)(3); substituted “Real Estate Services Section of the Building Authority Division of the Department of Finance and Administration” for “Leasing Section of the authority” in (a)(4); and inserted “director with the advice of the” in (a)(5)(A)(i) and twice in (a)(6).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following “Administration” in (a)(3).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language of (a) and in (a)(4); substituted “Department of Transformation and Shared Services” for “Department of Finance and Administration” in (a)(2); substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (a)(3); and substituted “secretary” for “director” in (a)(5)(A)(i) and twice in (a)(6).

22-2-115. Lease-purchase agreements.

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.
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.
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.

History. Acts 1979, No. 129, §§ 1-3; A.S.A. 1947, §§ 5-1025.1 — 5-1025.3; Acts 2015 (1st Ex. Sess.), No. 7, § 33; 2015 (1st Ex. Sess.), No. 8, § 33; 2016 (3rd Ex. Sess.), No. 2, § 59; 2016 (3rd Ex. Sess.), No. 3, § 59; 2019, No. 910, §§ 6176, 6177.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Pursuant to § 1-2-303, obsolete language concerning the Building Authority Council has been removed from this section.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 rewrote the first sentence in (a); inserted designations (b)(1) and (b)(2); and rewrote (b)(1).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “and with the advice of the Building Authority Council” following “lessor” in the first sentence of (a).

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b)(1).

22-2-116. Maintenance responsibilities generally.

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.
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.

History. Acts 1975, No. 716, § 9; A.S.A. 1947, § 5-1026; Acts 2003, No. 364, § 12; 2015 (1st Ex. Sess.), No. 7, § 34; 2015 (1st Ex. Sess.), No. 8, § 34; 2019, No. 910, § 6178.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2003 amendment added (b); and substituted “Arkansas Building Authority” for “State Building Services” in (a).

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (a); and substituted “the division” for “the authority” twice in (b).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

22-2-117. Maintenance responsibilities — Capitol Zoning District.

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.
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.
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.
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.

History. Acts 1975, No. 716, § 9; A.S.A. 1947, § 5-1026; Acts 2015 (1st Ex. Sess.), No. 7, § 35; 2015 (1st Ex. Sess.), No. 8, § 35; 2019, No. 910, § 6179.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the division” for “the authority” throughout the section; and substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the introductory language of (a); and added “and” at the end of (a)(2).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language of (a).

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.

History. Acts 1975, No. 716, § 10; A.S.A. 1947, § 5-1027; Acts 2015 (1st Ex. Sess.), No. 7, § 36; 2015 (1st Ex. Sess.), No. 8, § 36; 2019, No. 910, § 6180.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. The second sentence of Acts 1975, No. 716, § 10, expressed the intent of the General Assembly that the plans, studies, acquisitions, and constructions undertaken or completed by the former Arkansas Public Building Authority should be utilized to the greatest possible advantage of the state and that the expenditure of funds which has occurred for those purposes should, to the maximum extent feasible, not be duplicated.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

Case Notes

Approval of Plans.

Under former law, the advertising and accepting of bids was prohibited until Public Building Authority approved the architect's plans and specifications for the construction of public buildings; thus, the authority could not let contracts for certain phases of construction before final plans for other stages of the building were complete. Morgan v. Sparks, 258 Ark. 273, 523 S.W.2d 926 (1975) (decision under prior law).

22-2-119. [Repealed.]

Publisher's Notes. This section, concerning fiscal management and creation of the Arkansas Building Authority Fund, was repealed by Acts 2007, No. 186, § 9. The section was derived from Acts 1975, No. 716, § 12; A.S.A. 1947, § 5-1028.

22-2-120. Exemption from statutes concerning Capitol Zoning District.

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.
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.

History. Acts 1975, No. 716, § 13; A.S.A. 1947, § 5-1029; Acts 2015 (1st Ex. Sess.), No. 7, § 37; 2015 (1st Ex. Sess.), No. 8, § 37; 2016 (3rd Ex. Sess.), No. 2, § 60; 2016 (3rd Ex. Sess.), No. 3, § 60; 2019, No. 910, § 6181.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (a); and “Director of the Department of Finance and Administration with the advice of the Building Authority Council” for “Arkansas Building Authority Council” in (b).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following “Administration” in (b).

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.

History. Acts 2001, No. 325, § 1; 2003, No. 364, § 13; 2015 (1st Ex. Sess.), No. 7, § 38; 2015 (1st Ex. Sess.), No. 8, § 38; 2017, No. 707, § 78; 2019, No. 884, § 1; 2019, No. 910, § 6182.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2003 amendment substituted “Arkansas Building Authority” for “Arkansas State Building Services” in the introductory language of (a); added “the Arkansas State Game … Highway Commission” to (a)(1); rewrote (c); and substituted “The authority” for “State Building Services” in (d).

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the introductory language of (a); substituted “the division” for “the authority” in (c) and (d); and deleted “and regulations” following “rules” in (d).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1).

The 2019 amendment by No. 884 rewrote the section.

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” following “Building Authority Division”.

Chapter 3 Public Buildings and Other Facilities

Subchapter 1 — General Provisions

[Reserved.]

Subchapter 2 — Capitol Building and Grounds Generally

Cross References. Distribution among funds, § 19-5-201 et seq.

Preambles. Acts 1935, No. 59, contained a preamble which read:

“Whereas, public convenience requires that a restaurant or cafe be conducted in the State Capitol Building under proper supervision as to sanitation and personnel; and

“Whereas, no provision of law now authorizes or directs the custodian of the properties to enter into an agreement based upon a monetary consideration; and

“Whereas, under present arrangements the state is paying the cost of light, gas, water, etc., utilized in the operation of said cafe or restaurant, which represents a net loss;

“Now therefore ….”

Effective Dates. Acts 1907, No. 310, § 3: effective on passage.

Acts 1911, No. 22, § 4: effective on passage.

Acts 1917, No. 150, § 6: Mar. 1, 1917. Emergency declared.

Acts 1919, No. 323, § 6: Mar. 21, 1919. Emergency declared.

Acts 1935, No. 59, § 2: approved Feb. 20, 1935. Emergency clause provided: “It is found as a matter of fact that the lack of legal authority to receive bids as herein contemplated is resulting in the loss of revenue approximating more than $100 per month, and this act being necessary for the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take full force and effect from and after its passage.”

Acts 1939, No. 67, § 4: approved Feb. 9, 1939. Emergency clause provided: “Whereas, the State of Arkansas has gone to considerable expense to improve the physical condition of the House and Senate Chambers, and whereas, the use of the House and Senate Chambers for any and all purposes will result in a substantial impairment of the physical improvements made by the State of Arkansas, now therefore, an emergency is hereby declared and this act being necessary for the preservation of state property and for the peace, health and safety of the state shall take effect and be in full force from and after its passage.”

Acts 1963, No. 507, § 9: Mar. 20, 1963. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that there is an acute shortage of parking facilities on the State Capitol Grounds, that said shortage of parking facilities, together with inadequate traffic control, adversely affects the proper operation of the State Government in that people having business with the state do not have easy access to the several state offices, departments and agencies, that existing law has failed to solve the aforesaid problems, that such condition should be remedied at the earliest possible time, and that only by the immediate operation of this act may such condition be alleviated. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force on and after its passage and approval.”

Acts 1972 (1st Ex. Sess.), No. 56, § 5: Mar. 1, 1972. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain utility lines and facilities owned by the State of Arkansas and located on the State Capitol Grounds are no longer serviceable and that temporary facilities have been erected on the Grounds for providing services to the various buildings on the Grounds; that it is necessary that such temporary facilities be removed and that permanent facilities be installed as soon as possible in order that adequate service to the various state agencies on the Capitol Grounds may be provided; that there is presently no law specifically authorizing the state to enter into agreements with public utilities regarding the installation of utility lines and facilities on the Capitol Grounds and that this act is immediately necessary to grant such authority in order that utility services may be provided the various agencies and departments located on the Capitol Grounds. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 394, § 7: Mar. 10, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that many thousands of Arkansans served in the armed forces of the United States in Vietnam; that the Arkansas Vietnam veterans have not received the recognition and honor that they deserve for the service to their country in the Vietnam Conflict; that this act is designed to provide for the erection and maintenance of an appropriate monument on the State Capitol Grounds as soon as funds are made available therefor, as a symbol of recognition and appreciation of the state and its citizens to Arkansas Vietnam veterans; that this act should be given effect at the earliest possible date in order that interested persons may make contributions and donations to the Vietnam Veterans Monument Fund and thereby enable the Secretary of State to begin construction of the monument in the near future. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1068, § 21: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1995 (1st Ex. Sess.), No. 10, § 24: Oct. 23, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current law relating to the operation of interim committees of the General Assembly unduly restricts the interim work of the General Assembly by authorizing committees to meet only as joint committees of the House of Representatives and the Senate; that in order to enable the Senate and House of Representatives to efficiently and effectively perform their interim duties, it is necessary that the interim committees of each house be authorized to meet either jointly or separately and that this act should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1285, § 32: July 1, 1997, except § 10, effective Apr. 9, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-first General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1997 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety Section 10 of this act shall be in full force and effect from and after the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, Section 10 shall become effective on the expiration of the period of time during which the governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, Section 10 shall become effective on the date the last house overrides the veto. The remaining sections of this act shall become effective from and after July 1, 1997.”

Acts 2000 (1st Ex. Sess.), No. 3, § 2: Apr. 11, 2000. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that second-hand smoke is a detriment to the health of people who work in and visit the State Capitol Building as well as damaging to the building, its displays, and other contents; that this act will prohibit smoking in the State Capitol Building; and that this act should become effective as soon as possible in order to protect the health of people who work in and visit the State Capitol Building. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2017, No. 526, § 2: Mar. 20, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is a critical need to ensure safe and secure public buildings and other facilities for the citizens of Arkansas on the grounds of the State Capitol; and that a delay in the effective date of this act could irreparably harm the ability of the Secretary of State to provide necessary upgrades and repairs to the grounds and facilities of the State Capitol. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

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.

History. Acts 1907, No. 310, § 1, p. 736; C. & M. Dig., § 9182; Pope's Dig., § 11868; A.S.A. 1947, § 5-201.

22-3-202. Secretary of State as custodian.

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.
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.
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.

History. Acts 1917, No. 150, § 2, p. 803; C. & M. Dig., § 4424; Pope's Dig., § 5455; A.S.A. 1947, § 5-202; Acts 2013, No. 1179, § 1.

Amendments. The 2013 amendment added (c).

22-3-203. Use of Senate and House Chambers — Definition.

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.
As used in this section, “activities” means those which the State of Arkansas controls and finances for all purposes.

History. Acts 1939, No. 67, § 1; A.S.A. 1947, § 5-205.

Cross References. Lieutenant Governor as custodian of Senate chamber, § 25-16-301.

22-3-204. List of equipment in Senate and House Chambers.

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.
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.

History. Acts 1939, No. 67, § 2; A.S.A. 1947, § 5-206.

Cross References. Purchase of supplies for General Assembly, § 10-2-222.

22-3-205. Leasing of restaurant or cafe in State Capitol Building.

As custodian of the State Capitol Building, the Secretary of State shall oversee the operation of and may receive bids or offers for renting or leasing the properties now being utilized for a restaurant or cafe and other purposes in the State Capitol Building upon such terms or conditions as, in the judgment of the Secretary of State, may best serve the interests of the state.
Moneys received under subsection (a) of this section shall be deposited into the cash funds, as defined by § 19-4-801, of the Secretary of State that are designated for administrative and maintenance expenses.

History. Acts 1935, No. 59, § 1; Pope's Dig., § 5456; A.S.A. 1947, § 5-207; Acts 2017, No. 526, § 1.

Amendments. The 2017 amendment, in (a), substituted “As custodian of the State Capitol Building, the Secretary of State shall oversee the operation of and may” for “The Secretary of State, as custodian of the State Capitol Building, the Governor, and the Director of the Department of Health are directed to”, “for renting or leasing” for “the renting or leasing of”, and “the judgment of the Secretary of State” for “their judgment”; and, in (b), substituted “Moneys received under subsection (a) of this section” for “Moneys so received from these rentals” and “cash funds, as defined by § 19-4-801, of the Secretary of State that are designated for administrative and maintenance expenses” for “State Treasury to the credit of the State Apportionment Fund, after which they shall be distributed among the General Revenue Fund Account of the State Apportionment Fund and other funds as provided by law”.

22-3-206. Agreements with public utility companies.

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

History. Acts 1972 (1st Ex. Sess.), No. 56, §§ 2, 3; A.S.A. 1947, §§ 5-233, 5-234.

Publisher's Notes. Acts 1972 (1st Ex. Sess.), No. 56, § 1 provided:

“It is hereby found and determined by the General Assembly that some of the utility service lines and facilities owned by the State of Arkansas and located on the State Capitol Grounds are no longer serviceable and that it is necessary that such facilities be replaced as soon as possible; it is further determined that other utility lines and facilities may need extensive repair or replacement in the future; that some public utilities are willing to install new lines, terminals and other facilities and equipment on the State Capitol Grounds for servicing the various buildings thereon but that there is currently no clear-cut authority for any public official or public body to grant authority for utilities to construct and maintain necessary facilities on the Capitol Grounds or to enter into agreements with such utilities regarding the establishment and maintenance of such facilities; that specific authority should be granted to the appropriate public official to enter into such agreements with public utilities in order that adequate utility services may be provided to various state agencies with offices in the buildings on the Capitol Grounds; that the Secretary of State is designated by law as custodian of the Capitol Building and Grounds and is the appropriate State official to be vested with the authority to contract with utilities on behalf of the State of Arkansas regarding the installation and maintenance of public utility facilities on the Capitol Grounds.”

22-3-207. Permanent press room.

Room 152 on the first floor of the State Capitol Building, immediately to the north of the north elevator on the first floor of the State Capitol Building, the same being to the north of the outside east entrance on the first floor of the State Capitol Building, is designated as a permanent press room to be used by newspaper, radio, and television personnel covering the State Capitol.
It shall be the duty of the Secretary of State to maintain the room at all times for the use of the press as provided in this section, and the Secretary of State shall provide necessary janitorial services and office equipment needed by members of the press in the room.
The Secretary of State is prohibited from changing the room number assigned to the room or to nullify or void the provisions of this section.
If the Secretary of State shall fail or refuse to comply with the provisions of this section, any resident of this state may bring an action in the Circuit Court of Pulaski County, Arkansas, for an appropriate order directing the Secretary of State to comply with the provisions of this section. Failure to comply with the order shall be contempt of court and punishable accordingly.

History. Acts 1963, No. 80, §§ 1, 2; A.S.A. 1947, §§ 5-231, 5-232.

22-3-208, 22-3-209. [Superseded.]

A.C.R.C. Notes. These sections, which concerned the State Capitol Grounds Commission, are deemed to be superseded by § 22-3-501 et seq. The former sections were derived from the following sources:

22-3-208. Acts 1963, No. 507, §§ 1, 2, 4, 5; A.S.A. 1947, §§ 5-225, 5-226, 5-228, 5-229.

22-3-209. Acts 1963, No. 507, § 6; A.S.A. 1947, § 5-230.

22-3-210. Trespassing upon State Capitol grounds.

1. It shall be unlawful for any person to ride, drive, walk, go, or enter upon the public lawns or grounds belonging to the State of Arkansas whereon is located the State Capitol Building unless the person confines himself or herself to the public driveways or walkways upon the grounds.
2. However, this section shall not apply to the custodian of any state institutions or grounds, to any of his or her assistants, deputies, or employees, nor to any grounds laid out and designated by the custodian as playgrounds or public parks.
Any person who violates subsection (a) of this section shall be guilty of a violation and upon conviction shall be fined not more than one hundred dollars ($100).

History. Acts 1919, No. 323, §§ 1, 2; C. & M. Dig., §§ 9183, 9184; Pope's Dig., §§ 11869, 11870; A.S.A. 1947, §§ 5-211, 5-212; Acts 2005, No. 1994, § 143.

Amendments. The 2005 amendment substituted “violation” for “misdemeanor” in (b).

Cross References. Criminal trespass, § 5-39-203.

22-3-211. Power of custodian to make arrests.

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

History. Acts 1919, No. 323, § 3; C. & M. Dig., § 9185; Pope's Dig., § 11871; A.S.A. 1947, § 5-213.

22-3-212. [Repealed.]

Publisher's Notes. This section, concerning skating in State Capitol Building with metal skates, was repealed by Acts 2005, No. 1994, § 561. The section was derived from Acts 1919, No. 323, § 5; C. & M. Dig., § 9187; Pope's Dig., § 11873; A.S.A. 1947, § 5-215.

22-3-213. Fines paid into State Treasury.

All fines collected for the violation of §§ 22-3-210 and 22-3-212 [repealed] shall be paid into the State Treasury and placed to the credit of the State Apportionment Fund, after which they shall be distributed among the General Revenue Fund Account of the State Apportionment Fund and other funds as provided by law.

History. Acts 1919, No. 323, § 4; C. & M. Dig., § 9186; Pope's Dig., § 11872; A.S.A. 1947, § 5-214.

22-3-214. [Repealed.]

Publisher's Notes. This section, concerning the Capitol Art Commission, was repealed by Acts 1997, No. 1043, § 5. The section was derived from Acts 1911, No. 22, §§ 1-3; C. & M. Dig., §§ 839-841; Pope's Dig., §§ 12096-12098; A.S.A. 1947, §§ 5-216 — 5-218; Acts 1987, No. 660, §§ 1-4. For present law, see § 22-3-501 et seq.

22-3-215. Vietnam Veterans' Monument.

It is found and determined by the General Assembly that many thousands of Arkansans served in the United States Armed Forces in Vietnam, that Arkansas Vietnam veterans have not received the recognition and honor they deserve for the service to their country in the Vietnam War, and that an appropriate monument should be established and maintained on the State Capitol grounds as a symbol of the recognition and appreciation of the State of Arkansas to the Arkansas Vietnam veterans.
The Secretary of State is authorized and directed to cause to be constructed and maintained on the grounds of the State Capitol an appropriate monument to honor Arkansas Vietnam veterans when adequate funds for the construction thereof are deposited in the Vietnam Veterans' Monument Fund created in subsection (d) of this section.
1. The Secretary of State shall designate four (4) Arkansas Vietnam veterans who, together with the Secretary of State, shall constitute the Vietnam Veterans' Monument Design Committee.
2. The committee shall meet at such times as it shall determine to be necessary to select a design and site for the Vietnam Veterans' Monument to be erected and maintained on the State Capitol grounds, which design and site shall be subject to the approval of the Capitol Zoning District Commission created by § 22-3-303 or its successor.
1. The Secretary of State is authorized to accept gifts, grants, and donations from individuals and organizations to be deposited as trust funds into the Vietnam Veteran's Monument Fund, which is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
2. All funds deposited into the fund shall be used exclusively for the purpose of erecting and maintaining a suitable monument on the State Capitol grounds in recognition and appreciation of Arkansas Vietnam veterans by the State of Arkansas.

History. Acts 1983, No. 394, §§ 1-4; A.S.A. 1947, §§ 5-245 — 5-248.

22-3-216. Law Enforcement Officers' Memorial.

It is found and determined by the General Assembly that unfortunately several law enforcement officers have given their lives in the performance of their duties for the people of this state, and that these brave public servants should be honored. Therefore, an appropriate monument is established on the State Capitol grounds as a symbol of the recognition and appreciation of this state to these individuals.
1. The Governor shall designate a representative from the Division of Arkansas State Police, the Arkansas Sheriffs' Association, the Arkansas Fraternal Order of Police Foundation, Inc., and the Arkansas Municipal Police Association, who, together with a member of the State Capitol Police who is designated by the Secretary of State, shall constitute the Law Enforcement Officers' Memorial Design Committee.
2. 1. The committee shall meet at such times as it shall determine to be necessary to review names submitted for possible inclusion on the memorial.
  2. The committee shall approve names to be included on the memorial and forward the names to the Secretary of State.
3. The committee shall meet as often as it deems necessary to review the design and layout of the existing memorial and make recommendations to the Capitol Arts and Grounds Commission for the commission's consideration.

History. Acts 1985, No. 964, §§ 1-4; A.S.A. 1947, §§ 5-257 — 5-260; Acts 2017, No. 625, § 1.

Amendments. The 2017 amendment, in (a), inserted “Therefore” and substituted “is” for “should be”; deleted former (b) and (d) and redesignated former (c) as (b); inserted “a member of the State Capitol Police who is designated by” in (b)(1); substituted “review names submitted for possible inclusion on the memorial” for “select a design and site for the memorial to be erected and maintained on the State Capitol grounds. The design and site shall be subject to the approval of the Capitol Zoning District Commission created by § 22-3-303 or its successor” in (b)(2)(A); added (b)(2)(B) and (b)(3); and made stylistic changes.

22-3-217. Rules — Management.

1. Any rules or modifications concerning the use, management, or authorities of the Capitol Hill Building shall be reviewed and approved by the Joint Interim Committee on Legislative Facilities.
2. To this end, the management of the Capitol Hill Building shall be the joint responsibility of the Secretary of State and the Joint Interim Committee on Legislative Facilities.
Provided, however, it will be the continued responsibility of the Secretary of State to provide maintenance and upkeep of the Capitol Hill Building.

History. Acts 1993, No. 1068, § 14; 2019, No. 315, § 2346.

A.C.R.C. Notes. Former § 22-3-217, concerning the management of the Capitol Hill Building, is deemed to be superseded by this section. The former section was derived from Acts 1991, No. 1075, § 18.

Amendments. The 2019 amendment deleted “regulations” following “rules” in (a)(1).

22-3-218. Relocation — Vacant areas.

In the event an officer or agency relocates an office and related staff from or within the State Capitol Building at the request of the Joint Interim Committee on Legislative Facilities and the officer or agency does not have an appropriation sufficient to pay the moving costs, rents, costs of making necessary modifications to rented space, or other costs associated with the move, the Bureau of Legislative Research may expend from appropriations authorized for the bureau such additional funds as may be required to assist such officer or agency in paying the additional costs.
When any area in the State Capitol Building is vacated, the Secretary of State and the Joint Interim Committee on Legislative Facilities shall jointly decide who shall occupy the vacated area.

History. Acts 1995, No. 1312, § 21; 1995 (1st Ex. Sess.), No. 10, § 20; 1997, No. 267, § 1; 1997, No. 1285, § 18.

22-3-219. Monument to honor veterans of twentieth-century wars.

It is hereby found and determined by the Seventy-Eighth Arkansas General Assembly that many thousands of Arkansans served in the armed services of the United States in World War I, World War II, the Korean Conflict, the Vietnam War, and, now, the War in the Persian Gulf, and that many of these veterans have not fully received the honors and recognition deserving of those citizens from a thankful state and nation and that an appropriate monument should be established on the State Capitol grounds as a symbol to honor those men and women who gave their lives and who served with honor in the military service of their nation during war.
The Secretary of State is hereby authorized and directed to cause to be constructed and maintained on the State Capitol grounds an appropriate monument to all the Arkansas veterans of the wars and military conflicts of the twentieth century after an appropriate design has been selected and when adequate funds for the construction thereof are deposited into the Arkansas Military War Veterans Monument Fund herein created.
1. There is hereby created the Arkansas Military War Veterans Monument Design Selection Committee. The design selection committee shall consist of six (6) members designated as follows:
  1. Five (5) members shall be Arkansas military war veterans from a war or conflict in the Twentieth Century and selected by the Secretary of State. He or she shall select at least one (1) member each representing the military war veterans of World War II, the Korean War, the Vietnam War, and the War in the Persian Gulf.
  2. One (1) member shall be the Secretary of State or his or her designee.
2. The design selection committee shall meet at such times as it shall determine to be necessary to select a design and site for the Arkansas Military War Veterans Monument. The monument shall be of such size and design to provide for a specific place of honor for the Arkansas war veterans of each of the specific twentieth-century conflicts.
3. The design and site selection shall be subject to the approval of the Capitol Zoning District Commission created under § 22-3-301 et seq.
4. The Secretary of State is hereby authorized to accept gifts, grants, and donations from individuals and organizations, to be deposited as trust funds into the Arkansas Military War Veterans Monument Fund which is hereby created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. All funds deposited into the Arkansas Military War Veterans Monument Fund shall be used exclusively for the purpose of constructing and erecting a monument in the memory and recognition of the military war veterans of the State of Arkansas.

History. Acts 1991, No. 1159, §§ 1-4.

A.C.R.C. Notes. This section was formerly codified as §§ 22-3-601 — 22-3-604.

22-3-220. Smoking in State Capitol Building prohibited.

Any person smoking any cigarette, cigar, pipe, or other tobacco product in the State Capitol Building shall be guilty of a violation punishable by a fine of twenty-five dollars ($25.00).

History. Acts 1997, No. 1323, § 1; 2000 (1st Ex. Sess.), No. 3, § 1; 2005, No. 1994, § 144.

Amendments. The 2000 amendment substituted “the State Capitol Building” for “the rotunda of the State Capitol Building or in the Governor's Conference Room, the Old Supreme Court Room, or the cafeteria in the State Capitol Building”.

The 2005 amendment substituted “violation” for “misdemeanor”.

22-3-221. Ten Commandments Monument Display Act.

This section shall be known and may be cited as the “Ten Commandments Monument Display Act”.
1. The Secretary of State shall permit and arrange for the placement on the State Capitol grounds of a suitable monument commemorating the Ten Commandments and containing the following text, which was displayed on the monument declared constitutional in Van Orden v. Perry, 545 U.S. 677 (2005):
2. 1. The Secretary of State shall arrange for the monument to be designed, constructed, and placed on the State Capitol grounds by private entities at no expense to the State of Arkansas.
  2. The monument shall be placed on the State Capitol grounds where there are other monuments.
3. The Secretary of State shall:
  1. Approve the design and site selection for the monument under this subsection; and
  2. Arrange a suitable time for its placement.
4. 1. Before approving the design and site selection for the monument under this subsection, the Secretary of State shall consult the Capitol Arts and Grounds Commission and obtain the commission's views on design and site selection.
  2. The monument under this subsection shall be exempt from § 22-3-301 et seq. and § 22-3-501 et seq.
In the event that 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. 1. Request that Liberty Legal Institute prepare and present a legal defense of the monument.
  2. A request that Liberty Legal Institute prepare and present a legal defense of the monument shall not be subject to § 25-16-702.
The placement of the monument under this section shall not be construed to mean that the State of Arkansas favors any particular religion or denomination over others.

“The Ten Commandments

I AM the LORD thy God.

Thou shalt have no other gods before me.

Thou shalt not make to thyself any graven images.

Thou shalt not take the Name of the Lord thy God in vain.

Remember the Sabbath day, to keep it holy.

Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.

Thou shalt not kill.

Thou shalt not commit adultery.

Thou shalt not steal.

Thou shalt not bear false witness against thy neighbor.

Thou shalt not covet thy neighbor's house.

Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor's.”.

History. Acts 2015, No. 1231, § 2.

A.C.R.C. Notes. Acts 2015, No. 1231, § 1, provided: “LEGISLATIVE FINDINGS.

The General Assembly finds that:

“(1) The Ten Commandments, found in the Bible at Exodus 20:1-17 and Deuteronomy 5:6-21, are an important component of the moral foundation of the laws and legal system of the United States of America and of the State of Arkansas;

“(2) The courts of the United States of America and of various states frequently cite the Ten Commandments in published decisions;

“(3) The Ten Commandments represent a philosophy of government held by many of the founders of this nation and by many Arkansans and other Americans today, that God has ordained civil government and has delegated limited authority to civil government, that God has limited the authority of civil government, and that God has endowed people with certain unalienable rights, including life, liberty, and the pursuit of happiness;

“(4) In order that they may understand and appreciate the basic principles of the American system of government, the people of the United States of America and of the State of Arkansas need to identify the Ten Commandments, one of many sources, as influencing the development of what has become modern law; and

“(5) The placing of a monument to the Ten Commandments on the grounds of the Arkansas State Capitol would help the people of the United States and of the State of Arkansas to know the Ten Commandments as the moral foundation of the law.”

22-3-222. Gold Star Family Memorial Monument Act.

This section shall be known and may be cited as the “Gold Star Family Memorial Monument Act”.
1. The Secretary of State shall permit and arrange for the placement on the State Capitol grounds of a monument commemorating Gold Star Families and containing the following text, or text similar to the following text, on an explanatory marker to be placed near or adjacent to the monument that explains the meaning of the monument:
2. The monument shall be placed on the State Capitol grounds where there are other monuments.
3. 1. The monument shall be designed and constructed in the manner recommended by the Hershel Woody Williams Medal of Honor Foundation, or in a manner similar to the design recommended by the Hershel Woody Williams Medal of Honor Foundation.
  2. The Secretary of State shall approve the design and site selection for the monument through consultation with the Capitol Arts and Grounds Commission.
The Secretary of State may accept gifts, grants, and donations from individuals and organizations, to be deposited as trust funds into the Gold Star Family Memorial Monument Fund.

“This monument is in tribute to and honors the families who have had a loved one who died while serving in the United States Armed Forces.

The first scene depicts their homeland: the United States of America.

The next scene is a father and a mother with a newborn baby: the families of our fallen heroes.

The next scene indicates the youth of the United States who volunteer to serve and protect us and give others a freedom they never knew.

The cutout of the missing person represents the sacrifice of life for peace and freedom.

The last scene depicts the families grieving the loss of loved ones who sacrificed their lives to preserve our rights, liberties, and the United States flag under which they served.”

History. Acts 2017, No. 281, § 2.

A.C.R.C. Notes. Acts 2017, No. 281, § 1, provided:

“Legislative findings. The General Assembly finds that:

“(1) The United States has numerous memorials and monuments giving honor to the patriots who have sacrificed and given their lives for our freedom and paying tribute to those who have faithfully served in the United States Armed Forces since the founding of our republic;

“(2) There is a group of our citizens especially to be honored, the families who have had a loved one who died while serving in the United States Armed Forces to protect our freedom and to give freedom to many who have never experienced it;

“(3) The Gold Star Family Memorial Monument honors those families who sacrificed more than most of us, and illustrates that the United States has citizens in every community willing to make such sacrifices;

“(4) The Gold Star Family Memorial Monument further illustrates that families suffer and grieve when a dear relative is lost, and without their sacrifices, freedom could not and would not have been preserved; and

“(5) The Gold Star Family Memorial Monument is appropriate for the placement on State Capitol grounds as a tribute to all the families who have had a loved one who died while serving in the United States Armed Forces.”

Subchapter 3 — Capitol Zoning District

Effective Dates. Acts 1975, No. 267, § 13: Feb. 25, 1975. Emergency clause provided: “The General Assembly hereby finds and declares that there is an urgent need to establish coordinated physical development in the Capitol area and to promote the uniform and appropriate regulation of this area. For the purpose of immediately developing a comprehensive master zoning plan the provisions of this act are necessary. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall be effective from and after its passage and approval.”

Acts 1993, No. 1223, § 21: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 1997, No. 262, § 5: Feb. 25, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the authority to hire the director and professional staff of the Capital Zoning District Commission is more germane to the Capital Zoning District Commission than Arkansas State Building Services; the present law vests that authority in State Building Services; that the efficient administration of government requires that the authority be transferred to the Capitol Zoning District Commission as soon as possible so that authority will be vested in the commission if necessary prior to the expiration of ninety (90) days after this regular session. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1350, § 48: July 1, 1997, except §§ 30, 31, 38, and 39, which became law without the Governor's signature. Noted Apr. 15, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-first General Assembly, that the appropriation and money provided in herein for the School for Mathematics and Sciences, College Station Community Center (Section 31) and the ability for the Department of Higher Eduacation to carry forward balances (Section 30) must be made available during the current fiscal year. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, Sections 38 and 39 of this Act (Math and Science Supplemental Appropriation and Funding), Section 30 (Higher Education Carryforward) and Section 31 (College Station Community Center) shall be in full force and effect from and after the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, those sections shall become effective on the expiration date of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, those sections shall become effective on the date the last house override the veto. The remaining sections of this Act shall become effective from and after July 1, 1997.”

Acts 2016, No. 228, § 7: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2016 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2016 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2016.”

22-3-301. Construction.

This subchapter shall be construed liberally. The enumeration of any object, purpose, method, manner, power, or thing shall not be deemed to exclude like or similar objects, purposes, methods, manners, powers, or things.
This subchapter shall be the complete and sole authority for the accomplishment of the purpose of the subchapter.

History. Acts 1975, No. 267, §§ 11, 12; A.S.A. 1947, §§ 5-244, 5-244n.

Case Notes

Application Denied.

Circuit court erred in reversing the decision of the Capitol Zoning District Commission because substantial evidence supported its decision to deny the homeowners' request to replace wooden steps with brick steps on the front of their historic residence; the commission exercised its discretion to deny the application in order to maintain the previously approved wooden porch steps, in keeping with the historical character and defining feature of the front porch of the house. Capitol Zoning Dist. Comm'n v. Humphrey, 2018 Ark. App. 311, 552 S.W.3d 20 (2018).

22-3-302. Purpose — Creation.

To promote the general welfare of the state with respect to the State Capitol and to promote the general welfare of the property owners of the area as described in this subchapter, an improvement and comprehensive community zoning district, to be called the “Capitol Zoning District”, is created, which district shall embrace all that portion of land situated in Little Rock, Pulaski County, State of Arkansas, within the following-described boundaries: Beginning at the point where the centerline of 10th Street intersects the eastern edge of the right-of-way of the Missouri Pacific and Rock Island Railroad Line, thence northeast along the southern boundary of that right-of-way to the point where the centerline of Cross Street, extended northeast, intersects that right-of-way, thence south along the centerline of Cross Street to the point where that line intersects the northern edge of the Wilbur Mills Freeway (I-630), surveyed by the Arkansas Department of Transportation, thence westward along the northern edge of the Wilbur Mills Freeway (I-630), as surveyed by the Arkansas Department of Transportation, to the point of the beginning.
1. In addition to the area described in subsection (a) of this section, the Capitol Zoning District also shall include an area surrounding the Governor's Mansion, which is located at 18th and Center Streets in the City of Little Rock, Pulaski County, Arkansas, within the following-described boundaries: Beginning at a point on the southwestern corner of 13th and Cumberland Streets, in the City of Little Rock, Pulaski County, Arkansas, proceeding south along the western side of Cumberland Street to the northwest corner of 16th and Cumberland Streets, and then proceeding west along the northern boundary of 16th Street to a point where the centerline of the alleyway between Scott and Cumberland Streets, extended northward, intersects that northern boundary, thence, south along the centerline of the alleyway, or an imaginary line bisecting the blocks between Cumberland and Scott Streets, to the southern boundary of 22nd Street, and thence west along that southern boundary to a point where an imaginary line bisecting the block between Scott and Main Streets intersects that southern boundary, thence south along that imaginary line to a point where the centerline of Roosevelt Road extended eastward intersects that imaginary line, then west along the centerline of Roosevelt Road to the centerline of Chester Street, thence north along the centerline of Chester Street to the centerline of 20th Street, thence east along the centerline of 20th Street, to a point where the centerline of the alleyway between Gaines and State Streets intersects the centerline of 20th Street, thence north along the centerline of the alleyway, or an imaginary line bisecting the blocks between Gaines and State Streets, to a point where that centerline intersects the southern boundary of 13th Street, thence east along the southern boundary of 13th Street to the point of the beginning.
2. In addition, the Capitol Zoning District may in the future be further extended by a two-thirds (2/3) vote of the Capitol Zoning District Commission to include the area in the following-described boundaries: Beginning at the centerline of Chester Street where it intersects with the centerline of 20th Street proceeding north along the centerline of Chester Street to I-630; thence east along the southern boundary of I-630 to the intersection of the centerline of Commerce Street; thence south along the centerline of Commerce Street to a point where it intersects the centerline of 24th Street; thence east along the centerline of 24th Street to I-30; thence south along the western boundary of I-30 to the intersection of the centerline of Roosevelt Road; and thence west along the centerline of Roosevelt Road to the point of intersection with the imaginary line that bisects the block between Scott and Main Streets.

History. Acts 1975, No. 267, § 2; 1979, No. 917, § 2; A.S.A. 1947, § 5-236; Acts 2001, No. 1798, § 1; 2017, No. 707, § 79.

Amendments. The 2001 amendment, in (b)(1), substituted “also shall include,” for “shall also include,” substituted “Roosevelt Road” for “23rd Street,” inserted “to the centerline … of 20th Street,” and substituted “20th” for “23rd”; and added (b)(2) and made related changes.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” twice in (a).

22-3-303. Capitol Zoning District Commission.

There is created and established at the seat of government a commission to be known as the “Capitol Zoning District Commission”.
The commission shall have nine (9) members, as follows:
1. The Governor, or his or her designee, who shall be chair;
2. The Secretary of State, or his or her designee;
3. Four (4) resident electors of this state, to be designated by the Governor and who shall serve three-year terms, one (1) of whom shall be a black;
4. The director of the city planning staff of the City of Little Rock, or his or her designee;
5. One (1) resident elector of this state who shall be a resident of and an owner of property within the Governor's Mansion area of the Capitol Zoning District, to be designated by the Governor, and who shall serve a three-year term; and
6. One (1) resident elector of this state who shall be an owner of property or the designee of an owner of property within the State Capitol area of the Capitol Zoning District, to be designated by the Governor, and who shall serve a three-year term.
The Director of the Capitol Zoning District Commission shall serve as the disbursing officer for the commission.
Members of the commission shall receive no pay for their services, but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
1. The commission is authorized to employ a director in consultation with the Secretary of the Department of Parks, Heritage, and Tourism and within legislative appropriation.
2. The commission shall have the authority to enter into contracts of any lawful nature, and to do any and all acts necessary to effect the purposes of this subchapter.

History. Acts 1975, No. 267, § 1; 1979, No. 917, § 1; A.S.A. 1947, § 5-235; Acts 1989, No. 787, § 1; 1993, No. 1223, § 5; 1993, No. 1265, § 1; 1997, No. 250, § 215; 1997, No. 262, § 1; 1997, No. 1350, § 37; 1999, No. 1508, § 7; 2019, No. 910, § 5680.

Amendments. The 1999 amendment repealed the version of this section as amended by Acts 1997, No. 262.

The 2019 amendment substituted “in consultation with the Secretary of the Department of Parks, Heritage, and Tourism” for “and such other staff as the commission deems appropriate” in (e)(1).

22-3-304. Zoning authority of Capitol Zoning District Commission.

The Capitol Zoning District Commission is authorized broad scope in its zoning authority to include, but not be limited to, the following:

Restrictions on the height, number of stories, and size of buildings;
Percentage of lots that may be occupied;
Use of structures and land;
Population density;
Amount of open space;
Parking areas; and
Restriction of noisy and polluting processes or those endangering the health and safety of the citizens of the zoning district.

History. Acts 1975, No. 267, § 8; A.S.A. 1947, § 5-242.

22-3-305. Master plan.

The Capitol Zoning District Commission, using professional and technical assistance as it deems necessary, shall make, adopt, maintain, and revise, from time to time, an official master comprehensive plan for the Capitol Zoning District for the purpose of bringing about coordinated physical development in accordance with the present and future needs of the district.
The master plan will be developed so as to preserve the dignity of the Capitol Building and Governor's Mansion, ensure efficient expenditure of public funds, and promote the safety, convenience, and general well-being of the district's inhabitants and property owners.
The master plan should include, among other things, rules relative to the location and character of roads and other transportation routes, utility services, parks, buildings, and other construction within the district.
The commission may adopt the plan in whole or in part and may subsequently amend the adopted plan in whole or in part.
After the adoption of the master comprehensive plan, the commission shall file a copy with the office of the Secretary of State for the inspection of the public.

History. Acts 1975, No. 267, § 3; A.S.A. 1947, § 5-237; Acts 2019, No. 315, § 2347.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (c).

22-3-306. Authority of Capitol Zoning District Commission over property within Capitol Zoning District — Permits.

After the adoption of the comprehensive master zoning plan, the Capitol Zoning District Commission shall have exclusive authority over the zoning and regulation of the utilization of all property within the Capitol Zoning District, and no planning or zoning authority or jurisdiction of any subdivision of the state shall have any zoning or control authority except as agreed upon by the commission.
1. After the adoption by the commission of the comprehensive master zoning plan, the commission shall have the authority to approve or disapprove the location and design of any improvements to be placed upon any land within the district, and no improvements shall be placed upon any land within the district unless the design and proposed location shall be approved by the commission.
2. Such improvements shall include, but not be limited to, buildings, including additions and alterations, parking lots and facilities, and all other construction whatsoever, except that the word “improvements” shall not include existing streets, alleys, or utilities and shall not include maintenance, service, or improvement thereof.
After the adoption by the commission of the comprehensive master zoning plan, no improvement of any nature nor any change of land use shall commence within the district without a permit issued by the commission.
Within the district, a legally existing use, building, or structure that exists at the time of the adoption of the plans and rules authorized by this subchapter, but not in conformity with such plans and rules, may be continued but shall not be extended or structurally altered without the approval of the commission.

History. Acts 1975, No. 267, § 5; A.S.A. 1947, § 5-239; Acts 2019, No. 315, § 2348.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (d) twice.

Case Notes

Fences.

There was substantial evidence to support the Capitol Zoning District Commission's decision denying a property owner's application to install a 48-inch-high fence. The owner's property was one of the most historic residences in all of Arkansas, and surrounding properties traditionally had fences at or under 40 inches in height. Capitol Zoning Dist. Comm'n v. Cowan, 2012 Ark. App. 619, 429 S.W.3d 267 (2012).

Porch Steps.

22-3-307. Adoption of rules by Capitol Zoning District Commission.

The Capitol Zoning District Commission shall have the power and authority to prescribe such rules concerning procedure before it and concerning the exercise of its functions and duties as it shall deem proper.
Prior to the adoption of any zoning rules or amendments thereto, the commission shall hold a public hearing thereon pursuant to the rules of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 1975, No. 267, § 5; A.S.A. 1947, § 5-239; Acts 2019, No. 315, § 2349.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in (a); and substituted “rules” for “regulations” in (b) twice.

22-3-308. Coordination by Capitol Zoning District Commission with other agencies.

The Capitol Zoning District Commission is authorized and encouraged to coordinate the comprehensive master zoning plan, to the greatest extent it deems practical, with city, county, and other area planning agencies.
1. Subject to the requirements of due process and consistent with any applicable federal restrictions and regulations as in effect on January 1, 2013, the commission may enter into agreements with the City of Little Rock providing for mutual cooperation and joint regulation within the Capitol Zoning District with respect to:
  1. Planning and zoning;
  2. Permission to build upon or otherwise use land;
  3. Enforcement through stop work orders, citations, fines, and inspection to ensure compliance of building, safety, zoning, and health codes; and
  4. Other matters within the jurisdiction of the commission.
2. 1. Except to the extent enforcement by the City of Little Rock is authorized in this section, an agreement under subdivision (b)(1) of this section between the City of Little Rock and the commission does not cede the commission's final authority and responsibility over the matters entrusted to it by law.
  2. All enforcement actions undertaken by the City of Little Rock under this section shall require authorization by the commission prior to the commencement of the enforcement action.
3. 1. A violation of the commission's rules is enforceable in Little Rock District Court in the same manner as the enforcement of a violation of a municipal ordinance.
  2. Subdivision (b)(3)(A) of this section applies only to violations that occur on or after August 16, 2013, and does not apply to work in place prior to August 16, 2013.

History. Acts 1975, No. 267, § 4; A.S.A. 1947, § 5-238; Acts 2011, No. 520, § 1; 2013, No. 1338, § 1; 2019, No. 315, § 2350.

Amendments. The 2011 amendment, in (b)(1), inserted “Subject to the requirements of due process and consistent with any applicable federal restrictions and regulations as in effect on January 1, 2011, the” at the beginning, “through stop work orders, citations, fines, and inspection to ensure compliance,” and “zoning,” and deleted “and inspection to ensure compliance therewith” following “health codes”; and substituted “An agreement under subdivision (b)(1) of this section” for “Such agreements” in (b)(2).

The 2013 amendment, in (b)(1), substituted “2013” for “2011” and added (A) through (D) subdivision designations; added (2)(A) designation; inserted “Except to the extent enforcement by the City of Little Rock is authorized in this section” in (2)(A); and added (2)(B) and (3).

The 2019 amendment substituted “rules” for “regulations” in (b)(3)(A).

22-3-309. Capitol Zoning District Commission's power to institute and defend legal actions.

The Capitol Zoning District Commission shall constitute a body corporate for purposes of instituting and defending litigation to enforce its rules, decisions, and orders; and it may, in its name, institute or defend actions in its own behalf, or in behalf of the owner or owners of any property within the district, to enjoin any breach or violation thereof.
No bond shall be required of the Capitol Zoning District Commission in any action for the issuance of any temporary or permanent order, or on an appeal.
The Attorney General shall be the legal adviser to the Capitol Zoning District Commission in the same capacity as he or she is to other boards and commissions.

History. Acts 1975, No. 267, § 6; A.S.A. 1947, § 5-240; Acts 2019, No. 315, § 2351.

Amendments. The 2019 amendment deleted “regulations” following “rules” in (a).

22-3-310. Appeal of Capitol Zoning District Commission action.

1. 1. Any person aggrieved by any rule, decision, or order of the Capitol Zoning District Commission may appeal the action to the Secretary of the Department of Parks, Heritage, and Tourism.
  2. The secretary shall overturn the decision of the commission upon a finding that the commission's decision is clearly erroneous.
2. 1. The decision of the secretary may be appealed to the Pulaski County Circuit Court.
  2. The commission and the secretary shall provide the Pulaski County Circuit Court with a record of all proceedings concerning the action on appeal.
  3. The Pulaski County Circuit Court shall review the appeal of the secretary's decision de novo.
The filing of an appeal shall in no respect suspend the operation of any rule, decision, or order, nor shall the secretary or the Pulaski County Circuit Court order any suspension without a full hearing.
This section does not preclude enforcement of the commission's rules by the City of Little Rock in Little Rock District Court under an agreement with the commission under § 22-3-308.

History. Acts 1975, No. 267, § 7; A.S.A. 1947, § 5-241; Acts 2013, No. 1338, § 2; 2016, No. 228, § 4; 2019, No. 315, §§ 2352, 2353; 2019, No. 910, § 5681.

Amendments. The 2013 amendment added (c).

The 2016 amendment rewrote (a); and inserted “director or the” in (b).

The 2019 amendment by No. 315 deleted “regulation” following “rule” in (a)(1)(A) and (b); and substituted “rules” for “regulations” in (c).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Arkansas Heritage” in (a)(1)(A).

22-3-311. Report by Capitol Zoning District Commission to Legislative Council.

The Capitol Zoning District Commission shall submit a written summary of its actions and progress to the Legislative Council as requested by the Legislative Council.

History. Acts 1975, No. 267, § 9; A.S.A. 1947, § 5-243.

22-3-312. Sale of property within Capitol Zoning District — Notice.

A person who sells real property within the Capitol Zoning District shall notify the purchaser that the real property is within the district and shall provide the purchaser with a summary of the Capital Zoning District Commission's restrictions on property in the district and the duties and responsibilities of owners of property in the district.
The summary required by this section shall be prepared by the commission.

History. Acts 1993, No. 1265, § 2.

22-3-313. [Repealed.]

Publisher's Notes. This section, concerning transfer of powers to the Capitol Zoning District Commission, was repealed by Acts 2019, No. 910, § 6183, effective July 1, 2019. The section was derived from Acts 1997, No. 1350, § 35.

Subchapter 4 — Capitol Parking Control

Effective Dates. Acts 1989, No. 468, § 7: Mar. 10, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the present laws protection of the State Capitol grounds is inadequate; that this act is designed to maintain proper order and decorum, prevent unlawful assemblies, exclude and eject persons detrimental to the well-being of the State Capitol grounds and regulate the operation and parking of motor vehicles in the Capitol Zoning District and that this law should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

22-3-401. Purpose.

The purpose of this subchapter is to establish a system of traffic control and parking rules governing the drives and parking areas on the State Capitol grounds and other drives and parking areas in the custody of or leased by the Secretary of State or the Building Authority Division.
In enacting this subchapter, the General Assembly is cognizant of the fact that increased traffic and crowded parking conditions on the State Capitol grounds make it imperative that a system of traffic and parking control be established in order that it might be more convenient for the public to have access to the agencies of government located on the State Capitol grounds and to other buildings in the custody of or leased by the Secretary of State or the division.

History. Acts 1983, No. 721, § 1; A.S.A. 1947, § 5-249; Acts 2019, No. 315, § 2354; 2019, No. 910, § 6184.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a).

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

22-3-402. Definition.

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

History. Acts 1983, No. 721, § 2; A.S.A. 1947, § 5-250.

22-3-403. Penalty.

Any person, including an employee of the State of Arkansas, found guilty of violating the provisions of this subchapter or the traffic and parking rules of the Capitol Parking Control Committee shall be guilty of a misdemeanor and upon conviction shall be fined in an amount of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).
All fines which may be collected on account of violation of this subchapter shall be paid into the State Treasury and placed to the credit of the State Capitol Police.

History. Acts 1983, No. 721, § 7; A.S.A. 1947, § 5-255; Acts 1989, No. 468, § 2; 2019, No. 315, § 2355.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a).

22-3-404. Enforcement.

In order that the provisions of this subchapter might be enforced, the Director of the Division of Arkansas State Police may assign one (1) state police officer or more to the State Capitol and its grounds, which may include assignments for sessions of the General Assembly, and the Secretary of State is directed to assign one (1) State Capitol Police officer or more. It shall be the responsibility of the Secretary of State to assure that at least one (1) certified law enforcement officer is on duty on the State Capitol grounds twenty-four (24) hours per day, seven (7) days per week.
Each State Capitol Police officer so assigned is authorized to issue, upon determining a violation, a uniform traffic citation that shall be returnable in the Pulaski County District Court.

History. Acts 1983, No. 721, § 6; A.S.A. 1947, § 5-254; Acts 1989, No. 468, § 3; 2001, No. 1697, § 19; 2019, No. 910, § 6024.

Amendments. The 2001 amendment rewrote this section.

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a).

22-3-405. Capitol Parking Control Committee — Creation — Members — Meetings.

There is created a committee to be known as the “Capitol Parking Control Committee”, hereinafter referred to as “the committee”, which shall have the powers and duties provided in § 22-3-406.
The committee shall be composed of three (3) members, as follows:
1. The Secretary of State or a designee;
2. The Secretary of the Department of Transformation and Shared Services or his or her designee; and
3. A state employee designated by the Secretary of State who is employed on the State Capitol grounds in a position of administrator or higher by an agency or office other than that of the Secretary of State or of the Building Authority Division.
The Secretary of State shall be the chair of the committee, and the Secretary of the Department of Transformation and Shared Services or his or her designee shall serve as secretary of the committee.
Members of the committee shall serve without additional pay or compensation.
Meetings of the committee shall be held at such times and places as shall be directed by the chair or upon the petition of two (2) members of the committee.

History. Acts 1983, No. 721, § 3; A.S.A. 1947, § 5-251; Acts 2003, No. 364, § 14; 2015 (1st Ex. Sess.), No. 7, § 39; 2015 (1st Ex. Sess.), No. 8, § 39; 2019, No. 910, §§ 6185, 6186.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2003 amendment inserted “or a designee” in (b)(1); substituted “Arkansas Building Authority or a designee” for “State Building Services” in (b)(2); and substituted “authority” for “State Building Services” in (b)(3).

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Department of Finance and Administration or his or her” for "Arkansas Building Authority or a" in (b)(2); substituted “Building Authority Division of the Department of Finance and Administration” for “authority” in (b)(2); and substituted “Department of Finance and Administration or his or her designee” for “Arkansas Building Authority” in (c).

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (b)(2) and (c); deleted “of the Department of Finance and Administration” following “Building Authority Division” in (b)(3); and added “of the committee” at the end of (c).

22-3-406. Capitol Parking Control Committee — Powers and duties.

Upon the passage of this subchapter, the Capitol Parking Control Committee shall proceed to study the traffic conditions on the drives of the State Capitol grounds and shall make a study of the existing and anticipated needs for parking space on the State Capitol grounds and other parking lots and drives leased by or in the custody of the Secretary of State or the Building Authority Division. Upon completion of the study, the committee shall establish rules and shall amend or change them from time to time as deemed necessary in the following manner:

Establish maximum speed limits for motor vehicles traveling upon the regulated streets and drives;
Direct the flow of traffic on the regulated streets and drives;
Prohibit the parking, during normal business hours, of motor vehicles on the regulated streets and drives;
Establish or assign parking spaces that shall be available for use as designated by the various offices or persons working in the State Capitol Building or in any of the other buildings on the State Capitol grounds and regulate parking by elected officials in the spaces set aside for that purpose; and
Do all other things reasonable and necessary to properly regulate and control the flow of traffic on the State Capitol grounds and to provide parking facilities for use by the public on the grounds.

History. Acts 1983, No. 721, § 4; A.S.A. 1947, § 5-252; Acts 2015 (1st Ex. Sess.), No. 7, § 40; 2015 (1st Ex. Sess.), No. 8, § 40; 2019, No. 315, § 2356; 2019, No. 910, § 6187.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. In reference to the term “passage of this subchapter,” Acts 1983, No. 721, was signed by the Governor on March 23, 1983, and took effect on July 4, 1983.

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the second sentence of the introductory language.

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” following “Building Authority Division” in the first sentence of the introductory language.

22-3-407. Additional parking areas.

In order to provide additional parking facilities on the State Capitol grounds, the Capitol Parking Control Committee is authorized and directed to study the needs for additional parking space and shall designate one (1) or more areas to be developed as appropriate parking areas.
Additional parking areas shall be of sufficient size to accommodate a minimum of forty (40) motor vehicles and shall be of such larger size as the committee may deem necessary for adequate parking on the State Capitol grounds.
Upon designating an area to be developed as a parking area on the State Capitol grounds, the committee shall certify the area designation to the State Highway Commission.
Upon receiving the certification, the commission shall proceed to prepare necessary plans and specifications for the parking area and shall let a contract for the work and pay for the work out of the Arkansas Department of Transportation construction funds or shall perform the work out of the department maintenance appropriation.

History. Acts 1983, No. 721, § 8; A.S.A. 1947, § 5-256; Acts 2017, No. 707, § 80.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (d).

22-3-408. Information on motor vehicles of state employees.

Upon forms prescribed by the Capitol Parking Control Committee, each administrative head of the departments and agencies of state government located in the State Capitol Building and upon the State Capitol grounds shall annually obtain information from each of his or her respective employees as to the make, model, and current license number of the motor vehicles owned by the employees and shall furnish the information to the secretary of the committee at such times as directed by the committee.

History. Acts 1983, No. 721, § 5; A.S.A. 1947, § 5-253.

Subchapter 5 — Capitol Arts and Grounds Commission

Effective Dates. Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1508, § 19: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that this act makes various technical corrections in the Arkansas Code; that this act further clarifies the law to provide that the Arkansas Code Revision Commission may correct errors resulting from enactments of prior sessions; and that this act should go into effect immediately in order to be applicable during the codification process of the enactments of this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2017, No. 274, § 2: Feb. 22, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that legislative oversight should be provided for the construction of a monument on State Capitol grounds or the removal of a monument from the State Capitol grounds; that legislative oversight is currently only provided after a monument's construction or removal is approved by the Capitol Arts and Grounds Commission; and that this act is immediately necessary because it ensures that the General Assembly have proper oversight of monuments on State Capitol grounds. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

22-3-501. Definitions.

As used in this subchapter:

“Project” means expenditures for capital construction or for capital improvements, including landscaping on the State Capitol grounds, but shall not include:
1. Renovations, improvements, or remodeling within the interior of structures now existing on the State Capitol grounds;
2. 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
3. Individual plantings within an established landscaping plan that do not alter the overall plan concept;
“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;
“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
1. “State Capitol grounds” means all land, parking areas, and streets which are under the jurisdiction of the Secretary of State.
2. 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.

History. Acts 1987, No. 665, §§ 3, 5; 1997, No. 1043, § 1; 2005, No. 1379, § 1.

Amendments. The 2005 amendment, in (2), deleted former (A)-(C), (E)-(G), and deleted the former subdivision (D) designation.

22-3-502. Creation — Members, etc.

1. There is created a Capitol Arts and Grounds Commission.
2. The commission shall be composed of ten (10) members as follows:
  1. The Governor or a designee;
  2. The Secretary of State or a designee who shall serve as the commission chair;
  3. The Director of the Arkansas Historic Preservation Program;
  4. The Secretary of the Department of Parks, Heritage, and Tourism;
  5. One (1) landscape architect in this state, to be named by the Secretary of State from a list of three (3) names submitted to him or her by the Arkansas Chapter of the American Society of Landscape Architects;
  6. One (1) licensed architect in this state, to be named by the Secretary of State from a list of three (3) names submitted to him or her by the Arkansas Chapter of the American Institute of Architects;
  7. Two (2) citizen members at large, to be appointed by the Secretary of State, who shall serve four-year terms; and
  8. The President Pro Tempore of the Senate shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission, and the Speaker of the House of Representatives shall appoint one (1) nonlegislator to serve at his or her pleasure as a member of the commission.
Members of the commission shall serve without pay, but they shall be reimbursed by funds of the Secretary of State for reasonable and necessary expenses in attending commission meetings and in the performance of duties of the commission if funds are provided for the reimbursement in accordance with the rate prescribed for state employees in state travel rules.
1. The commission shall meet on the call of the chair or on written request by any four (4) of its members.
2. A majority vote of the voting members of the commission shall be necessary for the adoption of any action by the commission.
1. The terms of office of the members of the commission appointed by the Secretary of State shall be four (4) years.
2. 1. 1. Within ninety (90) days prior to the expiration of the term of office of each professional member, the American Society of Landscape Architects may submit to the Secretary of State a list of three (3) names of licensed landscape architects for each position for which a term expires.
    2. Within ninety (90) days prior to the expiration of the term of office of each professional member, the American Institute of Architects may submit to the Secretary of State a list of three (3) names of licensed architects for each position for which a term expires.
  2. Appointments expire June 30.

History. Acts 1987, No. 665, §§ 1, 2; 1997, No. 250, § 216; 1997, No. 1043, § 2; 1997, No. 1354, § 40; 1999, No. 1264, §§ 1, 2; 1999, No. 1508, § 7; 2001, No. 1288, §§ 20, 21; 2005, No. 1379, § 2; 2019, No. 315, § 2357; 2019, No. 910, § 5682.

Publisher's Notes. Acts 1987, No. 665, § 2, provided, in part, that the appointive members shall be designated by the Governor so that the term of one member will expire on January 15, 1989, and the term of the other shall terminate on January 15, 1991, and their successors shall be appointed for terms of four years.

This section may be affected by the enactment of Acts 1995, No. 1211, codified as § 25-16-901 et seq.

Amendments. The 1999 amendment by No. 1264 repealed the version of this section as amended by Acts 1997, No. 250; and rewrote this section.

The 1999 amendment by No. 1508 repealed the version of this section as amended by Acts 1997, No. 250.

The 2001 amendment inserted “to serve at his or her pleasure” following “nonlegislator” throughout (a)(2)(J) and made minor punctuation changes; and, in (d)(1), deleted “six (6) appointive” preceding “members” and inserted “appointed … State” following “commission.”

The 2005 amendment substituted “ten (10)” for “fifteen (15)” in (a)(2); deleted “and an ex officio member” from the end of (a)(2)(B); deleted former (a)(2)(E) and (H) and redesignated the remaining subdivisions accordingly; substituted “Two (2)” for “Four (4)” in present (a)(2)(G); deleted “at least two (2) times a year or” following “shall meet” in (c)(1); and deleted “Governor and the” preceding “Secretary” in (d)(1).

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a)(2)(D).

22-3-503. Powers and duties.

The Capitol Arts and Grounds Commission shall have the following powers and duties:
1. To recommend the acquisition of land for such expansion of the State Capitol grounds as may be required to meet the needs of state agencies;
2. To review and recommend to the Secretary of State on the location of monuments, memorials, fountains, and similar improvements on the State Capitol grounds or for the relocation of existing monuments, memorials, and fountains on the State Capitol grounds;
3. To review any permanent statue, statuary, fountain, monument, or memorial tablet to be erected in the public areas of the State Capitol Building or on its grounds for compliance with the adopted plan; and
4. To review proposed actions of the Secretary of State under § 1-4-134 regarding the design, material, production, and method of display of the statue representing Daisy Lee Gatson Bates under § 1-4-134(d)(1) or the statue representing John R. “Johnny” Cash under § 1-4-134(d)(2), or both.
The commission shall have the right to accept donations in money, pictures, paintings, statuary fountains, and memorial tablets on behalf of the state for the State Capitol Building. In cases of money donations, the commission shall have the right to expend the money in decorations, either in the building or on the grounds thereof. To that end, the commission may make all necessary contracts for the expenditure of the funds.
1. A monument shall not be constructed on or removed from the State Capitol grounds unless authorized by an act of the General Assembly.
2. The commission shall not consider the construction of a monument on the State Capitol grounds or the removal of a monument from the State Capitol grounds without legislative authorization under subdivision (c)(1) of this section.

History. Acts 1987, No. 665, § 4; 1989, No. 880, § 1; 1997, No. 1043, § 3; 2005, No. 1379, § 3; 2017, No. 274, § 1; 2019, No. 1068, § 2.

A.C.R.C. Notes. Acts 2019, No. 1068, § 4, provided: “Rules.

“(a) The Secretary of State may promulgate rules necessary to implement this act.

“(b)(1) If adopting necessary initial rules to implement this act, a final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):

“(A) On or before March 1, 2020; or

“(B) If approval under § 10-3-309 has not occurred by March 1, 2020, as soon as practicable after approval under § 10-3-309.

“(2) The Secretary of State shall file any necessary proposed rules with the Legislative Council under § 10-3-309 sufficiently in advance of March 1, 2020, so that the Legislative Council may consider the rule for approval before March 1, 2020”.

Amendments. The 2005 amendment, in (a), deleted former (1), (2), (4) and (7) and redesignated the remaining subdivisions accordingly; deleted former (c); and redesignated former (d) as present (c).

The 2017 amendment rewrote (c).

The 2019 amendment added (a)(4).

22-3-504. Requests — Contents, hearings, etc.

Before any state agency shall undertake a capital improvement project, as defined in § 22-3-501, on the State Capitol grounds, a request shall be filed with the Capitol Arts and Grounds Commission for its review of the proposed project.
The Capitol Arts and Grounds Commission may require that the requests include:
1. Architectural and landscaping plans, if appropriate, for the project;
2. Sufficient information to demonstrate compliance with applicable standards for development; and
3. Sufficient information to demonstrate consistency of the project with zoning rules of the Capitol Zoning District Commission.
Upon receipt of a request for review of a project, the Capitol Arts and Grounds Commission shall hold a public meeting for the purpose of obtaining the views of the public on the proposed project. Notices of meetings shall be mailed to interested persons, either by separate notice or by inclusion on the Capitol Arts and Grounds Commission's meeting agenda, at least ten (10) days in advance of the meeting.
If, upon review of the request for review of the project, the Capitol Arts and Grounds Commission believes that more information relating to the project is required, the Capitol Arts and Grounds Commission may postpone action on the request and may ask the requesting agency or the Capitol Arts and Grounds Commission staff to provide additional information.
If the Capitol Arts and Grounds Commission determines that the proposed project is in the best interest of the use of space on the State Capitol grounds, the Capitol Arts and Grounds Commission may give favorable advice.
No state agency shall undertake a capital improvement project, as defined in § 22-3-501, on the State Capitol grounds unless the project is first submitted to and approved by the General Assembly.

History. Acts 1987, No. 665, § 6; 1989, No. 880, § 2; 1997, No. 1043, § 4; 2005, No. 1379, § 4; 2019, No. 315, § 2358.

Amendments. The 2005 amendment inserted “and” at the end of (b)(2); deleted former (b)(3); redesignated former (b)(4) as present (b)(3); and deleted “consistent with the Capitol Master Plan and with Capitol Zoning District Commission regulations and is” following “proposed project is” in (e).

The 2019 amendment substituted “rules” for “regulations” in (b)(3).

Subchapter 6 — Twentieth Century War Veterans Monument

22-3-601 — 22-3-604. [Transferred.]

A.C.R.C. Notes. This subchapter has been renumbered as § 22-3-219.

Subchapter 7

[Reserved.]

Subchapter 8 — Governor's Mansion

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

Preambles. Acts 1953, No. 289, contained a preamble which read:

“Whereas, by reason of his position as Chief Executive of the State, it is necessary for the Governor to use the Governor's Mansion as a place of residence and entertainment for visiting dignitaries from without the state; and

“Whereas, it is often necessary for the Governor to spend relatively large sums of money in the purchase of food for such dignitaries and public officials and others who are called upon to assist in providing entertainment; and

“Whereas, the General Assembly has adopted the policy through the enactment of appropriation measures to provide for the maintenance of the Mansion and the Mansion Grounds; and

“Whereas, it appears that the best interests of the state will be served by providing that the maintenance appropriation for the Governor's Mansion be withdrawn by the Governor in equal monthly installments to be used by him for the payment of all expenses of upkeep of the Governor's Mansion and Grounds;

“Now therefore….”

Effective Dates. Acts 1883, No. 128, § 5: effective on passage.

Acts 1953, No. 289, § 3: approved Mar. 11, 1953. Emergency clause provided: “Because of the unusually large amount of expense involved and the short time within which the Governor had to prepare for the inauguration, and due to the pressure of business as a result of the convening of the General Assembly, it has been impossible for the Governor to account for all items of expense in the operation of the Governor's Mansion, and for such reasons the Governor shall withdraw from the maintenance appropriation account the proportionate monthly allotment, effective as of January 13, 1953, taking into consideration, however, all vouchers heretofore issued. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage.”

Acts 1973, No. 203, § 7: Mar. 2, 1973; Acts 1973, No. 400, § 7: Mar. 20, 1973. Emergency clauses provided: “The General Assembly finds that the Governor's Mansion is in immediate need of repair and renovation, and that the immediate assistance of the Commission created hereby is necessary in aid of such improvements. Accordingly, an emergency is declared to exist, and this act, being necessary for the public peace, health, and safety, shall be effective immediately upon its passage and approval.”

Acts 1992 (2nd Ex. Sess.), No. 1, § 6: Dec. 18, 1992. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly meeting in Second Extraordinary Session, that the Governor of the State of Arkansas has been elected to serve as President of the United States of America and will be sworn into that office on January 20, 1993; and that the State Supreme Court has determined the lawful succession to fill the office of Governor when it is vacant; and that the urgent problems confronting the State require the prompt and orderly implementation of this succession (which does not involve the habitation of the Mansion); and that his continued residence in the Governor's Mansion is necessary to provide for a smooth and effective transition between governors. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

22-3-801. State to provide mansion.

The State of Arkansas shall furnish to its governors a mansion in which to reside during their respective terms of office.
With the approval of the Governor, a former Governor may reside in the mansion for a period not exceeding forty-five (45) days after the date on which he or she ceases to be Governor.
With the approval of the Governor, a Governor-elect may reside in the mansion for a period not exceeding forty-five (45) days before the date on which he or she becomes Governor.

History. Acts 1883, No. 128, § 1, p. 310; C. & M. Dig., § 4388; Pope's Dig., § 5403; A.S.A. 1947, § 12-303; Acts 1992 (2nd Ex. Sess.), No. 1, § 1.

Cross References. Security for mansion and grounds, § 12-8-108.

22-3-802. Maintenance — Use of appropriations.

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.
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.

History. Acts 1953, No. 289, § 1; A.S.A. 1947, § 12-306; Acts 1992 (2nd Ex. Sess.), No. 1, § 2.

22-3-803. Payrolls, purchase of equipment, and major repairs.

Payrolls, the purchase of equipment, and the expenses resulting from major repairs to the Governor's Mansion shall be paid upon vouchers issued in the normal course and shall be subject to applicable laws of the state as in the instance of the operation of the Governor's office.

History. Acts 1953, No. 289, § 2; A.S.A. 1947, § 12-307.

22-3-804. Arkansas Governor's Mansion Commission — Creation, members, and proceedings.

1. There is created the Arkansas Governor's Mansion Commission to be composed of nine (9) members.
2. 1. Eight (8) of the members shall:
    1. Be appointed by the Governor; and
    2. Serve at the pleasure of the Governor.
  2. Each congressional district shall be represented by membership on the commission.
3. The Secretary of the Department of Parks, Heritage, and Tourism or his or her designee shall serve as an ex officio voting member of the commission.
The Governor shall designate one (1) member of the commission as chair.
If a vacancy occurs by reason of resignation or otherwise, the Governor shall appoint a member to fill that vacancy.
The members of the commission shall receive no salary or other compensation for their services except that members appointed by the Governor may receive expense reimbursement in accordance with § 25-16-901 et seq. for attending meetings of the commission.
Meetings of the commission may be called by the chair or the Governor upon at least three (3) days' written notice to the other members of the commission, to the Governor, and to the members of the Mansion Advisory Council created by § 22-3-806.
The commission shall meet at least one (1) time each year.

History. Acts 1973, No. 203, §§ 1-4; 1973, No. 400, §§ 1-4; A.S.A. 1947, §§ 12-313 — 12-316; Acts 1997, No. 250, § 217; 1997, No. 1113, § 1; 2016 (3rd Ex. Sess.), No. 2, § 85; 2016 (3rd Ex. Sess.), No. 3, § 85; 2019, No. 910, § 5683.

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 126, provided:

“(a) Except as provided in this section, provisions of this act altering the appointment structure of a task force, commission, committee, or other governmental entity shall not shorten the term of any member of the task force, commission, committee, or other governmental entity but shall be implemented by the filling of vacancies.

“(b) The Governor may remove a member of the Arkansas Governor's Mansion Commission who was appointed to the commission before the effective date [May 23, 2016] of Section 85 of this act.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 rewrote the section.

The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism or his or her designee” for “Director of the Department of Arkansas Heritage” in (a)(3).

22-3-805. Arkansas Governor's Mansion Commission — Powers and duties.

The Arkansas Governor's Mansion Commission shall have the following powers and duties:
1. To survey and investigate the condition of the Governor's Mansion, its appurtenant buildings, its grounds, and its contents, including furniture and fixtures;
2. To prepare and file with the Governor and the Legislative Council an annual Governor's Mansion report, to be filed on or before November 1 of each year, summarizing the results of the commission's surveys and investigations made under subdivision (a)(1) of this section and recommending any necessary repairs, improvements, replacements, or reconstruction of the Governor's Mansion, its appurtenant buildings, grounds, and contents, together with an itemized and detailed estimate of the costs thereof; and
3. 1. To solicit and accept gifts, grants, or donations of or for the purchase of furnishings, fixtures, works of art, trees, shrubs, landscaping, and similar contents and appurtenances.
  2. However, no such gift, grant, or donation may be accepted without the approval of the Governor.
The Governor shall consult the commission before taking any action that would affect the historic value of the Governor's Mansion.
Any individual, corporation, or nonprofit association may solicit funds or engage in fundraising activities on behalf of the commission upon written permission by the commission and the Governor.

History. Acts 1973, No. 203, § 5; 1973, No. 400, § 5; A.S.A. 1947, § 12-317; Acts 1997, No. 1113, § 2; 2016 (3rd Ex. Sess.), No. 2, § 86; 2016 (3rd Ex. Sess.), No. 3, § 86.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Governor's Mansion” for “mansion in (a)(1); deleted former (a)(2) and redesignated former (a)(3) and (4) as present (a)(2) and (3); in (a)(2), substituted “Governor's Mansion” for “mansion” twice and “the commission's” for “its”; deleted “the commission and” preceding “the Governor” near the end of (a)(3)(B); inserted present (b) and redesignated former (b) as (c).

22-3-806. Mansion Advisory Council.

There is created a Mansion Advisory Council, to be composed of three (3) members appointed by the President Pro Tempore of the Senate, three (3) members appointed by the Speaker of the House of Representatives, and any other persons as the Arkansas Governor's Mansion Commission or the Governor may select.
The council shall assist the commission in any manner requested by the commission.
Members of the council shall be notified of all meetings of the commission as provided in § 22-3-804, shall have the right to take part in all meetings of the commission, and shall have and enjoy all rights and privileges of membership on the commission except the right to vote and to receive per diem payments.

History. Acts 1973, No. 203, § 6; 1973, No. 400, § 6; A.S.A. 1947, § 12-318; Acts 2001, No. 1288, § 22.

Amendments. The 2001 amendment, in (a), deleted “of the Senate” preceding “appointed by the President,” and deleted “of the House of Representatives” preceding “appointed by the Speaker.”

Subchapter 9 — Arkansas Justice Building Act

Cross References. Justice Building Construction Fund, § 19-5-1087.

Effective Dates. Acts 1955, No. 375, § 24: approved Mar. 24, 1955. Emergency clause provided: “It has been found and it is hereby declared that the lack of adequate facilities for the expeditious and efficient conduct of the business of the Supreme Court of the State of Arkansas, of the Attorney General, of the Public Service Commission, and of the Workmen's Compensation Commission, adversely affects the public welfare, property and resources, and it is hereby found and declared that that there is an urgent and immediate need for the construction of adequate facilities for the housing of the Supreme Court, the Clerk, the Library, the Attorney General, the Public Service Commission, and the Workmen's Compensation Commission in order that the business of the same may be expeditiously and efficiently handled in the best public interest, and that adequate facilities can be made available immediately only by the constructing and financing of the Justice Building in the manner and pursuant to the provisions of this act. It is, therefore, declared that an emergency exists and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in force from and after its passage.”

Acts 1973, No. 632, § 6: Apr. 9, 1973. Emergency clause provided: “It has been found and it is hereby declared that the Arkansas Justice Building, as presently constituted, is in immediate need of reconstruction, improvement, extension and equipment, in order that agencies of the state occupying and using it may have sufficient space in which to effectively and properly carry out their operations and activities, which are essential to the welfare of the citizens and inhabitants of this state and that the immediate effect of this act is the only means by which such things can be accomplished. Therefore, an emergency is declared to exist, and this act, being immediately necessary to the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 791, § 13: Apr. 3, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the lack of adequate space and facilities currently available to the courts, library and offices listed in section 2 has seriously affected their ability to efficiently perform their duties and responsibilities and is causing unnecessary hardship and delay in the proper administration of justice necessary to the people of this state; that the immediate alleviation of this situation is necessary to protect and provide the administration of justice in the state, and that this act is designed to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 64, § 8: Nov. 16, 1989. Emergency clause provided: “It is hereby found and declared that the various school district of this state may be able to effect substantial savings in total principal and interest payments by issuing refunding bonds authorized by this Act and that the authority conferred hereby should be available as soon as possible to permit more monies to be available for the use of the school districts of this state. Therefore, an emergency is declared to exist and this Act being essential for the preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1995, No. 149, § 18: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1995 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1995 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”

Research References

U. Ark. Little Rock L.J.

Note, Revenue Bonds—The Election Requirement: City of Hot Springs v. Creviston, 288 Ark. 286, 705 S.W.2d 415 (1986), 9 U. Ark. Little Rock L.J. 63.

Case Notes

Constitutionality.

Sections 22-3-901 — 22-3-922 contain no unconstitutional delegation of legislative power. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

22-3-901. Title.

This subchapter shall be referred to and may be cited as the “Arkansas Justice Building Act”.

History. Acts 1955, No. 375, § 1; A.S.A. 1947, § 5-601.

22-3-902. Definitions.

As used in this subchapter:

“Arkansas Justice Building” means any building constructed or purchased and renovated through the issuance of bonds under § 22-3-908 for the purpose of housing any of the agencies of the Arkansas judiciary as described in § 22-3-923(b)(1); and
“Construction” means the initial construction and equipment of the Arkansas Justice Building and any subsequent reconstruction, equipment, extension, or improvement of the Arkansas Justice Building.

History. Acts 1955, No. 375, § 22, as added by Acts 1973, No. 632, § 4; A.S.A. 1947, § 5-621; Acts 2011, No. 191, § 1.

Amendments. The 2011 amendment rewrote this section.

22-3-903. Construction.

This subchapter shall be liberally construed to accomplish the intent and purposes thereof and shall be the sole authority required for the accomplishment of its purposes. To this end, it shall not be necessary to comply with general provisions of other laws dealing with public facilities, their acquisition, construction, leasing, encumbering, or disposition.
The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

History. Acts 1955, No. 375, § 21; 1973, No. 632, § 3; A.S.A. 1947, § 5-620.

22-3-904. Arkansas Justice Building Commission — Creation — Members — Meetings. [Abolished.]

Publisher's Notes. Acts 1993, No. 235, § 1 provided:

“The Justice Building Commission created by Arkansas Code § 22-3-904 is hereby abolished and all of its powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds are hereby transferred to the Arkansas State Building Services created by Arkansas Code § 22-2-104.”

The section was derived from Acts 1955, No. 375, §§ 2-6, 8; 1963, No. 513, §§ 1-3; A.S.A. 1947, §§ 5-602 — 5-606, 5-608.

22-3-905. Duties and powers of Building Authority Division generally.

It shall be the function, power, and duty of the Building Authority Division to:

Equip the Arkansas Justice Building and any extensions thereof;
Have exclusive jurisdiction over the operation of the building, including, without limiting the generality of this grant, the execution of lease agreements covering the leasing of space in the building in such form, for such terms, with such provisions, for such amounts, and with such parties, including, but not limited to, state agencies, as the division shall determine;
Purchase, lease, or rent any corporeal or personal property;
Receive bequests or donations of any real, corporeal, or personal property;
Sell, barter, lease, or rent any real, corporeal, or personal property, or convert into money any property which cannot be used in the form received;
Establish accounts in one (1) or more banks, and thereafter, from time to time, make deposits into and withdrawals from those accounts;
Contract and be contracted with; and
Take such other action, not inconsistent with law, as it may deem necessary or desirable to carry out the intent and purposes of this subchapter.

History. Acts 1955, No. 375, § 7; A.S.A. 1947, § 5-607; Acts 2015 (1st Ex. Sess.), No. 7, § 41; 2015 (1st Ex. Sess.), No. 8, § 41; 2019, No. 910, § 6188.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. As to transfer of Arkansas Justice Building Commission to Arkansas Building Authority, see Publisher's Note at beginning of this subchapter.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the section heading and the introductory language; and substituted “the division” for “the authority” in (2).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language.

22-3-906. Secretary of the Department of Transformation and Shared Services.

The Secretary of the Department of Transformation and Shared Services shall be the custodian of all property held in the name of the Building Authority Division, shall be its disbursing agent and executive officer, and shall administer the provisions of this subchapter and the rules and orders established thereunder.
The Secretary of the Department of Transformation and Shared Services shall employ such assistants and other personnel as are, in his or her opinion, necessary to properly administer the provisions of this subchapter.
1. The Secretary of the Department of Transformation and Shared Services shall furnish bond to the state, with a corporate surety thereon, in the penal sum of twenty-five thousand dollars ($25,000), conditioned that he or she will faithfully perform his or her duties and properly account for all funds received and disbursed by him or her.
2. An additional disbursing agent's bond shall not be required of the Secretary of the Department of Transformation and Shared Services, and the bond so furnished shall be filed in the office of the Secretary of State, and an executed counterpart thereof shall be filed with the Auditor of State.
3. The premium on the bond shall be a proper charge against the funds under the control of the Secretary of the Department of Transformation and Shared Services.

History. Acts 1955, No. 375, § 9; A.S.A. 1947, § 5-609; Acts 2015 (1st Ex. Sess.), No. 7, § 42; 2015 (1st Ex. Sess.), No. 8, § 42; 2019, No. 315, § 2359; 2019, No. 910, § 6189.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. As to transfer of Arkansas Justice Building Commission to Arkansas Building Authority, see Publisher's Note at beginning of this subchapter.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the Department of Finance and Administration” for “Arkansas Building Authority” in the section heading and in (a); substituted “Building Authority Division of the Department of Finance and Administration” for “authority” in (a); deleted former (b) and redesignated the remaining subsections accordingly; deleted “subject to the approval of the authority” in present (b); and substituted “the director” for “the authority” in (c)(3).

The 2019 amendment by No. 315 deleted “regulations” following “rules” in (a).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in the section heading and in (a); deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a); and substituted “Secretary of the Department of Transformation and Shared Services” for “director” in (b), (c)(1), (c)(2), and (c)(3).

22-3-907. Financing authority of Building Authority Division.

The Building Authority Division is authorized and empowered to enter into the necessary contracts for the borrowing of all funds that it determines will be required in connection with the financing of the Arkansas Justice Building or the construction of extensions, additions, or improvements thereto. The cost of construction may include architectural, engineering, legal, and other similar expenses.

History. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615; Acts 2015 (1st Ex. Sess.), No. 7, § 43; 2015 (1st Ex. Sess.), No. 8, § 43; 2019, No. 910, § 6190.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. As to transfer of Arkansas Justice Building Commission to Arkansas Building Authority, see Publisher's Note at beginning of this subchapter.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the section heading and in the text.

22-3-908. Bonds — Issuance and terms.

In evidence of loans of funds, the Arkansas Development Finance Authority is authorized and empowered to issue its bonds at one (1) time or in series from time to time, as provided in this section, and to use the proceeds thereof, together with other available funds, for defraying the costs of accomplishing the construction of the Arkansas Justice Building, together with all expenses incidental to and reasonably necessary in connection therewith, for paying the expenses of the issuance of the bonds; for the creation of a reserve for contingencies to secure the payment of the bonds, if the authority deems it necessary or desirable; and for providing for the payment of interest on the bonds, if necessary, until sufficient funds are available.
1. The bonds shall be authorized by resolution of the authority.
2. The bonds may be issued at one (1) time or in series from time to time, and the authorizing resolution may control any priority between or among successive series or issues.
3. The bonds:
  1. May be coupon bonds, payable to bearer, or may be registrable as to principal only or as to both principal and interest;
  2. May be in such form and denomination;
  3. May have such date or dates;
  4. May be stated to mature at such times, not exceeding forty (40) years from the date thereof;
  5. May bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding eight percent (8%) per annum;
  6. May be made payable at such place or places within or without the State of Arkansas;
  7. May be made subject to such terms of redemption in advance of maturity at such prices; and
  8. May contain such other terms and conditions,
4. The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownership, as set forth in subdivision (b)(3) of this section.
The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the issuance of additional bonds, and the nature of the pledge and security, whether parity or priority, in that event, and the rights, duties, and obligations of the authority and of the holders and registered owners of the bonds as the authority shall determine.

all as the authority shall determine.

History. Acts 1955, No. 375, § 16; 1973, No. 632, § 2; A.S.A. 1947, § 5-615.

Publisher's Notes. Acts 1985, No. 1062, § 24, provided in part that the authority of the Justice Building Commission to issue revenue bonds pursuant to Acts 1955, No. 375, was transferred to the Arkansas Development Finance Authority and that from May 1, 1985, the issuer of revenue bonds pursuant to Acts 1955, No. 375 means the Arkansas Development Finance Authority.

Case Notes

Constitutionality.

Bonds authorized by this chapter are not state bonds within the meaning of Ark. Const. Amend. 20 prohibiting the issuance of bonds or other eivdence of indebtedness pledging the faith and credit of the state except by consent of the electors. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

Issuance of bonds under this chapter does not amount to the state lending its credit or issuing interest-bearing treasury warrants or scrip within the meaning of Ark. Const., Art. 16, § 1. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

The Arkansas Justice Building Commission is not the State of Arkansas for the purposes of Ark. Const. Amend. 20 prohibiting the state from issuing bonds without electoral approval. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

Bondholders' Rights.

When bonds are issued by the commission, the bondholders may well acquire contractual rights under this chapter so that an attempt by a subsequent legislature to abrogate or alter the provisions in such a manner as to impair the security of the bondholders may constitute an impairment of their contractual rights. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

22-3-909. Bonds — Trust indenture.

The authorizing resolution may provide for the execution by the Arkansas Development Finance Authority with a bank or trust company within or without the State of Arkansas of a trust indenture which may contain any terms, covenants, and conditions that are deemed desirable by the authority, including, without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, the issuance of additional bonds, and the nature of the pledge and security, whether parity or priority, in that event, and the rights, duties, and obligations of the authority, of the trustee, and of the holders and registered owners of the bonds.

History. Acts 1955, No. 375, § 16; 1973, No. 632, § 2; A.S.A. 1947, § 5-615.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-3-908.

22-3-910. Bonds — Sale and execution.

1. The bonds shall be sold at public sale on sealed bids.
2. Notice of the sale shall be published one (1) time a week for at least two (2) consecutive weeks in a newspaper published in the City of Little Rock, and having a general circulation throughout the State of Arkansas, with the first publication to be at least twenty (20) days prior to the date of sale.
3. The bonds may be sold at such price as the Arkansas Development Finance Authority may accept, including sale at a discount, but in no event shall any bid be accepted which results in an interest cost to be computed by counting the amount of any discount as interest which is in excess of the interest cost computed at par for eight percent (8%) per annum bonds.
4. The award, if made, shall be to the bidder whose bid results in the lowest net interest cost, determined by computing the aggregate interest cost at the rate bid, deducting the amount of any premium bid, then adding the amount of any discount bid.
1. The bonds shall be executed by the manual or facsimile signature of the Chair of the Arkansas Development Finance Authority and by the manual signature of the Secretary of the Arkansas Development Finance Authority.
2. The coupons attached to the bonds shall be executed by the facsimile signature of the Chair of the Arkansas Development Finance Authority.
3. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be officers before the delivery of the bonds or coupons, their signatures shall, nevertheless, be valid and sufficient for all purposes.
4. The authority shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be sealed with the seal of the authority.

History. Acts 1955, No. 375, § 16; 1973, No. 632, § 2; A.S.A. 1947, § 5-615.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-3-908.

Case Notes

Bondholder's Rights.

22-3-911. Bonds — Pledge of revenues — Restrictions.

The bonds and interest thereon shall be payable solely from and secured by a pledge of the gross revenues in the Justice Building Fund, which revenues are specifically declared to be cash funds, restricted in their use, and dedicated solely for the purposes set forth in this subchapter. The Arkansas Development Finance Authority is authorized and empowered to make a pledge of the gross revenues in the resolution authorizing the issuance of the bonds.
The bonds shall be general obligations only of the authority, and in no event shall they constitute an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged.
No member of the authority shall be personally liable on the bonds, or for any damages sustained by anyone in connection with the contracts for loans or construction of the Arkansas Justice Building, unless it shall be made to appear that he or she has acted with a corrupt intent.

History. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-3-908.

Case Notes

Constitutionality.

Bonds authorized by this chapter are not state bonds within the meaning of Ark. Const. Amend. 20 prohibiting the issuance of bonds or other evidence of indebtedness pledging the faith and credit of the state except by consent of the electors. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

Bondholders' Rights.

22-3-912. Bonds — Actions for enforcement.

Any covenants and agreements entered into by the Arkansas Development Finance Authority shall be binding in all respects upon the authority and its successors in accordance with the terms of those covenants and agreements, and all of the provisions thereof shall be enforceable by appropriate proceedings at law or in equity or otherwise.

History. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-3-908.

Case Notes

Bondholders' Rights.

22-3-913. Bonds — Tax exemptions.

Bonds issued under the provisions of this subchapter shall be exempt from all taxes, state, county, and municipal. This exemption shall include income taxation and inheritance taxation.

History. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.

Publisher's Notes. This section was declared unconstitutional by McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955) insofar as it relates to exemption from property taxation.

As to transfer of authority to issue bonds, see Publisher's Notes to § 22-3-908.

Case Notes

Constitutionality.

This section violates Ark. Const., Art. 16, §§ 5 and 6, insofar as it exempts the bonds from property taxation. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

Invalidity of this section insofar as it relates to property taxation does not affect the validity of the remainder of Acts 1955, No. 375, in view of § 22 of that act, which declares the provisions of the act to be severable. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

Exemption of the bonds from state income and inheritance taxes is not violative of Ark. Const., Art. 16, §§ 5 and 6. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

Bondholders' Rights.

22-3-914. Refunding bonds — Issuance.

The Arkansas Development Finance Authority may issue bonds under this subchapter for the purpose of refunding any obligation of the authority issued under this subchapter at a rate or rates of interest not exceeding the maximum rate otherwise authorized under this subchapter. The authority may authorize and deliver a single issue of bonds under this subchapter in part for the purpose of refunding such obligations and in part for the purpose of constructing extensions, additions, or improvements to the Arkansas Justice Building.
1. When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.
2. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof.
All bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of such bonds.
The authority may provide that any refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

History. Acts 1955, No. 375, § 16; A.S.A. 1947, § 5-615.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-3-908.

Case Notes

Constitutionality.

Bonds authorized by this chapter are not state bonds within the meaning of Ark. Const. Amend. 20, prohibiting the issuance of bonds or other evidence of indebtedness pledging the faith and credit of the state except by consent of the electors. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

The Arkansas Justice Building Commission is not the State of Arkansas for the purposes of Ark. Const. Amend. 20, prohibiting the state from issuing bonds without electoral approval. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

Bondholders' Rights.

When bonds are issued by the commission, the bondholders may well acquire contractual rights under this chapter so than an attempt by a subsequent legislature to abrogate or alter the provisions in such a manner as to impair the security of the bondholders may constitute an impairment of their contractual rights. McArthur v. Smallwood, 225 Ark. 328, 281 S.W.2d 428 (1955).

22-3-915. Investment by Arkansas retirement systems.

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

History. Acts 1955, No. 375, § 17; A.S.A. 1947, § 5-616.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-3-908.

22-3-916. Audit of accounts — Reports.

The agency of the state authorized by law to audit the records and accounts of the various state agencies is authorized and directed to audit the records and accounts of the Building Authority Division and to furnish a copy of the report thereof to the division and to the trustee for the bondholders.

History. Acts 1955, No. 375, § 18; A.S.A. 1947, § 5-617; Acts 2015 (1st Ex. Sess.), No. 7, § 44; 2015 (1st Ex. Sess.), No. 8, § 44; 2019, No. 910, § 6191.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. As to transfer of Arkansas Justice Building Commission to Arkansas Building Authority, see Publisher's Note at beginning of this subchapter.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

22-3-917. Employment of architect — Fees.

1. The Building Authority Division may employ an architect to prepare plans, specifications, and estimates of cost for the construction of the Arkansas Justice Building and to supervise and inspect the construction.
2. The division and the architect shall consult with the members of the Supreme Court concerning the plans and specifications for the construction.
1. The fees or commissions of the architect shall not exceed six percent (6%) of the total construction cost, and none of the fees or commissions are due and payable until the construction contracts are awarded and then only to the extent of sixty percent (60%) of the total amount of the fees or commissions.
2. The remainder of the architect's fees or commissions are due and payable as the construction work progresses.

History. Acts 1955, No. 375, § 19; A.S.A. 1947, § 5-618; Acts 2011, No. 191, § 2; 2015 (1st Ex. Sess.), No. 7, § 45; 2015 (1st Ex. Sess.), No. 8, § 45; 2019, No. 910, § 6192.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. As to transfer of Arkansas Justice Building Commission to Arkansas Building Authority, see Publisher's Note at beginning of this subchapter.

Amendments. The 2011 amendment, in (a)(2), substituted “consult” for “advise” and deleted “the Attorney General, the Workers' Compensation Commission, and the Arkansas Public Service Commission” following “Supreme Court”.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (a)(1); and substituted “the division” for “the authority” in (a)(2).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(1).

22-3-918. Notice for bids for construction — Bonds — Execution of contracts.

1. After the Building Authority Division has approved the plans and specifications prepared by the architect, it shall proceed to advertise for bids for the construction of the Arkansas Justice Building.
2. The notice shall be published one (1) time each week for not less than three (3) consecutive weeks in one (1) or more newspapers of general circulation published in the City of Little Rock, and in such other newspapers and trade or construction journals as may, in the opinion of the division, be desirable.
3. The notice shall provide for the receipt of sealed bids, shall set forth the time and place at which the bids will be received, shall give the name and address of the architect from whom copies of plans, specifications, and drafts of the proposed contract to be entered into with the successful bidder may be obtained, and shall contain any other information and requirements as, in the opinion of the division, may be necessary or desirable.
1. On the date and time fixed in the notice, the division shall open, tabulate, and compare the bids and shall award the contract to the lowest responsible bidder.
2. The division shall have the right to reject any or all bids.
The successful bidder shall be required to furnish bonds to the State of Arkansas for the use and benefit of the division, with a corporate guaranty of indemnity sureties thereon. Bond shall be both for the completion of the construction free of all liens and encumbrances in an amount fixed by the division and for the protection of the division and its members against all liability for injury to person or damage to or loss of property arising or claimed to have arisen in the course of the construction, within limits fixed by the division.
The Secretary of the Department of Transformation and Shared Services shall execute all contracts awarded by the division.

History. Acts 1955, No. 375, § 20; A.S.A. 1947, § 5-619; Acts 2015 (1st Ex. Sess.), No. 7, § 46; 2015 (1st Ex. Sess.), No. 8, § 46; 2019, No. 910, §§ 6193, 6194.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the division” for “the authority” throughout the section; substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (a)(1); substituted “division” for “commission” at the end of (c); and substituted “Director of the Department of Finance and Administration” for “chairman and secretary, acting on behalf of the authority” in (d).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(1); and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (d).

22-3-919. [Repealed.]

Publisher's Notes. This section, concerning the Justice Building Fund, was repealed by Acts 1993, No. 1223, § 12. The section was derived from Acts 1955, No. 375, § 15; A.S.A. 1947, § 5-614.

22-3-920. [Repealed.]

Publisher's Notes. This section, concerning special costs assessed and remittance to the commission, was repealed by Acts 1995, No. 1256, § 20, as amended by Acts 1995 (1st Ex. Sess.), No. 13, § 4. The section was derived from Acts 1955, No. 375, § 14; 1973, No. 632, § 1; A.S.A. 1947, § 5-613; Acts 1989 (3rd Ex. Sess.), No. 64, § 2.

22-3-921. [Repealed.]

Publisher's Notes. This section, concerning the lease to the Workers' Compensation Commission, was repealed by Acts 2011, No. 191, § 3. The section was derived from Acts 1955, No. 375, § 11; A.S.A. 1947, § 5-611; Acts 1989 (3rd Ex. Sess.), No. 64, § 3.

22-3-922. [Repealed.]

A.C.R.C. Notes. As enacted, Acts 2011, No. 191, contained two sections designated as § 4.

Publisher's Notes. This section, concerning the lease to the Arkansas Public Service Commission, was repealed by Acts 2011, No. 191, § 4[5]. The section was derived from Acts 1955, No. 375, § 13; A.S.A. 1947, § 5-612; Acts 1989 (3rd Ex. Sess.), No. 64, § 4.

22-3-923. Allocation of space — Legislative findings and determination — Purpose and intent.

1. It is found and determined by the General Assembly that:
  1. The Arkansas Justice Building was constructed primarily to house the higher appellate courts and that other agencies were permitted to occupy portions of the building only because the space was not needed by the courts at that time;
  2. Since construction of the building, the electors of the state authorized the establishment of a new appellate court, the Court of Appeals;
  3. The Court of Appeals is in urgent need of additional space in the Arkansas Justice Building in order to perform its responsibilities; and
  4. It is essential that the additional space to be provided the Court of Appeals is contiguous to the space now assigned to that court.
2. Furthermore, it is the purpose and intent of this section to establish specific priorities for use of space in the Arkansas Justice Building and to specifically authorize the Building Authority Division of the Department of Finance and Administration to allocate space in the Arkansas Justice Building in accordance with those priorities to assure that the appellate courts and the services and facilities essential to the effective and efficient operation of the courts, such as library facilities, are given first priority in the use of space in the building.
1. Space in the Arkansas Justice Building shall be allocated by the division, after seeking the advice of the Joint Interim Committee on Legislative Facilities, to the following courts, library, and offices in the order of priority listed:
  1. The Supreme Court;
  2. The Court of Appeals;
  3. The Clerk of the Supreme Court;
  4. The Supreme Court Library; and
  5. The Administrative Office of the Courts.
2. The space requirements of each court, library, or office listed in this subsection must be adequately met before any space is allocated to any other office or agency.
If the space requirements of the courts, library, and offices listed in subsection (b) of this section are adequately met, the division, after seeking the advice of the Joint Interim Committee on Legislative Facilities, may allocate any additional space to any other offices or agencies it deems appropriate.
The division shall allocate space in accordance with the priorities prescribed in this section as soon as practicable after April 3, 1985, in order that the additional space allocated to the courts, library, and offices enumerated in this section shall be available on or before July 1, 1985.
1. The provisions of §§ 22-3-901 — 22-3-918 and the covenants and obligations of the division entered into in connection with the issuance of bonds under §§ 22-3-901 — 22-3-918 are ratified and confirmed.
2. Nothing in this section is intended or shall be interpreted to alter the amounts of, due dates for, or obligors of lease rentals payable pursuant to leases entered into between the division and any lessee identified in §§ 22-3-901 — 22-3-918 or any successor thereto, or to alter the handling, deposit, or application of the lease rentals.

History. Acts 1985, No. 791, §§ 1-6; A.S.A. 1947, §§ 5-622 — 5-627; Acts 2003, No. 364, § 15; 2011, No. 191, § 4[5]; 2015 (1st Ex. Sess.), No. 7, § 47; 2015 (1st Ex. Sess.), No. 8, § 47.

A.C.R.C. Notes. As enacted, Acts 2011, No. 191, contained two sections designated as § 4.

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. As to transfer of Arkansas Justice Building Commission to Arkansas Building Authority, see Publisher's Note at beginning of this subchapter.

The powers and duties of the Arkansas Transportation Commission were transferred to the Arkansas State Highway and Transportation Department pursuant to Acts 1989 (1st Ex. Sess.), No. 153, § 2.

Amendments. The 2003 amendment added subdivision designations in (a)(1) and made related changes; in (a)(2), substituted “Furthermore” for “Further” and “Arkansas Building Authority” for “Arkansas Justice Building Commission”; rewrote (b) and (c); substituted “authority” for “Arkansas Justice Building Commission” in (d); deleted former (e) through (g); redesignated former (h) as present (e); substituted “§§ 22-3-901—22-3-918, 22-3-921, and 22-3-922” for “§§ 22-3-901 — 22-3-922” in (e)(1) and (2); substituted “authority” for “Arkansas Justice Building Commission” in (e)(1); substituted “authority” for “commission” in (e)(2); and made minor punctuation changes.

The 2011 amendment deleted “22-3-921, and 22-3-922” following “22-3-918” in (e)(1) and (2).

22-3-924. Legislative intent.

It is the intent of the General Assembly that the Supreme Court and the Court of Appeals shall not be required to pay any rental fees for space utilized in the Arkansas Justice Building.

History. Acts 1995, No. 149, § 12.

A.C.R.C. Notes. Former § 22-3-924, concerning legislative intent, is deemed to be superseded by this section. The former section was derived from Acts 1993, No. 1224, § 14.

Subchapter 10 — War Memorial Stadium

Effective Dates. Acts 1947, No. 249, § 15: effective on passage.

Acts 1961, No. 228, § 7: Mar. 14, 1961. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that the Stadium Commission is now attempting to refund its outstanding debt as authorized by Act 165, approved March 4, 1959, but that to date such attempt has been unsuccessful; that the refunding of said debt at this time will not only place the said Commission in a financial position where it can legally make needed improvements to War Memorial Stadium without breaching its contract with the holders of its outstanding bonds, but also to avert a default on such bonds; that an increase in the membership of the Commission, whereof all sections of the state will be represented, will assure the successful refunding of said bonds in that an enlarged membership will be able to contact all bondholders for the purpose of selling such holders on the practicability of exchanging their present bonds for refunding bonds; and that only by the passage and immediate operation of this act may such needed improvements be made and the default on the said debt be averted. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force on and after its passage and approval.”

Acts 1967, No. 282, § 5: Mar. 10, 1967. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that due to the large number of members of the Stadium Commission provided for under existing law it is difficult at times to obtain a quorum for the transaction of business; that under existing law the two-year terms of office of members of the Commission do not assure the continuity of service required to properly carry out presently planned improvements to War Memorial Stadium; and that only by the immediate passage and approval of this act may the aforesaid conditions be alleviated. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force on and after its passage and approval.”

Acts 2017, No. 269, § 13: Feb. 22, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Department of Parks and Tourism is well-positioned to oversee and promote War Memorial Stadium; that the transfer of War Memorial Stadium to the Department of Parks and Tourism promotes efficiency; and that this act is immediately necessary in order to ensure a timely transition to minimize any adverse impact on upcoming events to be held at War Memorial Stadium. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

Ark. L. Rev.

Watkins, Open Meetings Under the Arkansas Freedom of Information Act, 38 Ark. L. Rev. 268.

22-3-1001. War Memorial Stadium Commission — Creation — Members — Meetings.

1. There is created within the Department of Parks, Heritage, and Tourism the War Memorial Stadium Commission consisting of eight (8) members to be appointed by the Governor with the advice and consent of the Senate.
2. The department has exclusive jurisdiction for the operation of the stadium in Little Rock, Arkansas, known as “War Memorial Stadium”, which shall be for the use of all the schools, colleges, and universities of the state under the supervision of the department.
Each congressional district of the state shall be represented by membership on the commission, and the other four (4) members shall be from the state at large.
Members of the commission appointed by the Governor under this subchapter, in addition to possessing the qualifications of an elector, shall reside in the State of Arkansas.
1. The Secretary of State shall, within ten (10) days and without charge therefor, furnish a certificate to each individual so appointed by the Governor, whereupon the appointee shall, within fifteen (15) days thereafter, notify the Governor and the Secretary of State, in writing, of his or her acceptance of the appointment.
2. If an appointee fails to give notice of acceptance within the time required, then the appointment is void, and the Governor shall make another appointment.
Each member shall be appointed to a seven-year term commencing on January 15 following the expiration date of the preceding member's term and ending on January 14 of the seventh year following the year in which the term commenced.
Any vacancies arising in the membership of the commission for any reason other than expiration of the terms for which the members were appointed shall be filled by appointment by the Governor, to be thereafter effective until the expiration of such terms.
Before entering upon his or her respective duties, each member of the commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter and that he or she will not be or become interested, either directly or indirectly, in any contract made by the department concerning the commission.
1. A member of the commission who violates his or her oath of office is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) or by imprisonment for not less than six (6) months, or by both such fine and imprisonment.
2. A member who has been convicted of a misdemeanor is ineligible for continued membership on the commission, and any contract so entered into shall be null and void.
The Governor shall designate a member of the commission as Chair of the War Memorial Stadium Commission, and the member so designated shall serve as chair at the pleasure of the Governor with advice from the Secretary of the Department of Parks, Heritage, and Tourism.
1. All meetings of the commission shall be held on call by the chair with the consent of the secretary, or by any four (4) or more members with the consent of the secretary, on advance notice to each member and at such place as in each instance may suit the commission's and the secretary's convenience.
2. All meetings under subdivision (j)(1) of this section shall be open to the public, and complete records of the proceedings shall be kept.
1. A quorum for the transaction of business at any meeting shall consist of not fewer than four (4) members, and a quorum has the power to act for the commission by an affirmative vote of a majority of the quorum, except that the affirmative vote of not fewer than four (4) members is required for the adoption of any motion or resolution involving the expenditure of funds.
2. An action agreed to by the commission under subdivision (k)(1) of this section is subject to the approval of the secretary.

History. Acts 1947, No. 249, §§ 1-3, 5; 1961, No. 228, §§ 1-3; 1967, No. 282, §§ 1-3; 1975, No. 477, § 1; A.S.A. 1947, §§ 80-3401 — 80-3403, 80-3405; Acts 2017, No. 269, § 3; 2019, No. 910, §§ 5684-5686.

A.C.R.C. Notes. Acts 2017, No. 269, § 1, provided: “Transfer of the War Memorial Stadium Commission to the Department of Parks and Tourism.

“(a)(1) The War Memorial Stadium Commission is transferred to the Department of Parks and Tourism by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Parks and Tourism shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing of the War Memorial Stadium Commission, are transferred to the Department of Parks and Tourism, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications of the War Memorial Stadium Commission are transferred to the Director of the Department of Parks and Tourism.

“(d) The members of the War Memorial Stadium Commission, and their successors, shall continue to be selected in the manner and serve for the terms provided by the statutes applicable to the War Memorial Stadium Commission except as specified in this act.”

Amendments. The 2017 amendment added “War Memorial” to the section heading; redesignated former (a) as (a)(1) and (2); substituted “within the Department of Parks and Tourism the War Memorial Stadium Commission” for “a Stadium Commission” in (a)(1); in (a)(2), substituted “department” for “commission” twice and inserted “in Little Rock, Arkansas”; inserted “department concerning the” in (g); substituted “A member who has” for “Any member who shall have thus” in (h)(2); in (i), substituted “Chair of the War Memorial Stadium Commission” for “its chair” and added “with advice from the Director of the Department of Parks and Tourism” at the end; rewrote (j); redesignated former (k) as (k)(1); added (k)(2); and made stylistic changes.

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a)(1) and (i); substituted “Secretary” for “Director” in (i); substituted “secretary” for “director” in (j)(1) twice and in (k)(2); and substituted “secretary’s” for “director’s” in (j)(1).

22-3-1002. Powers and duties generally.

1. The Department of Parks, Heritage, and Tourism has and is subject to the powers and duties conferred or imposed upon the department by this subchapter concerning the War Memorial Stadium Commission.
2. The department may make, amend, and enforce all necessary or desirable rules not inconsistent with law to regulate the commission's procedure, powers, and duties.
Subject to the applicable limitations provided in this subchapter, the department shall:
1. Have exclusive jurisdiction for the government of War Memorial Stadium;
2. Purchase, lease, or rent any real property, or acquire any real property by the exercise of its right of eminent domain, that right being vested in the department;
3. Purchase, lease, or rent any corporeal or personal property;
4. Receive bequests or donations of any real, corporeal, or personal property;
5. Sell, barter, lease, or rent any real, corporeal, or personal property or convert into money any property that cannot be used in the form received;
6. Fix the amount of admissions, fees, commissions, concessions, rents, and other charges to be collected by the department for the use of War Memorial Stadium for athletic or other events;
7. Establish accounts in one (1) or more banks and thereafter, from time to time, make deposits in and withdrawals from these accounts;
8. Contract and be contracted with;
9. Exercise such police powers within the bounds of any real property owned or controlled by the department as may be necessary to abate nuisances and otherwise keep the peace; and
10. Take such other action, not inconsistent with law, as the department may deem necessary or desirable to carry out the intent and purposes of this subchapter.

History. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1991, No. 37, § 1; 2017, No. 269, § 4; 2019, No. 910, § 5687.

A.C.R.C. Notes. Acts 2017, No. 269, § 1, provided: “Transfer of the War Memorial Stadium Commission to the Department of Parks and Tourism.

“(a)(1) The War Memorial Stadium Commission is transferred to the Department of Parks and Tourism by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Parks and Tourism shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing of the War Memorial Stadium Commission, are transferred to the Department of Parks and Tourism, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications of the War Memorial Stadium Commission are transferred to the Director of the Department of Parks and Tourism.

Amendments. The 2017 amendment deleted “of Stadium Commission” following “duties” in the section heading; redesignated the former section as (a) and (b); rewrote (a); substituted “department” for “commission” throughout (b); substituted “War Memorial Stadium” for “stadium” in (b)(1) and (b)(6); and made stylistic changes.

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a)(1).

22-3-1003 — 22-3-1007. [Repealed.]

Publisher's Notes. These sections, concerning the Secretary of the Stadium Commission, financing authority of the Stadium Commission, issuance and terms of bonds, execution of bonds, and pledge of revenues and restrictions of bonds, were repealed by Acts 2017, No. 269, §§ 5-9. The sections were derived from the following sources:

22-3-1003. Acts 1947, No. 249, § 6; 1961, No. 228, § 5; A.S.A. 1947, § 80-3406.

22-3-1004. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404.

22-3-1005. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1991, No. 37, § 2; 1995, No. 819, § 1; 2013, No. 1141, § 1.

22-3-1006. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1995, No. 819, § 1.

22-3-1007. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404; Acts 1995, No. 819, § 1.

22-3-1008. Bonds — Tax exemptions.

The bonds issued under the provisions of this subchapter shall be exempt from all taxes.

History. Acts 1947, No. 249, § 4; A.S.A. 1947, § 80-3404.

22-3-1009. [Repealed.]

Publisher's Notes. This section, concerning limitation of liability of the state, was repealed by Acts 1999, No. 24, § 1. The section was derived from Acts 1947, No. 249, § 11; A.S.A. 1947, § 80-3411; Acts 1995, No. 819, § 2.

22-3-1010. Audit of accounts — Reports.

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.

History. Acts 1947, No. 249, § 10; 1961, No. 228, § 4; A.S.A. 1947, § 80-3410; Acts 2017, No. 269, § 10; 2019, No. 910, § 5688.

A.C.R.C. Notes. Acts 2017, No. 269, § 1, provided: “Transfer of the War Memorial Stadium Commission to the Department of Parks and Tourism.

“(a)(1) The War Memorial Stadium Commission is transferred to the Department of Parks and Tourism by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Parks and Tourism shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing of the War Memorial Stadium Commission, are transferred to the Department of Parks and Tourism, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications of the War Memorial Stadium Commission are transferred to the Director of the Department of Parks and Tourism.

Amendments. The 2017 amendment inserted “Department of Parks and Tourism concerning the War Memorial”.

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism”.

22-3-1011. Establishment by Department of Parks, Heritage, and Tourism of bank accounts — Deposits and withdrawals — Preaudit.

The Secretary of the Department of Parks, Heritage, and Tourism on behalf of the War Memorial Stadium Commission may open accounts in the name of the Department of Parks, Heritage, and Tourism in one (1) or more banks and deposit into those bank accounts all moneys received from the sale of the Department of Parks, Heritage, and Tourism's bonds and from admissions, fees, concessions, rents, and other charges collected for the use of War Memorial Stadium or from any other source.
From the bank accounts, the Department of Parks, Heritage, and Tourism on behalf of the commission may withdraw funds for payment of the following:
1. Cost of the construction of War Memorial Stadium;
2. Expenses of the commission's members;
3. Salaries of a custodian, groundskeepers, and such other personnel as the Department of Parks, Heritage, and Tourism may employ;
4. Insurance premiums for fire, lightning, and tornado insurance;
5. Such other items of reasonable expense as, in the opinion of the Department of Parks, Heritage, and Tourism with advice from the commission, may be required to maintain and operate War Memorial Stadium; and
6. Amounts paid contesting colleges or schools.
1. All withdrawals of funds in the bank accounts shall be made by use of voucher-checks, the form of which shall be prescribed by the Secretary of the Department of Finance and Administration.
2. All voucher-checks so drawn are subject to preaudit by the Secretary of the Department of Finance and Administration.

History. Acts 1947, No. 249, § 9; A.S.A. 1947, § 80-3409; Acts 2017, No. 269, § 11; 2019, No. 910, § 5689.

A.C.R.C. Notes. Acts 2017, No. 269, § 1, provided: “Transfer of the War Memorial Stadium Commission to the Department of Parks and Tourism.

“(a)(1) The War Memorial Stadium Commission is transferred to the Department of Parks and Tourism by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Parks and Tourism shall be considered a principal department established by Acts 1971, No. 38.

“(b) All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations, and other funds, including the functions of budgeting or purchasing of the War Memorial Stadium Commission, are transferred to the Department of Parks and Tourism, except as specified by this act.

“(c) All powers, duties, and functions, including rulemaking, regulation, and licensing, promulgation of rules, rates, regulations, and standards, and the rendering of findings, orders, and adjudications of the War Memorial Stadium Commission are transferred to the Director of the Department of Parks and Tourism.

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” throughout (a) and (b); and substituted “Secretary” for “Director” in (a), (c)(1), and (c)(2).

22-3-1012, 22-3-1013. [Repealed.]

Publisher's Notes. These sections, concerning authorization of financing of stadium improvements by income tax refund check-off and use of improvement and expansion funds, were repealed by implication by Acts 1993, No. 943. The sections were derived from the following sources:

22-3-1012. Acts 1981, No. 545, § 1; A.S.A. 1947, § 80-3417.

22-3-1013. Acts 1981, No. 545, § 2; A.S.A. 1947, § 80-3418; Acts 1987, No. 879, § 10.

Subchapter 11 — Livestock Show Facilities

Preambles. Acts 1973, No. 569, contained a preamble which read:

“Whereas, Arkansas Livestock Show Association, a non-profit corporation organized and existing under the laws of the State of Arkansas, is in possession as lessee of certain lands located within the city of Little Rock, Arkansas, and belonging to the State of Arkansas under the terms of a lease dated December 16, 1952 which expires on November 28, 1995; and

“Whereas, said lease requires the express consent of the State Board of Fiscal Control, as it then existed, for subleasing of any of said lands for terms longer than one year; and

“Whereas, Arkansas Livestock Show Association has constructed a regulation size standard stock car racing track on said grounds with a dirt surface and has constructed a straight-a-way quarter horse race track on said grounds but does not have funds and moneys in its possession or under its control to put an acceptable hard surface on said track and to build a grandstand, concession stand, restrooms, guard rails and other facilities necessary to the operation of said race tracks during the annual State Fair and Livestock Show and at other times during the year; and the construction and building of such facilities will require an expenditure of approximately $500,000 and Arkansas Livestock Show Association is negotiating with certain proposed lessees who will build said facilities and pay rent thereon to Arkansas Livestock Association if the term of the existing lease is extended for a satisfactory period of time and the lease is amended so that these facilities may be subleased by Arkansas Livestock Show Association;

“Now therefore ….”

Effective Dates. Acts 1975, No. 1002, § 10: Apr. 11, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the various facilities of the Forestry Commission and of the State Fair and Livestock Show are in dire need of being constructed, repaired, improved and equipped in order to provide adequate services to the public and that the immediate passage of this act is necessary in order to continue the availability of appropriations and funds. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its date of passage and approval.”

22-3-1101. Acquisition of facilities by state for holding Arkansas State Fair and Livestock Show — Lease and sublease — Option to purchase.

1. The Building Authority Division may enter into an agreement with the Arkansas Livestock Show Association and make such contracts as are necessary for the purpose of purchasing the permanent site of the association and for the purchase or construction of buildings and facilities for the holding of the Arkansas State Fair and Livestock Show.
2. Any lands, buildings, or other improvements purchased by the state out of funds so provided shall belong to the State of Arkansas, and the division is empowered to enter into an agreement with and execute a lease for a term of fifty (50) years to the association for the use of the facilities for the sum of one dollar ($1.00) per year.
3. The lease shall be:
  1. Executed at the time the state acquires title to the site now owned by the association; or
  2. Extended as provided in this section.
4. The division reserves the right to cancel the lease, and it shall be forfeited back to the state in the event that no show is held during a period of four (4) consecutive years, unless the holding of any show is made impracticable by reason of war or acts of God.
1. The association shall have the power to select architects and to draw and approve plans and supervise the construction of the buildings and improvements for the Arkansas State Fair and Livestock Show.
2. During the lifetime of the lease, the association shall be given the option to purchase the lands, buildings, and improvements upon the payment to the state of the principal amount due to the state on the purchase price.
1. The division shall negotiate with the association and execute a lease with it for a term expiring December 31, 2055, for the sum of one dollar ($1.00) per year.
2. The lease shall include a provision that portions of the grounds suitable for the use of a standard stock car racing track and quarter horse racing track may be subleased by the association to any person who will, as a part of the transaction:
  1. Hard-surface the automobile racetrack;
  2. Build appropriate guardrails around the track;
  3. Build a grandstand for spectators;
  4. Build adequate concession stands and restroom facilities; and
  5. Allow that portions of the grounds may be leased to other persons for use in connection with and consistent with the Arkansas State Fair and Livestock Show activities.
3. The property that is the subject of the lease described in this subsection includes the following lands constituting a part of the association grounds and parking areas lying within Pulaski County, Arkansas:
  1. Lots 7, 8, 9, 10, 11, and 12, Block 2, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  2. Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Block 3, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  3. Lots 1, 2, 3, 4, 5, and 6, Block 4, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  4. Lots 1, 2, 3, 4, and 5, Block 5, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  5. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 6, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  6. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 7, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  7. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 8, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  8. All of that part of the South ½ of the Northeast ¼ of the Northwest ¼ and the Southeast ¼ of the Northwest ¼ of Section 16, Township 1 North, Range 12 West, that lies East of the Rock Island Railway;
  9. Two (2) acres in the Southeast ¼ of the Northwest ¼ of Section 16, Township 1 North, Range 12 West, beginning at the point of intersection or the East boundary line of the right-of-way of the Choctaw and Memphis Railway (New CRI P Railway) and South boundary of said Southeast ¼ of the Northwest ¼ of said Section 16, running thence in a northwesterly direction along said right-of-way boundary 540 feet, thence due East parallel to the South boundary of said Southeast ¼ of the Northeast ¼ 165 feet, thence due South parallel to the East boundary line of said southeast ¼ of the northwest ¼ 535 feet to the point of beginning, containing exactly two (2) acres;
  10. All that part of the Southeast ¼ of the Northeast ¼ of Section 16, Township 1 North, Range 12 West, lying east of the Missouri Pacific Railway and South of a line established by following the East line of the Missouri Pacific Railway south 828 feet from its intersection with the North line of the Southwest ¼ of the Northwest ¼, thence East 381 feet, thence Northeast parallel with the railway 150 feet, thence East to the East line of the Southwest ¼ of the Northwest ¼; and
  11. The South 755.5 feet of that part of the Southeast ¼ of the Northwest ¼ of Section 16, Township 1 North, Range 12 West, lying West of the CRI P R/W, containing six and one-half acres.
1. The division shall negotiate with the association and execute a lease with it for a term expiring December 31, 2055, for the sum of one dollar ($1.00) per year.
2. The property that is the subject of the lease described in this subsection includes the following lands lying within Pulaski County, Arkansas:
  1. Lots 1 and 2, Block 2, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  2. The West 1/3 of lots 11 and 12, Block 1, Nettie F. Riffel Addition, City of Little Rock, Arkansas;
  3. Lots 5, 11, and 12, Block 4, McCarthy's Addition, City of Little Rock, Arkansas;
  4. Lot 7, Block 11, Sunset Addition to the City of Little Rock, Pulaski County, Arkansas, and the West ½ of an adjacent closed alley. And that part of West 32nd and Schiller Streets beginning at the Southeast corner of Lot 7, Block 11, Sunset Addition, thence South 25 feet, thence West 165 feet, thence North 25 feet, thence East 165 feet to the point of beginning; and
  5. Lots 1 to 22, incl, Block 21; Lots 1 to 22, Block 22; Lots 1 to 11 include Block 26; Lots 12 to 22, Block 29; Lots 1 to 11, incl, Block 23, Adams Addition to the City of Little Rock, Arkansas.

History. Acts 1945, No. 313, § 4; 1973, No. 569, § 1; A.S.A. 1947, §§ 78-1601, 78-1601.1; Acts 2005, No. 125, §§ 1-3; 2007, No. 130, § 1; 2019, No. 910, § 6195.

Amendments. The 2005 amendment substituted “Arkansas Building Authority may” for “Arkansas Livestock and Poultry Commission is empowered and authorized to” in (a)(1); substituted “authority” for “commission” in (a)(2) and (a)(4); in (a)(3), inserted the subdivision (A) designation, added (B), and made related changes; rewrote (c)(1); added (c)(3) and (d); and made minor punctuation changes.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(1).

22-3-1102. Eminent domain.

From and after the passage and approval of this section, the Building Authority Division may acquire by eminent domain any real property, including the improvements and fixtures on the property that it may deem necessary to provide a permanent site and show facilities for a state fair and livestock show and for aid to the livestock industry.
The division, upon adoption of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for public use, may exercise the power of eminent domain:
1. In the manner provided by §§ 18-15-1202 — 18-15-1207 for taking private property for rights-of-way for railroads;
2. In the manner provided by §§ 18-15-301 — 18-15-307; or
3. Pursuant to any other applicable statutory provision for the exercise of the power of eminent domain.

History. Acts 1947, No. 253, §§ 1, 2; A.S.A. 1947, §§ 78-1602, 78-1603; Acts 2005, No. 125, § 4; 2019, No. 910, § 6196.

Publisher's Notes. In reference to the term “passage and approval of this section,” Acts 1947, No. 253, was signed by the Governor on March 19, 1947, and took effect on June 12, 1947.

Amendments. The 2005 amendment, in (a), substituted “Arkansas Building Authority may” for “Arkansas Livestock and Poultry Commission shall have the right to” and “on the property that” for “thereon, which”; and, in (b), substituted “authority” for “commission” and “in the resolution” for “therein.”

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

22-3-1103. Use of showgrounds — Future Farmers of America State Horse Show.

The Arkansas State Fair and Livestock Show Association shall permit organizations and associations to use the association's showgrounds and facilities for the Future Farmers of America State Horse Show and other related livestock and poultry activities without charge, where the use involves no additional costs to the association.
When any organization or association is permitted to use the showgrounds and facilities for the Future Farmers of America State Horse Show and other related livestock and poultry activities, the organization or association so using the grounds and facilities shall clean the livestock showgrounds and facilities and remove all trash and debris resulting from that use and shall leave the grounds and facilities in at least as good condition as the grounds and facilities were prior to the activities.

History. Acts 1975, No. 1002, § 2.

Subchapter 12 — Public Facilities Finance Act of 1983

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

Preambles. Acts 1987, No. 652, contained a preamble which read:

“Whereas, Act 458 of 1983 (the “Act”) authorized and empowered Arkansas State Building Services, with the approval of the Governor, to issue its State Building Services certificates of indebtedness in a total principal amount not to exceed twenty-five million dollars ($25,000,000.00); and

“Whereas, the act authorized and empowered the State Board of Finance to purchase State Building Services certificates of indebtedness in a total principal amount not to exceed twenty-five million dollars ($25,000,000.00); and

“Whereas, the issuance of State Building Services certificates of indebtedness has proved to be an efficient and economical means of providing for the construction of facilities as authorized pursuant to the Act; and Whereas, the General Assembly hereby finds that to ensure that Arkansas State Building Services has an efficient and economical means of providing for the construction of buildings as authorized pursuant to the Act, it is deemed appropriate and necessary to amend the Act to provide that the authority to issue of such State Building Services certificates of indebtedness shall be a continuing authority, subject to the limitations contained in the Act; and

“Whereas, in order to provide for the continuing authority to issue State Building Services certificates of indebtedness, the Act should be amended as hereinafter set forth;

“Now therefore….”

Effective Dates. Acts 1983, No. 458, § 22: Mar. 15, 1983. Emergency clause provided: “The General Assembly hereby finds and declares the present facilities for the housing of inmates committed to, or in the custody of, the Department of Correction are not adequate; that the facilities for the housing and other activities in connection with the prison agriculture and industry programs of the Department of Correction are not adequate; that our state-supported institutions of higher education are in need of additional facilities and equipment; that there is an urgent need to undertake the acquisition, construction, repair, renovation, alteration, maintenance and equipping of existing and/or new facilities of the Department of Correction and the state-supported institutions of higher education in order for them to continue to carry out their responsibilities and obligations. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health, and safety, shall be effective upon its passage and approval.”

Acts 1983, No. 895, § 6: July 1, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1983 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1983 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1983.”

Acts 1983 (1st Ex. Sess.), No. 112, § 6: Nov. 10, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly meeting in First Extraordinary Session that uncertainty exists as to the meaning of certain provisions of Act 458 of 1983 and that clarification of the meaning of such provisions of Act 458 of 1983 is essential to the efficient operation of state government. Therefore, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1987, No. 652, § 6: Apr. 4, 1987. Emergency clause provided: “The General Assembly hereby finds and declares that a need exists to provide for a continuing method of financing the construction of facilities for the housing of inmates committed to, or in the custody of, the Department of Correction; facilities for the housing and other activities in connection with the prison agricultural and industry programs of the Department of Correction; and facilities for institutions of higher education and that there is an immediate need to provide for such continuing authority to issue State Building Services certificates of indebtedness to provide adequate financing for the construction of such facilities. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health, and safety, shall be effective upon its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 86, § 13: Jan. 2, 1990. Emergency clause provided: “It is hereby found and determined by the General Assembly that the recent increase in violent crimes in this state has resulted in overcrowding in the prisons and local jails; that this act will provide a funding mechanism for construction of badly needed regional jails and correction facilities; that the proper administration of the provisions of this act requires that it become effective on a day certain. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall become effective January 2, 1990.”

Acts 1995 (1st Ex. Sess.), No. 9, § 9: Oct. 19, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly meeting in First Extraordinary Session, that the provisions of this Act are of critical importance to the operation, construction, and contracting of correctional facilities and endeavors and that the provisions of this Act are of critical importance to the safety and well being of the people of the State of Arkansas. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 974: Jan. 1, 1998.

Case Notes

Delegation of Legislative Power.

This subchapter did not create an unlawful delegation of legislative power. The members of the General Assembly need not themselves decide and specify in the statute what will be built, where it will be built, and what it will cost, and the administrative determination of those facts may properly be delegated to a subordinate agency. Wells v. Clinton, 282 Ark. 20, 666 S.W.2d 684 (1984).

Enactment.

This subchapter was not improperly passed merely because the Senate concurred by voice vote in the House's amendments, for the ayes and nays need not be recorded when one branch concurs in amendments by the other branch. Wells v. Clinton, 282 Ark. 20, 666 S.W.2d 684 (1984).

22-3-1201. Title.

This subchapter shall be known and may be cited as the “Public Facilities Finance Act of 1983”.

History. Acts 1983, No. 458, § 1; A.S.A. 1947, § 13-2601.

22-3-1202. Purpose.

It has been found by the General Assembly that adequate construction, equipping, maintenance, and operation of facilities for the Division of Correction and the state-supported institutions of higher education are essential to the well-being of this state and that the pledging of the motor vehicles safety inspection fee, the fees derived from the agriculture and livestock activities and rentals of farm properties, the fees collected from the sale or disposition of articles and products manufactured through the operations of the prison industries program, and the rental fees collected by state-supported institutions of higher education from tenants other than state agencies is essential to the fulfillment of the purposes of this subchapter.

History. Acts 1983, No. 458, § 14; A.S.A. 1947, § 13-2614; Acts 2019, No. 910, § 1005.

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction”.

22-3-1203. Definitions.

As used in this subchapter:

“Agency” or “state agency” means any agency, board, officer, commission, department, division, or institution of the State of Arkansas;
1. “Building” or “buildings” means any and all buildings and related facilities constructed or acquired and equipped for the housing of inmates committed to, or in the custody of, the Division of Correction; any and all buildings and related facilities constructed, acquired, or equipped for the purpose of expanding the prison agriculture and industry programs within the Division of Correction; and any and all buildings constructed, acquired, or equipped for any state-supported institution of higher education, the construction, acquisition, or equipping of which are authorized by this subchapter.
2. The term “building” or “buildings” means a single building or complex of buildings or an expansion of an existing building or complex of buildings as may be determined best to serve the needs of the Division of Correction or state-supported institutions of higher education and shall refer to and include such related structures, fixtures, and facilities as may be determined to be appropriate;
“Certificates of indebtedness” means certificates of indebtedness authorized by and issued pursuant to the provisions of this subchapter;
1. “Construct” or “construction” means to acquire, construct, reconstruct, remodel, expand, install, or equip all lands, buildings, structures, improvements, or other property, either real, personal, or mixed, which is useful in connection with the building, and to make other necessary expenditures in connection therewith by such methods and in such manner as the Building Authority Division shall determine to be necessary or desirable to accomplish the powers, purposes, and authorities set forth in this subchapter.
2. The term “construct” or “construction” shall be construed as including purchasing instructional equipment and major maintenance projects;
[Repealed.]
“Equip” means to install or place on or in any building or structure, or in connection with the use and operation of any building or structure, equipment of any and every kind, whether or not affixed, including, without limiting the generality of the foregoing, equipment used or employed in connection with the prison agriculture and industry programs; instructional equipment, materials, and books for use by any state-supported institution of higher education; and any and all library and reference books and materials;
“1977 Bonds” means the Arkansas State Building Services Department of Public Safety Revenue Bonds dated September 1, 1977, authorized by and issued under Acts 1977, No. 490;
“1979 Bonds” means the Arkansas State Building Services Department of Public Safety Revenue Bonds dated September 1, 1979, authorized by and issued under Acts 1977, No. 490;
“Pledged revenues” means all nontax revenues authorized by § 22-3-1210 to be pledged for the security and payment of the certificates of indebtedness; and
“Surplus moneys” means pledged revenues plus any assets in the Public Facilities Debt Service Fund in amounts over and above that required for debt service when it comes due.

History. Acts 1983, No. 458, §§ 2, 9; 1983, No. 895, § 3; 1983 (1st Ex. Sess.), No. 112, §§ 1, 2; A.S.A. 1947, §§ 13-2602, 13-2602.1, 13-2609; Acts 2016 (3rd Ex. Sess.), No. 2, §§ 61-63; 2016 (3rd Ex. Sess.), No. 3, §§ 61-63; 2019, No. 910, §§ 1006-1008.

Publisher's Notes. Acts 1977, No. 490, referred to in this section, appears in the Title 19 Appendix.

The 2019 amendment substituted “Division of Correction” for “Department of Correction” twice in (2)(A) and in (2)(B); deleted “of the Department of Finance and Administration” following “Building Authority Division” in (4)(A); and repealed (5).

22-3-1204. Provisions exclusive and overriding.

This subchapter shall be the complete and sole authority for the establishment of the purposes set forth in this subchapter.
To the extent that there is a conflict between the purposes of this subchapter and Chapter 2 of this title, the provisions of this subchapter shall govern.

History. Acts 1983, No. 458, § 19; A.S.A. 1947, § 13-2617.

22-3-1205. Powers of Building Authority Division generally.

In addition to the powers, purposes, and authorities set forth elsewhere in this subchapter or in other laws, the Building Authority Division is authorized and empowered to:
1. Acquire, construct, repair, renovate, alter, maintain, and equip existing or new buildings and capital improvements and the sites upon which they are situated for use by the Division of Correction for the housing, treatment, care, and rehabilitation of inmates committed to or in the custody of the Division of Correction;
2. Acquire, construct, repair, renovate, alter, maintain, and equip existing or new buildings and capital improvements and the sites upon which they are situated for use by the Division of Correction for the prison agriculture and industry programs;
3. Acquire, construct, repair, renovate, alter, maintain, and equip existing or new buildings and capital improvements and the sites upon which they are situated for use by state-supported institutions of higher education;
4. Redeem or pay and discharge, or provide therefor, the outstanding 1977 Bonds and 1979 Bonds;
5. Obtain the necessary funds for accomplishing its powers, purposes, and authorities from any source, including, without limitation, the proceeds of certificates of indebtedness issued under this subchapter; funds appropriated and made available under Chapter 2 of this title; and funds, if any, appropriated for the buildings defined in this subchapter;
6. Purchase, lease or rent, and receive the bequests or donations of, or otherwise acquire, sell, trade, or barter any property either real, personal, or mixed, and convert such property into money or other property;
7. Contract and be contracted with;
8. Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, any state or governmental body or political subdivision, any public or private corporation or organization of any nature, or any individual;
9. Invest and reinvest any of the Building Authority Division’s moneys in securities selected by the Building Authority Division; and
10. Take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers, purposes, and authorities set forth in this subchapter and to carry out the intent of this subchapter.
The powers, purposes, and authorities set forth in subsection (a) of this section shall be carried out in accordance with the duly promulgated policies of the Building Authority Division, under and pursuant to Chapter 2 of this title.

History. Acts 1983, No. 458, § 3; A.S.A. 1947, § 13-2603; Acts 2016 (3rd Ex. Sess.), No. 2, § 64; 2016 (3rd Ex. Sess.), No. 3, § 64; 2019, No. 910, § 1009.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the section heading and in the introductory language of (a); and substituted “division” for “Arkansas Building Authority Council” in (b).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a); and substituted “Division of Correction” for “Department of Correction” in (a)(1) twice and in (a)(2).

22-3-1206. Plan for proposed construction — Hearings and review — Filing of financial statement.

Before certificates of indebtedness as authorized by this subchapter may be issued by the Building Authority Division and purchased by the State Board of Finance, the division shall develop a plan for all proposed construction work to be performed, the location at which the work is to be performed, and the proposed use of the improvements to be carried out under the construction, together with the estimated cost thereof, and shall file a copy thereof with the Legislative Council, the Governor, and the Chief Fiscal Officer of the State at least sixty (60) days prior to the issuance of the certificates of indebtedness.
1. Upon receipt of a copy of a plan for proposed construction, the Legislative Council shall review the plan and may hold hearings in connection therewith, and upon the conclusion of the hearings and review, the Legislative Council may offer such advice to the division as it deems appropriate in accomplishing the purposes set forth in this subchapter.
2. Copies of the advice of the Legislative Council shall be furnished to the division, the Governor, and the Chief Fiscal Officer of the State for their respective review and consideration.
3. Nothing in this subsection is intended to prohibit or limit the authority of the division to proceed in accordance with the purposes and intent of this subchapter, but in each instance in which the division shall elect not to follow the advice of the Legislative Council, the division shall file a written statement of the reasons therefor with the Legislative Council within thirty (30) days after receiving the advice of the Legislative Council.
4. The Legislative Council shall report to the next following regular session of the General Assembly its advice offered to the division in performing its duties under the provisions of this subchapter and shall attach to the report any statements in writing filed with the Legislative Council by the division setting forth its reasons for not following the advice of the Legislative Council.
1. Whenever any certificates of indebtedness are issued under the provisions of this subchapter, the division shall thereafter quarterly file with the Legislative Council a detailed financial statement reflecting all expenditures or transfers of funds, by major categories, made during the calendar quarter.
2. The division shall furnish the Legislative Council additional information concerning the use of funds provided in this subchapter that the Legislative Council may reasonably request.

History. Acts 1983, No. 458, § 20; A.S.A. 1947, § 13-2618; Acts 2016 (3rd Ex. Sess.), No. 2, § 65; 2016 (3rd Ex. Sess.), No. 3, § 65; 2019, No. 910, § 6197.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

22-3-1207. Certificates of indebtedness — Issuance and purchase authorized.

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

History. Acts 1983, No. 458, § 4; 1983 (1st Ex. Sess.), No. 112, § 3; A.S.A. 1947, § 13-2604; Acts 1987, No. 652, § 2; 2016 (3rd Ex. Sess.), No. 2, § 66; 2016 (3rd Ex. Sess.), No. 3, § 66; 2019, No. 910, § 6198.

The 2019 amendment, in (a)(1), substituted “Director of the Building Authority Division” for “Building Authority Division of the Department of Finance and Administration” and inserted “and the Secretary of the Department of Transformation and Shared Services”.

22-3-1208. Certificates of indebtedness — Terms and execution.

1. The certificates of indebtedness shall be in such form and denomination, and shall have such dates and maturities, and may be issued in such series, as the Building Authority Division shall determine.
2. The schedule of principal and interest maturities shall be arranged so that the aggregate amount maturing each year, except for the initial year or portion thereof, shall be equal, to the nearest hundred dollars, to each other annual installment, and that not more than twenty-one (21) years from date of issue will be required to retire all the certificates of any one (1) issue or series of certificates of indebtedness.
The certificates shall contain a provision providing for their redemption in advance of maturity, at par, in inverse number order, at the option of the division.
1. The certificates shall bear interest from the date of issuance at the rate of eight and one-half percent (8½%) per annum, payable semiannually on January 1 and July 1; the payment of the interest is to be evidenced by endorsement on the certificates by the Treasurer of State.
2. Payment of the principal of and interest on the certificates shall be made in lawful money of the United States at the office of the Treasurer of State.
The certificates of indebtedness shall be executed on behalf of the division by the Secretary of the Department of Transformation and Shared Services.

History. Acts 1983, No. 458, § 5; A.S.A. 1947, § 13-2605; Acts 1987, No. 652, § 3; 2016 (3rd Ex. Sess.), No. 2, § 67; 2016 (3rd Ex. Sess.), No. 3, § 67; 2019, No. 910, §§ 6199, 6200.

22-3-1209. Certificates of indebtedness — Pledge of revenues and restrictions generally.

The certificates shall be the obligations of the Building Authority Division, and the nontax revenues available to the division under the provisions of § 22-3-1210, as distinguished from any tax moneys which may be made available for the operation of the division, are pledged to secure the payment of the certificates.
The certificates shall contain a provision that neither the faith nor credit of the State of Arkansas nor any of its revenues are pledged to the payment of the certificates and that the debt is not the obligation of the division.

History. Acts 1983, No. 458, § 4; A.S.A. 1947, § 13-2604; Acts 2016 (3rd Ex. Sess.), No. 2, § 68; 2016 (3rd Ex. Sess.), No. 3, § 68; 2019, No. 910, § 6201.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in (a), substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” and “division” for “authority” twice; and substituted “division” for “individual members of the Arkansas Building Authority Council nor of the Director of the Arkansas Building Authority” at the end of (b).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

22-3-1210. Certificates of indebtedness — Public Facilities Debt Service Fund.

The principal of and interest on the certificates of indebtedness issued under this subchapter shall be secured, except as stated in subdivision (c)(1) of this section, by a lien on and pledge of:
1. All revenue derived from payments by the Arkansas Development Finance Authority pursuant to § 22-3-1225(b) which is a portion of the funds received by the Arkansas Development Finance Authority from the sale of certificates for the inspection of motor vehicles;
2. All moneys from the sale of or disposition of farm products, livestock, or other products produced in connection with the agriculture and livestock activities at any institution under the control of the Board of Corrections or any successor entity, excluding those moneys that may be accountable from, or the value of, products consumed within the Division of Correction and from rental of farm properties under the control of the board or any successor entity;
3. All moneys from the sale or disposition of articles and products manufactured or produced by prison labor through the operations of the prison industry program, excluding those moneys that may be accountable from, or the value of, articles and products used or consumed within the Division of Correction; and
4. Fifty percent (50%) of the gross revenue, if any, derived from the leasing or renting to tenants, other than state agencies, of space in any new facility constructed or acquired with proceeds of any certificates issued under this subchapter.
The pledging of the revenues enumerated in subsection (a) of this section, which are, collectively, the pledged revenues, is authorized. All pledged revenues are specifically declared to be nontax revenues restricted in their use and dedicated to be used solely as provided and authorized in this subchapter.
1. 1. Moneys described in subdivision (a)(2) of this section are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in § 15-5-213. The cash funds when received by the Division of Correction shall not be deposited into or deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provision related thereto. The Division of Correction shall pay such cash funds to the Arkansas Development Finance Authority for deposit into the Correction Facilities Privatization Account of the Correction Facilities Construction Fund for the purposes authorized by § 15-5-213. The cash funds described in this subsection shall not be subject to appropriation to the extent required for debt service.
  2. Commencing on the first day of the month next succeeding the issuance of certificates of indebtedness under this subchapter, but not before July 1, 1983, and so long as any certificates are outstanding under this subchapter, the pledged revenues, except as provided herein, shall be deposited into the State Treasury as and when received by the Division of Correction, by the Building Authority Division, by state-supported institutions of higher education, or by any other state agency, as the case may be, to the credit of a fund to be designated the “Public Facilities Debt Service Fund”.
2. So long as any certificates of indebtedness are outstanding under this subchapter, all moneys in the Public Facilities Debt Service Fund shall be used solely for payment and redemption of the outstanding 1977 Bonds and the 1979 Bonds, as authorized in this subchapter, for the payment of the principal of and interest on the certificates of indebtedness as authorized in this subchapter, for transfer of such amounts designated in subsection (a) of this section from time to time, as deemed necessary by the Chief Fiscal Officer of the State, to the Correction Facilities Privatization Account of the Correction Facilities Construction Fund established in § 15-5-213, and for the transfer of surplus moneys as defined in the authorizing resolution in the State Treasury for credit to the designated Division of Correction funds, in accordance with the provisions of this subchapter.
1. The principal of and interest on the certificates of indebtedness shall be payable solely from the Public Facilities Debt Service Fund and from the moneys required by this subchapter to be deposited into the Public Facilities Debt Service Fund.
2. The Building Authority Division is directed to insert appropriate provisions in the authorizing resolution for the investing and reinvesting of moneys in the Public Facilities Debt Service Fund in securities selected by the Building Authority Division, and all income derived therefrom shall be and become a part of the Public Facilities Debt Service Fund.
So long as there are outstanding certificates of indebtedness issued under this subchapter, the General Assembly may eliminate or change any source of revenue pledged in connection with the certificates but only on the condition that there is always maintained in effect and made available for the payment of outstanding certificates sources of nontax revenues and fees which produce revenues, as distinguished from tax revenues, at least sufficient in amount to provide for the payment when due of the principal of and interest on the outstanding certificates of indebtedness and to comply with all covenants provided in this subchapter.
Nothing in this section is intended to prohibit the Building Authority Division from investing moneys received under this section, as provided in this subchapter.

History. Acts 1983, No. 458, § 9; A.S.A. 1947, § 13-2609; Acts 1989 (3rd Ex. Sess.), No. 86, § 2; 1995 (1st Ex. Sess.), No. 9, § 1; 2016 (3rd Ex. Sess.), No. 2, § 69; 2016 (3rd Ex. Sess.), No. 3, § 69; Acts 2019, No. 910, §§ 1010-1012, 6202.

Publisher's Notes. Acts 1989 (3rd Ex. Sess.), No. 86, § 1, provided:

“The General Assembly of the state of Arkansas hereby finds and declares that it is critical for the state to find methods to obtain additional correction facilities and regional jails for use by the Arkansas Department of Correction and the cities and counties within the state in order to alleviate severe jail overcrowding. It has also determined that it is in the best interest of the state to provide a means by which the Arkansas Development Finance Authority can finance the construction and equipping of such correction and jail facilities and to provide a source of cash funds to the Authority to be used solely for such purposes.”

Acts 1989 (3rd Ex. Sess.), No. 86, § 9, provided:

“Nothing in this act shall be construed to prohibit any other source of financing or funding, either public or private, for the construction of correction facilities and regional jails.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in (a), substituted “Department of Correction” for “department” in (a)(3), twice in (c)(1)(A), and in (c)(1)(B) and (c)(2); substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (c)(1)(B); and substituted “division” for “Arkansas Building Authority” twice in (d)(2) and in (f).

The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (a)(2), (a)(3), (c)(1)(A) twice, (c)(1)(B), and (c)(2); deleted “of the Department of Finance and Administration” following “Building Authority Division” in (c)(1)(B); and substituted “Building Authority Division” for “division” in (f).

22-3-1211. Certificates of indebtedness — Tax exemption.

Certificates of indebtedness issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes.

History. Acts 1983, No. 458, § 15; A.S.A. 1947, § 13-2615.

22-3-1212. Certificates of indebtedness — Funds used for purchase — Retirement.

1. The state funds which may be used by the State Board of Finance in making the purchases of the certificates of indebtedness are those specifically referred to under the provisions of the State Treasury Management Law, § 19-3-501 et seq.
2. All certificates purchased or received shall be held in trust for the use and benefit of the various state funds used in the purchase.
With respect to each certificate of indebtedness, at maturity thereof, the Treasurer of State shall:
1. Withdraw the certificate from the Securities Account, charge the Securities Account with the principal thereof, and cancel the certificate;
2. Withdraw from the Public Facilities Debt Service Fund established by this subchapter the aggregate amount of principal and interest then due on the certificate;
3. Deposit into the State Treasury to the credit of the Cash Account that part of the aggregate amount representing the principal indebtedness evidenced by the certificate; and
4. Deposit into the Securities Reserve Fund, as nonrevenue receipts, that part of the aggregate amount representing interest then due on the certificate.
The certificates of indebtedness which have been paid and cancelled by the Treasurer of State shall be delivered to the Building Authority Division.

History. Acts 1983, No. 458, § 7; A.S.A. 1947, § 13-2607; Acts 2019, No. 910, § 6203.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (c).

22-3-1213. Certificates of indebtedness — Alternative method of payment.

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

History. Acts 1983, No. 458, § 8; A.S.A. 1947, § 13-2608; Acts 2016 (3rd Ex. Sess.), No. 2, § 70; 2016 (3rd Ex. Sess.), No. 3, § 70; 2019, No. 910, § 6204.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

22-3-1214. Certificates of indebtedness — Disposition of proceeds.

Proceeds from the sale of the certificates of indebtedness shall be deposited into the State Treasury as follows:

All funds held as a debt service reserve fund in the Public Facilities Debt Service Fund pursuant to the provisions hereof and the earnings thereon shall be applied on or after January 2, 1990, to redeem, to the extent possible, certificates of indebtedness identified as Series B; and
The remainder thereof shall be credited as trust funds to the “Public Facilities Construction Fund”, which is established by this subdivision (2), and shall be used only for the redemption of the 1977 Bonds and the 1979 Bonds and for the construction of buildings authorized under this subchapter.

History. Acts 1983, No. 458, § 6; A.S.A. 1947, § 13-2606; Acts 1989 (3rd Ex. Sess.), No. 86, § 3.

Publisher's Notes. As to legislative finding and declaration of Acts 1989 (3rd Ex. Sess.), No. 86, see Publisher's Notes, § 22-3-1210.

As to construction of Acts 1989 (3rd Ex. Sess.), No. 86, see Publisher's Notes, § 22-3-1210.

22-3-1215. [Repealed.]

Publisher's Notes. This section, concerning outstanding bonds, pledged revenues, discharge and the effect of election not to redeem, was repealed by Acts 1989 (3rd Ex. Sess.), No. 86, § 10. The section was derived from Acts 1983, No. 458, §§ 9, 10; A.S.A. 1947, §§ 13-2609, 13-2610.

22-3-1216. Authorizing resolution as enforceable contract — Covenants.

Any authorizing resolution shall, together with this subchapter, constitute a contract between the Building Authority Division, and the State Board of Finance, and the Treasurer of State, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with its terms and provisions, and the covenants, agreements, and obligations of the division may be enforced by mandamus or other appropriate proceeding at law or in equity. In this regard, the division is expressly authorized to include in any authorizing resolution all or part of the following covenants:

That, to the fullest extent possible, the division will continuously operate any and all facilities constructed pursuant to the authority of this subchapter as revenue-producing undertakings, including the maintenance, occupancy, and use of facilities and space so as to avoid any impairment of the security for the certificates of indebtedness; and
That, to the fullest extent possible, the division will always charge, impose, and collect sufficient revenues, including, without limitation, rentals to meet as due all debt service requirements, and otherwise comply with any provisions of authorizing resolutions concerning revenues and funds.

History. Acts 1983, No. 458, § 13; A.S.A. 1947, § 13-2613; Acts 2016 (3rd Ex. Sess.), No. 2, § 71; 2016 (3rd Ex. Sess.), No. 3, § 71; 2019, No. 910, § 6205.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in the first paragraph, substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” and “division” for “authority” twice.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language.

22-3-1217. Disposition of revenues from agricultural and livestock activities of correctional facility.

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 federal 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. 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.

History. Acts 1983, No. 458, § 11; A.S.A. 1947, § 13-2611; Acts 2016 (3rd Ex. Sess.), No. 2, § 72; 2016 (3rd Ex. Sess.), No. 3, § 72; 2019, No. 910, §§ 1013, 6206.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in (b)(2), substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” and “Department of Correction” for “department”.

The 2019 amendment substituted “Division of Correction” for “Department of Correction” and “division” for “department” throughout the section; and deleted “of the Department of Finance and Administration” following “Building Authority Division” in (b)(2).

22-3-1218. Disposition of revenues from prison labor.

1. Prior to the issuance of certificates of indebtedness as authorized by this subchapter, all moneys collected by the Board of Corrections from the sale or disposition of articles and products manufactured or produced by prison labor shall be forthwith deposited with the Treasurer of State, to be there kept and maintained as a special revolving account designated as the “Division of Correction Prison Industries Fund” as authorized by law. The moneys so collected and deposited shall be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of the industries program within the Division of Correction as well as for the payment of the necessary personnel in charge thereof and to otherwise defray the necessary expenses incident thereto, all of which shall be under the direction and subject to the approval of the board.
2. The Division of Correction Prison Industries Fund shall never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this subchapter.
3. When, in the opinion of the board, the Division of Correction Prison Industries Fund has reached a sum in excess of the requirements of this subchapter, the excess shall be transferred, upon certification to the Chief Fiscal Officer of the State by the board, to the Division of Correction Inmate Care and Custody Fund Account.
1. Commencing on the first day of the month next succeeding the issuance of any certificates of indebtedness as authorized by this subchapter, the moneys described in this section shall be pledged revenues, as stated in § 22-3-1210, and shall be deposited into the Public Facilities Debt Service Fund as established in § 22-3-1210.
2. Any surplus prison industries moneys in the Public Facilities Debt Service Fund, as defined in the authorizing resolution, shall be transferred into the Division of Correction Prison Industries Fund upon certification by the Building Authority Division to the Chief Fiscal Officer of the State, to the Treasurer of State, and to the Auditor of State. The moneys are to be used for the maintenance, operation, and improvement of the prison industries programs of the Division of Correction, as provided by law.
3. Such moneys deposited into the Division of Correction Prison Industries Fund as the Division of Correction shall determine not to be necessary in defraying the expenses of operating the industries programs of the Division of Correction, upon certification thereof by the board to the Chief Fiscal Officer of the State, shall be transferred by the Chief Fiscal Officer of the State from the Division of Correction Prison Industries Fund to the Division of Correction Inmate Care and Custody Fund Account within the State General Government Fund to be used to supplement general revenues provided for the maintenance, operation, and improvement of the Division of Correction, as provided by law.

History. Acts 1983, No. 458, § 12; A.S.A. 1947, § 13-2612; Acts 2016 (3rd Ex. Sess.), No. 2, § 73; 2016 (3rd Ex. Sess.), No. 3, § 73; 2019, No. 910, § 1014.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in (b)(2), substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in the first sentence and “Department of Correction” for “department” in the second sentence.

The 2019 amendment substituted “Division of Correction Prison Industries Fund” for “Department of Correction Prison Industries Fund” throughout the section; substituted “Division of Correction” for “Department of Correction” in the second sentences of (a)(1) and (b)(2), and in (b)(3); and, in (b)(3), substituted “Division of Correction Inmate Care and Custody Fund Account” for “Department of Correction Inmate Care and Custody Fund Account” and “Division of Correction” for “department” preceding “upon certification”.

22-3-1219. Employment of architects and other professionals — Notice for bids for construction.

The Building Authority Division is authorized to employ architects to prepare plans, specifications, and estimates of costs for the construction of any and all facilities authorized by the provisions of this subchapter and to supervise and inspect the construction.
After the division has approved the plans and specifications prepared by the architect, the division shall proceed to advertise for bids and contract for the construction of facilities in accordance with applicable laws governing the construction of public buildings.
The division is authorized to engage and pay such professional, technical, and other help as the division determines to be necessary or desirable in assisting the division to carry out effectively the authorities, functions, powers, and duties conferred and imposed upon the division by this subchapter.

History. Acts 1983, No. 458, § 16; A.S.A. 1947, § 13-2616; Acts 2016 (3rd Ex. Sess.), No. 2, § 74; 2016 (3rd Ex. Sess.), No. 3, § 74; 2019, No. 910, § 6207.

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (a); in (b), substituted “division has” for “authority shall have”, “the division” for “it”, and deleted “any and all” preceding “facilities”; and, in (c), substituted “division” for “authority”, “the division determines” for “it shall determine”, and “the division” for “it” twice.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

22-3-1220 — 22-3-1224. [Reserved.]

The Arkansas Development Finance Authority shall establish in its records a trust fund to be entitled the “Prison Construction Trust Fund”. All moneys derived by or remitted to the Arkansas Development Finance Authority, from the sale of annual license plate validation decals, pursuant to § 27-14-1015(c), shall be deposited to the credit of the Prison Construction Trust Fund. The moneys in the Prison Construction Trust Fund shall not be general funds or revenues of the Arkansas Development Finance Authority and shall not be subject to the claims of the general creditors of the Arkansas Development Finance Authority.
The Arkansas Development Finance Authority shall pay from the Prison Construction Trust Fund into the Public Facilities Debt Service Fund created by §§ 19-5-932 and 22-3-1210 the amount necessary, when added to other funds listed in § 22-3-1210, to pay the next-succeeding principal and interest payment for the certificates of indebtedness, but not to exceed twenty-five cents (25¢) times the number of annual license plate validation decals sold by the Department of Finance and Administration in each six-month period. Such payments shall be made by the Arkansas Development Finance Authority semiannually two (2) business days prior to each July 1 and January 1 so long as the certificates of indebtedness permitted by the Public Facilities Finance Act of 1983, § 22-3-1201 et seq., are outstanding. All such payments by the Arkansas Development Finance Authority to the Public Facilities Debt Service Fund shall cease when the certificates of indebtedness have been paid or redeemed.
All other funds in the Prison Construction Trust Fund shall be segregated, held, and used by the Arkansas Development Finance Authority solely to fund, or to provide for the funding of, the construction and equipping of:
1. Correction or prison facilities to be used by the Division of Correction;
2. Regional jail facilities operated by the Division of Correction; or
3. Regional jail facilities operated jointly by cities, counties, or regional jail commissions.
The Arkansas Development Finance Authority shall be authorized to fund or to provide for the funding of facilities described in subdivisions (c)(1)-(3) of this section by loans, leases, other contracts, or the issuance of bonds all in accordance with the provisions of the Arkansas Development Finance Authority Act, § 15-5-101 et seq., and §§ 15-5-201 — 15-5-211, 15-5-213, and 15-5-301 — 15-5-316, and to pledge the cash funds collected by it from the sale of annual license plate validation decals and deposited into the Prison Construction Trust Fund, after payment of the amounts as specified in subsection (b) of this section to the repayment of any loans, leases, contracts, or bonds.
The Arkansas Development Finance Authority shall not fund or provide for the funding of any facility described in subsection (c) of this section to be operated or utilized by the Division of Correction unless the project, the plans therefor, and the construction thereof have been reviewed and approved by the Building Authority Division. The Arkansas Development Finance Authority shall not fund or provide for the funding of any other regional jail facility not utilized by the Division of Correction unless the project is in compliance with the minimum standards for jail facilities adopted by the state.

History. Acts 1989 (3rd Ex. Sess.), No. 86, § 8; 1997, No. 974, §§ 12-14; 2016 (3rd Ex. Sess.), No. 2, § 75; 2016 (3rd Ex. Sess.), No. 3, § 75; 2019, No. 910, §§ 1015, 1016.

Publisher's Notes. Acts 1989 (3rd Ex. Sess.), No. 86, § 1, provided:

Acts 1989 (3rd Ex. Sess.), No. 86, § 9, provided:

“Nothing in this act shall be construed to prohibit any other source of financing or funding, either public or private, for the construction of correction facilities and regional jails.”

The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (c)(1), (c)(2), and (e) twice; and deleted “of the Department of Finance and Administration” at the end of the first sentence of (e).

Cross References. Authority of Director of Department of Finance and Administration to implement provisions of this section, § 27-13-103.

22-3-1226. [Transferred.]

Publisher's Notes. Acts 1997, No. 974, § 19, was codified as § 22-3-1226 in error. Acts 1997, No. 974, § 19, is codified as § 27-13-103.

Subchapter 13 — Vendors

Effective Dates. Acts 1969, No. 201, § 16: Mar. 7, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that at the present time there is no law in this state which gives blind persons a preference in the establishment of vending facilities on state property; that it is the policy of this state to assist blind persons to become self-supporting; that the giving of such preference will further the policy of the state to promote employment of the blind; and, that this act is immediately necessary to accomplish this purpose. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1975, No. 906, § 4: Apr. 7, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the cafeteria facilities located in the State Capitol were not intended to be included under Acts 1969, No. 201, in the giving of preference to blind persons in the establishment of vending facilities on state property, and that said cafeteria facilities are currently deemed necessary for the interest of the employees of the state. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1983, No. 768, § 3: Mar. 24, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that Section 1 of Act 906 of 1975 needs immediate amending because of the present requirement of the Department of Correction to forward profits from these vending facilities to the Arkansas Vending Stand Program for the Blind. These profits aid in funding of services for the Department of Correction employees that otherwise would be unavailable. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force after its passage and approval.”

Acts 1987, No. 1049, § 9: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1991, No. 1022, § 5: Apr. 8, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that clarification needs to be provided in existing law concerning the affect of student program changes on licensed vending facilities operated by blind persons. That this act provides such clarification and also provides a mechanism for resolution of the current situation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 750, § 5: Mar. 22, 1999. Emergency clause provided: “It is found and determined by the Eighty-second General Assembly of the State of Arkansas that certain private businesses have entered into lease agreements in state-owned buildings with State Building Services and have invested valuable time and money to build small businesses in reliance on those agreements, that some of those businesses are now threatened with termination by effect of law without recourse or appeal, and that it creates an inequitable situation which can only be remedied by changing the law to allow for an extension of those leases in effect on June 1, 1999 with State Building Services. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

22-3-1301. Definitions.

As used in this subchapter:

“Blind” or “blind person” means a person having not more than 20/200 visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle of no greater than twenty degrees (20°);
“Blind operator” and “blind vending facility operator” mean a blind person, as defined in subdivision (1) of this section, who is licensed by the licensing agency to operate a vending facility, as defined in subdivision (8) of this section;
“Licensing agency” means the Division of Services for the Blind of the Department of Human Services;
“Regular vending facility” means a vending facility where food preparation or cooking is not done on state property;
“State agency” means a department, commission, agency, or instrumentality of state government or operation;
“State agency administrator” means the head of each department, commission, or agency, or constitutional officer or official, in control of the maintenance, operation, and protection of state property;
“State property” or “state building” means buildings and land owned, leased, or otherwise controlled by the state, except the cafeteria located in the State Capitol; and
“Vending facility” means a snack bar, cafeteria, restaurant, cafe, concession stand, vending service from coin-operated machines, vending stands, cart service, or other facilities at which food, drinks, novelties, newspapers, periodicals, confections, souvenirs, tobacco products, or related items are regularly sold.

History. Acts 1969, No. 201, § 13; 1975, No. 906, § 2; A.S.A. 1947, § 80-2585.

22-3-1302. Applicability.

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

Vending facilities operated by universities and colleges or the vending facilities provided as an integral part of their services to students or as a training program for students;
Food service provided by hospitals or residential institutions of the state as a direct service to patients, inmates, correctional staff, trainees, or otherwise institutionalized persons; and
The cafeteria located in the basement of the State Capitol. However, the exemption of the cafeteria located in the basement of the State Capitol shall in no way affect the continued operation of the blind vending facility on the third floor of the State Capitol.

History. Acts 1969, No. 201, § 12; 1975, No. 906, § 1; 1983, No. 768, §§ 1, 2; A.S.A. 1947, § 80-2584.

22-3-1303. Preference to blind persons to operate vending facilities on state property.

For the purpose of assisting blind persons to become self-supporting and to further promote employment of the blind in Arkansas, state agency administrators shall assure that preference is given to the licensing agency in authorizing the operation of vending facilities on state property through the organized vending facility program operated by the licensing agency.
The licensing agency shall give preference in the assignment of state vending facilities to blind persons in need of employment who have been licensed to operate vending facilities in Arkansas for the dispensing of such items as, but not limited to, newspapers, periodicals, confections, tobacco products, and articles, including food and beverages, as may be dispensed automatically or manually and in accordance with all applicable health laws.
It shall be the duty of state agency administrators to negotiate and cooperate in good faith to accomplish the purpose of this subchapter to ensure that vending facilities operated on state property provide employment opportunities for the blind. Upon request of the licensing agency, state agency administrators shall prescribe rules designed both to assure that these facilities benefit the blind and to assure preference for licensed blind operators.

History. Acts 1969, No. 201, §§ 1, 2, 9; A.S.A. 1947, §§ 80-2573, 80-2574, 80-2581; Acts 2019, No. 315, § 2360.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the second sentence in (c).

Cross References. Preference for licensed blind vendors, vocational-technical schools, § 6-53-106.

22-3-1304. License required to operate vending facility.

No blind person may operate a vending facility, including any vending machine or other coin-operated device, on state property unless licensed to do so by the licensing agency.

History. Acts 1969, No. 201, § 4; A.S.A. 1947, § 80-2576.

22-3-1305. Issuance of licenses.

The licensing agency shall issue licenses to operate vending facilities on state property to blind persons who are in need of employment and who are capable of efficiently operating the vending facility in a manner resulting in reasonable satisfaction for all parties concerned.
No blind person shall be issued a license as an operator until adequate training has been provided by the licensing agency.
The license is to be issued for an indefinite period of time and may be terminated by the licensing agency for just cause.
The license shall be issued to qualified blind individuals without regard to race, color, or national origin.

History. Acts 1969, No. 201, § 5; A.S.A. 1947, § 80-2577.

22-3-1306. Duties of licensing agency upon request for vending facility.

Upon written or verbal request from a state agency administrator that a vending facility is desired on state property, or upon its own initiative, the licensing agency shall:

Survey the property, blueprints, plans, or other available information to determine if the installation of a vending facility would be feasible and profitable and notify the state agency administrator as to the plans of the licensing agency in regard to developing the vending facility; in new construction, the survey shall be conducted before construction contracts are awarded;
Provide adequate initial inventory and stocks to make vending facilities operational and provide and install proper equipment and fixtures for all regular vending facilities; and
Supervise the overall installation of equipment for the vending facility and supervise the blind licensed operator in the day-to-day operation and management of the vending facility to ensure compliance with the policies and procedures set down by mutual agreement between the licensing agency and the state agency administrator for whom the vending facility is to be provided.

History. Acts 1969, No. 201, § 3; A.S.A. 1947, § 80-2575.

22-3-1307. Selection of location — Provision of utilities, space, and services.

The state agency administrators shall cooperate with the licensing agency in the selection of a suitable location for vending facilities and shall provide proper space, plumbing, lighting, and electrical outlets for the vending facility in the original planning and construction or in the alteration and renovation of present state property.
The state agency administrators shall provide necessary utilities, janitorial service, and garbage disposal for the operation of the vending facility.
Space for all vending facilities and their operational utility cost shall be provided rent-free by the state agency.

History. Acts 1969, No. 201, § 8; A.S.A. 1947, § 80-2580.

22-3-1308. State property unable to support vending facility — Coin-operated machines.

State agency administrators of state property where the total number of persons using the property daily would produce insufficient profits, as determined by the licensing agency, to support a vending facility and a living wage for a blind person shall grant a preference to the licensing agency in securing proper coin-operated vending machines for the state property if the property houses or serves fifty (50) persons or more.
Profits from these coin-operated vending machines shall accrue to the Arkansas Vending Stand Program for the Blind to be used in the vending facility program for the blind under this subchapter.

History. Acts 1969, No. 201, § 7; A.S.A. 1947, § 80-2579.

22-3-1309. Vending facilities for state property housing or serving fifty (50) or more persons.

In the design, construction, alteration, or renovation of state property housing or serving fifty (50) persons or more, there shall be included a satisfactory site or sites with space and electrical and plumbing outlets suitable for the location and operation of a vending facility. State property housing or serving fifty (50) persons or more shall include any space or building rented, leased, or otherwise acquired for use by any department, agency, or instrumentality of the state.
The licensing agency shall, before the letting of the contract, survey plans or blueprints in accordance with § 22-3-1306(1).
1. The vending facility shall be operated by a blind person if sufficient profit potential is available to produce a living wage.
2. If sufficient profit potential is not available, coin-operated vending machines may be installed in the site with the profits accruing to the Arkansas Vending Stand Program for the Blind.
In new construction, major alteration, or renovation of state property where, in the opinion of the state agency administrator, complete meal-type food service or cafeteria service is necessary, the heavy equipment necessary for the preparation, cooking, preserving, and serving of the food shall be furnished and installed as part of the overall construction, alteration, or renovation cost by the state agency.

History. Acts 1969, No. 201, § 10; A.S.A. 1947, § 80-2582.

22-3-1310. Existing vending facilities operated by blind persons.

On state property where a vending facility is presently being operated by a blind licensed operator and before any additional or different provisions or arrangements are made for the sale or dispensing of articles or services of the type enumerated in § 22-3-1303(b), the licensing agency shall be given an opportunity to determine if the articles or services might be sold or dispensed in a manner designed to provide additional income or employment opportunities for the blind through the licensing agency's program.
The responsibility for securing proper coin-operated vending machines or other vending facilities for the property shall be with the licensing agency, upon request by the state agency administrator.

History. Acts 1969, No. 201, § 6; A.S.A. 1947, § 80-2578.

22-3-1311. Termination of contracts with sighted vendors.

On state property where vending facilities are being operated by those other than the blind, when the present contract or agreement expires or is terminated for any reason or when a change in the present vending facility is imminent, the future planned vending facility for such state property shall be covered by this subchapter, and state agency administrators shall contact the licensing agency to assure preference for the blind. Provided, however, leases executed under § 22-2-114 prior to June 1, 1999, shall not be considered a contract or agreement within this subchapter if the property is owned by the Building Authority Division.

History. Acts 1969, No. 201, § 11; A.S.A. 1947, § 80-2583; Acts 1999, No. 750, § 1; 2019, No. 910, § 6208.

Amendments. The 1999 amendment added the proviso; and made stylistic changes.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

22-3-1312. Maintenance of physical facilities.

The Division of Services for the Blind of the Department of Human Services shall retain a portion of the proceeds derived from the vending stand program to be used for the benefit of maintaining the physical facilities of the vending stand program. The expenditures shall be limited to renovation of existing space, replacement of furniture or equipment, repairs, and other expenses necessary to maintain the vending stand program.

History. Acts 1987, No. 1049, § 5.

22-3-1313. Food service training program — Vending facility.

Should a state agency operate or develop as an integral part of its student program a food service training program, the state agency administrator or governing board of the state-supported facility shall notify the licensing agency of the program change.
The licensing agency shall contract with the state agency administrator or governing board of the state-supported facility for any continuance of the vending facility located at the state agency. Such continuance shall provide for the existence of both the food service student training program and the vending facility, if possible. The state licensing agency shall determine the feasibility of such continuance.

History. Acts 1991, No. 1022, § 1.

Subchapter 14 — State Agencies Facilities Acquisition Act of 1991

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

Effective Dates. Acts 1993, No. 829, § 6: Apr. 1, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that absence of authority for State Building Services to construct ancillary facilities to enhance the utilization of facilities now used for housing state agencies prevents the effecting of substantial savings and economies in housing state agencies which can only be alleviated by the passage of this act. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

22-3-1401. Title.

This subchapter shall be known and cited as the “State Agencies Facilities Acquisition Act of 1991”.

History. Acts 1991, No. 1173, § 1.

22-3-1402. Construction.

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

History. Acts 1991, No. 1173, §§ 4, 15, 16; 1993, No. 829, § 1; 1999, No. 1182, § 1.

Amendments. The 1999 amendment deleted former (c).

22-3-1403. Definitions.

As used in this subchapter:

“Agency” or “state agency” means any agency, board, office, commission, department, division, or institution of the State of Arkansas;
“Authority” means the Arkansas Development Finance Authority created pursuant to the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 — 15-5-211, 15-5-213, and 15-5-301 — 15-5-316;
“Bonds” or “revenue bonds” means any bonds, notes, debentures, interim certificates, grant and revenue anticipation notes, interest in a lease, lease certificates of participation, or evidences of indebtedness, whether or not the interest on them is subject to federal income taxation; and
“Construct” means to acquire, construct, reconstruct, remodel, install, and equip any lands, buildings, structures, improvements, or other property, real, personal, or mixed, useful in connection therewith and to make other necessary expenditures in connection therewith by such methods and in such manner as the Building Authority Division shall determine to be necessary or desirable to accomplish the powers, purposes, and authority set forth in this subchapter.

History. Acts 1991, No. 1173, § 2; 1999, No. 1182, § 2; 2007, No. 186, § 10; 2016 (3rd Ex. Sess.), No. 2, § 76; 2016 (3rd Ex. Sess.), No. 3, § 76; 2019, No. 910, § 6209.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 repealed (4).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (4).

22-3-1404. Powers.

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

Acquire, construct, and equip buildings or by purchase, exchange, barter, gift, long-term lease, or other means, buildings and facilities to house state agencies;
Exercise the power of eminent domain within Pulaski County only for the purpose of acquiring buildings and facilities and to otherwise carry out the purposes and intent of this subchapter, with such power to be exercised in the manner provided in § 22-2-109;
Provide for the housing of state agencies in the buildings and facilities so acquired or constructed to the extent that space and facilities are available for such purpose, under such terms and conditions, and for such rentals and charges, as the division determines;
Acquire, construct, or cause to be constructed parking facilities, storage facilities, warehouses, garages, and other ancillary and related facilities to serve the facility;
Purchase, lease, or rent and receive bequests or donations of or otherwise acquire, sell, trade, or barter any property, real, personal, or mixed, and convert such property into money or other property;
Contract and be contracted with;
Apply for, receive, accept, and use any moneys and property from the United States Government, any agency, state, governmental body, political subdivision, public or private organization or corporation of any nature, or any individual; and
Take such other actions not inconsistent with law as may be necessary or desirable to carry out the powers, purposes, and authority as set forth in this section in accordance with the policies promulgated by the Secretary of the Department of Transformation and Shared Services.

History. Acts 1991, No. 1173, § 3; 1999, No. 1182, § 3; 2015 (1st Ex. Sess.), No. 7, § 48; 2015 (1st Ex. Sess.), No. 8, § 48; 2016 (3rd Ex. Sess.), No. 2, § 77; 2016 (3rd Ex. Sess.), No. 3, § 77; 2019, No. 910, §§ 6210, 6211.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 1999 amendment rewrote (1); inserted “within Pulaski County only” in (2); in (3), substituted “Provide” for “Arrange” and inserted “so acquired or constructed”; inserted “storage facilities, warehouses, garages, and other ancillary and related facilities” in (4); and made stylistic changes.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the Building Authority Division of the Department of Finance and Administration may” for “Arkansas Building Authority is hereby authorized and empowered to” in the introductory language; substituted “the division determines” for “Arkansas Building Authority may determine” in (a)(3); and rewrote (a)(8).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” from the end of (8).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language; and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (8).

22-3-1405. Duties.

In addition to the purposes, powers, and authority set forth elsewhere in this subchapter or in other laws, in connection with the construction and equipping of buildings and facilities in Little Rock, Arkansas, to house state agencies, the Building Authority Division may:

Obtain the necessary funds for accomplishing the purposes set forth in this subchapter from any source or sources, including without limitation the proceeds of revenue bonds or lease financings as authorized herein, and other funds as may be appropriated or may be available therefor;
Contract and be contracted with;
Invest and reinvest any of the proceeds of such revenue bonds as provided in such authorizing resolution or trust indenture, hereinafter authorized; and
Take such other actions not inconsistent with law as may be necessary or desirable to carry out the powers, purposes, and authority set forth herein, in accordance with the policies promulgated by the Secretary of the Department of Transformation and Shared Services as authorized by law.

History. Acts 1991, No. 1173, § 3; 2015 (1st Ex. Sess.), No. 7, § 49; 2015 (1st Ex. Sess.), No. 8, § 49; 2016 (3rd Ex. Sess.), No. 2, § 78; 2016 (3rd Ex. Sess.), No. 3, § 78; 2019, No. 910, §§ 6212, 6213.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration may” for “Arkansas Building Authority is hereby authorized to” in the introductory language; and substituted “policies promulgated by the Director of the Department of Finance and Administration with the advice of the Building Authority Council” for “duly promulgated policies of the Arkansas Building Authority Council” in (4).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following “Administration” in (4).

22-3-1406. [Repealed.]

Publisher's Notes. This section, concerning limits on total cost of an acquisition, was repealed by Acts 1999, No. 1182, § 4. The section was derived from Acts 1991, No. 1173, § 4.

22-3-1407. Revenue bonds.

Pursuant to the intention of the General Assembly expressed in § 15-5-303, the Arkansas Development Finance Authority, in cooperation with the Building Authority Division, is hereby authorized and empowered to issue revenue bonds at one (1) time or from time to time, and to use the proceeds thereof for defraying the costs of accomplishing all or part of the powers, purposes, and authorities set forth in this subchapter and all expenses incidental thereto, including, without limitation, expenses for the operation and maintenance of such facilities pending completion of the construction, repair, remodeling, or renovation, paying the expenses of authorizing and issuing the bonds, establishing a debt service reserve to secure the payment of the bonds, if the Arkansas Development Finance Authority deems such desirable, and making provision for the payment of debt service on the bonds, including fees of trustees and paying agents, until revenues for the payment thereof are available.
The bonds outstanding under this subchapter may be in such principal amount as the Arkansas Development Finance Authority and the division shall determine to be necessary for the accomplishment of the purposes of this subchapter.
The bonds shall be authorized, shall be sold by such means, shall bear such rate or rates of interest, and shall be executed and delivered in such manner as the Arkansas Development Finance Authority may determine pursuant to the provisions of § 15-5-301 et seq.
1. The Arkansas Development Finance Authority is authorized to enter into such authorizing resolutions and trust indentures as it deems necessary to secure the revenue bonds.
2. No member of the Arkansas Development Finance Authority shall be personally liable on the bonds.
Nothing in the provisions of this subchapter shall be deemed to remove, modify, or amend § 15-5-303.

History. Acts 1991, No. 1173, §§ 5, 6; 1993, No. 829, § 2; 1999, No. 1182, § 5; 2019, No. 910, § 6214.

Amendments. The 1999 amendment inserted “construction” in (a); and made stylistic changes.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a) and (b).

22-3-1408. Required statement on bond — Lien and pledge to secure bonds.

It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter, that the bonds shall be obligations only of the Arkansas Development Finance Authority, that in no event shall they constitute indebtedness for which the faith and credit of the State of Arkansas or any of its revenues, within the meaning of Arkansas Constitution, Amendment 20, are pledged.
1. The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds shall be secured by a lien on and pledge of and shall be payable from the pledged revenues defined in this section.
2. The authorizing resolution or trust indenture shall set forth details of the nature and extent of the lien and pledge, including provisions for the use of surplus revenues, if any, for any other lawful purposes.

History. Acts 1991, No. 1173, § 6.

22-3-1409. Pledge of revenues to secure bonds.

The principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this subchapter shall be secured solely by a lien on and pledge of the gross revenues derived from the leasing or renting to state agencies or other tenants of space in the buildings and facilities acquired pursuant to this subchapter, and the pledging of such revenues, the pledged revenues, is hereby authorized.
All pledged revenues are hereby specifically declared to be cash funds restricted in their use and dedicated and to be used solely as provided and authorized in this subchapter.
Commencing the first day of the month succeeding the issuance of the bonds hereunder and so long as any bonds are outstanding hereunder, the pledged revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation but, as and when received by the Arkansas Development Finance Authority or by any other state agency, as the case may be, shall be deposited into a bank or banks selected by the Arkansas Development Finance Authority to the credit of funds designated the “State Agencies Facilities Revenue Bond Fund”, with appropriate identification for separate issues or series.
So long as any bonds are outstanding hereunder, all moneys in any bond fund shall be used solely for the payment of the principal of, premiums, if any, interest on, and trustees' and paying agents' fees in connection with the bonds, with the maintenance of necessary funds and reserves, except that the authorizing resolution or trust indenture may provide for the withdrawal, for other purposes, of surplus moneys, as defined in the authorizing resolution or trust indenture.
Nothing in this section is intended to prohibit the Arkansas Development Finance Authority from investing moneys received hereunder, as provided in this subchapter.

History. Acts 1991, No. 1173, § 7.

22-3-1410. Contract between Arkansas Development Finance Authority and holders and owners of bonds.

Any authorizing resolution and trust indenture shall, together with this subchapter, constitute a contract between the Arkansas Development Finance Authority and the holders and registered owners of the bonds, which contract, and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of such contract, and the covenants, agreements, and obligations of the Building Authority Division may be enforced by mandamus or other appropriate proceedings at law or in equity.
In this regard, in addition to other provisions referred to in this subchapter, the division is hereby expressly authorized to include in any authorizing resolution or trust indenture assurance that, to the fullest extent possible, it will always charge, impose, and collect sufficient rentals and other revenue to meet, as due, all debt service requirements, maintain reserves at proper levels, and otherwise comply with any provisions of authorizing resolutions or trust indentures concerning revenues and bonds.

History. Acts 1991, No. 1173, § 8; 2019, No. 910, § 6215.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a) and (b).

22-3-1411. Bonds exempt from tax.

Bonds issued under the provisions of this subchapter, and the interest thereon, shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and estate taxes.

History. Acts 1991, No. 1173, § 9.

22-3-1412. Deposit of bond proceeds.

The Arkansas Development Finance Authority shall include necessary provisions in the authorizing resolution or trust indenture to provide for the deposit of the proceeds of the bonds pursuant to the provisions of § 15-5-209.
The authority may create and establish one (1) or more special funds in such depositories and make such investment as it may designate to provide for the construction, secure the bonds, establish reserves, and fund other necessary functions or activities authorized by this subchapter.

History. Acts 1991, No. 1173, § 10.

22-3-1413. Refunding bonds.

Bonds may be issued for the purpose of refunding any bonds issued under this subchapter.
Refunding bonds may be issued by the Arkansas Development Finance Authority pursuant to the provisions of § 15-5-314.

History. Acts 1991, No. 1173, § 11.

22-3-1414. Bondholder rights.

This subchapter shall not create any right in any bondholder for bonds issued pursuant to this subchapter, and no right of such bondholders shall arise under it, until bonds authorized by this subchapter, of the initial issue or series, shall have been sold and delivered by the Arkansas Development Finance Authority.

History. Acts 1991, No. 1173, § 14.

22-3-1415. Supervision and management of buildings and facilities.

The Building Authority Division may supervise and manage buildings and other facilities constructed pursuant to the authority granted in this subchapter and to manage, maintain, and repair those buildings and facilities to provide rental space to be made available for the housing of state agencies, departments, boards, commissions, and institutions, or other tenants at such rental rates as deemed necessary:
1. To provide sufficient funds to enable the Arkansas Development Finance Authority to meet, when due, the payment of the principal of, interest on, and trustees' and paying agents' fees in connection with all bonds issued under this subchapter;
2. To enable the Arkansas Development Finance Authority to establish and maintain such reserves and other financial obligations in regard to the bonds issued under the provisions of this subchapter, as shall be set forth in any authorizing resolution or trust indenture utilized for that purpose; and
3. To pay the costs of utilities, insurance, janitorial supplies and services, building maintenance, upkeep, repair, and remodeling as deemed necessary, including the accumulation of reserves deemed necessary for such purposes as authorized under the provisions of this subchapter, and, in connection therewith, the division may establish one (1) or more accounts in one (1) or more banks authorized to do business in this state to accomplish those purposes.
The division may hire legal counsel of its choice to assist in the administration of this subchapter.

History. Acts 1991, No. 1173, § 13; 1995, No. 1229, § 2; 1999, No. 1182, § 6; 2015 (1st Ex. Sess.), No. 7, § 50; 2015 (1st Ex. Sess.), No. 8, § 50; 2019, No. 910, § 6216.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 1999 amendment substituted “constructed” for “acquired” in (a); and made stylistic changes.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “The Building Authority Division of the Department of Finance and Administration may” for “Arkansas Building Authority is hereby authorized to” in the introductory language of (a); substituted “the division” for “Arkansas Building Authority” in (a)(3); and substituted “The division may” for “Arkansas Building Authority is hereby authorized to” in (b).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in the introductory language of (a).

22-3-1416. [Repealed.]

Publisher's Notes. This section, concerning liability, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 79. The section was derived from Acts 1991, No. 1173, § 12.

Subchapter 15 — Capitol Building Parking Facility

Effective Dates. Acts 1999, No. 1339, § 9: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the effectiveness of this act on July 1, 1999, is essential to the operation of the state government and that in the event of an extension of the regular session, the delay of this act beyond July 1, 1999, could work irreparable harm upon the proper administration and provision of essential governmental programs, as well as the public. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 1999.”

Acts 2001, No. 736, § 4: July 1, 2001. The emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that the effectiveness of this act on July 1, 2001, is essential to the operation of the state government and that in the event of an extension of the regular session, the delay of this act beyond July 1, 2001, could work irreparable harm upon the proper administration of essential governmental programs, contrary to the public interest. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on July 1, 2001.”

22-3-1501. Intent.

The Building Authority Division shall provide adequate facilities for those agencies located in the Capitol Mall area. The services provided by these agencies are varied. Parking spaces for these tenants have not kept up with current growth, thereby diminishing effective services provided by these agencies. The public access to the Capitol Mall area has been diminished by the lack of adequate parking. The construction of a parking deck facility, surface parking, and street improvements will help to alleviate such diminished services and lack of access.

History. Acts 1999, No. 1339, § 1; 2019, No. 910, § 6217.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

22-3-1502. Building Authority Division to build and maintain parking facilities.

1. Any other provision of law to the contrary notwithstanding, the Building Authority Division is hereby authorized to construct, manage, and maintain parking deck facilities, surface parking, and street improvements, called in this subchapter the “parking facilities”, in the area described in § 22-3-302(a).
2. 1. The division shall not be responsible for maintaining or assigning parking spaces designated for use by constitutional officers or the General Assembly.
  2. Provided, however, that if parking spaces in the parking facilities described in this subchapter are to be used by constitutional officers or the General Assembly, the charges for the parking spaces shall be on the same terms accorded to other state agencies, employees, and the public.
In connection with management of parking facilities, the division may contract with private persons for management services in the manner and for periods of time as the division shall determine to be necessary for the satisfactory operation thereof.

History. Acts 1999, No. 1339, § 2; 2001, No. 736, § 1; 2019, No. 910, § 6218.

Amendments. The 2001 amendment rewrote this section.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(1).

22-3-1503. Parking rules.

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

History. Acts 1999, No. 1339, § 3; 2019, No. 315, § 2361; 2019, No. 910, § 6219.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulation” in the section heading; and substituted “rules” for “regulations” in the first sentence.

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” following “Building Authority Division”.

22-3-1504. Utility easement.

The Building Authority Division, on behalf of the State of Arkansas, is hereby granted an easement or license over the State Capitol Building, the various buildings on the State Capitol grounds, and the State Capitol grounds for the purpose of installing or relocating utilities, connecting the facility to an existing structure, and such other purposes as are necessary and consistent with this project as authorized by this subchapter.

History. Acts 1999, No. 1339, § 4; 2019, No. 910, § 6220.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

22-3-1505. Funding.

1. The Building Authority Division is authorized and empowered to obtain the necessary funds for accomplishing its powers, purposes, and authority from any source or sources necessary and consistent with this subchapter, including without limitation contracting with the Arkansas Development Finance Authority to provide for the issuance of bonds by the Arkansas Development Finance Authority in accordance with the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq.
2. 1. For the purpose of securing bonds issued pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., the division is authorized hereby to grant to the Arkansas Development Finance Authority, on behalf of the State of Arkansas, one (1) or more leasehold interests, each of which shall be for a term not to exceed fifty (50) years from the date of the grant, in a part of the State Capitol grounds as shall be determined by the division to be a suitable site for the location of parking facilities.
  2. Any leasehold interest granted to the Arkansas Development Finance Authority may be assigned or mortgaged from time to time by the Arkansas Development Finance Authority to secure bonds of the Arkansas Development Finance Authority for the construction, extension, renovation, or repair of parking facilities, but any assignment or mortgage shall include in each case a provision that the assignment or mortgage shall terminate upon full and final payment of the particular bonds secured thereby and the discharge of the obligations of the Arkansas Development Finance Authority or of the division related to the bonds secured thereby.
  3. Any leasehold interest granted also may include any easements over, above, or below the State Capitol grounds for vehicular or utility access to and from the parking facilities as the division shall determine to be necessary.
3. In the event of a default on any bonds, the assignee of the leasehold interest securing the bonds may occupy and control the parking facilities related thereto for the term of the leasehold interest and may impose fees, charges, licenses, or rents as it may determine without obtaining the approval of any agency or instrumentality of the State of Arkansas.
All fees, charges, licenses, rents, or other income of any nature derived from the operation of the parking facilities, or provided for that purpose to the division from whatever source, are hereby specifically declared to be cash funds restricted in their use and are dedicated and shall be used solely as provided and authorized in this subchapter.
1. Commencing on the first of the month following the first issuance of the bonds of the Arkansas Development Finance Authority pursuant to the State Agencies Facilities Acquisition Act of 1991, § 22-3-1401 et seq., and for so long as any of the bonds are outstanding for the purposes authorized by this subchapter, the revenues shall not be deposited into the State Treasury and shall not be subject to legislative appropriation but, as and when received by the division, the Arkansas Development Finance Authority or a trustee or agent acting on behalf of either the division or the Arkansas Development Finance Authority, as the case may be, shall be deposited into a bank or banks selected by the division to the credit of a fund designated as the “Building Authority Division Parking Facilities Revenue Bond Fund”, with appropriate accounts therein for separate bond issues or series, where applicable.
2. Notwithstanding any other provision of law, moneys in the fund may be pledged from time to time to secure the payment of bonds of the Arkansas Development Finance Authority issued to finance the parking facilities and may be deposited and invested by or on behalf of the division in the manner as may be directed or required by a bond resolution or trust indenture related to any bond financing of the Arkansas Development Finance Authority.

History. Acts 1999, No. 1339, § 5; 2001, No. 736, § 2; 2015 (1st Ex. Sess.), No. 7, § 51; 2015 (1st Ex. Sess.), No. 8, § 51; 2019, No. 910, § 6221.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2001 amendment rewrote this section.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the division” for “Arkansas Building Authority” throughout the section; substituted “The Building Authority Division of the Department of Finance and Administration” for “The Arkansas Building Authority” in (a)(1); and substituted “‘Building Authority Division Parking Facilities Revenue Bond Fund’” for “‘Arkansas Building Authority Parking Facilities Revenue Bond Fund’” in (c)(1).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(1).

22-3-1506. Exceptions.

The provisions of § 22-3-301 et seq., pertaining to the Capitol Zoning District Commission, § 22-3-401 et seq., pertaining to the Capitol Parking Control Committee, § 22-3-501 et seq., pertaining to the Capitol Arts and Grounds Commission, and § 22-3-202, pertaining to the Secretary of State, or any other provision of law inconsistent with the intent of this subchapter shall not be applicable to the Building Authority Division in connection with the parking facilities contemplated by this subchapter, and no filings, consents, or approvals shall be required from any agency of the state prior to the construction, renovation, or repair of parking facilities or concerning the operations thereof.

History. Acts 2001, No. 736, § 3; 2019, No. 910, § 6222.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

Subchapter 16 — Medal of Honor Monument

22-3-1601 — 22-3-1603. [Repealed.]

A.C.R.C. Notes. Acts 2001, No. 783, § 1, provided:

“The following are hereby abolished: (1) The Advisory Committee on Accountability; (2) The Crowley's Ridge Trail Commission; (3) The Advisory Council to the Arkansas Natural Heritage Commission of the Department of Arkansas Heritage; (4) The Advisory Board for Director of the Arkansas High Technology Training Center; (5) The Low-Level Radioactive Waste Advisory Group; (6) The Arkansas Medal of Honor Commission; (7) The Quality Management Board; and (8) The Arkansas Task Force on Timber Land Assessment.”

Publisher's Notes. This subchapter, concerning the Medal of Honor Monument, was repealed by Acts 2001, No. 783, § 2. The subchapter was derived from the following sources:

22-3-1601. Acts 1999, No. 564, § 1.

22-3-1602. Acts 1999, No. 564, § 2.

22-3-1603. Acts 1999, No. 564, § 3.

Subchapter 17 — Firefighters Monument

Cross References. Capitol Arts and Grounds Commission, §§ 22-3-501 et seq.

Effective Dates. Acts 2001, No. 504, § 6: March 1, 2001. The emergency clause provided: “It is found and determined by the General Assembly that a delay in the effective date of this act would cause unnecessary delay in raising funds for the materials, construction, and maintenance of the monument recognizing and honoring our fallen firefighters; and that this project should be undertaken as soon as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

22-3-1701. Findings and purpose.

It is found and determined by the General Assembly that:
1. Many Arkansans serve each year as full-time firefighters, volunteer firefighters, forestry firefighters, and training academy firefighters;
2. Firefighters in many communities serve their citizens as emergency medical technicians, hazardous material specialists, and bomb technicians and serve in numerous rescue emergencies;
3. Upon occasion, fire or disaster claims the life of a firefighter in the course of his or her duties; and
4. Arkansas firefighters have not received the recognition and honor deserved for service to their fellow citizens.
In recognition and appreciation of Arkansas' fallen firefighters, an appropriate monument should be constructed and maintained on the State Capitol grounds.

History. Acts 2001, No. 504, § 1.

22-3-1702. Authorization.

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

Arkansans and other firefighters killed in Arkansas while acting in their capacity as firefighters; and
Any Arkansas firefighter killed outside the State of Arkansas while serving in the capacity of a firefighter.

History. Acts 2001, No. 504, § 2.

22-3-1703. Design and location.

The design of the monument and the location of the monument on the State Capitol grounds shall be approved by the Arkansas Fallen Firefighters' Memorial Board and the Capitol Arts and Grounds Commission.

History. Acts 2001, No. 504, § 3.

22-3-1704. Funding.

The State of Arkansas shall not be obligated to fund the Arkansas Fallen Firefighters' Memorial.
The Arkansas Fallen Firefighters' Memorial Board shall raise all funds necessary for materials, construction, and maintenance of the monument.
The board shall comply with the rules of the Capitol Arts and Grounds Commission regarding creation of a maintenance fund.

History. Acts 2001, No. 504, § 4; 2019, No. 315, § 2362.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (c).

22-3-1705. Commencement of construction.

Construction of the Arkansas Fallen Firefighters' Memorial shall commence only after all requirements of the Capitol Arts and Grounds Commission are met.

History. Acts 2001, No. 504, § 5.

Subchapter 18 — Arkansas Energy and Natural Resource Conservation Act

Effective Dates. Acts 2005, No. 1770, § 2: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is a need to incorporate energy and natural resource conservation measures into state buildings and state-funded buildings; that this act will assist the state to provide better use of natural resources, and that this act is immediately necessary because of the need to incorporate standards into new construction. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

22-3-1801. Title.

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

History. Acts 2005, No. 1770, § 1.

22-3-1802. Findings and purpose.

It is found and determined by the General Assembly that:
1. State-funded building projects have a significant impact on the environment of our Natural State, the economy, and the health and productivity of building inhabitants;
2. State government currently spends approximately seventy million dollars ($70,000,000) annually for electricity and natural gas consumed in state buildings, and energy expenditures have been increasing at nearly four percent (4%) per year over the last ten (10) years;
3. It is incumbent upon Arkansas state government to lead by example to minimize energy use and environmental impact in state buildings;
4. Innovations in building science, technology, and operations are available to maximize the economic utility of state-funded building projects and reduce energy costs, while achieving the best environmental performance and reducing adverse impacts on the environment; and
5. Incorporating principles of sustainability in building design will enhance efficient management of material resources and waste, protect health and indoor environmental quality, reduce the longer-term costs of construction and operation of state-funded buildings, and promote the use of appropriate Arkansas products in the buildings.
In recognition of the economic, energy conservation, and environmental benefits of sustainable building design, it is in the best interest of the State of Arkansas to initiate a process to encourage improved building practices, to provide support and information to assist state agencies in carrying out the purposes of this subchapter, and to continue development of the best building practices through a legislative task force to evaluate and report to the General Assembly the progress being made under this subchapter.

History. Acts 2005, No. 1770, § 1.

22-3-1803. Definitions.

As used in this subchapter:

“Adaptive reuse” means the modification to accommodate a function other than its original intent of any building site and existing inhabited structure;
1. “Building project” means any inhabited physical structure and project building site. The phrase includes any structure in which any individual spends more than one (1) hour of time within the structure such as residences, offices, visitors centers, classrooms, administration buildings, etc.
2. “Building project” does not include ancillary structures or buildings with temporary occupancy such as park restrooms, pavilions, storage facilities, or similar structures;
“Grant applicant” means any individual, institution, governmental jurisdiction, or other organization recognized by the granting department or agency as qualified to apply for financial assistance from any state department, agency, or office for the purpose of planning, designing, or constructing a new or rehabilitated building;
1. “Green Globes” means the online environmental assessment tool developed by the Green Building Initiative as of December 2004.
2. “Green Globes” allows designers, property owners, and managers to evaluate and rate buildings against best sustainable building design and practices and integrate principles of sustainable architecture at every stage of project delivery in order to design and construct buildings that will be energy-efficient and resource-efficient, achieve operational savings, and provide healthier environments in which to live and work;
1. “Leadership in Energy and Environmental Design” means the following building rating systems developed by the United States Green Building Council:
  1. LEED-NC 2.1, as it exists on January 1, 2005;
  2. LEED-EB, as it exists on January 1, 2005; or
  3. LEED-CI, as it exists on January 1, 2005.
2. “Leadership in Energy and Environmental Design” allows designers, property owners, and managers to evaluate and rate buildings against best sustainable building design and practices and to integrate principles of sustainable architecture at every stage of project delivery in order to design and construct buildings that will be energy-efficient and resource-efficient, achieve operational savings, and provide healthier environments in which to live and work;
“Newly designed construction project” means any building and its building site for which a contract has been entered into beginning July 1, 2005, to construct a building and building site improvements as outlined in Leadership in Energy and Environmental Design or Green Globes rating systems;
“Project building site” means all property associated with a building, including the defined legal description of the property or the defined project limits;
1. “Project limits” means the physical boundaries of a construction project within which all construction activity must occur.
2. “Project limits” includes material and equipment storage space, lay-down or prefabrication space, clearing, grubbing, and drainage improvements;
“Project team” means the persons or individuals representing the state agency or owner, professional design consultants, and building contractor, if a contractor is determined prior to design;
“Proposed construction project” means all building construction projects in the conceptual planning stages for which a design contract has been executed after July 1, 2005;
“Public and private partnerships” means any private development that uses state money to assist in the planning, design, or construction of a building project, such as a building project providing economic incentives for development;
“Public funding” means federal or state funds that are allocated for a state building project;
“Rehabilitation project” means any building project involving the modification or adaptive reuse of an existing facility in which twenty-five percent (25%) or more of the physical structure, facade, or interior space of a facility is being changed or modified;
“State agency” means all departments, offices, boards, commissions, and institutions of the state, including the state-supported institutions of higher education;
“State building project” means any inhabited physical structure and project building site in which:
1. A state agency secures the design or construction contract; and
2. Public funding is used in whole or in part to design or construct the project; and
“Sustainable” means that:
1. A building integrates building materials and methods that promote environmental quality, energy conservation, economic vitality, and social benefit through the design, construction, and operation of the built environment;
2. A building merges sound, environmentally responsible practices into one (1) discipline that looks at the environmental, economic, and social effects of a building or built project as a whole; and
3. The design encompasses the following broad topics:
  1. Efficient management of energy and water resources;
  2. Management of material resources and waste;
  3. Protection of environmental quality;
  4. Protection of health and indoor environmental quality;
  5. Reinforcement of natural systems; and
  6. Integrating the design approach.

History. Acts 2005, No. 1770, § 1.

22-3-1804. Standards for Arkansas.

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.
1. Use of the Leadership in Energy and Environmental Design rating system shall be with the following supplemental provisions specific to state building projects:
  1. 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;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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:
  1. 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
  2. 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.

History. Acts 2005, No. 1770, § 1.

22-3-1805. Application to state building projects.

State agencies conducting or funding a public building project or rehabilitation project are encouraged to refer to and should utilize, whenever possible and appropriate, the Leadership in Energy and Environmental Design or Green Globes rating systems referred to in this subchapter.

History. Acts 2005, No. 1770, § 1.

22-3-1806. [Repealed.]

Publisher's Notes. This section, concerning the Legislative Task Force on Sustainable Building Design and Practices, was repealed by identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 87. The section was derived from Acts 2005, No. 1770, § 1; 2007, No. 1034, §§ 1, 2; 2009, No. 1336, § 1.

Subchapter 19 — Sustainable Building Design Program

A.C.R.C. Notes. Acts 2016, No. 240, § 21, provided: “SUSTAINABLE BUILDING DESIGN PROGRAM — RULES AND REGULATIONS. Rules and Regulations shall be established and administered by the Department of Finance and Administration — Building Authority Division for the Sustainable Building Design Program prior to the implementation of any transfers of appropriation and/or funding. The Rules and Regulations shall be reviewed by the Legislative Council or Joint Budget Committee prior to implementation.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Effective Dates. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

22-3-1901. Sustainable Building Design Program for State Agencies.

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

History. Acts 2009, No. 1372, § 1; 2015 (1st Ex. Sess.), No. 7, § 52; 2015 (1st Ex. Sess.), No. 8, § 52; 2019, No. 910, § 6223.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

22-3-1902. Rules.

The Secretary of the Department of Transformation and Shared Services shall promulgate rules for the implementation of the Sustainable Building Design Program for State Agencies.
The rules shall include without limitation:
1. Application forms;
2. Origination fees, if any;
3. Eligibility requirements;
4. Review standards; and
5. Loan requirements.

History. Acts 2009, No. 1372, § 1; 2015 (1st Ex. Sess.), No. 7, § 53; 2015 (1st Ex. Sess.), No. 8, § 53; 2016 (3rd Ex. Sess.), No. 2, § 80; 2016 (3rd Ex. Sess.), No. 3, § 80; 2019, No. 910, § 3499.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Director of the Department of Finance and Administration with the advice of the Building Authority Council” for “Arkansas Building Authority” in (a).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “with the advice of the Building Authority Council” following “Administration” in (a).

The 2019 amendment substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (a).

22-3-1903. Loans.

Under the Sustainable Building Design Program for State Agencies, the Building Authority Division may authorize money to be loaned from the Sustainable Building Design Revolving Loan Fund to a state agency, board, or commission.
A loan made under subsection (a) of this section shall be:
1. For a renovation of state-owned property; and
2. In an amount that exceeds two hundred fifty thousand dollars ($250,000).
1. The division shall credit an origination fee to the Building Authority Division Maintenance Fund for expenses associated with the administration of the program.
2. The term for repayment of the loan may not exceed ten (10) years.

History. Acts 2009, No. 1372, § 1; 2015 (1st Ex. Sess.), No. 7, § 54; 2015 (1st Ex. Sess.), No. 8, § 54; 2019, No. 910, § 6224.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority” in (a); and in (c)(1), substituted “The division” for “The authority” and “Building Authority Division Maintenance Fund” for “Arkansas Building Authority Maintenance Fund”.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a).

Cross References. Building Authority Division Maintenance Fund, § 19-5-1046.

Sustainable Building Design Revolving Loan Fund, § 19-5-1238.

22-3-1904. Loan approval process.

An applicant for a loan from the Sustainable Building Design Revolving Loan Fund shall:
1. Apply on a form approved by the Building Authority Division; and
2. 1. Remit an origination fee of one-half of one percent (0.5%) of the requested amount of the loan.
  2. However, the amount of the origination fee shall not exceed two thousand five hundred dollars ($2,500).
The division shall review the application to determine if the applicant satisfies the eligibility criteria for a loan from the fund.
The division shall provide the applicant written notice of its determination whether to offer a loan from the fund and any conditions for making the loan.
After the applicant has satisfied any preconditions, if any, for the division's approval of the loan and has executed a contract for the loan, the division shall forward the loan contract to the Department of Finance and Administration and the Governor for their approval.

History. Acts 2009, No. 1372, § 1; 2019, No. 910, § 6225.

Amendments. The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(1).

Cross References. Sustainable Building Design Revolving Loan Fund, § 19-5-1238.

Subchapter 20 — Sustainable Energy-Efficient Buildings Act

22-3-2001. Title — Legislative findings.

This subchapter shall be known and may be cited as the “Sustainable Energy-Efficient Buildings Act”.
The General Assembly finds that:
1. Public buildings can be built and renovated using sustainable, energy-efficient methods that save money, reduce negative environmental impacts, improve employee and student performance, and make employees and students more productive;
2. The main objectives of sustainable, energy-efficient designs are to:
  1. Avoid resource depletion of energy, water, and raw materials;
  2. Prevent environmental degradation caused by facilities and infrastructure throughout their life cycle; and
  3. Create buildings that are livable, comfortable, safe, and productive; and
3. State-owned buildings and buildings owned by an institution of higher education can be improved by establishing specific performance criteria and goals for sustainable, energy-efficient public buildings that are based on recognized, consensual standards with a scientifically proven basis and a history of successful performance.

History. Acts 2009, No. 1494, § 1; 2019, No. 674, § 1.

Amendments. The 2019 amendment added “Title” in the section heading; added (a); added designation (b) and redesignated the remaining subdivisions.

22-3-2002. Definitions.

As used in this subchapter:

“Institution of higher education” means a state-supported university or college;
“Life-cycle cost analysis” means an analytical technique that considers the costs of owning, using, and operating a facility over its economic life including without limitation:
1. Initial costs;
2. System repair and replacement costs;
3. Maintenance costs;
4. Operating costs, including energy costs; and
5. Salvage value;
1. “Major facility” means a construction project of:
  1. A single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space; or
  2. Aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space.
2. “Major facility” does not include a transmitter building or a pumping station;
“Major renovation” means a building renovation project that:
1. Costs more than fifty percent (50%) of its current replacement value;
2. Is a single building larger than twenty thousand (20,000) gross square feet of occupied or conditioned space or aggregate buildings larger than fifty thousand (50,000) combined square feet of occupied or conditioned space; and
3. Is funded in whole or in part by the state;
“Public agency” means a state agency, office, officer, board, department, or commission with more than fifty thousand (50,000) gross square feet of occupied or conditioned space; and
“Sustainable, energy-efficient public building” means a public building that:
1. Has the most economical energy and water efficiency for that type of building; and
2. Is in compliance with this subchapter.

History. Acts 2009, No. 1494, § 1; 2019, No. 674, § 2.

Amendments. The 2019 amendment rewrote (3)(A), (4)(B), and (6); and in (5), inserted “with more than fifty thousand (50,000) gross square feet of occupied or conditioned space”.

22-3-2003. Sustainable Energy-Efficient Buildings Program.

The Sustainable Energy-Efficient Buildings Program is established to promote energy conservation in buildings owned or leased by public agencies and buildings owned or leased by institutions of higher education.
Under the Sustainable Energy-Efficient Buildings Program:
1. For public agencies, the Arkansas Energy Office of the Division of Environmental Quality shall develop and:
  1. Issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004; and
  2. Administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures; and
2. For the institutions of higher education, each institution of higher education:
  1. Shall develop and issue policies and technical guidelines to establish procedures and methods for compliance with the criteria and the performance standards for a major facility or a major renovation under § 22-3-2004; and
  2. May administer an energy management program designed to achieve compliance with the requirements of § 22-3-2006 through the implementation of energy conservation measures.

History. Acts 2009, No. 1494, § 1; 2011, No. 803, § 1; 2017, No. 271, § 16; 2019, No. 674, § 3; 2019, No. 910, § 3228.

Amendments. The 2011 amendment deleted “and an operation and maintenance program” following “energy management program” in (b)(1)(B) and (b)(2)(B).

The 2017 amendment inserted “of the Arkansas Department of Environmental Quality” in (b)(1).

The 2019 amendment by No. 674 inserted “or leased” twice in (a).

The 2019 amendment by No. 910 substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in the introductory language of (b)(1).

22-3-2004. Standards for major facility or major renovation.

The following minimum standards apply to a major facility:
1. A major facility of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be designed, constructed, and certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018;
2. Subdivision (a)(1) of this section applies to a major facility project that has not entered the schematic design phase on or before June 30, 2019; and
3. An exception or a special standard for a specific type of building or building facility that is found in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, is included in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, under subdivision (a)(1) of this section.
1. A major renovation of a public agency or an institution of higher education shall consider a life-cycle cost analysis and be certified in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018.
2. Subdivision (b)(1) of this section applies to a major renovation that has not entered the schematic design phase on or before June 30, 2019.
For new construction under either subsection (a) or subsection (b) of this section:
1. The indoor water system shall be designed and constructed to use at least twenty percent (20%) less potable water than the indoor water use baseline calculated for the building after satisfying the fixture performance requirement, if any, under the Arkansas Plumbing Code; and
2. Outdoor potable water or harvested groundwater consumption shall use water-use-efficient landscape materials and irrigation strategies, including without limitation water reuse and recycling, to reduce conventional consumption by at least fifty percent (50%) of the water that would have been consumed otherwise.
If the Arkansas Energy Office of the Division of Environmental Quality or the institution of higher education determines the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013 is not practicable for a major facility or major renovation, the office or the institution of higher education shall determine a practicable alternative standard for the design and construction for that major facility or major renovation.
To verify the performance of a building component or system and ensure that design requirements are met upon completion of construction, building or system commissioning practices that are tailored to the size and complexity of the building and its system components shall be employed.
To measure and verify a major facility's performance under this section's standards:
1. A building-level owner's meter for electricity, natural gas, fuel oil, and water shall be installed in accordance with the guidelines issued by the United States Department of Energy under section 103 of the Energy Policy Act of 2005, Pub. L. No. 109-58; and
2. 1. The public agency or institution of higher education and the building designers shall:
    1. Compare metered data from the first twelve (12) months of the building's operation with the energy design target; and
    2. Report the performance results of that comparison to the office or to the governing board of the institution of higher education.
  2. If the report under subdivision (f)(2)(A)(ii) of this section shows that the building's average energy or water consumption over the one-year period after the date of beneficial occupancy is more than the baseline consumption determined in accordance with the Performance Rating Method of Appendix G of the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, Standard 90.1-2013, as it existed on January 1, 2018, the designer, the owner public agency or the owner institution of higher education, the contractor, the contract manager at risk, and the commissioning agent shall:
    1. Investigate;
    2. Determine the cause for the failure to achieve this section's performance standards; and
    3. Recommend corrections or modifications to meet this section's performance standards.

History. Acts 2009, No. 1494, § 1; 2011, No. 803, §§ 2-4; 2019, No. 674, §§ 4-6.

Amendments. The 2011 amendment made no changes to the section.

The 2019 amendment, in (a)(1), inserted “consider a life-cycle cost analysis and” and deleted “to at least ten percent (10%) reduction below the baseline energy consumption determined” following “certified”; substituted “Standard 90.1-2013” for “Standard 90.1-2007” throughout the section; substituted “January 1, 2018” for “January 1, 2009” in (a)(1), (b)(1), and the introductory language of (f)(2)(B); and substituted “on or before June 30, 2019” for “before July 31, 2009” in (a)(2) and (b)(2).

22-3-2005. Purchase of constructed or renovated building.

A public agency shall not purchase a building that:
1. Did not meet the design and construction standards that were applicable for a comparable building at the time of its construction; or
2. Had a major renovation that did not meet the standard for energy and water efficiency that was applicable for a comparable building at the time of the major renovation.
This section does not apply to:
1. The purchase of a building that has historic, architectural, or cultural significance;
2. A building that is acquired by devise or gift; or
3. A building that is purchased for demolition.

History. Acts 2009, No. 1494, § 1.

22-3-2006. Program to manage energy usage of public agencies.

The Arkansas Energy Office of the Division of Environmental Quality shall:
1. Develop an energy program to manage energy, water, and other utility uses for public agencies that will reduce total aggregate energy consumption per gross square foot for all existing applicable public agency buildings if the savings can be justified by a life-cycle cost analysis;
2. Update this program annually; and
3. Recommend public agency energy consumption reduction goals every five (5) years.
To implement its program, the office shall to the extent funds are available and appropriated:
1. Develop and implement policies, procedures, and standards to ensure that a public agency's purchasing practices:
  1. Improve the efficiency of energy, water, and other utility uses; and
  2. Consider the cost of the product over its economic life;
2. Adopt and implement building energy design guidelines for public agencies that include without limitation:
  1. Energy-use goals and standards;
  2. Economic assumptions for life-cycle cost analysis; and
  3. Other criteria for building systems and technologies;
3. Identify and recommend energy conservation maintenance and operating procedures that:
  1. Are designed to reduce energy consumption within the public facility; and
  2. Require no significant expenditure of funds;
4. Require the maximum interchangeability and compatibility of equipment components when energy management equipment is proposed for any facility of a public agency; and
5. Offer substantial recognition to a public agency that acts in a manner that furthers the program and goals under this section.
The office may adopt architectural and engineering standards to implement this section.
A public agency shall:
1. Submit annually by October 31 to the office a written report of the public agency's utility consumption and costs by fuel to which the office shall respond with a recommendation annually by June 30;
2. Complete construction and renovation of a facility in a manner that:
  1. Furthers the program and goals under this section; and
  2. Ensures the use of life-cycle cost analyses and practices to conserve energy, water, and other utilities; and
3. Comply with the office's program under subdivision (b)(1) of this section, to the extent funds are available and appropriated.

History. Acts 2009, No. 1494, § 1; 2011, No. 803, §§ 5, 6; 2017, No. 271, §§ 17-19; 2019, No. 674, § 7; 2019, No. 910, §§ 3229-3231.

Amendments. The 2011 amendment added “to the extent funds are available” in the introductory language of (b); deleted “to the extent funds are available” at the end of (b)(5)(A); rewrote (b)(5)(B); and substituted “October 31” for “April 1” in (d)(3).

The 2017 amendment inserted “of the Arkansas Department of Environmental Quality” in the introductory language of (a) and (b), and in (c).

The 2019 amendment by No. 674, in (a)(1), inserted “aggregate”, and substituted “applicable public agency buildings” for “state buildings by twenty percent (20%) by 2014 and thirty percent (30%) by 2017 based on energy consumption for the 2007-2008 fiscal year”; inserted (a)(3); in the introductory language of (b), substituted “program” for “plan”, and inserted “and appropriated”; redesignated (b)(2)(A) as (2); deleted former (b)(2)(B); rewrote (b)(5); deleted former (d)(1) and (d)(2) and redesignated the remaining subdivisions accordingly; inserted “to which the Arkansas Energy Office shall respond with a recommendation annually by June 30” in (d)(1); substituted “Complete” for “Carry out the” in the introductory language of (d)(2); inserted “program and” in (d)(2)(A); and in (d)(3), substituted “Comply with” for “Implement” and “program” for “recommendation made”, and added “and appropriated”.

The 2019 amendment by No. 910 substituted “Arkansas Energy Office of the Division of Environmental Quality” for “Arkansas Energy Office of the Arkansas Department of Environmental Quality” in the introductory language of (a), the introductory language of (b), and (c).

22-3-2007. Application to historic and unique buildings.

This subchapter does not apply if the implementation of a measure to conserve energy, water, or other utility use conflicts with the requirements for:

A property to be eligible for, nominated to, or entered on the National Register of Historic Places under the National Historic Preservation Act of 1966, Pub. L. No. 89-665;
An historic building located within an historic district;
An historic building listed, owned, or under the jurisdiction of an historic properties commission; or
A building that the Arkansas Energy Office of the Division of Environmental Quality has exempted from this subchapter because of its unique architectural characteristics or usage.

History. Acts 2009, No. 1494, § 1; 2017, No. 271, § 20; 2019, No. 910, § 3232.

Amendments. The 2017 amendment inserted “of the Arkansas Department of Environmental Quality” in (4).

The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (4).

22-3-2008. Advisory committee for the Arkansas Energy Office.

1. The Director of the Division of Environmental Quality or his or her designee may create and recommend members for a sustainable, energy-efficient building advisory committee composed of:
  1. Representatives from the design and construction industry who are involved in public works contracting;
  2. Persons from public agencies who are responsible for overseeing public works projects or for developing energy efficiency programs and policies; and
  3. Other persons that the director or his or her designee considers to have useful information.
2. 1. The director shall approve the creation and membership recommendations under this section.
  2. The committee members shall serve at the pleasure of the director.
The committee shall provide advice on the implementation of this subchapter, including without limitation recommendations regarding:
1. An education and training process for persons who are involved in the implementation of this subchapter;
2. An ongoing evaluation or feedback process to help the Arkansas Energy Office of the Division of Environmental Quality to implement this section; and
3. Water-deficiency requirements and energy-efficiency requirements.

History. Acts 2009, No. 1494, § 1; 2017, No. 271, § 21; 2019, No. 674, § 8; 2019, No. 910, § 3233.

Amendments. The 2017 amendment substituted “Arkansas Department of Environmental Quality” for “Arkansas Economic Development Commission” in the section heading; in the introductory language of (a)(1), inserted “of the Arkansas Department of Environmental Quality” and “and recommend members for”; in (a)(1)(C), substituted “Director of the Arkansas Energy Office of the Arkansas Department of Environmental Quality” for “director”; and rewrote (a)(2).

The 2019 amendment by No. 674 deleted “of the Arkansas Energy Office” following “Director” in the introductory language of (a)(1) and (a)(1)(C); substituted “or his or her designee may” for “shall” in the introductory language of (a)(1); and inserted “or his or her designee” in (a)(1)(C).

The 2019 amendment by No. 910 substituted “of the Division of Environmental Quality” for “of the Arkansas Department of Environmental Quality” following “Arkansas Energy Office” in the section heading and the introductory language of (a)(1); substituted “Director of the Division of Environmental Quality” for “Director of the Arkansas Department of Environmental Quality” in (a)(2)(A) and (a)(2)(B); and deleted “of the Arkansas Department of Environmental Quality” following “Arkansas Energy Office” in (a)(1)(C) and (b)(2).

22-3-2009. Rules and administration.

The Arkansas Pollution Control and Ecology Commission shall promulgate rules for the implementation of operation and maintenance energy conservation measures in public buildings.
The Arkansas Energy Office of the Division of Environmental Quality shall:
1. Develop or revise the architectural and engineering standards, to the extent funds are available and appropriated, to provide assistance in determining:
  1. The energy conservation measures that are best suited to the unique characteristics of each building; and
  2. The specifications for the energy conservation measures under this subchapter; and
2. Develop and adopt guidelines for the development of education and training requirements for the various personnel that may be involved in a major facility or a major renovation under this subchapter.
The Arkansas Pollution Control and Ecology Commission may promulgate rules to implement this subchapter.

History. Acts 2009, No. 1494, § 1; 2017, No. 271, § 22; 2019, No. 315, §§ 2363, 2364; 2019, No. 674, § 9; 2019, No. 910, § 3234.

Amendments. The 2017 amendment substituted “Regulations and administration” for “Rules” in the section heading; and rewrote the section.

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a) and (c).

The 2019 amendment by No. 674 inserted “to the extent funds are available and appropriated” in the introductory language of (b)(1).

The 2019 amendment by No. 910 substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in the introductory language of (b).

22-3-2010. Performance review — Report.

To the extent that funds are available and appropriated, the Arkansas Energy Office of the Division of Environmental Quality shall conduct a performance review of the Sustainable Energy-Efficient Buildings Program that includes at least the following:
1. An identification of the costs of implementing energy-efficient and water-efficient building standards in the design and construction of a major facility or major renovation;
2. An identification of the operating savings attributable to the implementation of energy-efficient and water-efficient building standards, including without limitation savings in energy, water, utility, and maintenance costs; and
3. An evaluation of the effectiveness of the application of the standards under this subchapter.
No later than December 1, 2010, and each year thereafter, the office shall report to the cochairs of the Legislative Council its:
1. Findings under subsection (a) of this section; and
2. Recommended changes, if any.

History. Acts 2009, No. 1494, § 1; 2017, No. 271, § 23; 2019, No. 256, § 7; 2019, No. 674, § 10; 2019, No. 910, § 3235.

Amendments. The 2017 amendment inserted “of the Arkansas Department of Environmental Quality” in (a).

The 2019 amendment by No. 256 deleted “and each institution of higher education” following “Arkansas Energy Office” in the introductory language of (b).

The 2019 amendment by No. 674, in the introductory of (a), added “To the extent that funds are available and appropriated”, and deleted “to the extent funds are available” preceding “shall”; deleted former (a)(3); and redesignated former (a)(4) as (a)(3).

The 2019 amendment by No. 910 substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in the introductory language of (a).

22-3-2011. Applicability.

The boards of trustees for the University of Arkansas, Arkansas State University, the University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University are exempt from the provisions of this subchapter if those institutions develop policies and procedures to meet the:
1. Specific performance criteria and goals for a major facility or major renovation; and
2. Requirements of § 22-3-2006(d)(1).
1. The board of trustees of any institution of higher education that is not included under subsection (a) of this section may be exempted from the provisions of this subchapter by the Division of Higher Education.
2. Before granting an exemption to a board of trustees of an institution of higher education under subdivision (b)(1) of this section, the Division of Higher Education shall review and approve the policies and procedures to meet the:
  1. Specific performance criteria and goals for a major facility or major renovation; and
  2. Requirements of § 22-3-2006(d)(1).
This subchapter does not:
1. Preclude an institution of higher education from adopting the policies and technical guidelines for a major facility or a major renovation that are established by the Arkansas Energy Office of the Division of Environmental Quality under § 22-3-2003(b)(1); or
2. Affect the processes or exemptions under § 22-6-601.

History. Acts 2009, No. 1494, § 1; 2017, No. 271, § 24; 2019, No. 674, § 11; 2019, No. 910, §§ 3236, 3237.

Amendments. The 2017 amendment inserted “of the Arkansas Department of Environmental Quality” in (c)(1).

The 2019 amendment by No. 674 redesignated part of (a) as (a)(1); added (a)(2); redesignated part of (b)(2) as (b)(2)(A); and added (b)(2)(B).

The 2019 amendment by No. 910 substituted “Division of Higher Education” for “Department of Higher Education” in (b)(1); substituted “Division of Higher Education” for “department” in the introductory language of (b)(2); and substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (c)(1).

22-3-1225. Prison Construction Trust Fund.

Chapter 4 Parks and Recreation Areas

Research References

Am. Jur. 59 Am. Jur. 2d, Parks, § 1 et seq.

Ark. L. Rev.

Acquisition of Public Recreational Access to Privately-Owned Property: Devices, Problems, and Incentives, 29 Ark. L. Rev. 514.

Subchapter 1 — General Provisions

Publisher's Notes. Acts 1971, No. 38, § 7, transferred, by a type 4 transfer, the State Parks, Recreation, and Travel Commission, together with its functions, powers, and duties, to the Department of Parks and Tourism. Pursuant to the transfer, the Governor is authorized, under § 25-2-107, to give written approval of the rules and regulations promulgated by the State Parks, Recreation, and Travel Commission as well as approval of the commission's nomination for Director of the Department of Parks and Tourism, who shall serve at the pleasure of the Governor.

Cross References. State Parks, Recreation, and Travel Commission, § 15-11-201 et seq.

Effective Dates. Acts 1937, No. 170, § 15: Mar. 3, 1937. Emergency clause provided: “Whereas, the conservation and promotion of the human and natural resources is recognized as a public right and duty; and

“Whereas, the General Assembly deems the acquiring and maintaining of an adequate state park system as necessary to the well-being of the people of this state; and

“Whereas, it is found and ascertained that the welfare of the people of this state is dependent upon the provisions of this act, an emergency is hereby declared to exist, and this act shall become effective and be in force from and after its passage and approval.”

Acts 1977, No. 842, § 11: Mar. 24, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly of the State of Arkansas that various Arkansas State parks are in dire need of construction, reconstruction, repairing, improving and equipping of facilities and that the immediate passage of this act is necessary to continue funds and appropriations for initiating said projects. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

22-4-101. Definitions.

As used in this subchapter:

“Land” means upland; land under water; the water of any lake, pond, or stream; any and all incorporeal hereditaments; and every estate, interest, and right, either legal or equitable, in land or water, including terms for years, liens thereon by way of judgment, mortgage, or otherwise, and all claims for damages to such property; and
“Park” means any area within the state which by reason of location, natural features, scenic beauty, or historical interest possesses distinctive physical, aesthetic, intellectual, creative, and social values.

History. Acts 1937, No. 170, § 10; Pope's Dig., § 12316; A.S.A. 1947, § 9-606.

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Park.

Land that was to be condemned for use as a presidential library, archives, or complex fit the definition of park set forth in this section, especially since that term was construed broadly. Pfeifer v. City of Little Rock, 346 Ark. 449, 57 S.W.3d 714 (2001).

22-4-102. Control of state parks and recreational areas.

All parks and recreational areas acquired by the state shall constitute the state parks system and shall be under the immediate control and management of the State Parks, Recreation, and Travel Commission.

History. Acts 1937, No. 170, § 6; Pope's Dig., § 12312; A.S.A. 1947, § 9-601.

A.C.R.C. Notes. Acts 2005, No. 1225, § 1, amended uncodified Acts 1957, No. 564, § 1 to read:

“The Department of Parks and Tourism is hereby authorized to establish a state park to be known as the Hampson Archeological Museum State Park, if

“(1) Suitable land for such park, in amount and location is donated to the Department of Parks and Tourism, without cost, with title to such land to be vested in fee simple in the State of Arkansas, and

“(2) The various relics, exhibits and other contents of the Hampson Memorial Museum of Archeology in Mississippi County near Wilson are donated to the Department of Parks and Tourism to be used and maintained in the Hampson Archeological Museum State Park.”

Publisher's Notes. The following parks were established by the acts indicated:

Arkansas Post National Memorial. Acts 1981, Nos. 243 and 263.

Hampson Museum State Park. Acts 1957, No. 564.

Hurricane Creek State Park. Acts 1963, No. 550.

Herman Davis Memorial Park. Acts 1953, No. 369.

Jacksonport State Park. Acts 1963, No. 554.

James Sevier Conway Historical Monument. Acts 1975, No. 329.

Jenkins Ferry Battleground State Park. Acts 1961, No. 10.

Louisiana Purchase State Park. Acts 1961, No. 174.

Marks' Mills Battleground. Acts 1961, No. 164.

Moro Bay State Park. Acts 1967, No. 425.

Mt. Magazine State Park. Acts 1983, No. 884.

Old Carrollton State Park. Acts 1959, No. 79.

Parkin Indian Mound State Park. Acts 1967, No. 399.

Parnell Springs State Park. Acts 1963, No. 553.

Pea Ridge National Park. Acts 1957, No. 192.

Pioneer Washington State Historical Monument. Acts 1965, No. 396.

Poinsett State Park. Acts 1963, No. 551.

Poison Springs Battleground State Park. Acts 1961, No. 182.

Sans Souci Landing. Acts 1967, No. 438.

Upper Strawberry River Watershed Area. Acts 1975, No. 685.

White Oak State Park. Acts 1969, No. 192.

Woolley Hollow Recreation Center. Acts 1971, No. 378.

Acts 1937, No. 170, established the Arkansas State Parks Commission. Acts 1945, No. 138, § 3, abolished the commission and transferred its duties to the Arkansas Resources and Development Commission, to be exercised by the Division of Forestry and Parks of the commission. The division was abolished and its duties relating to state parks were transferred to the State Forestry and Parks Commission by Acts 1953, No. 42, and thereafter transferred to the Publicity and Parks Commission by Acts 1955, No. 330. The Publicity and Parks Commission was redesignated the State Parks, Recreation and Travel Commission by Acts 1969, No. 85. The commission subsequently was transferred, together with its functions, powers, and duties, by a type 4 transfer to the State Department of Parks and Tourism pursuant to Acts 1971, No. 38.

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Cited: Scott v. State, 230 Ark. 766, 326 S.W.2d 812 (1959).

22-4-103. State Parks, Recreation, and Travel Commission — Powers generally.

The State Parks, Recreation, and Travel Commission, in addition to the other powers granted in this chapter, shall have the sole authority:

1. To acquire in the name of the state by purchase, lease, or agreement such land within the state as it may deem necessary or proper for the extension, development, or improvement of the state park system.
2. If the Department of Parks, Heritage, and Tourism is unable to agree with the owner of the land, or if by legal incapacity or absence of the owner, no agreement can be made for the purchase, the land may be acquired by condemnation proceedings instituted in the name of the state in the manner provided by law for the condemnation of property for public purposes.
3. No land shall be taken or contracted to be taken for an amount beyond the sum available therefor, and no tender shall be required for property taken by condemnation proceedings until the amount required to be paid is ascertained by the court sitting as a jury for the purpose of determining the value of the property condemned;
To take in its discretion in fee or otherwise, by gift or devise, land for state park and recreational purposes and to receive gifts, bequests, or contributions of money or other property to be used in extending, improving, or maintaining the state parks system;
To apply to the Commissioner of State Lands for the transfer of any state-owned land or land the title to which has reverted to the state by reason of tax delinquency and which is deemed by the department as suitable and desirable for park and recreational purposes. The Commissioner of State Lands is authorized and directed to make such transfers which shall operate as an appropriation of the land for park and recreational purposes forever and shall be a bar to any grants by the state of the land so transferred or of any interest in it for any purpose whatsoever;
To accept transfers and conveyances of rights and titles vested in the United States Government to land and buildings within this state for state park and recreational purposes or to lease them, under such conditions as the United States Government may impose;
To make expenditures from funds available for the care, supervision, improvement, development, and protection of the state parks system;
To remove or cause to be removed and to sell wood, timber, rocks, stone, or other products from the parks. All moneys received from the sale of those items shall be paid into the general fund of the State Treasury;
To cooperate with counties, municipalities, and other political subdivisions of the state, with other states, and with the federal government in matters relating to planning, establishing, developing, improving, or maintaining any park, parkway, or recreational area;
To appoint local and regional park and recreational councils to consider, study, and advise in the work of the commission for the extension, development, use, and maintenance of the parks for which appointed. The Chair of the State Parks, Recreation, and Travel Commission and the Secretary of the Department of Parks, Heritage, and Tourism shall be ex officio members of all councils so appointed; and
To confer on employees of the department the full authority of peace officers for all land under its jurisdiction and to confer on a certified law enforcement officer employed by the commission the authority to enforce the laws of the state, as permitted by law, anywhere within the state.

History. Acts 1937, No. 170, § 6; Pope's Dig., § 12312; A.S.A. 1947, § 9-601; Acts 2017, No. 202, § 2; 2019, No. 910, §§ 5690-5692.

Amendments. The 2017 amendment added “and to confer on a certified law enforcement officer employed by the commission the authority to enforce the laws of the state, as permitted by law, anywhere within the state” in (9).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (1)(B), (3), and (8); and substituted “Secretary” for “Director” in (8).

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Cited: Scott v. State, 230 Ark. 766, 326 S.W.2d 812 (1959).

22-4-104. State Parks, Recreation, and Travel Commission — Rule-making power — Penalty.

The State Parks, Recreation, and Travel Commission may establish and alter rules governing the use and protection of the state parks system and the property thereon and to preserve the peace therein.
A person who violates a rule established under subsection (a) of this section shall be guilty of an unclassified misdemeanor and upon conviction shall be punished by a fine of at least one hundred dollars ($100) and not more than five hundred dollars ($500) or imprisonment for not more than thirty (30) days, or both.

History. Acts 1937, No. 170, § 6; Pope's Dig., § 12312; A.S.A. 1947, § 9-601; Acts 2011, No. 745, § 1.

Publisher's Notes. As to approval of rules and regulations, see Publisher's Notes following subchapter analysis.

Amendments. The 2011 amendment deleted “and regulations” following “rules” in (a); in (b), substituted “a rule” for “any rule or regulation” and “of at least” for “not exceeding,” and inserted “and not more than five hundred dollars ($500)”.

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Cited: Scott v. State, 230 Ark. 766, 326 S.W.2d 812 (1959).

22-4-105. Department of Parks, Heritage, and Tourism — Leasing powers.

The Department of Parks, Heritage, and Tourism, in addition to any other powers granted in this chapter, shall have the sole authority to lease state park lands to private companies and to authorize the lessees to construct, maintain, and operate overnight accommodation facilities, recreational facilities, and the other major facilities which the department may deem appropriate.
Any lease executed by the department shall include provisions satisfactory to the department regarding the quality of services and facilities to be furnished by the lessee and the charges to be made therefor, or provisions reserving to the department the right to monitor and inspect the activities and facilities of the lessee to assure that the quality of the services and facilities provided by the lessee and the prices charged therefor are appropriate.
Failure of any lessee to comply with the terms of a lease or the reasonable requirements of the department regarding the quality of services and facilities provided by the lessee or the charges to be made therefor shall be grounds for the department to terminate the lease.
Each lease shall be for a term not to exceed twenty-five (25) years, and the lessee may be permitted to renew the lease for an additional period not to exceed twenty-five (25) years.
No long-term lease shall be entered into by the department unless it is approved by the State Parks, Recreation, and Travel Commission and the Legislative Council.

History. Acts 1937, No. 170, § 6; Pope's Dig., § 12312; Acts 1977, No. 253, § 1; A.S.A. 1947, § 9-601; Acts 2019, No. 910, § 5693.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a).

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Cited: Scott v. State, 230 Ark. 766, 326 S.W.2d 812 (1959).

22-4-106. Establishing and acquiring property for state parks — Procedure generally.

The Department of Parks, Heritage, and Tourism and the State Parks, Recreation, and Travel Commission are directed to consult with and seek the advice of the Governor, the Secretary of the Department of Finance and Administration, and the Legislative Council before establishing and acquiring properties for new state parks or before making acquisitions of real property for additions to or expansions of existing state parks which have not been specifically authorized or funded by the General Assembly.
The advice of the Governor, the secretary, and the Legislative Council shall be sought in writing by the department or the commission at least sixty (60) days prior to the final approval by the commission of any formal action to establish a new state park or to make acquisitions of real property for additions to or expansions of existing state parks if the action has not previously received specific legislative authorization.
If the Governor notifies the department or the commission in writing of his or her disapproval of any project, then the project shall not be undertaken unless specifically authorized by law at a subsequent legislative session.

History. Acts 1977, No. 842, § 6; A.S.A. 1947, § 9-602; Acts 2019, No. 910, § 5694.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” and “Secretary” for “Director” in (a).

Case Notes

Construction.

Trial court did not err in granting summary judgment for landowner and dismissing parks department's condemnation complaint because the department failed to follow the procedures set forth in this section for acquiring park lands, such as receiving the Governor's written approval; further, Acts 2001, No. 1102, and Acts 2003, No. 1605, the acts funding the land acquisition, were not more specific legislation that negated the procedures in this section, rather, the Acts were general appropriation provisions that provided the funding mechanisms for the department to acquire additional lands, while this section established the procedures to be followed. State ex rel. Ark. Dep't of Parks & Tourism v. Jeske, 365 Ark. 279, 229 S.W.3d 23 (2006).

22-4-107. Reservation of parks for public use.

All parks acquired by the state shall forever be reserved and maintained by the state for the use and enjoyment of the public.
It shall be the duty of the State Parks, Recreation, and Travel Commission to preserve the parks in their natural condition so far as may be consistent with their use and safety and to improve them in such manner as not to lessen their natural, scenic, historic, and wildlife values.

History. Acts 1937, No. 170, § 11; Pope's Dig., § 12317; A.S.A. 1947, § 9-607.

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Cited: Sierra Club v. Davies, 743 F. Supp. 1334 (E.D. Ark. 1990).

22-4-108. Sale or exchange of lands.

The State Parks, Recreation, and Travel Commission is given authority to exchange any lands now belonging to the state for state park purposes for other lands that are suitable for such purposes and to sell any lands belonging to the state for state park purposes and invest the proceeds thereof in other lands suitable for such purposes, such sale or exchange to be had only with the approval of the Governor.
In case of a sale or exchange of such lands, the Chair of the State Parks, Recreation, and Travel Commission and the Secretary of the State Parks, Recreation, and Travel Commission are empowered to execute a deed fully conveying the interest of the state therein. The deed shall bear the endorsement of the approval of the Governor and shall not be required to be acknowledged.
This authority to sell and exchange shall extend only to lands which the commission finds are unsuited for state park purposes.

History. Acts 1937, No. 170, § 14; Pope's Dig., § 12319; A.S.A. 1947, § 9-608.

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Cited: Sierra Club v. Davies, 743 F. Supp. 1334 (E.D. Ark. 1990).

22-4-109. Acquisition of land for hiking trails.

The Department of Parks, Heritage, and Tourism is authorized to acquire, by purchase, gift, or devise, interest in real property less than fee interest, including, but not limited to, easements for the purpose of establishing trails for public hiking and for related purposes over lands contiguous to lands controlled by the department.
The interest in real property less than fee interest shall be acquired solely by gift or devise from the owner of the interest or by negotiating and contracting with the owner for the interest.
Under no circumstances shall the interest be acquired by the department under the power of eminent domain.

History. Acts 1973, No. 243, § 1; A.S.A. 1947, § 9-603; Acts 2019, No. 910, § 5695.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a).

22-4-110. Expenditures and contributions of counties, cities, or towns.

Any county, city, or town may expend money from any funds available to aid in the purchase of land within the county which, when purchased, shall become the property of the state to be cared for and administered as a part of the state parks system, but only if the State Parks, Recreation, and Travel Commission has first agreed in writing to the acceptance of the land.
Any county, city, or town may annually contribute money to the commission from any funds available to be expended in the care, improvement, and maintenance of any park within the county.

History. Acts 1937, No. 170, § 7; Pope's Dig., § 12313; A.S.A. 1947, § 9-604.

Case Notes

Constitutionality.

Sections 22-4-101 — 22-4-105, 22-4-107, 22-4-108, 22-4-110, and 22-4-111 are not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

22-4-111. [Repealed.]

Publisher's Notes. This section, concerning the annual report of the State Parks, Recreation, and Travel Commission, was repealed by Acts 2013, No. 1463, § 1. This section was derived from Acts 1937, No. 170, § 9; Pope's Dig., § 12315; A.S.A. 1947, § 9-605.

22-4-112. Lower White River Museum State Park.

The Prairie County Museum State Park is renamed the Lower White River Museum State Park.

History. Acts 2005, No. 1155, § 1.

22-4-113. Use of certain vehicles by person with a disability document and valid driver's license — Definitions.

As used in this section:
1. “All-terrain vehicle” has the same meaning as in § 27-21-102;
2. “Disability document” means:
  1. An Arkansas license plate beginning with the letters “DV” or “DAV”;
  2. A license plate or certificate from any state that displays:
    1. The international symbol of access;
    2. The word “disabled”; or
    3. Both the international symbol of access and the word “disabled”;
  3. An America the Beautiful Access Pass or America the Beautiful Golden Access Passport; or
  4. A disability document from the Social Security Administration or the United States Department of Veterans Affairs establishing a determination of a mobility-based disability; and
3. “Recreation use area” means:
  1. A campground;
  2. A day-use or picnic area; and
  3. Cabin and lodge areas.
1. 1. A person who has a disability document and a valid driver's license may operate an all-terrain vehicle or a golf cart on roads only within developed recreation use areas located within a park and recreational area under the control and management of the State Parks, Recreation, and Travel Commission.
  2. The authority to operate an all-terrain vehicle or a golf cart under subdivision (b)(1)(A) of this section includes Arkansas Department of Transportation drives designated as the State Highway (S.H.) 600 Series within the state parks and recreational areas.
2. A person shall not operate an all-terrain vehicle or golf cart from one recreation-use area to another.
An all-terrain vehicle or golf cart that is operated from one-half (½) hour after sunset and one-half (½) hour before sunrise or any other time when there is insufficient light to render clearly discernible persons at a distance of five hundred feet (500') shall have proper lights on the all-terrain vehicle or golf cart.

History. Acts 2011, No. 221, § 1; 2017, No. 707, § 81; 2019, No. 236, § 1.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(1)(B).

The 2019 amendment rewrote the introductory language of (a)(2)(B), and added (a)(2)(B)(i) through (A)(2)(B)(iii), and made a stylistic change.

Subchapter 2 — Classification

22-4-201. Classifications of state parks.

The State Parks, Recreation, and Travel Commission shall classify each state park into one (1) of the following classifications:

Official state parks shall be those parks which the commission determines to have sufficient facilities and recreational and tourist attractions to meet standards established by the commission for designation as a state park;
State historical monuments shall be those facilities presently classified as state parks which shall be reclassified as state historical monuments because of their historical value and attractiveness with respect to the history of Arkansas and of the Southwest but which do not have facilities meeting the standards of the commission to be classified as state parks;
State museums shall consist of those facilities presently classified as state parks which shall be reclassified as state museums because of the nature of the facilities and the exhibits and attractions thereof which justify classification as a state museum rather than a state park;
State recreational areas shall be all other facilities now classified as state parks which do not have the facilities to justify classification as a state park under the standards established by the commission but which do offer limited or specialized recreational facilities of interest and attraction to the public; and
State arboretums shall consist of those arboretums classified as state parks but not included in any other classification under this section.

History. Acts 1965, No. 37, § 2; A.S.A. 1947, § 9-610; Acts 1991, No. 1039, § 1.

Publisher's Notes. Acts 1965, No. 37, § 1, authorized the former Arkansas Publicity and Parks Commission, now the State Parks, Recreation, and Travel Commission, to make a study and review of all parks designated by law or regulation as state parks to determine the facilities, recreational and tourist attractions, historical attractiveness of each park and such other general information as required by the commission in classifying each park in the manner provided in this subchapter.

22-4-202. Reclassification of state parks.

The State Parks, Recreation, and Travel Commission shall periodically review the classification or designation of state parks as provided in § 22-4-201 and may reclassify any park when the commission determines that the facilities, attractions, public use, or recreational values thereof justify a reclassification under standards promulgated by the commission.

History. Acts 1965, No. 37, § 3; A.S.A. 1947, § 9-611.

22-4-203. Effect of classification or reclassification.

All state parks classified by the State Parks, Recreation, and Travel Commission under the provisions of § 22-4-201, or reclassified under the provisions of § 22-4-202, shall continue to be a part of the state parks system. Any reclassification shall be for the purpose of more proper classification and identification in order that the public might be better advised with respect to each facility in its selection or use thereof.
Nothing in this subchapter shall affect the powers of the commission to issue revenue bonds for the improvement of any facility in the state parks system, or the pledge of revenues therefrom, regardless of classification by the commission under this subchapter.

History. Acts 1965, No. 37, § 4; A.S.A. 1947, § 9-612.

Subchapter 3 — Revenue Bonds and Other Funds

Effective Dates. Acts 1953, No. 399, § 12: approved Mar. 28, 1953. Emergency clause provided: “It is hereby found and declared that the State of Arkansas does not now have a sufficient program of State Parks and that such program is needed and should be put in force as soon as possible to the end that the people of Arkansas may have adequate recreational facilities and that residents of other states may be attracted to the state. In consequence of such facts, an emergency is hereby declared to exist, rendering this act necessary for the immediate preservation of the public peace, health and safety. This act shall therefore take effect and be in full force and effect from and after the date of its passage.”

Acts 1957, No. 279, § 9: Mar. 27, 1957. Emergency clause provided: “It has been found and is hereby declared by the General Assembly that immediate action is necessary in order to accomplish the purpose of this act and that delay will probably result in excessive interest costs on bonds issued pursuant to this act and further that moneys to be derived from the sale of such bonds are badly needed at this time in order to accomplish the purpose of this act. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1970 (1st Ex. Sess.), No. 35, § 4: Mar. 13, 1970. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the financing of the public improvements to which this act pertains is not feasible under existing maximum interest rate limitations, that the accomplishment of these public improvements is essential to the continued development of this state and the continued improvement of this state and the continued improvement of the economic conditions of her people, and that these public improvements can be accomplished only by the immediate effect of this act. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1975, No. 225, § 26: became law without Governor's signature, Feb. 19, 1975. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the financing of the public improvements to which this act pertains is not feasible under existing maximum interest rate limitations, that the accomplishment of these public improvements is essential to the continued development of this state and the continued improvement of the economic conditions of her people, and that these public improvements can be accomplished only by the immediate effect of this act. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Acts 1980 (1st Ex. Sess.), No. 71, § 7: Feb. 12, 1980. Emergency clause provided: “It is hereby found and determined by the General Assembly that Acts 1977, No. 310, as amended, provides for the establishment of the Arkansas Oil and Brine Museum but that funds are not currently available for the construction of the Museum; that this act is designed to authorize the Parks, Recreation and Travel Commission to issue bonds for the construction of the Museum, and to pledge funds derived from a fee of twenty (20) mills per barrel levied by this act on oil produced in the state and ten (10) cents per 1,000 barrels of brine produced in this state for the purpose of bromine extraction; that it is urgent that this act be given effect at the earliest possible date to enable the Commission to proceed with the issuance of bonds and the construction of the Museum. Therefore, an emergency is hearby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 425, § 54: Mar. 11, 1981. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the financing of the public improvements to which this act pertains is not feasible under existing maximum interest rate limitations, that the accomplishment of these public improvements is essential to the continued development of this state and the continued improvement of the economic conditions of her people, and that these public improvements can be accomplished only by the immediate effect of this act. Therefore, an emergency is declared to exist and this act, being necessary for the preservation of the public peace, health and safety, shall be in effect from and after its passage and approval.”

Case Notes

Constitutionality.

Acts 1953, No. 399, creating the state park system, is not unconstitutional. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

22-4-301. [Repealed.]

Publisher's Notes. This section, concerning the supchapter as a complete authority, was repealed by Acts 2001, No. 1390, § 1. The section was derived from Acts 1957, No. 279, § 6; A.S.A. 1947, § 9-623.

22-4-302. Financing authority.

The State Parks, Recreation, and Travel Commission is authorized and empowered to obtain the necessary funds for the purpose of extending, developing, and improving the state parks system from any source or sources necessary and consistent with this subchapter, § 22-4-101 et seq., and § 22-4-201 et seq., including, without limitation, contracting with the Arkansas Development Finance Authority to provide for the issuance of bonds by the authority in accordance with the Arkansas Development Finance Authority Act, § 15-5-101 et seq., §§ 15-5-201 — 15-5-211, 15-5-213, and §§ 15-5-301 — 15-5-316.

History. Acts 1953, No. 399, § 1; 1957, No. 279, § 1; A.S.A. 1947, § 9-613; Acts 2001, No. 1390, § 2.

Publisher's Notes. Acts 1985, No. 1062, § 24, provided, in part, that the authority of the State Parks, Recreation, and Travel Commission to issue revenue bonds pursuant to Acts 1953, No. 399 was transferred to the Arkansas Development Finance Authority and that from May 1, 1985, the issuer of revenue bonds pursuant to Acts 1953, No. 399 means the Authority.

Amendments. The 2001 amendment rewrote this section.

Case Notes

Constitutionality.

Constitutional Amendment 20 does not apply to bonds for which the state's faith and credit are not pledged. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

22-4-303, 22-4-304. [Repealed.]

Publisher's Notes. These sections, concerning the issuance and terms of bonds and the sale of bonds, were repealed by Acts 2001, No. 1390, §§ 3 and 4, respectively. The sections were derived from the following sources:

22-4-303. Acts 1953, No. 399, § 3; 1970 (1st Ex. Sess.), No. 35, § 1; 1975, No. 225, § 8; 1981, No. 425, § 8; A.S.A. 1947, § 9-615.

22-4-304. Acts 1953, No. 399, §§ 1, 3; 1957, No. 279, § 1; 1970 (1st Ex. Sess.), No. 35, § 1; 1975, No. 225, § 8; 1981, No. 425, § 8; A.S.A. 1947, §§ 9-613, 9-615.

22-4-305. Authority of State Parks, Recreation, and Travel Commission to impose fees for services — Pledge of revenues from fees — Restrictions.

The State Parks, Recreation, and Travel Commission is authorized and directed to prescribe and collect reasonable fees, rates, tolls, and charges for the services, facilities, and commodities rendered by the properties and equipment of the state parks system.
The authority and power of the commission includes the right to erect and operate cabins, lodges, restaurants, and other facilities and improvements for the convenience of the public and the right to erect and lease to third parties for operation such facilities and improvements upon such terms as the commission may determine.
1. The commission shall revise the rates, fees, tolls, charges, and rentals whenever necessary to ensure that the revenues therefrom, together with other available funds, shall be fully sufficient to discharge all obligations of the commission pertaining to the principal of and interest on any bonds as the principal and interest become due.
2. The gross revenue derived by the commission from all or any part of the properties and equipment of the state parks system may be pledged to the payment of revenue bonds authorized to be issued by this subchapter even though the proceeds from a particular bond issue may be used for the development or improvement of one (1) or more, but less than all, state parks.
The bonds shall not constitute an indebtedness of the commission or of the State of Arkansas within the meaning of any constitutional or statutory limitation, and this shall be so stated on the face of each bond.

History. Acts 1953, No. 399, §§ 1, 2; 1957, No. 279, §§ 1, 2; A.S.A. 1947, §§ 9-613, 9-614; Acts 2001, No. 1390, § 5.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-4-302.

Amendments. The 2001 amendment substituted “State Parks, Recreation, and Travel Commission” for “commission” in (a); deleted “including, without limitation, the right to enter into long-term leases running for the life of any bond issue” at the end of (b); and deleted (d)(2) and made related changes.

Case Notes

Constitutionality.

Constitutional Amendment 20 does not apply to bonds for which the state's faith and credit are not pledged. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

22-4-306. [Repealed.]

Publisher's Notes. This section, concerning remedies of bondholders, was repealed by Acts 2001, No. 1390, § 6. The section was derived from Acts 1953, No. 399, § 4; A.S.A. 1947, § 9-616.

22-4-307. Bonds and property — Exemptions.

All of the property controlled and operated by the State Parks, Recreation, and Travel Commission and the interest on all bonds issued under this subchapter shall be exempt from taxation by the State of Arkansas or by any municipal corporation, county, or other political subdivision or taxing district of the state.

History. Acts 1953, No. 399, §§ 6, 7; 1957, No. 279, § 3; A.S.A. 1947, §§ 9-617, 9-618; Acts 2001, No. 1390, § 7.

Publisher's Notes. As to transfer of authority to issue bonds, see Publisher's Notes to § 22-4-302.

Amendments. The 2001 amendment deleted (b) and made related changes.

Case Notes

Ad Valorem Taxation.

This section does not exempt the bonds or their interest from ad valorem taxation but merely exempts the interest on such bonds from the state income tax. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Commission's Property.

The exemption of the commission's own property from taxation is clearly valid. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

22-4-308, 22-4-309. [Repealed.]

Publisher's Notes. These sections, concerning refunding bonds and bonds as authorized investments, were repealed by Acts 2001, No. 1390, §§ 8 and 9, respectively. These sections were derived from the following sources:

22-4-308. Acts 1953, No. 399, § 9; A.S.A. 1947, § 9-620.

22-4-309. Acts 1953, No. 399, § 8; A.S.A. 1947, § 9-619.

22-4-310. Parks system revenues kept separate — Use of funds.

The following revenues and moneys are determined and declared to be cash funds which the State Parks, Recreation, and Travel Commission shall hold as separate funds and deposit in trust in any banks or depositories, other than the State Treasury, which the commission may select:
1. The gross revenue derived by the commission from the properties and equipment of the state parks system;
2. The moneys received by the commission from the sale of any wood, timber, rocks, stone, water, or other products from the state parks;
3. The moneys received by the commission from the sale of any state park lands, facilities, and improvements;
4. All moneys received by the commission as proceeds of insurance policies on any of the properties and equipment of the state parks system; and
5. All moneys received for state parks purposes from federal means, grants, contributions, gratuities, or reimbursements or from contributions, grants, or gratuities donated by private persons, corporations, or organizations which are subject to restrictions imposed by the respective federal agencies, private persons, corporations, or organizations furnishing these moneys.
All such revenues and moneys shall be subject to payment out of the funds for state parks purposes, including the payment of the principal and interest on revenue bonds issued by the Arkansas Development Finance Authority in the manner and at such times as the commission may direct.

History. Acts 1953, No. 399, § 10; 1957, No. 279, § 4; A.S.A. 1947, § 9-621; Acts 2001, No. 1390, § 10.

Amendments. The 2001 amendment substituted “revenue bonds issued by the Arkansas Development Finance Authority” for “bonds” in (b) and made minor stylistic changes.

Case Notes

Constitutionality.

Provision that revenue securing bonds shall be deposited in banks instead of being covered into State Treasury is not forbidden by Constitution. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

Deposit of Pledged Revenue.

Provisions of this section requiring the placing of the pledged revenue in banks were not superseded by later provision requiring the deposit of park funds in the State Treasury. Fairbanks v. Sheffield, 226 Ark. 703, 292 S.W.2d 82 (1956).

22-4-311. [Repealed.]

Publisher's Notes. This section, concerning the use of appropriated funds, was repealed by Acts 2001, No. 1390, § 11. The section was derived from Acts 1957, No. 279, § 5; A.S.A. 1947, § 9-622.

22-4-312. Bonds for construction of Arkansas Museum of Natural Resources.

The State Parks, Recreation, and Travel Commission may, in accordance with the provisions of this subchapter, issue bonds in an amount not to exceed two million dollars ($2,000,000) for the purpose of providing funds for the construction of the Arkansas Museum of Natural Resources as provided for in §§ 13-5-401 — 13-5-404 and 26-58-301 and, to secure the bonds, may pledge all funds derived from a fee of twenty (20) mills per barrel of oil produced in this state and a fee of ten cents (10¢) per one thousand (1,000) barrels of brine produced in this state for the purpose of bromine extraction as provided in § 26-58-303.
Bonds so issued shall not constitute an indebtedness of the commission or of the State of Arkansas within the meaning of any constitutional or statutory limitation, and this shall be so stated on the face of each bond.

History. Acts 1980 (1st Ex. Sess.), No. 71, § 1; A.S.A. 1947, § 9-623.1.

Publisher's Notes. Acts 1985, No. 1062, § 24, provided, in part, that the authority of the State Parks, Recreation, and Travel Commission to issue revenue bonds pursuant to Acts 1980 (1st Ex. Sess.), No. 71 was transferred to the Arkansas Development Finance Authority and that from May 1, 1985, the issuer of revenue bonds pursuant to Acts 1980 (1st Ex. Sess.), No. 71 means the Authority.

22-4-313. Bonds for construction of lodge and cabins.

The State Parks, Recreation, and Travel Commission, in accordance with the provisions of this subchapter, may contract with the Arkansas Development Finance Authority to provide for the issuance of bonds by the authority for the purpose of providing funds for the design, construction, and equipping of a lodge and cabins and related facilities and improvements to be located in Mount Magazine State Park and to provide funds for reasonable financing costs, including costs of issuance, capitalized interest, and a debt service reserve fund.
In order to secure the bonds, the commission is authorized to pledge to pay debt service on the bonds, the fees, rates, tolls, and charges for the services, facilities, and commodities rendered by the properties and equipment of the state parks system pursuant to § 22-4-305.

History. Acts 2001, No. 1390, § 12.

Publisher's Notes. Former §§ 22-4-313 and 22-4-314, concerning fee reductions for “Golden Age Passport” holders and for elderly persons and totally disabled veterans, were repealed by Acts 1993, No. 278, § 1. The sections were derived from the following sources:

22-4-313. Acts 1977, No. 335, § 1; 1979, No. 204, § 1; A.S.A. 1947, § 9-614.1.

22-4-314. Acts 1977, No. 385, § 1; 1979, No. 321, § 1; 1985, No. 155, § 1; A.S.A. 1947, §§ 9-614.2, 9-614.3.

Subchapter 4 — Arkansas Trails System Act

A.C.R.C. Notes. References to “this subchapter” in §§ 22-4-401 — 22-4-407 may not apply to § 22-4-408 which was enacted subsequently.

22-4-401. Title.

This subchapter may be cited as the “Arkansas Trails System Act”.

History. Acts 1979, No. 132, § 1; A.S.A. 1947, § 9-603.1.

22-4-402. Definitions.

As used in this subchapter:

“Right-of-way” means the strip of land over which a trail is constructed whether acquired by easement or fee simple title; and
“Trail” means any road, pathway, route, or other identifiable linear facility designated, constructed, and maintained to provide specific recreational experiences to the public. Trails may be established for hiking, biking, boating, canoeing, motorcycling, horse riding, use by individuals with disabilities, and other trail-oriented uses.

History. Acts 1979, No. 132, § 2; A.S.A. 1947, § 9-603.2; Acts 1997, No. 208, § 24.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

22-4-403. Administration of Arkansas Trails System.

A statewide trails system to be called the “Arkansas Trails System” is authorized to be administered by the State Parks Division. The administration shall include:

Coordination of trail development between state, federal, county, municipal, and private entities;
Development of a wide variety of types of trails to provide maximum trail opportunities for the citizens of Arkansas;
Establishment of an interconnected trails system by developing new trails or by connecting existing trails or recreation areas;
Encouraging the development of trails in or near population centers;
Providing technical assistance for trail development and maintenance; and
Providing information about Arkansas trails.

History. Acts 1979, No. 132, § 3; A.S.A. 1947, § 9-603.3; Acts 2019, No. 910, § 5696.

Amendments. The 2019 amendment deleted “of the Department of Parks and Tourism” following “State Parks Division” in the introductory language.

22-4-404. Arkansas Trails Council — Creation — Powers and duties.

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.
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.
The Department of Parks, Heritage, and Tourism's representative on the council shall serve as the council's executive secretary.
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.
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.
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.
The council shall assist in updating the Arkansas Trails Plan, a part of the Statewide Comprehensive Outdoor Recreation Plan.
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.
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.
The council shall not have the power of eminent domain.

History. Acts 1979, No. 132, §§ 4, 7; A.S.A. 1947, §§ 9-603.4, 9-603.7; Acts 2019, No. 910, §§ 5697, 5698.

Amendments. The 2019 amendment, in (a), deleted “of the Department of Parks and Tourism” following the first occurrence of “State Parks Division” and substituted the second occurrence of “State Parks Division” for “division”; and substituted “Department of Parks, Heritage, and Tourism's” for “Department of Parks and Tourism's” in (c).

22-4-405. Criteria for acceptance into Arkansas Trails System.

Trails accepted into the Arkansas Trails System shall meet criteria as established by the Arkansas Trails Council and the State Parks Division, which shall include:

A guaranteed right-of-way for public use for a minimum period of five (5) years;
Trail operation and maintenance for a minimum period of five (5) years by an acceptable responsible organization;
Adherence to state trails standards and guidelines for the trail type designated;
Readiness of the trail for public use;
Proper marking and signing; and
Conformity of the trail with goals established in the Statewide Comprehensive Outdoor Recreation Plan or the Arkansas Trails Plan.

History. Acts 1979, No. 132, § 6; A.S.A. 1947, § 9-603.6; Acts 2019, No. 910, § 5699.

Amendments. The 2019 amendment deleted “of the Department of Parks and Tourism” following “State Parks Division” in the introductory language.

22-4-406. Classifications of trails.

Trails in the Arkansas Trails System shall be classified according to their designated use and shall include, but not be limited to, the following classifications:

Interpretive trail — a route having natural, cultural, or historical points of interest identified to the public through the use of markers, plaques, brochures, or other readily recognizable means;
Hiking trail — a route designated, designed, and maintained for foot travel;
Bicycle trail — a route designated, designed, and maintained primarily for bicycle travel;
Motorcycle trail — a route designated, designed, and maintained primarily for trail activity by motorcycle;
Boat trail — a separate route or lane designated and maintained for trail activity by boat;
Canoe trail — a route designated and maintained for canoeing experiences;
Automobile trail — a properly marked roadway designated and maintained for recreational automobile travel;
Equestrian trail — a route designated, designed, and maintained for trail activity for horse riding;
Handicap trail — a route designated for trail activity by special groups as well as the general public; and
Recreational trail — a route designed to meet specific recreational and physical fitness needs.

History. Acts 1979, No. 132, § 5; A.S.A. 1947, § 9-603.5.

22-4-407. Public access to private lands.

Nothing in this subchapter shall be construed to give the public any greater right or privilege of access to private lands than that permitted by easement granted by the landowner.

History. Acts 1979, No. 132, § 8; A.S.A. 1947, § 9-603.8.

22-4-408. [Repealed.]

Publisher's Notes. This section, concerning legislative intent and purpose, was repealed by Acts 2017, No. 255, § 1. The section was derived from Acts 1997, No. 208, § 1.

Subchapter 5 — Property Dedicated for Public Parks

Effective Dates. Acts 1959, No. 224, § 6: Mar. 25, 1959. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that there is a dire need for providing a method of disposing of or leasing certain publicly owned recreational facilities in the state, and the enactment of this bill will provide such method. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1961, No. 25, § 2: Feb. 2, 1961. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that there is a dire need for providing a method of disposing of or leasing certain publicly owned recreational facilities in the state, and the enactment of this bill will provide such method. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Case Notes

Exchange of Property.

Where city exchanged a portion of a playground for another tract, this subchapter was applicable. James Co. v. Sheppard, 249 Ark. 81, 458 S.W.2d 752 (1970).

22-4-501. Disposition of property authorized.

1. The state or any municipal corporation, county, or other political subdivision thereof shall have the authority to sell, lease, grant, exchange, or otherwise dispose of any property, or interest therein, comprising parks, playgrounds, golf courses, swimming pools, or other property which has been dedicated to a public use for recreational or park purposes by a private citizen, corporation, or association. The property, or interest therein, may have been thereafter acquired by the state, county, city, or other political subdivision thereof without regard to whether the public use has been previously abandoned or whether the property has become unsuitable or inadequate for the purpose for which originally dedicated.
2. Any disposition shall be on such terms and conditions as may be deemed desirable or necessary.
1. Any municipality in this state shall have the authority to lease to any individual, firm, or corporation municipal property comprising parks, playgrounds, golf courses, swimming pools, or other property which have been dedicated to a public use for recreational or park purposes on such terms and conditions as may be desirable or necessary.
2. Any municipality is also authorized to lease municipally owned lands and facilities to a community college board to be used for educational purposes.
3. Any lease under this subsection shall be for a period not to exceed ninety-nine (99) years.
4. Those persons or entities holding leases on municipal park and recreational facilities on July 5, 1977, shall have the first option to renew their leases.
Except as provided in subsection (b) of this section, any lease under this subchapter shall be for a period not to exceed twenty (20) years.

History. Acts 1959, No. 224, § 1; 1961, No. 25, § 1; 1965, No. 102, § 1; 1977, No. 795, § 1; A.S.A. 1947, §§ 14-701, 19-3646.

Publisher's Notes. Acts 1977, No. 795, § 1, is also codified as § 14-269-103(b).

Case Notes

Authority to Lease.

This section and § 14-269-103 grant a municipality the authority to lease property it obtained through eminent domain proceedings to use as a park to any individual, firm, or corporation, even though a lessee might place a presidential library, park, or complex on that property. Pfeifer v. City of Little Rock, 346 Ark. 449, 57 S.W.3d 714 (2001).

Permit to Erect Benches.

Granting a permit to erect benches with advertising material on them is not a sale or other disposition of a park or recreational facility under this section. Hood v. Pine Bluff, 238 Ark. 826, 385 S.W.2d 1 (1964).

22-4-502. Officers authorized to execute disposition.

Any sale, lease, grant, or other disposition authorized by § 22-4-501 shall be in the discretion of, and executed by:

The Governor, as to state property;
The county judge, as to county property;
The mayor and council, city commissioners, or other governing authority, as to property of a municipal corporation.

History. Acts 1959, No. 224, § 2; A.S.A. 1947, § 14-702.

Case Notes

Cited: James Co. v. Sheppard, 249 Ark. 81, 458 S.W.2d 752 (1970).

22-4-503. Procedure for advertising disposition — Bids.

Any sale, lease, grant, exchange, or other disposition of any property under the provisions of this subchapter shall be made only after advertising the disposition in a newspaper in which legal advertisements are published for the county in which the land or other facilities to be disposed of lie, one (1) time a week for four (4) weeks.
In the event the property to be sold lies in more than one (1) county, the advertisement shall be run one (1) time a week for four (4) weeks in the newspaper in which legal advertisements are published for each county.
All state property required to be advertised under this subchapter shall also be advertised in two (2) additional newspapers of general circulation in this state.
The advertisements shall describe the property, state the manner of disposition to be made, specify the time and place of the disposition, and state any other requirements stipulated by the disposing instrumentality of government, including an award to the highest responsible bidder, subject to the provisions of subsection (f) of this section.
All sales and other dispositions under the provisions of this subchapter shall be made under the terms of the advertisement for cash sale, rental, or lease consideration.
The selling or disposing authority shall have the right to reject all bids in the event the high bid shall prove unsatisfactory for any reason. The property shall then be readvertised and disposed of pursuant to this section.

History. Acts 1959, No. 224, § 3; A.S.A. 1947, § 14-703.

Case Notes

Exchange of Property.

Where city exchanged a portion of a playground for another tract, this section required advertising of the transaction. James Co. v. Sheppard, 249 Ark. 81, 458 S.W.2d 752 (1970).

Tract.

Term “tract” as used in Acts 1935, No. 170, § 9, relating to advertising rates, meant a tract as limited by § 2 of that act, providing for contiguous lots to be entered as one tract. Moses v. Gingles, 208 Ark. 788, 187 S.W.2d 892 (1945).

22-4-504. Obligation of contract provision or indebtedness not impaired.

Nothing in this subchapter shall be construed as impairing the obligation of any contract provision, bond issue, or other indebtedness thereon, whether by way of reversionary clause or otherwise.

History. Acts 1959, No. 224, § 4; A.S.A. 1947, § 14-704.

Case Notes

Cited: James Co. v. Sheppard, 249 Ark. 81, 458 S.W.2d 752 (1970).

Subchapter 6 — Crowley's Ridge Trail Commission

22-4-601, 22-4-602. [Repealed.]

A.C.R.C. Notes. Acts 2001, No. 783, § 1, provided:

“The following are hereby abolished: (1) The Advisory Committee on Accountability; (2) The Crowley's Ridge Trail Commission; (3) The advisory council to the Arkansas Natural Heritage Commission of the Department of Arkansas Heritage; (4) The Advisory Board for Director of the Arkansas High Technology Training Center; (5) The Low-Level Radioactive Waste Advisory Group; (6) The Arkansas Medal of Honor Commission; (7) The Quality Management Board; and (8) The Arkansas Task Force on Timber Land Assessment;”.

Publisher's Notes. This subchapter, concerning the Crowley's Ridge Trail Commission, was repealed by Acts 2001, No. 783, § 2. The section was derived from the following sources:

22-4-601. Acts 1997, No. 564, § 1.

22-4-602. Acts 1997, No. 564, § 2.

Subchapter 7 — Trail of Tears Historic Bike Route Act

22-4-701. Title.

This subchapter shall be known and may be cited as the “Trail of Tears Historic Bike Route Act”.

History. Acts 2017, No. 1009, § 1.

22-4-702. Creation of bike route.

The route along U.S. Highway 62 from the border between Oklahoma and Arkansas to the Trail of Tears Park and Historic Site located on the campus of the University of Arkansas at Fayetteville at the northwest corner of the intersection of Stadium Drive and Martin Luther King Jr. Boulevard, thirty-six degrees three seconds north (36° 00' 03" N) and ninety-four degrees ten seconds west (94° 00' 10" W), is designated the “Trail of Tears Historic Bike Route”.

History. Acts 2017, No. 1009, § 1.

22-4-703. Requirements — Definitions — Funding.

As used in this section:
1. “Sign” means a permanent marker placed along the Trail of Tears Historic Bike Route identifying the route as the “Trail of Tears Historic Bike Route”; and
2. “Trail of Tears Historic Bike Route” means the route along U.S. Highway 62 from the border between Oklahoma and Arkansas to the Trail of Tears Park and Historic Site located on the campus of the University of Arkansas at Fayetteville at the northwest corner of the intersection of Stadium Drive and Martin Luther King Jr. Boulevard, thirty-six degrees three seconds north (36° 00' 03" N) and ninety-four degrees ten seconds west (94° 00' 10" W).
The Arkansas Department of Transportation may:
1. Erect appropriate signs along the Trail of Tears Historic Bike Route; and
2. Construct a bicycle lane along the Trail of Tears Historic Bike Route that conforms to federal standards regarding the bicycle lane's:
  1. Width;
  2. Design; and
  3. Pavement markings.
The department may apply for, receive, and use gifts, grants, and donations from private and public sources to:
1. Acquire and install the signs and construct the bicycle lane required under subsection (b) of this section; and
2. Maintain, replace, or reconstruct the signs and the bicycle lane required under subsection (b) of this section.

History. Acts 2017, No. 1009, § 1.

Chapter 5 State Lands Generally

Research References

Am. Jur. 63C Am. Jur. 2d, Public Lands, § 1 et seq.

72 Am. Jur. 2d, States, § 67 et seq.

C.J.S. 73B C.J.S., Pub. Lands, § 1 et seq.

Subchapter 1 — General Provisions

Preambles. Acts 1983, No. 696, contained a preamble which read:

“Whereas, in some areas of the state the rights-of-way of state highways are wider than necessary and mowing and other maintenance of such excess area is not economically practical; and

“Whereas, if the entire area of such rights-of-way is not properly managed it becomes unattractive and may become a fire and smoke hazard; and

“Whereas, a substantial part of the excess rights-of-way along state highways is suitable for growing pine; and

“Whereas, it would appear that planting of pine in those portions of state highways that are not needed for roadways, shoulders and other highway related uses, and on other lands owned by the state or the Highway and Transportation Department, such as barrow pits and dirt pits would not only beautify such areas but if properly managed and sold could be a source of revenues to the state; and

“Whereas, since the State Highway and Transportation Department and the State Forestry Commission are the two agencies that would be directly involved in any such program, those agencies should investigate the feasibility of initiating such program;

“Now, therefore….”

22-5-101. Program for growing pine on highway rights-of-way — Responsibilities of Arkansas Forestry Commission — Thinning practices — Disposition of proceeds.

The Arkansas Department of Transportation shall determine those state highway rights-of-way that are wider than necessary for highway purposes and those borrow pits, dirt pits, and other highway-related lands owned by the state or the department that could be used to produce pine timber for pulpwood or other uses and shall submit a listing of these areas to the Arkansas Forestry Commission which shall inspect the areas to determine if they are suitable for planting and growing pine.
If the department and the Arkansas Forestry Commission determine that there are enough such areas to make it feasible to initiate a program for planting and producing pine thereon, the two agencies shall cooperatively initiate and maintain such program as soon as practicable.
When a program authorized by this section is initiated, the Arkansas Forestry Commission shall have the responsibility for all planting and management under the program and for applying appropriate silvicultural practices thereto, including the harvesting and marketing of wood products so produced.
If the department determines that traffic safety demands that different thinning practices than those normally applied in the management of such timber are required to accommodate highway safety, the Arkansas Forestry Commission shall make arrangements for thinning of the timber growth along the rights-of-way in the manner and to the extent directed by the State Highway Commission.
When a program authorized by this section is initiated, the net proceeds derived from the sale of pine grown on the state highway rights-of-way or other highway-related areas owned by the state or the department shall be deposited into the State Treasury as special revenues. Fifty percent (50%) thereof shall be credited to the State Highway and Transportation Department Fund, and fifty percent (50%) thereof shall be credited to the State Forestry Fund.

History. Acts 1983, No. 696, §§ 1-3; A.S.A. 1947, §§ 9-740 — 9-742.

Cross References. Natural resources to be used for road maintenance, § 27-67-209.

Subchapter 2 — Commissioner of State Lands

Cross References. Fees, § 21-6-203.

Preambles. The Joint Resolution of 1869, No. 16, contained a preamble which read:

“Whereas, by the act providing for the appointment of a Commissioner of Immigration and State Lands, approved July 15, 1868, it was omitted to require a bond of the person holding said office;

“Therefore….”

Effective Dates. Acts 1857, p. 94, § 22: effective on passage.

Acts 1868, No. 20, § 20: effective on passage.

22-5-201. Oath.

The Commissioner of State Lands shall take an oath that he or she will not, directly or indirectly, be engaged in the purchase of lands belonging to the state, to be sold by him or her during his or her continuance in office, and that he or she will not, directly or indirectly, engage in any speculation in swamp and overflowed lands or give information to any agent, friend, or secret or other partner, so as to secure the advantages of such information to himself or herself to any person, association, or company, to the prejudice or exclusion of other persons.

History. Acts 1853, § 5, p. 161; 1857, § 21, p. 94; C. & M. Dig., § 6572; Pope's Dig., § 8603; A.S.A. 1947, § 10-102.

22-5-202. Bond.

It shall be the duty of the Commissioner of State Lands to give bond, with good and sufficient security to be approved by the Governor, in the sum of twenty thousand dollars ($20,000), for any moneys and other property belonging to the state which may be in or may come into his or her possession and for the faithful performance of his or her official duties.
The bond shall be given to the State of Arkansas and shall be filed in the office of the Secretary of State.

History. Joint Res. 1869, No. 16, p. 212; C. & M. Dig., § 6573; Pope's Dig., § 8604; A.S.A. 1947, § 10-103.

A.C.R.C. Notes. The operation of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

22-5-203. Seal.

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

History. Acts 1868, No. 20, § 18, p. 61; C. & M. Dig., § 6574; Pope's Dig., § 8605; A.S.A. 1947, § 10-104.

Case Notes

Evidence of Title.

A deed of the Commissioner of State Lands conveying lands forfeited for taxes, authenticated by his official seal, is prima facie evidence of title, although it has not been recorded. Thornton v. Smith, 88 Ark. 543, 115 S.W. 677 (1909).

22-5-204, 22-5-205. [Repealed.]

Publisher's Notes. These sections, concerning commissioner's salary and deputy commissioners, were repealed by Acts 1995, No. 1296, § 80. The sections were derived from the following sources:

22-5-204. Acts 1913, No. 302, § 4; C. & M. Dig., § 8676; Pope's Dig., § 11414; Ark. Const. Amend. 56, § 2; A.S.A. 1947, § 10-105.

22-5-205. Acts 1871, No. 32, § 3, p. 98; C. & M. Dig., § 6576; Pope's Dig., § 8607; Acts 1943, No. 200, § 1; A.S.A. 1947, § 10-106.

22-5-206. Control over state's lands.

The landed interests of this state shall be controlled by the Commissioner of State Lands, and he or she shall dispose of them as provided by law.

History. Acts 1939, No. 331, § 14; A.S.A. 1947, § 10-107.

22-5-207. Lands forfeited to state for taxes.

The Commissioner of State Lands shall have charge and control of the disposition of all lands that have been forfeited to the state for nonpayment of taxes legally assessed thereon, and he or she shall dispose of the forfeited lands as provided by law.
The Auditor of State is directed to furnish to the Commissioner of State Lands a complete list of all lands so forfeited to the state each year, within thirty (30) days after the time fixed by law, for settlement by collectors of revenue. This list shall show all the lands in this state forfeited to the state for nonpayment of taxes thereon in the year for which the titles are made.

History. Acts 1868, No. 20, § 9, p. 61; C. & M. Dig., § 6579; Pope's Dig., § 8610; A.S.A. 1947, § 10-111.

Publisher's Notes. This section may be affected by Title 26, Chapter 37.

Cross References. Furnishing list of tax-forfeited lands to assessor, § 26-28-107.

Case Notes

Evidence of Title.

A tax deed executed by the Commissioner of State Lands which names the purchaser, describes the property sold, states the consideration, and contains apt words conveying all the right, title, and interest of the state is prima facie evidence of title in the purchaser, although it does not contain recitals showing that the requisite steps have been taken to give the state title. Cracraft v. Meyer, 76 Ark. 450, 88 S.W. 1027 (1905).

Cited: City of Helena v. Hornor, 58 Ark. 151, 23 S.W. 966 (1893).

22-5-208. Books, plats, and maps.

The Commissioner of State Lands shall take possession and have charge of all the books, papers, evidences of title, plats, and maps of all internal improvement, seminary, saline, and swamp and overflowed lands.
The Commissioner of State Lands shall proceed to complete all the books, papers, plats, and maps that may be delivered to him or her by the Auditor of State if any are incomplete.
The Commissioner of State Lands shall make out for each township in this state, in which there are any of the lands described in subsection (a) of this section, township maps in which he or she shall carefully classify the internal improvement lands, seminary lands, saline lands, and swamp and overflowed lands, each description making a classification unto itself and to be discriminated one from the other in such maps or plats.
The maps or plats shall be kept in the office of the Commissioner of State Lands and, at all times during ordinary business hours, shall be open to the examination of any person interested in state lands or desiring to purchase any state lands.

History. Acts 1868, No. 20, §§ 6, 7, p. 61; C. & M. Dig., §§ 6578, 6580, 6581; Pope's Dig., §§ 8609, 8611, 8612; A.S.A. 1947, §§ 10-108, 10-109.

Cross References. Correction of descriptions in office of Commissioner of State Lands, § 26-26-720.

22-5-209. Deeds, abstracts, and contracts affecting state lands filed in office of Commissioner of State Lands — Additional information — Failure to comply — Definition.

All deeds, abstracts, contracts, and other evidences of title to realty belonging to the State of Arkansas shall be filed in the office of the Commissioner of State Lands to be preserved by the Commissioner of State Lands as the other public records and files of his or her office.
Separately for each item of real property in the possession of a state agency, the state agency shall maintain and furnish to the Commissioner of State Lands a record containing:
1. 1. The official recording information shown by the county recorder's records and the legal description of the real property.
  2. A copy of the most recent deed to the real property may be furnished to the Commissioner of State Lands if the copy contains the official recording information and the legal description;
2. If the real property was purchased by a state agency, the date of purchase and the purchase price; and
3. The name of the state agency holding title to the real property for the state.
If the description of real property required under subsection (b) of this section is excessively voluminous, the Commissioner of State Lands may permit the state agency in possession of the real property to furnish the description in summary form.
If a state agency does not comply with this section, the Commissioner of State Lands shall report the failure to comply to the Governor, who shall notify the administrative officer of the state agency to immediately report to him or her the reasons for the state agency's failure to comply.
Willful failure to comply with this section by a public official shall constitute nonfeasance in office.
1. As used in this subchapter, “state agency” means an instrumentality of state government, including without limitation an office, a department, an agency, a board, a commission, or an institution of the state.
2. As used in this subchapter, “state agency” does not include:
  1. The Arkansas Department of Transportation;
  2. An institution of higher education;
  3. The Arkansas Public Employees' Retirement System;
  4. The Arkansas Teacher Retirement System;
  5. The Arkansas State Game and Fish Commission; or
  6. The Division of Emergency Management.

History. Acts 1947, No. 172, §§ 1, 5; A.S.A. 1947, §§ 10-112, 10-113; Acts 2019, No. 884, § 2.

Publisher's Notes. Acts 1883, No. 13, § 1, provided that all original certificates for the purchase of lands filed by the Auditor of State in the office of the Treasurer of State, as well as all other evidences of title to state lands in the custody of the Treasurer of State, would be filed in the office of the Commissioner of State Lands, to be preserved by the Commissioner of State Lands as the other public records and files of his or her office.

Amendments. The 2019 amendment inserted “Additional information” in the section heading; rewrote (b); added (c); redesignated part of former (b) as (d); in (d), added “If a state agency does not”, deleted “the provisions of subsection (a) of” following “comply with”, and substituted “the state agency to immediately report to him or her the reasons for the state agency’s failure” for “the office, department, agency, or institution to immediately report to him or her the reasons for his or her failure or refusal”; redesignated former (c) as (e); in (e), deleted “or refusal” following “failure” and substituted “a public official” for “any officer”; and added (f).

22-5-210. Real property records of various departments, institutions, and retirement systems.

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

History. Acts 2019, No. 884, § 3.

Subchapter 3 — Administration

Effective Dates. Acts 1945, No. 49, § 7: Feb. 14, 1945. Emergency clause provided: “Due to the fact that hundreds of thousands of acres of state-owned, tax-forfeited lands are now on the books of the Commissioner of State Lands and open for sale, donation or transfer by the said Commissioner, and applications to purchase or donate most of said lands from the said Commissioner of State Lands are being received daily, an emergency is hereby declared to exist and it being necessary for the preservation of the public peace, health, safety and welfare, this act shall take effect and be in force from and after its passage and approval.”

22-5-301. Policy.

It is declared to be the policy of the State of Arkansas:

To provide for the development and conservation of the human and soil resources of the state;
To protect the lands owned by the state and to provide for their classification and best use in the interests of the future general welfare and agricultural well-being of the state;
To encourage the settlement of the farm families of the state upon family-sized tracts under conditions conducive to successful farming;
To preserve land in public ownership suited for public use as forests, parks, or other purposes;
To cooperate with federal agencies having similar and allied objectives; and
To protect and promote the health, safety, and general welfare of the people of Arkansas.

History. Acts 1939, No. 331, § 1; A.S.A. 1947, § 10-401.

22-5-302. Subchapter controlling.

Insofar as any provision of this subchapter is inconsistent with the provisions of any other law, the provisions of this subchapter shall be controlling.

History. Acts 1939, No. 331, § 16; A.S.A. 1947, § 10-417.

22-5-303. Additional duties of Commissioner of State Lands.

In addition to other duties and powers conferred by law upon the Commissioner of State Lands, he or she shall:

Effectuate the policies and carry out the purposes declared in § 22-5-301, including:
1. Securing the cooperation and assistance of the United States and any of its agencies; and
2. Entering into contracts, agreements, and conveyances necessary to secure such federal assistance;
Conduct investigations, independently or jointly with other state and federal agencies, relating to conditions and factors affecting, and methods of accomplishing more effectively, the purposes of this subchapter;
Assign lands to the several state agencies for administration, subject to their agreement and acceptance; and
Review, compile, and maintain inventory records of the real property owned by the State of Arkansas based upon the information submitted under §§ 22-5-209 and 22-5-411 and the records in his or her office.

History. Acts 1939, No. 331, § 2; A.S.A. 1947, § 10-402; Acts 2019, No. 884, § 4; 2019, No. 972, § 1.

Amendments. The 2019 amendment by No. 884 rewrote (1), adding the (1)(A) and (1)(B) designations; added (4); and made stylistic changes.

The 2019 amendment by No. 972 rewrote (1), adding the (1)(A) and (1)(B) designations; and made stylistic changes.

22-5-304. Survey in case of doubtful location of state lands — Actions to quiet title.

In cases where the location of lands claimed by the state appears to be doubtful or subject to controversy because of faulty descriptions or otherwise, the Commissioner of State Lands shall cause those lands to be surveyed in order to accurately locate the lands or shall request the assistance of other state agencies and of state and county officers and employees in ascertaining the location of the lands.
The Commissioner of State Lands may request the Attorney General to bring an action to confirm or quiet title to the land in the state.

History. Acts 1939, No. 331, § 3; A.S.A. 1947, § 10-403.

22-5-305. [Repealed.]

Publisher's Notes. This section, concerning the State Land Use Committee, was repealed by Acts 2019, No. 884, § 5, and by Acts 2019, No. 972, § 2, effective July 24, 2019. The section was derived from Acts 1939, No. 331, §§ 4, 10; 1945, No. 49, § 6; A.S.A. 1947, §§ 10-404 — 10-406.

22-5-306. Appraisers — Qualifications, oath, and bond.

The Commissioner of State Lands may appoint appraisers to inspect and appraise state-owned lands for sale, transfer, or donation.
Each appraiser selected shall, by education or experience, be familiar with and know how to arrive at the value of lands, water rights, mineral rights, timber lands, rural lands, agricultural lands, and noncultivable lands; shall understand legal descriptions of real properties; shall have a working knowledge of county and state real property records; and shall be capable of passing dependable judgments upon the values of rural properties.
Upon entering the duties of his or her office, each appraiser shall take an oath of office as prescribed in Arkansas Constitution, Article 19, § 20. This oath shall state that he or she will not, directly or indirectly, be engaged in the purchase of state-owned lands during his or her continuance in office and that he or she will not engage in any speculation of state-owned lands or give information to any agent, friend, or secret or other partner so as to secure the advantages of that information to himself or herself or to any person, association, or company to the prejudice or exclusion of other persons.
Each appraiser shall enter into bond to the state in the sum of one thousand dollars ($1,000), to be furnished by a surety company authorized to do business in the State of Arkansas, conditioned that he or she will faithfully discharge all of his or her duties according to law and the rules of the Commissioner of State Lands.
After qualifying as provided in this section, each appraiser shall perform his or her duties in the manner prescribed by the Commissioner of State Lands.

History. Acts 1945, No. 49, §§ 1-5; A.S.A. 1947, §§ 10-407 — 10-411; Acts 2019, No. 315, § 2365; 2019, No. 884, § 6; 2019, No. 972, § 3.

Publisher's Notes. Acts 2019, No. 884, § 6 specifically amended this section as amended by Acts 2019, No. 315.

Acts 2019, No. 972, § 3 specifically amended this section as amended by Acts 2019, No. 315.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (e) [now (d)].

The 2019 amendment by No. 884, in (a), substituted “may appoint” for “shall appoint”, deleted “such” preceding “appraisers”, and deleted “as are provided for by any appropriation” following “appraisers”; deleted former (b) and redesignated the remaining subsections accordingly; and substituted “Commissioner of State Lands” for “State Land Use Committee” in (d).

The 2019 amendment by No. 972, in (a), substituted “may appoint” for “shall appoint”, deleted “such” preceding “appraisers”, and deleted “as are provided for by any appropriation” following “appraisers”; and substituted “Commissioner of State Lands” for “State Land Use Committee” in (e).

22-5-307. Classification and disposition of state lands generally.

State lands shall be classified as to whether they should be retained in public ownership or returned to private ownership through sale or donation, and the classification may be changed.
1. The Commissioner of State Lands shall dispose of the lands and make deeds to the lands in accordance with the classification under subsection (a) of this section.
2. With the approval of the Governor and review by the General Assembly or the Legislative Council, lands classified as suitable for return to private ownership may be sold under subsection (e) of this section to private parties by the Commissioner of State Lands.
The Commissioner of State Lands may direct that land shall be retained and administered by certain appropriate state or local agencies or shall be disposed of and deeded in such manner that the state shall be eligible for any benefits under any act of the United States Congress.
Where lands are disposed of by return to private ownership, the deeds shall contain such restrictive covenants or restraints on alienation as the Commissioner of State Lands may deem necessary to ensure the protection and use of the land in a manner beneficial to the public. All coal, oil, gas, and mineral rights shall be reserved to the state except in the case of tax-forfeited lands. However, the original owner or his or her heirs shall be allowed to redeem or acquire these lands in accordance with the provisions of this subchapter without the oil, gas, and mineral rights being restricted or reserved.
1. Where land is classified as land which should be returned to private ownership by sale, the Commissioner of State Lands shall offer the land for sale to the highest bidder, but only if his or her bid is at least equal to the appraised value.
2. Land shall not be sold for less than its appraised value, except that, pending appraisal, the Commissioner of State Lands is authorized to continue sales of state lands as provided for in §§ 26-37-101 — 26-37-105, 26-37-201 — 26-37-205, and 26-37-301 — 26-37-303.
Land shall not be donated by the Commissioner of State Lands until it has been classified as appropriate for donation by the Commissioner of State Lands.
If, at the end of three (3) years after appraisal by the Commissioner of State Lands, lands classified as land which should be returned to private ownership by sale shall remain unsold on the books of the Commissioner of State Lands, the unsold lands shall be reappraised by the Commissioner of State Lands.
Tax-delinquent lands are not subject to the terms and restrictions of this section and may be disposed of as required by law.

History. Acts 1939, No. 331, § 5; A.S.A. 1947, § 10-412; Acts 2013, No. 1463, § 2; 2019, No. 884, § 7; 2019, No. 972, § 4.

Amendments. The 2013 amendment deleted “allocated for agricultural settlement, as provided in § 22-5-308” following “public ownership” in (a).

The 2019 amendment by No. 884 redesignated (b) as (b)(1) and (b)(2); in (b)(1), substituted “the classification under subsection (a) of this section” for “this classification”; in (b)(2), substituted “With the approval of the Governor and review by the General Assembly or the Legislative Council” for “Only”, substituted “may be sold under subsection (e) of this section” for “shall be subject to sale”, and substituted “parties” for “individuals”; substituted “Commissioner of State Lands” for “State Land Use Committee” in the first sentence of (d); deleted “by the committee” following “appraisal” in (e)(2); substituted “Commissioner of State Lands” for “committee” in (f) and twice in (g); added (h); and made stylistic changes.

The 2019 amendment by No. 972 redesignated (b) as (b)(1) and (b)(2); in (b)(1), substituted “the classification under subsection (a) of this section” for “this classification”; in (b)(2), substituted “With the approval of the Governor and review by the General Assembly or the Legislative Council” for “Only”, substituted “may be sold under subsection (e) of this section” for “shall be subject to sale”, and substituted “parties” for “individuals”; substituted “Commissioner of State Lands” for “State Land Use Committee” in the first sentence of (d); deleted “by the committee” following “appraisal” in (e)(2); substituted “Commissioner of State Lands” for “committee” in (f) and twice in (g); added (h); and made stylistic changes.

Cross References. Tax-forfeited lands, § 22-6-501 et seq.

Case Notes

Method of Sale.

The method of sale is not designated, other than that appraised lands shall go to the highest bidder, and the court cannot supply what may appear to be deficiencies of detail. Kitchens v. Machen, 210 Ark. 1046, 198 S.W.2d 833 (1947).

22-5-308 — 22-5-311. [Repealed.]

Publisher's Notes. These sections, concerning agricultural lands in manner prescribed by federal government, agricultural land donations, agricultural land sales to adjoining landowners, and agricultural land development, were repealed by Acts 2013, No. 1463, § 3. These sections were derived from the following sources:

22-5-308. Acts 1939, No. 331, § 6; A.S.A. 1947, § 10-413.

22-5-309. Acts 1939, No. 331, § 7; A.S.A. 1947, § 10-414.

22-5-310. Acts 1939, No. 331, § 8; A.S.A. 1947, § 10-415.

22-5-311. Acts 1939, No. 331, § 9; A.S.A. 1947, § 10-416.

Subchapter 4 — Title to Lands

Preambles. Acts 1901, No. 127, contained a preamble which read:

“Whereas, owners of land along navigable rivers often suffer by having such land washed away; and

“Whereas, under existing laws if such land reforms as an island in a navigable stream though within the original boundary of the former owner, it belongs not to him but to the state ….”

Acts 1953, No. 126, contained a preamble which read:

“Whereas, many cutoffs have been made in the Mississippi River, and other rivers in the State of Arkansas, both naturally and artificially for the purpose of controlling the current of the river and the bank stabilization, and many old former river beds have remained as the result of such cutoffs and have gradually built up and reached the high-water mark as defined by the Supreme Court of Arkansas in the case of St. Louis, Iron Mt. & S. Ry. Co. v. Ramsey, 53 Ark. 314, 13 S.W. 931 (1890), and permanent timber vegetation has grown on all or parts of said old abandoned riverbeds; and

“Whereas, it is intended hereby to clarify the intent of Act 203 of the General Assembly approved March 8, 1945, and to eliminate any question as to the intent thereof;

“Therefore, Sections 1 and 2 of Act 203 of the 1945 General Assembly are hereby respectively amended to read as follows….”

Acts 1981, No. 830, contained a preamble which read:

“Whereas, in a recent decision, the Arkansas Supreme Court, for the first time, ruled that the Mulberry River is a navigable stream; and

“Whereas, prior to said decision, the Mulberry River had been considered non-navigable for all purposes and consequently it was assumed that the bed of the stream was owned by adjacent property owners; and

“Whereas, prior to said Supreme Court ruling and based on the assumption that the stream bed was owned by adjacent property owners, many of the adjacent property owners executed oil and gas leases on their lands, including the bed of the Mulberry River; and

“Whereas, under the ruling of the Supreme Court that the Mulberry River is navigable, the bed of the Mulberry River is owned by the State of Arkansas and the ownership thereof by the state has caused considerable confusion regarding previously executed oil and gas leases and in order to eliminate such confusion it is in the best interests of all concerned that the State of Arkansas relinquish all right, title an interest in the oil and gas and other minerals underlying the bed of the Mulberry River;

“Now therefore….”

Acts 1981, No. 872, contained a preamble which read:

“Whereas, the Supreme Court of Arkansas in finding that the Mulberry River was a navigable stream did so by expanding the decision of navigability to include recreational purposes; and

“Whereas, under prior decisions the test for navigability had been commercial usage; and

“Whereas, the Arkansas Supreme Court found the Mulberry River to be navigable based upon its new test of recreational usage; and

“Whereas, by so redefining navigability using a new definition of recreational usage affected and changed the assumption that the adjacent property owners owned to the center of the streambed which had existed since Arkansas became a state in the union;

“Now therefore….”

Effective Dates. Acts 1851, § 19, p. 108: effective on passage.

Acts 1905, No. 183, § 2: effective on passage.

Acts 1911, No. 10, § 2: declared effective on passage.

Acts 1915, No. 194, § 2: Mar. 20, 1915. Emergency declared.

Acts 1921, No. 671, § 3: March 29, 1921. Emergency declared.

Acts 1931, No. 245, § 3: March 31, 1931. Emergency declared.

Acts 1937, No. 47, § 2: Feb. 5, 1937. Emergency clause provided: “It is ascertained by the General Assembly and declared to be a fact that the title to certain real estate is defective because of errors committed by certain corporations and that by reason of said defective titles persons, in fact, holding title to said lands are unable to convey the same. Therefore, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, the same shall take effect immediately upon its passage and approval.”

Acts 1963, No. 525, § 2: Mar. 19, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are many owners of sixteenth section school lands in this state who are unable to cure or quiet their titles to such lands due to lost deeds that were never recorded or due to the fact that such records have been destroyed by fire, and that this situation is working a hardship on the citizens of this state and should be corrected immediately. Therefore an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in force from the date of its passage and approval.”

Acts 1981, No. 872, § 2: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the decision of the Arkansas Supreme Court in holding the Mulberry River to be navigable seriously impaired the oil and gas leases, farming leases and the sale of property along the Mulberry River; that the boundary lines of property owners have been materially affected in that they now cannot be determined without additional court action; that this act is immediately necessary to correct this situation and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

22-5-401. Suits to recover state's property or quiet title.

It shall be the duty of the Attorney General, and any assistant attorney appointed by the Governor on a contingency fee not to exceed twenty-five percent (25%), to institute suit in the name of the state to recover any forgotten, lost, or other outstanding public interest or property or to quiet title to any lands, whether surveyed or unsurveyed, whether known or hereafter discovered, to which the state, either in law or equity, may have or claim title, and which for any reason may not appear on the records of the Commissioner of State Lands.
It shall also be the duty of the Attorney General and any assistant attorney to investigate the records of the Commissioner of State Lands for the purpose of determining whether title has been obtained to any of the state's lands by any illegal or fraudulent methods. If it shall appear that title is held by any person, company, or corporation to any lands through or by any conveyance from the state obtained by fraudulent or false acts or means, statements, or oaths, the Attorney General and assistant attorneys shall institute suit in the proper court to cancel the conveyance and recover those lands.
It shall be the duty of the Attorney General and his or her assistants to make a detailed list and description of any such lands and file the list with the Commissioner of State Lands after the lands shall have been adjudicated as the property of the state.
If suit is brought to recover or quiet title in equity, an order may be obtained for the sale of the land as in the case of sales of lands upon decree in equity, and, after paying expenses, the balance of the purchase money shall be deposited into the State Treasury.
This section shall not apply to persons who hold title to lands at the time of any alleged forfeiture for taxes or to their grantees, where the taxes have been continuously paid since the alleged forfeitures.

History. Acts 1915, No. 194, § 1; C. & M. Dig., §§ 4532, 9295; Pope's Dig., §§ 5589, 11981; A.S.A. 1947, § 10-201.

Case Notes

Quiet Title.

Limited liability corporation contended that the state had no interest in property at issue, which was purchased at a tax sale, because a suit to quiet title in state property could only be commenced by the Attorney General or an assistant attorney appointed by the Governor, pursuant to this section. While this section indicated it was the duty of the Attorney General or an assistant attorney appointed by the Governor to bring such a suit, the statute did not prohibit other attorneys from doing so. Rylwell, L.L.C. v. Ark. Dev. Fin. Auth., 372 Ark. 32, 269 S.W.3d 797 (2007).

Unclaimed Personal Property.

This section does not authorize a suit to recover unclaimed, abandoned, or forgotten money, rents, royalties, credits, or other property belonging to unnamed persons. State v. Phillips Petroleum Co., 212 Ark. 530, 206 S.W.2d 771 (1947).

22-5-402. Tax title void when in conflict with state's interest.

No tax title shall be valid or binding against the equitable or legal interest of this state in or to any real estate whatever. However, such tax titles shall be void so far as they shall conflict with the interest of the state and shall be treated and considered as null and void in both law and equity in all courts of the state.

History. Acts 1851, § 13, p. 108; C. & M. Dig., § 6779; Pope's Dig., § 8707; A.S.A. 1947, § 10-214.

Case Notes

Estoppel.

Where the Arkansas Game and Fish Commission voluntarily appeared in a quiet title suit by the holder of a tax title to land claimed by the commission, but presented no claim to the disputed land, with the result that title was quieted in the tax title claimant, the commission was estopped by the decree from afterward bringing suit to quiet title in the commission. Ark. Game & Fish Comm'n v. Parker, 248 Ark. 526, 453 S.W.2d 30 (1970).

Sale of State Lands.

As state lands are not subject to taxation, a sale thereof for delinquent taxes is void and passes no title. Fiddyment v. Bateman, 97 Ark. 76, 133 S.W. 192 (1910).

This section did not prevent the Commissioner of State Lands from executing tax titles in favor of private individuals, as long as any interest belonging to the state remained unaffected; a limited liability corporation and a land company who were purchasers at the tax sale were required to take subject to any prior interests in the property claimed by the state. Rylwell, L.L.C. v. Ark. Dev. Fin. Auth., 372 Ark. 32, 269 S.W.3d 797 (2007).

Titles Conveyed by Commissioner.

This section has no reference whatever to titles conveyed by the Commissioner of State Lands, or, if it has such a reference, only the interest of the state in the land can be affected by it. Cracraft v. Meyer, 76 Ark. 450, 88 S.W. 1027 (1905).

22-5-403. Title to lands formed in navigable waters.

All land which has formed or may form in the navigable waters of this state, and within the original boundaries of a former owner of land upon such waters, shall belong to and the title thereto shall vest in the former owner, his or her heirs or assigns, or in whoever may have lawfully succeeded to the right of the former owner therein.
Nothing in this section shall be construed to affect the rights or interests of third parties in any such land acquired before the passage of this section.

History. Acts 1901, No. 127, §§ 1, 2, p. 197; C. & M. Dig., § 6783; Pope's Dig., § 8709; A.S.A. 1947, §§ 10-202, 10-203.

Publisher's Notes. In reference to the term “passage of this section,” Acts 1901, No. 127, was signed by the Governor on April 26, 1901, and took effect on that date.

Acts 1971, No. 148, § 6, provided in part that the act did not repeal § 22-5-403.

Cross References. Islands formed in navigable waters are property of state, § 22-6-202.

Research References

Ark. L. Rev.

Real Property — Riparian Rights — Accretion, Reliction and Avulsion, 6 Ark. L. Rev. 68.

Lex Aquae Arkansas, 27 Ark. L. Rev. 429.

Case Notes

Purpose.

It was the purpose of this section to give title to the former owner where his land reformed as an island within the boundaries of his original grant. But for this provision, the island would become the property of the state. Knight v. Rogers, 202 Ark. 590, 151 S.W.2d 669 (1941).

Applicability.

This section has no application to land not formed on an island in a river but built up as an accretion to plaintiff's original tract. Gray v. Malone, 142 Ark. 609, 219 S.W. 742 (1920).

This section was meant to apply only to islands emerging from the beds of navigable rivers. United States v. Keenan, 753 F.2d 681 (8th Cir. 1985).

Adverse Possession.

The state's title to an island in a navigable stream cannot be acquired by another by adverse possession. Jones v. Euper, 182 Ark. 969, 33 S.W.2d 378 (1930).

Effect of Other Laws.

Section 22-6-202 did not repeal this section. Ward v. Harwood, 239 Ark. 71, 387 S.W.2d 318 (1965).

Evidence.

The testimony of civil engineers who surveyed the land in controversy is competent in an action to determine the ownership of an island formed in a navigable stream. Jones v. Hunter, 126 Ark. 300, 189 S.W. 1068 (1916).

Evidence established that land in dispute developed as an island and not as an accretion to river bank. Glover v. Walter, 252 Ark. 1293, 483 S.W.2d 713 (1972).

Islands.

Where a change in the course of a navigable river caused an island to form in front of plaintiff's land or within his original boundaries, which by accretion extended in front of the defendant's land and within his original boundaries, plaintiff's title was limited to the part of the island within his original boundaries. Mills v. Protho, 143 Ark. 117, 219 S.W. 1017 (1920).

If land reforms as an island in the navigable stream within the original boundary of the former owner, it belongs to him and not to the state. Wunderlich v. Cates, 213 Ark. 695, 212 S.W.2d 556 (1948).

Additions, accretions, or relictions become the property of the adjoining riparian owner, but islands detached from the shore in a navigable stream and not within the original boundaries of the riparian tract belong to the state. United States Gypsum Co. v. Greif Bros. Cooperage Corp., 389 F.2d 252 (8th Cir. 1968).

A question of fact remained as to the applicability of this section and, therefore, summary judgment was not appropriate where it was not clear whether a sandbar or an island formed in a river channel. White v. J.H. Hamlen & Son Co., 67 Ark. App. 390, 1 S.W.3d 464 (1999).

Manner of Formation.

When the formation begins with a bar or an island detached and away from the shore, and by gradual filling in by deposit, or by gradual recession of the water, the space between bar or island and mainland is joined together, it is not an accretion to the mainland in a legal sense, and does not thereby become the property of the owner of the mainland. Cummings v. Boyles, 242 Ark. 38, 411 S.W.2d 665 (1967).

The decree of the chancery court would not be modified by the Supreme Court to award a riparian landowner title to land allegedly formed within his original boundaries where he did not argue that theory, but only the theory of acquisition by accretion. Cummings v. Boyles, 242 Ark. 923, 415 S.W.2d 571 (1967) (on rehearing).

Prior Vested Rights.

Where rights of parties became vested prior to the passage of this section, the rights were not affected by its passage. Bush v. Alexander, 134 Ark. 307, 203 S.W. 1028 (1918); Simpson v. Martin, 174 Ark. 956, 298 S.W. 861 (1927).

Riverbeds.

State lost title to the riverbed when the waterflow was diverted from the river to the cutoff and the river became nonnavigable. Title to the riverbed vested in the riparian owners at the time of such diversion, with the boundary between the owners at the thalweg. United States v. Keenan, 753 F.2d 681 (8th Cir. 1985).

Cited: Garrison Furn. Co. v. Southern Enters., Inc., 245 Ark. 927, 436 S.W.2d 278 (1969).

22-5-404. Title to lands formed in nonnavigable lakes or abandoned river channels.

The title to all lands which have formed or may form in the beds of nonnavigable lakes, or in abandoned river channels or beds, whether or not still navigable, which reformed lands or alluvia are above the ordinary high-water mark, shall vest in the riparian owners to the lands and shall be assessed and taxed as other lands.
The lands referred to in subsection (a) of this section shall include those lands which have emerged or which may emerge by accretion, reliction, evaporation, drainage, or otherwise from the beds of lakes or from former navigable streams, whether by natural or artificial causes, or whether or not the lakes were originally formed from the channel or course of navigable or nonnavigable streams.

History. Acts 1945, No. 203, §§ 1, 2; 1953, No. 126, §§ 1, 2; A.S.A. 1947, §§ 10-204, 10-205.

RESEARCH REFERENCES

U. Ark. Little Rock L. Rev.

Annual Survey of Caselaw: Property Law, 27 U. Ark. Little Rock L. Rev. 739.

Case Notes

Applicability.

This section is not applicable in a suit to determine location of a boundary between riparian owners on opposite sides of an abandoned river. Gill v. Porter, 248 Ark. 140, 450 S.W.2d 306 (1970).

Accretions to Riparian Land.

This section and § 22-5-405 provide only a means of confirming title in the adjacent riparian landowner of accretions to his or her property; accordingly, where evidence indicated that company was not a riparian landowner, it followed that the deeds which the Commissioner of State Lands gave to company's predecessor in title were invalid. River Land Co. v. McAlexander, 10 Ark. App. 123, 661 S.W.2d 451 (1983).

Trial court erred in granting summary judgment for landowners in accreted acreage dispute; the landowners, as riparian owners, were owners of the additional land formed by accretion, which encompassed both surface and mineral rights. Swaim v. Stephens Prod. Co., 359 Ark. 190, 196 S.W.3d 5 (2004).

Islands.

An island in a river must be of a permanent character, not merely surrounded by water when the river is high, but permanently surrounded by a channel of the river; it must not be a sandbar subject to overflow by the rise of the river and connected with the bank when the river is low. Porter v. Arkansas Western Gas Co., 252 Ark. 958, 482 S.W.2d 598 (1972).

Nonnavigable River Channels.

Where a river channel became nonnavigable by reason of a cut-off, title to the riverbed, including a sandbar which was not an island formed by avulsion, reverted from the state and vested in the riparian owners, the thalweg becoming the dividing line between them. Porter v. Arkansas Western Gas Co., 252 Ark. 958, 482 S.W.2d 598 (1972).

22-5-405. Deeds to lands in lakes or rivers.

The Commissioner of State Lands is empowered and authorized to execute deeds to lands described in § 22-5-404 to riparian owners upon application and the filing of proof of record ownership of adjacent lands and proof of proper survey of the lands, conveying all the right, title, and interest of the State of Arkansas to lands as have emerged or may emerge to the mean high-water mark of any such stream or lake.
All applicants for deeds under this section shall, upon filing an application therefor, deposit with the Commissioner of State Lands the estimated cost of survey of the lands to be fixed by the Commissioner of State Lands. He or she shall thereupon direct the county surveyor of the county in which the lands are located, or some other competent surveyor to be selected by the Commissioner of State Lands, to accurately survey the lands and compile the field notes and plat the lands in reference to the survey of adjacent lands, by the extension of township, range, and section lines, and to file the field notes and plats in the office of the Commissioner of State Lands.
Upon the filing of the field notes and plats, the Commissioner of State Lands shall pay for the cost of the survey of lands applied for out of the money deposited as provided in subsection (b) of this section.
The applicant shall, after the filing of the field notes and survey, file affidavits of at least three (3) competent persons having full personal knowledge of the facts, stating that the lands applied for have actually emerged to high-water mark and are capable of cultivation, whereupon the Commissioner of State Lands may issue the deed upon the payment of a deed fee of five dollars ($5.00).

History. Acts 1945, No. 203, §§ 3, 4; A.S.A. 1947, §§ 10-206, 10-207.

Research References

Ark. L. Rev.

Recent Developments, Accretion — Oil and Gas Royalties, 57 Ark. L. Rev. 1015.

U. Ark. Little Rock L. Rev.

Annual Survey of Caselaw: Property Law, 27 U. Ark. Little Rock L. Rev. 739.

Case Notes

Accretions to Riparian Land.

Deeds Invalid.

This section and § 22-5-404 provide only a means of confirming title in the adjacent riparian landowner of accretions to his or her property. Accordingly, where evidence indicated that company was not a riparian landowner, it followed that the deeds which the Commissioner of State Lands gave to company's predecessor in title were invalid. River Land Co. v. McAlexander, 10 Ark. App. 123, 661 S.W.2d 451 (1983).

22-5-406. Limited quitclaim of streambed of Mulberry River.

The State of Arkansas quitclaims, to the owners of adjacent lands, title to the streambed of the Mulberry River, excluding oil, gas, and other mineral rights underlying the stream, to the center of the stream. However, the state retains an easement to run with the land for free passage by the public over the land by canoe, boat, other watercraft, swimming, wading, or walking, and for fishing, recreation, travel, commerce, and other purposes.
1. The State of Arkansas relinquishes and quitclaims to the owners of oil, gas, and other minerals underlying adjacent lands, and to their lessees, all right, title, and interest in and to the oil, gas, and other minerals underlying the bed of the Mulberry River.
2. No affirmative action shall be required by the mineral owner or lessee of the State of Arkansas to enable the mineral owner or lessee to retain ownership of or leasehold interest in the minerals under the bed of the Mulberry River.
3. 1. If the mineral owner or lessee desires record proof of his or her continued ownership of the oil, gas, and other minerals, he or she may file an application with the Commissioner of State Lands for a quitclaim deed covering the oil, gas, and other minerals under the bed of the river.
  2. If the lands have been surveyed and platted, the mineral owner may furnish the Commissioner of State Lands a copy of the survey and plat.
  3. If the survey and plat sufficiently identify the land, no further survey shall be required.
4. 1. In the alternative, the mineral owner may file with his or her application a deposit of the estimated cost of a survey, 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 (b)(4)(A) 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.
5. After the survey and plat 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 or lessee of the minerals in and under the streambed.
6. 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 establishes that the state makes no claim to the oil, gas, and other minerals under the bed of the stream.

History. Acts 1981, No. 830, §§ 1, 2; 1981, No. 872, § 1; A.S.A. 1947, §§ 10-1027 — 10-1029.

A.C.R.C. Notes. Subsection (b) of this section was formerly codified as § 22-5-816.

Research References

U. Ark. Little Rock L.J.

Survey of Arkansas Law: Property, 4 U. Ark. Little Rock L.J. 233.

Of Cows, Canoes, and Commerce: How the Concept of Navigability Provides an Answer If You Know Which Question to Ask, 25 U. Ark. Little Rock L. Rev. 175 (2002).

22-5-407. Sixteenth section school lands.

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

History. Acts 1905, No. 183, § 1, p. 472; 1911, No. 10, § 1; C. & M. Dig., §§ 9140, 9141; Acts 1921, No. 661, § 1; Pope's Dig., §§ 11768, 11769; Acts 1963, No. 525, § 1; 1971, No. 446, § 1; A.S.A. 1947, § 10-208.

Cross References. As to sixteenth section school lands, see § 6-13-108.

Case Notes

Proof of Ownership.

In a quiet title action to establish ownership to land under deed issued under this section, the burden is on the plaintiff to establish his allegations as to ownership, and the deed, although presumptively valid, is only evidence of title to be considered in light of the other evidence. Williams v. Campbell, 254 Ark. 592, 495 S.W.2d 512 (1973).

22-5-408. State Bank lands.

Where the claim of the State of Arkansas to any land conveyed to the Bank of the State of Arkansas under and by virtue of the Acts of the General Assembly of January 31, 1843, and February 3, 1843, providing for the liquidation of the assets of the bank, and the Acts of January 4, 1845, and January 10, 1845, authorizing the officers of the bank to compromise debts due the bank and to take property in payment of the debts, and the Act of December 23, 1846, vesting the title in the State of Arkansas to all property so conveyed to the bank, conflicts with the title of any person who, together with those under whom he or she claims and from whom he or she deraigns title either by deed, devise, or inheritance, has been in continuous possession and paying the taxes assessed against the land for more than forty (40) years prior to the passage of this section, the State of Arkansas relinquishes its title to the land in favor of the occupant and claimant thereof.
When the owner or occupant shall present to the Commissioner of State Lands satisfactory proof that he or she and those under whom he or she claims and from whom he or she deraigns title have been in continuous possession of the land for a period of forty (40) years or have continuously paid the taxes thereon for a period of forty (40) years under color of title, it is the duty of the Commissioner of State Lands to execute to the owner, occupant, or claimant a quitclaim deed conveying to him or her all the title and interest of the State of Arkansas in the land, upon payment of a fee of five dollars ($5.00).

History. Acts 1931, No. 245, §§ 1, 2; Pope's Dig., §§ 8623, 8624; A.S.A. 1947, §§ 10-209, 10-210.

Publisher's Notes. In reference to the term “passage of this section,” Acts 1931, No. 245, was signed by the Governor and became effective on March 31, 1931.

22-5-409. Escheated corporation lands.

Where land has escheated to the state under the provisions of § 1 of Act of January 11, 1843, p. 56, the title of the state may be conveyed to the present owner by a quitclaim deed executed by the Commissioner of State Lands upon the filing with him or her of an application for the deed, accompanied by the affidavit of some credible, disinterested person showing that the applicant is the owner of the lands and that the taxes thereon have been paid for the past seven (7) years.

History. Acts 1937, No. 47, § 1; Pope's Dig., § 8749; A.S.A. 1947, § 10-211.

Publisher's Notes. For prior laws validating sales of escheated corporation land, see Acts 1923, No. 564, and Acts 1927, No. 224.

22-5-410. Overdue tax lands and internal improvement lands.

Where the claim of the State of Arkansas to any land sold to the state under decree of the Pulaski County Chancery Court and under decree of the circuit and chancery courts of the various counties of the state, known as overdue tax decrees, and under decrees of the Pulaski County Chancery Court wherein various tracts of internal improvement lands were decreed to be sold and were sold back to the state, conflicts with the claim of any citizen or resident of the State of Arkansas who has been in possession of the land, or who, together with those under whom he or she claims and from whom he or she deraigns title by deed or inheritance, shall have paid the regular amount of county and state taxes assessed against the land, the taxes having been assessed against the land at the same rate as other lands to which the state has and had no claim were assessed, for twenty (20) years continuously prior to the passage of this section, the State of Arkansas relinquishes its title to the land in favor of the occupant and claimant thereof.
When the owner or occupant shall present to the Commissioner of State Lands satisfactory proof that he or she and those under whom he or she claims and from whom he or she deraigns title have been in continuous and undisturbed possession of the land for a period of twenty (20) years, or shall have continuously paid taxes thereon for a period of twenty (20) years under color of title, it is the duty of the Commissioner of State Lands to execute to the owner, occupant, or claimant a deed quitclaiming all the title and interest of the state in the land on payment to the Commissioner of State Lands of a fee of five dollars ($5.00).

History. Acts 1921, No. 671, §§ 1, 2; Pope's Dig., §§ 1862, 1863, 8689, 8690; A.S.A. 1947, §§ 10-212, 10-213.

A.C.R.C. Notes. Ark. Const., Amend. 80, adopted by voter referendum and effective July 1, 2001, abolished chancery courts and established circuit courts as the trial courts of original jurisdiction. The jurisdiction of the circuit courts now includes “all matters previously cognizable by Circuit, Chancery, Probate and Juvenile Courts….”

Publisher's Notes. In reference to the term “passage of this section,” Acts 1921, No. 671, declared an emergency and was signed by the Governor on March 29, 1921.

Research References

Ark. L. Rev.

Tax Forfeiture Problems in the Examination of Abstracts, 12 Ark. L. Rev. 333.

22-5-411. Filing of deeds to state property.

A copy of the deed or other primary evidence of title to realty belonging to the State of Arkansas shall be filed in the office of the Commissioner of State Lands and shall be preserved by the Commissioner of State Lands as the other public records and files of his or her office.
The realty belonging to the State of Arkansas shall not, for the purposes of this section, include realty acquired by the State Highway Commission.
The officer charged with the administration of the affairs of each state office, department, agency, or institution having under its supervision and management realty owned by the State of Arkansas shall file with the Commissioner of State Lands a copy of the deed or other primary evidence of title to such property conveyed under fee simple title, and acquired by the state through gift or purchase or otherwise, within sixty (60) days after the acquisition and shall likewise notify the Commissioner of State Lands when any lands are disposed of.
The Commissioner of State Lands shall designate one (1) of his or her deputies to periodically call upon each state office, department, agency, and institution for the purpose of obtaining a copy of the deed or other primary evidence of title and for the purpose of determining whether the state office, department, agency, or institution has disposed of title to any state lands.
A statement by the administrative officer of any state office, department, agency, or institution to the effect that the office, department, agency, or institution does not supervise, control, or manage any realty owned by the state shall constitute sufficient compliance with this section.
In the event any office, department, agency, or institution does supervise, control, or manage realty belonging to the state for which no evidence of title can be found, the administrative officer in charge of the office, department, agency, or institution shall conduct an investigation to ascertain the facts pertaining to the acquisition of the realty by the state. A report of the investigation shall be made to the Commissioner of State Lands within sixty (60) days following the conclusion of the investigation.
In the event any state office, department, agency, or institution shall fail or refuse to comply with the provisions of this section, the Commissioner of State Lands shall report such failure or refusal to comply to the Governor, who shall notify the administrative officer of any such office, department, agency, or institution to immediately report to him or her the reasons for his or her failure or refusal to comply.
Willful failure or refusal to comply with this section by any officer shall constitute nonfeasance in office.

History. Acts 1975, No. 147, §§ 1-5; A.S.A. 1947, §§ 10-215 — 10-219.

Subchapter 5 — Acquisition of Forestland

Effective Dates. Acts 1959, No. 174, § 4: Mar. 4, 1959. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that great inequities have arisen as a result of Acts 1947, No. 409, in that counties in which state forestry lands are located receive a substantial portion of the proceeds from the sale of state forestry land timber which is credited to the County General Fund, none of which may be used by the school districts therein; and that a portion of these funds are needed in order to maintain an adequate standard of education. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in force from the date of its approval.”

Acts 1970 (1st Ex. Sess.), No. 101, § 3: became law without Governor's signature, Mar. 28, 1970. Emergency clause provided: “It having been ascertained that the State of Arkansas, acting through the State Forestry Commission, has entered into an Agreement with the Government of the United States whereby the State of Arkansas has received control of certain forest lands and is to receive title to same and in return has agreed to make certain payments to the Government of the United States from the proceeds of the land so purchased; and that said agreement requires the payment of interest on the purchase price; that the Government of the United States will cancel the sale if the interest is not paid; that such cancellation will be to the great harm and detriment to the State of Arkansas, it is hereby determined that it is necessary for the preservation of the public peace, health and safety that the provisions of this act be made effective at once. Therefore, an emergency is declared to exist and the provisions of this act shall be in effect immediately upon its passage and approval.”

22-5-501. Authority to acquire.

The Arkansas Forestry Commission is authorized and empowered to acquire and hold in the name of the State of Arkansas title to lands which the commission determines, because of location, topographical, geological, and physical characteristics, are chiefly valuable for the production of forest crops, watershed protection, erosion and flood control, forestation, reforestation, and recreation.
Lands, when so acquired, shall be appropriately named, designated, administered, protected, and developed as state forests.

History. Acts 1947, No. 409, § 1; 1963, No. 249, § 1; A.S.A. 1947, § 9-721.

Publisher's Notes. As to purchase of Holland Bottom tract, see Acts 1985, No. 11.

22-5-502. Methods of acquisition.

Lands may be acquired by gift, devise, purchase, or exchange from any county, municipality, state or federal agency or department, person, firm, corporation, or association.
The Arkansas Forestry Commission shall not purchase or acquire any lands until the purchase price is available and the title and conveyance thereto, except as to tax titles, are examined and approved by the Attorney General as conveying good and merchantable title.

History. Acts 1947, No. 409, § 2; A.S.A. 1947, § 9-722.

22-5-503. Exchange of lands.

The Arkansas Forestry Commission may exchange tracts of land acquired under the provisions of this subchapter for suitable land of equal value in furtherance of the administration and consolidation of these holdings and may sell and convey, upon terms requiring proper conservation practices, parts of tracts acquired under this subchapter suitable for cultivation.

History. Acts 1947, No. 409, § 3; A.S.A. 1947, § 9-723.

22-5-504. Tax-forfeited lands — Distribution.

Any lands acquired by the Commissioner of State Lands in any county through tax sale, which are deemed by the Arkansas Forestry Commission to be suitable for forest purposes, may be conveyed to the state as forestlands by the proper officers of the county without reimbursement therefor.
Upon the acquisition of any lands in the furtherance of this subchapter, a survey of the tax returns to the county from each tract of land for the previous ten (10) consecutive years shall be made to determine the average annual tax income to the county and the political subdivisions therein from each tract involved. In making this study, taxes rendered upon improvement value shall not be included.
1. The Arkansas Forestry Commission shall cause a record to be opened and kept showing, by counties, all lands in the State of Arkansas administered and managed by the commission as state forests and shall, annually on July 1, cause to be remitted to each county an amount equal to the average annual tax as determined in subsection (b) of this section. This amount is to be distributed as provided in subdivision (c)(2) of this section.
2. The income received by each county shall be distributed as follows:
  1. Fifty percent (50%) to the county general fund; and
  2. Fifty percent (50%) to the county school fund to be distributed by the county treasurer, within thirty (30) days from the date of receipt thereof, to the respective school districts of the county in the proportion that the area of state forestlands located in each school district bears to the total area of state forestlands within the county.

History. Acts 1947, No. 409, § 4; 1959, No. 174, § 1; 1961, No. 412, § 1; 1981, No. 666, § 1; A.S.A. 1947, § 9-724.

22-5-505. Quieting title to acquired lands.

Upon the written request of the Arkansas Forestry Commission, the Attorney General shall institute and prosecute to final decree all requisite suits to quiet the title of the state in and to lands acquired; and, in the prosecution of the suits, the state shall be exempted from the payment of costs.

History. Acts 1947, No. 409, § 5; A.S.A. 1947, § 9-725.

22-5-506. Funding.

The purchase price of lands acquired shall be paid at the time of acquisition from the State Forestry Fund, and the acquisition shall not impose any liability upon the general credit or taxing power of the state.
All lands acquired under the provisions of this subchapter shall become the property of the state.
The Arkansas Forestry Commission is authorized, empowered, and directed to make requisite expenditures from the fund in executing the provisions of this subchapter and in protecting, developing, and administering the lands in the production, conservation, and marketing of forest products and in the forestation and reforestation of the lands.

History. Acts 1947, No. 409, §§ 6, 7; A.S.A. 1947, §§ 9-726, 9-727.

22-5-507. Cooperation with United States.

The Arkansas Forestry Commission is authorized and directed to fully cooperate with the departments, officers, and agencies of the federal government to meet the requirements of the rules, regulations, and acts of Congress relating to the objectives of this subchapter and to accept all funds and lands that may be available for the furthering of the provisions of this subchapter.
The commission is empowered to enter into such contracts and agreements with federal departments, officers, and agencies, not contrary to the laws of this state, as may be deemed necessary or convenient to the objectives of this subchapter.
The commission is further empowered to pay to the federal government the amount of money specified in the agreements and contracts, including any payments of interest required by the contracts or agreements.
All payments, whether for interest or otherwise, shall be made from the State Forestry Fund and shall not impose any liability upon the general credit or taxing power of the state.

History. Acts 1947, No. 409, § 8; 1970 (1st Ex. Sess.), No. 101, § 1; A.S.A. 1947, § 9-728.

22-5-508. Management of forests.

It shall be the duty of the State Forester, in accordance with the provisions of this subchapter, the rules promulgated by the Arkansas Forestry Commission, and approved methods of forestry, to manage, control, protect, develop, utilize, and handle the lands in the state forests in such a manner as to best serve the greatest permanent advantage to the people of this state.
Where lands in the state forests are suited for demonstration and education purposes, the commission shall promulgate plans and procedures by which agricultural youth organizations may take an active part in assisting in carrying out the development, control, utilization, and experimentation provided for by this subchapter.
In the same manner as state school lands, forestlands may be leased by the commission for grazing, for the production of oil, gas, and other mineral or substances, and for other uses where the commission finds leasing and use will not militate against the purposes of this subchapter.

History. Acts 1947, No. 409, §§ 9, 10; 1949, No. 337, § 1; 1963, No. 249, § 2; A.S.A. 1947, §§ 9-729, 9-730; Acts 2019, No. 315, § 2366.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a).

22-5-509. Rules.

The Arkansas Forestry Commission is authorized and directed to approve, promulgate, and publish rules, and amendments or modifications thereof, reasonably required in directing and controlling the proper execution of the duties and attaining the objectives of this subchapter. These rules shall have the force and effect of law.

History. Acts 1947, No. 409, § 12; A.S.A. 1947, § 9-732; Acts 2019, No. 315, § 2367.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the first and second sentences.

22-5-510. Records and reports.

The Arkansas Forestry Commission shall cause a record of all its proceedings relating to state forests, including the date of acquisition, description, source of title, purchase price, amounts expended in the development of each tract, and the forest to which allotted, to be kept in the office of the Department of Agriculture.

History. Acts 1947, No. 409, § 13; A.S.A. 1947, § 9-733; Acts 2019, No. 910, § 119.

Amendments. The 2019 amendment substituted “Department of Agriculture” for “commission, and shall make a biannual written report thereof to the Governor”.

Subchapter 6 — Trespass

Effective Dates. Acts 1919, No. 424, § 3: Mar. 27, 1919. Emergency declared.

Acts 1931, No. 125, § 8: became law without Governor's signature, Mar. 11, 1931. Emergency clause provided: “It is hereby declared that it is urgent that the state should protect its land and timber against trespassers; therefore, an emergency is hereby declared and the immediate operation of this act being essential for the preservation of the public peace, health, and safety of the state, this act shall take effect and be in force from and after its passage.”

22-5-601. Investigators.

For the purpose of protecting the timber and lands of the state against trespass and to obtain reliable information upon which to predicate the proceedings provided for in this subchapter, the Attorney General shall have the authority to employ agents to make the necessary investigations and reports.
The agents shall report to the Attorney General all cases wherein they discover any trespassing on the lands of the state and shall also investigate reports made by others as to such trespass.
Different persons may, in the discretion of the Attorney General, be employed to make investigations, although not more than one (1) person shall be under employment at any given time.
An agent shall receive for his or her compensation an amount not exceeding ten dollars ($10.00) per day while actually engaged in service pursuant to this section to the exclusion of all other business, may be reimbursed for necessary expenses while so engaged, and shall file with the Attorney General an itemized verified statement of his or her expenses.

History. Acts 1931, No. 125, §§ 4, 5; Pope's Dig., §§ 8729, 8730; A.S.A. 1947, §§ 10-311, 10-312.

22-5-602. Suit to recover value of cut timber and to restrain trespass.

Whenever the Attorney General shall receive or obtain information that anyone is cutting timber upon state lands, it shall be the duty of the Attorney General to institute suit to recover the value of the timber that has been cut and to restrain further trespass upon the land.

History. Acts 1931, No. 125, § 1; Pope's Dig., § 8726; A.S.A. 1947, § 10-306.

22-5-603. Suit for ejectment and recovery of rental value.

Whenever the Attorney General shall have information that anyone is in possession of land that has been forfeited to the state and the period of redemption has expired, he or she shall institute suit to eject the person from the land and to recover the rental value of the land during the time it was occupied after the period of redemption had expired.

History. Acts 1931, No. 125, § 2; Pope's Dig., § 8727; A.S.A. 1947, § 10-307.

22-5-604. Suit for cancellation of donation certificate.

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.
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.
The state and the donee may present affidavits as proof.
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.

History. Acts 1931, No. 125, § 3; Pope's Dig., § 8728; A.S.A. 1947, § 10-310.

Case Notes

Failure to Contest or Appeal.

Where copy of Attorney General's complaint that donation certificate was fraudulently procured was served on the donee, who failed to contest or to appeal from adverse determination, donee was precluded from relying upon donation certificate as basis for issuance of donation deed and could not successfully plead the donation deed in ejectment action by owner of land prior to forfeiture for nonpayment of taxes. Stewart v. Hall, 198 Ark. 493, 129 S.W.2d 238 (1939).

22-5-605. Suit involving state title — Cutting or removing timber pending final determination.

In all suits pending in any courts of this state where the state is a party of record claiming title to, or any interest in, any real estate, the title to which is in controversy in the suit, neither the party claiming adversely to the state in the suit nor any other person, firm, or corporation, whether a party to the record in the cause or not, shall, pending a final determination of the litigation, cut or remove from the lands any trees, logs, or timber thereon, except as provided in this section.
The court in which the cause of action is pending or the judge of the court in vacation may permit a party to the record in the cause, who is claiming in the cause of actions an interest adverse to the state in the lands and the trees, logs, or timber growing or being thereon, to cut or remove the trees, logs, or timber upon condition that the party shall file in the court, and in the cause, a petition praying such permission and containing a correct description of the particular lands on which the trees, logs, or timber desired to be cut or removed are situated, a correct estimate, by forty-acre tracts, of the trees, logs, or timber and the value of the trees, logs, or timber.
The petition shall be duly verified.
Upon reasonable notice to the adverse party, the petition, the allegations of which may be controverted, may be taken up by the court or judge in vacation and, if granted, shall be upon condition that the petitioners shall enter into a good and sufficient bond to the State of Arkansas. The bonds must be approved by the clerk of the court, in an amount not less than the reasonable cash market value of the trees or logs desired to be cut and removed, obligating the petitioner and his or her sureties to pay to the State of Arkansas all damages it may sustain by the granting of the petition, should it be finally determined in the cause that the state is the owner of the timber cut, of the logs cut and removed, or of any interest therein.
It shall be unlawful for any person, firm, or corporation who has not complied with the provisions of this section to cut any growing timber situated on the lands referred to in the cause of action or to remove from the lands any logs or trees lying or being thereon.
If it is deemed necessary to protect against such trespass and hold intact the rights of the state, pending a final hearing and determination of the cause, the court or the judge in vacation may, at the instance of the state and without bond, grant an injunction or restraining order prohibiting trespass until the cause is finally determined.

History. Acts 1919, No. 424, §§ 1, 2; C. & M. Dig., §§ 6787, 6788; Pope's Dig., §§ 8724, 8725; A.S.A. 1947, §§ 10-313, 10-314.

22-5-606. Constitutional Officers Fund and State Central Services Fund.

All amounts recovered for the state shall be paid to the Treasurer of State to be credited to the Constitutional Officers Fund and State Central Services Fund for the support of the office of the Commissioner of State Lands, and each agent's per diem and expenses shall be paid from the fund.

History. Acts 1931, No. 125, § 6; A.S.A. 1947, § 10-312n.

Subchapter 7 — Field Notes and Records

Cross References. County surveyor to survey lands on application in accordance with entry, § 14-15-706.

Effective Dates. Acts 1854, p. 16, § 5: effective on passage.

Acts 1857, p. 67, § 3: effective on passage.

Acts 1881, No. 12, § 7: effective on passage.

Acts 1893, No. 111, § 2: effective on passage.

Acts 1933, No. 155, § 3: Mar. 25, 1933. Emergency clause provided: “Whereas, the United States District Land Office in Little Rock was discontinued on January 31, 1933, and all records pertaining to said office were transferred to the General Land Office in Washington, D.C., wherefore it is determined that great inconvenience does now attend the citizens of this state in obtaining information contained in said records, and for that reason an emergency is declared to exist. Therefore, for the preservation of the public peace, health and safety, it is imperative that this act become effective without delay and it shall upon its passage and approval become immediately effective.”

Acts 1939, No. 121, § 4: Feb. 22, 1939. Emergency clause provided: “Whereas, great inconvenience now attends the citizens of this state in obtaining information contained in said records by reason of their not being in the custody and keeping of Commissioner of State Lands of the State of Arkansas, an emergency is found and is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety, it shall, upon its passage and approval, become immediately effective.”

Acts 2001, No. 1417, § 12: Apr. 9, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the fiscal year begins July 1, and it is efficient to establish the Division of Land Surveys within the Office of the Commissioner of State Lands on the same date as the fiscal year begins. If the division were transferred at a later date, the budget for the Arkansas Geological Commission and the Office of the Commissioner of State Lands would be confusing and irreparably harmed. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

22-5-701. Field notes and other papers as public records — Right to inspect and copy.

The field notes, transcripts, documents, maps, plats, records, and other papers kept in the office of the Commissioner of State Lands are declared to be public records.
Under the authority and direction of the Director of the Bureau of Land Management, any deputy surveyor or other agent of the United States shall have free access to any such public records for the purpose of taking extracts therefrom or making copies thereof, without charge of any kind.
The Commissioner of State Lands and the clerks in his or her office shall be allowed to take extracts from or make copies of any of the public records in the office of the Commissioner of State Lands.
All other persons may have the right to inspect the public records under the supervision of the Commissioner of State Lands or the clerks in his or her office.
The Commissioner of State Lands shall assign a space in his or her office for the reception and safekeeping of records and shall allow free access to the records by the authorities of the United States.

History. Acts 1881, No. 12, §§ 2, 5, p. 18; C. & M. Dig., §§ 4745, 4748; Acts 1933, No. 155, § 2; Pope's Dig., §§ 5447, 5824, 5827, 5833; Acts 1939, No. 121, § 2; A.S.A. 1947, §§ 10-1202, 10-1205, 10-1207.

Publisher's Notes. Acts 1881, No. 12, § 1, authorized the Commissioner of State Lands to take charge of the field notes, maps, records, and other papers pertaining to surveys of the public lands and land titles in Arkansas, which were formerly in the office of the Surveyor-General of the District of Arkansas.

Acts 1933, No. 155, § 1, as amended by Acts 1939, No. 121, § 1, provided that the Commissioner of State Lands take charge of all transcripts, documents, records, field notes, maps, plats, and other papers formerly kept in the United States District Land Office in Little Rock, Arkansas.

22-5-702. Copies, extracts, etc. — Recording — Admissibility as evidence.

All certified transcripts and copies of any of the public records in the office of the Commissioner of State Lands, properly certified by the Commissioner of State Lands, shall be entitled to be recorded in all deed records and shall be received in evidence in all courts of this state in the same manner and with like effect as the originals.
Any certified extract, entry of field notes, maps, records, or other papers, properly certified by the Commissioner of State Lands, shall be received in evidence in all courts of this state in the same manner as if the copy of the entire field notes, maps, records, or other papers had been produced.

History. Acts 1881, No. 12, §§ 3, 4, p. 18; C. & M. Dig., §§ 4746, 4747; Pope's Dig., §§ 5825, 5826; Acts 1939, No. 121, § 3; A.S.A. 1947, §§ 10-1203, 10-1204, 10-1208.

Research References

Ark. L. Rev.

Documentary Evidence — Arkansas, 15 Ark. L. Rev. 79.

Case Notes

Parol Evidence.

A certified copy of an official survey made by a county surveyor is prima facie correct but any duly qualified surveyor may testify as to its correctness. Russell v. State, 97 Ark. 92, 133 S.W. 188 (1910).

It was not error to refuse to permit a surveyor to testify as to what the state official maps and plats show as to the boundary line of the state; such maps and plats being themselves the best evidence and provable by introduction of the originals or by duly certified copies. Russell v. State, 97 Ark. 92, 133 S.W. 188 (1910).

22-5-703. Counties may obtain field notes — Appropriations.

1. The county court of each county is authorized to ascertain at what price the field notes of survey of the lands in the county, together with township maps thereof, can be obtained. After the court shall have obtained a knowledge of the amount of expenses necessary to procure the field notes and township maps, it shall cause the price to be posted in an advertisement, at the courthouse door, requesting all the justices of the county to attend the next county court.
2. If a majority of the justices present shall vote in favor of paying the ascertained price, then the county court may proceed to procure the field notes and maps from the office of the Commissioner of State Lands. The field notes and maps so procured, certified by the Commissioner of State Lands, shall be lodged in the office of the clerk of the county court.
For putting this section into effect, each county is authorized to make the necessary appropriations out of any money in the county treasury not otherwise appropriated.

History. Acts 1854, §§ 1, 4, p. 16; Acts 1857, § 1, p. 67; C. & M. Dig., § 4749; Pope's Dig., § 5828; A.S.A. 1947, §§ 10-1209 — 10-1211.

22-5-704. Fees for copies.

The clerk of each county court shall issue, when called by any person, a copy of the field notes and maps of the county and is authorized to charge fifty cents (50¢) for each copy.
No copy shall contain more than three hundred twenty (320) acres without an additional charge of fifty percent (50%) on such enlargement on any one (1) copy, to be paid by the applicant.
The Commissioner of State Lands is directed to furnish free of charge to any county in this state which has lost its field notes of land surveys of the county by the burning of its courthouse copies of the field notes relating to the survey of lands in the county, at as early a time as may be, after the county judge of the county shall file with the Commissioner of State Lands an application for copies of the lost or destroyed field notes.
Each county surveyor shall have the liberty of copying any of the field notes and maps kept in the county courthouse for his or her own use, without charge of any kind.
It shall be the duty of the county clerk of each county to make a true report of all moneys collected by him or her for copies issued of the field notes and maps to the county court at settlement term in each year.
It shall be the duty of the court to charge the clerk thirty percent (30%) on all moneys collected by him or her pursuant to this section, and the court shall order the sheriff of the county to collect the percentage so charged and pay it over to the county treasurer, to be used as other county funds.

History. Acts 1854, §§ 2, 3, p. 16; 1857, § 2, p. 67; 1893, No. 111, § 1, p. 196; C. & M. Dig., §§ 1905, 4750-4752, 6584; Pope's Dig., §§ 2422, 5829-5831, 8615; A.S.A. 1947, §§ 10-1212 — 10-1215.

22-5-705. Applicability of Arkansas Administrative Procedure Act.

The office of the Commissioner of State Lands shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2001, No. 1417, § 9.

Subchapter 8 — Mineral, Timber, and Other Resources

A.C.R.C. Notes. Acts 1993, No. 509, § 2, provided, in part:

“All rules and regulations currently in effect shall inure to the Commissioner of State Lands for the implementation of this act.”

Cross References. Removal of trees growing on navigable rivers or streams, penalty, § 5-72-102.

Preambles. Acts 1965, No. 112, contained a preamble which read:

“Whereas, agencies of the United States and the State of Arkansas have been, are now, and in the future will be engaged in work on, in and around navigable streams in the State of Arkansas; and

“Whereas, it is necessary from time to time for said agencies to create lakes or to cut new channels, thereby causing land to be inundated by navigable waters; and

“Whereas, when said agencies acquire land for the purpose of inundation they frequently do not purchase or condemn the oil, gas and other minerals and do not pay the mineral owner compensation for the minerals; and

“Whereas, once the land becomes inundated by navigable waters it is not certain under existing law whether such minerals remain in private ownership vested in the original mineral owners, and their assigns, or whether the title to the minerals then passes to the State of Arkansas, or thereafter passes to the state after seven years of continuous inundation by navigable waters; and

“Whereas, it could be inequitable and unconscionable for the State of Arkansas to acquire title to the minerals under lands covered by artificially created navigable water without compensation to the private mineral owners;

“Therefore….”

Effective Dates. Acts 1919 (2nd Ex. Sess.), No. 262, § 5: Oct. 21, 1919. Emergency declared.

Acts 1941, No. 424, § 2: effective on passage.

Acts 1965, No. 112, § 6: Feb. 23, 1965. Emergency clause provided: “It having been found by the General Assemby of the State of Arkansas that the present law concerning ownership of the oil, gas and other minerals in and under lands covered by artificially created navigable waters is not clear, and that it would be unconscionable and inequitable for the owners to lose and the State of Arkansas to acquire title to such minerals simply by operation of law and without payment of compensation therefor, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 524, § 15: Mar. 21, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws relating to the granting of leases and permits to take timber, sand, gravel, oil and gas, and other minerals from state-owned lands are inadequate to properly protect the state lands and to assure the state of adequate compensation for taking such timber, sand, gravel, oil and gas and other minerals from such lands; that this act is designed to correct this situation by establishing appropriate procedures therefor and making provision for the receipt of adequate compensation therefor by the state and its institutions and agencies, and should be given effect at the earliest possible date. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 572 § 6: July 1, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this act on July 1, 1977 is essential to the operation of the agency for which the appropriations in this act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1977 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1977.”

Acts 1981, No. 684, § 11: Mar. 23, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws relating to the granting of leases and permits to take timber, sand, gravel, oil and gas, and other minerals from state-owned lands are inadequate to properly protect the state lands and to assure the state of adequate compensation for taking such timber, sand, gravel, oil and gas and other minerals from such lands; that this act is designed to correct this situation by establishing appropriate procedures therefor and making provision for the receipt of adequate compensation therefor by the state and its institutions and agencies. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 691, § 19: Close of business, June 30, 1983, except § 15, effective Mar. 1, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the various boards, commissions, departments, agencies, and services transferred to the Department of Commerce under the provisions of Acts 1971, No. 38, as amended, could perform their duties more efficiently as independent agencies; that the agencies and services consolidated within the Department of Commerce under Acts 1971, No. 38, are so diverse in their purposes and duties that it is difficult for the Administrator of said Department to exert leadership in the operation of such agencies and programs; and, that the abolishment of the Department of Commerce and its central services would result in financial savings which could be best used for the support and operation of other essential services of government, and that the immediate passage of this act is necessary to provide for the repeal of the Department of Commerce and for the transition of the various departments, agencies, boards, commissions, and programs and services within said Department to an independent status, as provided herein. Therefore, an emergency is hereby declared to exist and this act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect as follows: Section 15 of this act shall be effective from and after March 1, 1983, and the remaining provisions of this act shall be effective on the close of business June 30, 1983 and thereafter.”

Acts 1993, No. 509, § 11: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 2009, No. 1416, § 44: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2009 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2009 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2009.”

Research References

Am. Jur. 52 Am. Jur. 2d, Logs, § 51 et seq.

53A Am. Jur. 2d, Mines, § 31 et seq.

C.J.S. 58 C.J.S., Mines, § 28 et seq.

Case Notes

Applicability.

Prior acts controlling the taking of sand and gravel from the beds of navigable rivers were held to apply to sand and gravel in the beds of navigable streams over which the state has jurisdiction wholly or in part. Union Sand & Material Co. v. State, 127 Ark. 456, 192 S.W. 380 (1917) (decision under prior law).

Approval of Governor.

A lease of mining rights in state-owned property not authorized by statute could not be validated by the approval of the Governor and Attorney General. Pulaski Mining Co. v. Vance, 185 Ark. 653, 48 S.W.2d 834 (1932) (decision under prior law).

Commission by Federal Government.

Commission to appellant by a department of the United States government to erect a structure on a river does not give the appellant any affirmative right to appropriate sand from the riverbed without complying with Arkansas law. Union Sand & Material Co. v. State, 127 Ark. 456, 192 S.W. 380 (1917) (decision under prior law).

Corporate Charter.

The state holds the beds of the navigable streams for the common use of its citizens and, by issuing a charter to a corporation, did not bind itself not to change the terms upon which the material can be taken out of the beds of the stream. Southern Sand & Material Co. v. State ex rel. Att'y Gen., 121 Ark. 1, 180 S.W. 219 (1915) (decision under prior law).

Excessive Acreage.

Where lease for removal of sand and gravel contained more acreage than lessee could use, Commissioner of Revenues (now the Director of the Department of Finance and Administration) could reconsider lease, revoke that part which was not necessary for lessee's use, and release it to another. Morley v. Berg, 218 Ark. 195, 235 S.W.2d 873 (1951) (decision under prior law).

Implied Repeal.

Since the language of §§ 22-5-801 — 22-5-813 intended to cover anew and exclusively the subject of removal of sand and gravel from navigable streams and substituted those sections for Acts 1971, No. 232, thus creating a uniform system of removal of sand and gravel from the beds of all the navigable streams, §§ 22-5-801 — 22-5-813 impliedly repealed the 1971 act. White River Sand & Gravel Removal Comm'n v. Hayes Bros. Land & Timber Co., 259 Ark. 283, 532 S.W.2d 191 (1976).

Injunction.

The Commissioner of Revenues (now the Director of the Department of Finance and Administration) had authority to ask in his name an injunction to prevent illegal taking of state property. Morley v. Berg, 216 Ark. 562, 226 S.W.2d 559 (1950) (decision under prior law).

Navigable River.

Evidence in a riparian owner's suit to recover the value of gravel taken from the bed of a river was held to show that the stream was navigable. Lutesville Sand & Gravel Co. v. McLaughlin, 181 Ark. 574, 26 S.W.2d 892 (1930) (decision under prior law).

Protection of Lease.

There is an implied covenant upon the part of the lessee to exercise reasonable care to protect the lease against trespassers. Thompson v. Clark, 221 Ark. 955, 257 S.W.2d 42 (1953) (decision under prior law).

Reconsideration of Lease.

While the Commissioner of Revenues (now the Director of the Department of Finance and Administration) could not arbitrarily cancel the state's lease, in whole or in part, as long as the lessee performs his duty, it does not follow that later events may not warrant a reconsideration of the area to be held exclusively by the lessee. Thompson v. Clark, 221 Ark. 955, 257 S.W.2d 42 (1953) (decision under prior law).

Taxation.

Prior law requiring payment to the state for sand and gravel taken from the beds of navigable streams did not levy a tax, but provided a method of utilizing the common property of the state for the benefit of the citizens. State ex rel. Moose v. Southern Sand & Material Co., 113 Ark. 149, 167 S.W. 854 (1914) (decision under prior law).

22-5-801. Leases and permits — Purpose of this section and §§ 22-5-802 — 22-5-813 — Definition.

It is the purpose and intent of this section and §§ 22-5-802 — 22-5-813 to charge the Commissioner of State Lands with the authority and responsibility for considering applications for and granting leases and permits for the taking of sand, gravel, oil, natural gas, casinghead gas, coal and other minerals, and timber or logs from the beds and bars of navigable rivers and lakes in this state or from any other lands or interests in lands held in the name of the State of Arkansas or any state agency or institution, excluding tax-forfeited lands and minerals, and to supervise activities on state-owned lands by leaseholders and permittees.
As used in this subchapter, “log” means a bulky piece or length of unshaped timber, a length of a tree trunk ready for sawing, or a portion of the trunk of a felled tree that is sunk on the bed of submerged land owned by the State of Arkansas.

History. Acts 1975, No. 524, § 13; A.S.A. 1947, § 10-1026; Acts 1993, No. 509, § 1; 2005, No. 786, § 1.

Amendments. The 2005 amendment inserted “or logs” in present (a); and added (b).

22-5-802. Leases and permits — Exemptions for state agencies.

The provisions of this section and §§ 22-5-801 and 22-5-803 — 22-5-813 shall not be applicable to the severance, sale, or other disposition of sand, gravel, timber or logs, or minerals salvaged, severed, or removed by a state agency from lands held in the name of or managed by the agency if the sand, gravel, timber or logs, or minerals are salvaged, severed, or removed in the course of managing, developing, and improving the lands by the state agency. This exemption shall not apply to sales for commercial purposes.
Any state agency, department, or institution or any county, municipality, or other division of government desiring to sever or take any sand, gravel, timber or logs, or minerals from any lands held in the name of or managed by the state or a state agency or from the beds and bars of rivers in this state, other than lands held in the name of or managed by the agency or division of government so desiring, shall obtain a permit to do so from the Commissioner of State Lands but shall not be required to comply with the bid procedures contained in this section and §§ 22-5-801 and 22-5-803 — 22-5-813 or to pay any fee, royalty, or taxes otherwise required by this section and §§ 22-5-801 and 22-5-803 — 22-5-813.
The provisions of this section and §§ 22-5-801 and 22-5-803 — 22-5-813 relating to the authority to lease and permit lands held in the name of or managed by the Arkansas State Game and Fish Commission shall not be applicable to the lands of that agency. The commission shall retain control over the procedures for awarding and shall retain the authority over the issuance of leases for the mineral rights and of permits for the rights to produce and sever minerals from lands held in its name or managed by it. Provided, that the commission shall use the same requirements, procedures, standards, and methods required under this section and §§ 22-5-801 and 22-5-803 — 22-5-813 for other state agencies to lease mineral rights and to issue permits to produce and sever minerals.

History. Acts 1975, No. 524, §§ 11, 12; 1981, No. 684, §§ 8, 9; A.S.A. 1947, §§ 10-1024, 10-1025; Acts 1991, No. 537, § 1; 1993, No. 509, § 1; 2005, No. 786, § 2.

Amendments. The 2005 amendment inserted “or logs” twice in (a) and in (b).

22-5-803. Leases and permits — Penalties.

1. Upon conviction, a person, firm, company, corporation, or association is guilty of a Class D felony if the person, firm, company, corporation, or association without first obtaining a lease or permit to do so from the Commissioner of State Lands knowingly removes any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or any timber or logs from:
  1. The beds or bars of navigable rivers and lakes in this state; or
  2. Any other lands or interest in lands held in the name of the state.
2. Each day of unauthorized taking shall constitute a separate offense.
In addition to the fine mentioned in subsection (a) of this section, the State of Arkansas may bring suit in the name of the state to recover the value of the sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or timber or logs which have been illegally removed, as well as all severance taxes and royalties due as a result of the removal.

History. Acts 1975, No. 524, § 9; A.S.A. 1947, § 10-1022; Acts 1993, No. 509, § 1; 2005, No. 786, § 3; 2015, No. 1132, § 1.

Amendments. The 2005 amendment inserted “or logs” in (a); and substituted “or logs which have” for “which has” in (b).

The 2015 amendment rewrote (a)(1).

22-5-804. Leases and permits — Natural Resources Committee — Arkansas State Game and Fish Commission.

1. The Natural Resources Committee is created and shall be composed of the following members:
  1. The Secretary of the Department of Finance and Administration;
  2. The Director of Production and Conservation of the Oil and Gas Commission;
  3. The State Geologist;
  4. The Secretary of the Department of Agriculture;
  5. The Commissioner of State Lands;
  6. The Executive Secretary of the Arkansas State Game and Fish Commission;
  7. The Secretary of the Department of Parks, Heritage, and Tourism;
  8. The Director of the Division of Environmental Quality; and
  9. The Chair of the Arkansas Natural Heritage Commission.
2. A member of the committee may designate a person within the member's organization to attend meetings and conduct committee business on the member's behalf.
The chair of the committee shall be the Commissioner of State Lands.
The committee shall establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases. No permit or lease shall be granted for less than the minimums prescribed in the schedule.
The committee shall have the authority to change the schedule of minimum fees and royalties and the terms of permits and leases.
The Arkansas State Game and Fish Commission shall have the authority, for all lands held in the name of and managed by its agency:
1. To establish a schedule of minimum fees and royalties, as well as the terms and conditions for various types of permits and leases for Arkansas State Game and Fish Commission lands;
2. To take bids on and to award the leases and permits to produce or sever minerals from those lands and to set up application procedures and fees for those leases and permits;
3. To set the length of time for leases or permits to expire and the terms and conditions for their transfer or renewal;
4. To set the minimum fees and royalties for leases and permits and to ensure that severance taxes on minerals from such leases or permits are paid to the proper agencies; and
5. Shall have such other duties, responsibilities, and authority required for the issuance of mineral leases and permits under this section and §§ 22-5-801 — 22-5-803 and 22-5-805 — 22-5-813 for other state lands.

History. Acts 1975, No. 524, § 2; 1981, No. 684, § 1; 1983, No. 691, § 15; 1985, No. 1035, § 1; A.S.A. 1947, §§ 10-1015, 10-1015.2, 10-1015.3; Acts 1991, No. 537, § 2; 1993, No. 509, § 1; 1999, No. 1164, § 177; 2015, No. 1132, § 2; 2019, No. 910, § 120.

Amendments. The 1999 amendment substituted “Department of Environmental Quality” for “Department of Pollution Control and Ecology” in (a).

The 2015 amendment redesignated (a) as (a)(1) and (a)(1)(A) through (J); substituted “Committee is created and shall be composed of the following members” for “Committee created by the section shall be composed of”; deleted “or his or her designee” at the end of (a)(1)(A) and (a)(1)(H); substituted “Natural Resources” for “Soil and Water Conservation” in (a)(1)(E); and added (a)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1)(A); substituted “Secretary of the Department of Agriculture” for “State Forester” in (a)(1)(D); deleted former (a)(1)(E) and redesignated the remaining subdivisions accordingly; substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism” in (a)(1)(G); and substituted “Director of the Division of Environmental Quality” for “Director of the Arkansas Department of Environmental Quality” in (a)(1)(H).

22-5-805. Leases and permits — Requirements — Application — Terms.

No person, firm, company, corporation, or association shall take any sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or sever any timber or logs from the beds or bars of navigable rivers and lakes in this state or from any other lands or interest in lands held in the name of the State of Arkansas or any agency, department, or institution of the state, excluding tax-forfeited lands and minerals, unless that person has first procured a lease or permit to do so from the Commissioner of State Lands.
1. Any person, firm, company, corporation, or association desiring to take sand, gravel, oil, natural gas, casinghead gas, coal or other minerals, or to sever any timber or logs from state-owned lands shall make application for a lease or permit to do so to the Commissioner of State Lands.
2. Each application shall be on forms prescribed by the Commissioner of State Lands and shall contain such information as shall be prescribed by the Commissioner of State Lands regarding the applicant and the business of the applicant, the sand, gravel, minerals, or timber or logs proposed to be removed from the lands under the lease or permit, and any other information as the Commissioner of State Lands shall deem necessary and appropriate to properly protect the interest of the state and to assure that the leaseholder will in good faith carry out all his or her responsibilities under the lease or permit.
1. Every lease or permit issued under the provisions of this section and §§ 22-5-801 — 22-5-804 and 22-5-806 — 22-5-813 shall define the limit of the area from which the lessee or permittee shall be permitted the exclusive right to take the sand, gravel, minerals, or timber or logs designated in the lease or permit.
2. Each lease or permit issued by the Commissioner of State Lands under the provisions of this section and §§ 22-5-801 — 22-5-804 and 22-5-806 — 22-5-813 shall be for a specific term as may be determined by the Commissioner of State Lands; shall require that reasonable commercial production of the sand, gravel, mineral, or timber or logs covered by the lease or permit shall commence within a specified period of time as determined by the Commissioner of State Lands; and shall provide that the lease or permit shall automatically terminate unless commercial production is commenced within the time prescribed unless the time is extended by the Commissioner of State Lands upon a showing that expenses have been incurred and actual operations are in the process of completion for the commercial production of the oil, natural gas, casinghead gas, sand, gravel, coal or other minerals, or the severance of timber or logs under the lease or permit.
Once reasonable commercial production is commenced under any lease or permit issued under this section and §§ 22-5-801 — 22-5-804 and 22-5-806 — 22-5-813, the lease or permit shall automatically terminate if commercial production is discontinued for a period of six (6) months or such other period as may be prescribed in the lease.

History. Acts 1975, No. 524, § 1; A.S.A. 1947, § 10-1014; Acts 1993, No. 509, § 1; 2005, No. 786, § 4.

Amendments. The 2005 amendment inserted “or logs” throughout this section.

Case Notes

Applicability.

Prior law governing removal of sand and gravel did not apply to those who removed sand or gravel for personal or private use. C.M. Johnson Sand & Gravel Co. v. Quarles, 121 Ark. 601, 182 S.W. 283 (1916) (decision under prior law).

Development of Property.

There is an implied obligation on the part of the lessee to develop the entire property so that the lessor may obtain the expected income that induced him to grant the lease. Thompson v. Clark, 221 Ark. 955, 257 S.W.2d 42 (1953) (decision under prior law).

Cited: White River Sand & Gravel Removal Comm'n v. Hayes Bros. Land & Timber Co., 259 Ark. 283, 532 S.W.2d 191 (1976).

22-5-806. Leases and permits — Offer to pay minimums — Notice — Award.

Any person applying for a lease or permit under the provisions of this section and §§ 22-5-801 — 22-5-805 and 22-5-807 — 22-5-813 shall offer in the application to pay at least the minimums prescribed in the schedule for the lease or permit.
1. Upon receipt of an application for a lease or permit, the office of the Commissioner of State Lands shall determine whether issuing a permit or lease would be in the best interests of the State of Arkansas. If so, the Commissioner of State Lands, within ten (10) days after that determination, shall cause to be published in a newspaper of general circulation in this state for no fewer than three (3) consecutive days, and in a newspaper of general circulation in the county or counties in which the property is located for not less than one (1) day, a notice that an application has been filed.
2. The notice shall contain a description of the permit or lease sought, the minimum fee or royalty, and the terms and conditions prescribed for the permit or lease and shall state that persons may bid on the lease or permit by filing a sealed bid in writing with the office of the Commissioner of State Lands within the time specified in the publication.
3. All bids shall be submitted not less than twenty (20) days from the last day of publication.
1. If no other bids for the lease or permit are filed with the Commissioner of State Lands within the specified time period, the lease or permit may be awarded to the person applying therefor.
2. If other bids are received, the lease or permit may be awarded to the highest bidder, but if two (2) or more bids are, in the judgment of the Commissioner of State Lands, reasonably close, the Commissioner of State Lands may require an open auction between the high bidders.
3. After the bidding process is completed, the Commissioner of State Lands, with the recommendations of the Natural Resources Committee, may reject all offers considered unreasonable or may establish terms considered reasonable and in the best interest of the state, which the highest bidder may accept, without further advertising by the state.

History. Acts 1975, No. 524, § 2; 1981, No. 684, § 1; A.S.A. 1947, § 10-1015; Acts 1993, No. 509, § 1.

22-5-807. Leases and permits — Notice to, and recommendations from, interested agencies.

When an application for a lease or permit is filed with the Commissioner of State Lands for the taking or production of any sand, gravel, oil, natural gas, casinghead gas, coal, or other minerals or the severance of any timber or logs from state-owned lands, the Commissioner of State Lands shall so notify the Arkansas Geological Survey, the Arkansas Natural Resources Commission, the Oil and Gas Commission, the Arkansas State Game and Fish Commission, the Department of Parks, Heritage, and Tourism, the Division of Environmental Quality, the Arkansas Forestry Commission, and any other appropriate state agency that has or may have a particular interest in the area proposed to be covered by the lease or permit.
Any interested agency shall have an opportunity to investigate the proposed production or taking of sand, gravel, or minerals or the severance of timber or logs under the lease or permit and to report its findings and recommendations to the Commissioner of State Lands, including any recommendations for conditions or limitations to be imposed on the lessee or permittee with respect to the production of sand, gravel, minerals, or the severance of timber or logs under the lease or permit, within the time specified in the notice.
The Commissioner of State Lands may deny an application or may grant a permit or lease subject to such conditions and requirements as he or she deems appropriate to properly protect the interests of the State of Arkansas.
No permit or lease shall be granted on interests held in the name of or managed by a state agency or institution without the written consent of the agency or institution.
The issuance of a permit or lease shall not be unreasonably delayed or denied without justifiable cause.

History. Acts 1975, No. 524, § 3; 1981, No. 684, § 2; A.S.A. 1947, § 10-1016; Acts 1993, No. 509, § 1; 1999, No. 1164, § 178; 2005, No. 786, § 5; 2019, No. 910, § 3238.

Amendments. The 1999 amendment substituted “Arkansas Department of Environmental Control” for “Department of Pollution Control and Ecology” in (a).

The 2005 amendment inserted “or logs” in (a) and twice in (b).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism, the Division of Environmental Quality” for “Department of Parks and Tourism, the Arkansas Department of Environmental Quality” in (a).

22-5-808. Leases and permits — Records — Fees — Disposition of funds.

The office of the Commissioner of State Lands shall maintain a permanent record of all leases and permits issued under this section and §§ 22-5-801 — 22-5-807 and 22-5-809 — 22-5-813.
1. The person, firm, company, corporation, or association making application or filing a competitive bid for a lease or permit with the State of Arkansas shall pay a fee to cover the cost of processing its application.
2. The amount of the fee shall be set by the Commissioner of State Lands and shall be deposited as cash funds as defined by § 19-4-801.
The funds shall be used to pay for the advertising, processing, and recording of applications received.

History. Acts 1975, No. 524, § 4; 1977, No. 572, § 2; 1981, No. 684, § 3; A.S.A. 1947, § 10-1017; Acts 1993, No. 509, § 1; 2009, No. 610, § 8.

Amendments. The 2009 amendment substituted “as cash funds as defined by § 19-4-801” for “in the State Treasury as cash funds and credited to the Severed Resources Fund” in (b)(2); and deleted (c)(2).

22-5-809. Leases and permits — Monthly statements — Payment of severance tax.

1. Every person obtaining a lease or permit under this section and §§ 22-5-801 — 22-5-808 and 22-5-810 — 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Revenue Division of the Department of Finance and Administration monthly an itemized verified statement of the total conventional weight or volume of any and all minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the division.
2. Every person obtaining a lease or permit under this section and §§ 22-5-801 — 22-5-808 and 22-5-810 — 22-5-813 shall keep an accurate record and account of all sand, gravel, oil, natural gas, casinghead gas, coal and other minerals taken, and all timber or logs severed from the land covered by the lease or permit and shall file with the Commissioner of State Lands monthly an itemized verified statement of the total number of tons of sand and gravel, barrels of oil, thousands of cubic feet of natural gas and casinghead gas, tons of coal, and the conventional weight or volume of any and all other minerals and timber or logs taken under the lease or permit during the preceding month. These reports shall be made on forms prescribed by the Commissioner of State Lands.
1. At the time of filing the reports, the lessee or permittee shall pay the severance tax to the Department of Finance and Administration in the same manner and at the same rate as all other severance taxes collected by the division.
2. The lessee or permittee shall also pay monthly to the Commissioner of State Lands royalties on the amount of actual consideration for the sand, gravel, minerals, or timber or logs taken or severed from the state-owned lands under the conditions of the lease or permit issued by the Commissioner of State Lands.
3. The Commissioner of State Lands shall be further authorized to require the posting of a corporate surety bond by any lessee or permittee to guarantee the payment of the taxes, royalties, and consideration.
1. Except for application and bid fees, all funds received by the Commissioner of State Lands as fees, compensation, or royalties for leases or permits issued for the taking of any sand, gravel, minerals, or timber for lands owned or held in the name of a state agency shall be special revenues and shall be deposited into the State Treasury and credited to the fund or account from which the agency receives its support and for lands owned or held in the name of a state institution of higher education shall be deposited into the State Treasury and transferred by warrant to the institution of higher education for deposit into the institution's cash fund account established outside the State Treasury.
2. Except for application and bid fees, all funds received by the Commissioner of State Lands for leases or permits for the taking of any sand, gravel, minerals, or timber from all other state-owned lands shall be deposited into the State Treasury as general revenues.
3. Except for application and bid fees derived from the removal of logs, all funds received by the Commissioner of State Lands for leases or permits for the taking of logs from lands owned or held in the name of the state shall be deposited as cash funds into the State Treasury for the State Land Department. The Commissioner of State Lands shall distribute cash revenues deposited into the State Treasury for the State Land Department to counties from which logs were removed in accordance with the value of the logs as determined by the Commissioner of State Lands.
4. All funds received by the Arkansas State Game and Fish Commission as fees, compensation, or royalties, including any application or bid fees, for leases or permits issued for the taking of any minerals for lands held in the name of the commission shall be special revenues and shall be deposited into the State Treasury and credited to the Game Protection Fund for the use of the commission.

History. Acts 1975, No. 524, § 5; 1981, No. 684, § 4; A.S.A. 1947, § 10-1018; Acts 1991, No. 537, § 3; 1993, No. 509, § 1; 2005, No. 786, § 6; 2009, No. 1416, § 41.

Amendments. The 2005 amendment inserted “or logs” twice in (a)(1) and (a)(2) and once in (b)(2); added (c)(3); and redesignated former (c)(3) as present (c)(4).

The 2009 amendment, in (c)(1), deleted “or institution” following “agency” twice, and added “and for lands owned … outside the State Treasury.”

Case Notes

Funds.

The Arkansas Game and Fish Commission was authorized under Ark. Const. Amend. 35 and subdivision (c)(4) of this section and § 22-5-812(c) to enter into gas leases with private companies and to deposit the revenue into the Game Protection Fund. Gas leases fall within the ambit of Ark. Const. Amend 35. Dockery v. Morgan, 2011 Ark. 94, 380 S.W.3d 377 (2011).

22-5-810. Leases and permits — Liability — Transferability — Renewal.

Each person, firm, company, corporation, association, or other business entity holding a lease or permit for the taking or production of any sand, gravel, timber or logs, minerals, or other natural resources shall be absolutely liable for all severance taxes, royalties, and actual consideration for all the sand, gravel, or minerals produced or timber or logs severed under the lease or permit regardless of whether the lessee or permittee is actually producing or severing the minerals or timber or logs from the land.
1. All leases issued under the authority of this section and §§ 22-5-801 — 22-5-809 and 22-5-811 — 22-5-813 shall be transferable only with the approval of the Commissioner of State Lands.
2. Any lease transferred in violation of subdivision (b)(1) of this section shall be subject to cancellation by the Commissioner of State Lands.
3. All permits issued under the authority of this section and §§ 22-5-801 — 22-5-809 and 22-5-811 — 22-5-813 shall not be transferable.
Upon the expiration of any lease or permit issued under the authority of this section and §§ 22-5-801 — 22-5-809 and 22-5-811 — 22-5-813, the lease or permit shall not be renewed or reissued.

History. Acts 1975, No. 524, § 7; 1981, No. 684, § 5; A.S.A. 1947, § 10-1020; Acts 1993, No. 509, § 1; 2005, No. 786, § 7.

Amendments. The 2005 amendment inserted “or logs” three times in (a).

22-5-811. Leases and permits — Existing ones to continue.

Any person, firm, company, corporation, state agency, or other business entity holding a lease or permit on March 21, 1975, for the taking or production of any sand, gravel, minerals, or timber or logs from state-owned lands shall be permitted to continue to take or produce sand, gravel, minerals, or timber or logs from state-owned lands in accordance with the existing lease or permit.

History. Acts 1975, No. 524, § 8; 1981, No. 684, § 6; A.S.A. 1947, § 10-1021; Acts 2005, No. 786, § 8.

Amendments. The 2005 amendment inserted “or logs” twice.

22-5-812. Leases and permits — Rules.

The Commissioner of State Lands shall promulgate any rules which may be deemed necessary to carry out the provisions of this section and §§ 22-5-801 — 22-5-811 and 22-5-813.
The Commissioner of State Lands shall include in the rules all grounds and conditions for the revocation or termination of any lease or permit issued under this section and §§ 22-5-801 — 22-5-811 and 22-5-813 and shall provide for reasonable notice to the lessee or permittee of an opportunity to be heard prior to terminating or revoking any lease or permit.
The Arkansas State Game and Fish Commission shall promulgate rules and regulations necessary to lease mineral rights and to issue permits to produce and sever minerals on commission lands in conformity with the requirements, procedures, standards, and methods as provided in this section and §§ 22-5-801 — 22-5-811 and 22-5-813.

History. Acts 1975, No. 524, § 10; 1981, No. 684, § 7; A.S.A. 1947, § 10-1023; Acts 1991, No. 537, § 4; 1993, No. 509, § 2; 2019, No. 315, § 2368.

Amendments. The 2019 amendment deleted “and regulations” following “Rules” in the section heading and made similar changes in (a) and (b).

Case Notes

Mineral Rights.

The Arkansas Game and Fish Commission was authorized under Ark. Const. Amend. 35 and § 22-5-809(c)(4) and subsection (c) of this section to enter into gas leases with private companies and to deposit the revenue into the Game Protection Fund. Gas leases fall within the ambit of Ark. Const. Amend 35. Dockery v. Morgan, 2011 Ark. 94, 380 S.W.3d 377 (2011).

22-5-813. Leases and permits — Compliance with this section and §§ 22-5-801 — 22-5-812.

The office of the Commissioner of State Lands may conduct a continuing check of the operations by lessees or permittees to assure that each lessee or permittee is meeting all the requirements and complying with the conditions of the lease or permit and the provisions of this section and §§ 22-5-801 — 22-5-812.

History. Acts 1975, No. 524, § 6; A.S.A. 1947, § 10-1019; Acts 1993, No. 509, § 2.

22-5-814. Removal of sand or gravel from navigable waters.

Sand and gravel may be removed from the beds or bars of any navigable river or lake by the Arkansas Department of Transportation, any county or road district, or any federal agency to be used for road building or maintenance, without paying the State of Arkansas any amount whatsoever.
All persons, firms, or corporations taking or removing sand or gravel from the beds or bars of any navigable river or lake within the State of Arkansas, and selling the sand or gravel for commercial gain to the department, to any county or road district, or to any federal agency for the purpose of road construction or maintenance, and all highway contractors who remove sand or gravel from the beds or bars of any navigable river or lake within the State of Arkansas for the purpose of road building or maintenance, shall be required to pay to the State of Arkansas the customary royalties as provided by law.
Any person, firm, or corporation taking or removing sand or gravel from the beds or bars of any navigable river or lake within the State of Arkansas, to be used in road building, shall keep a detailed account of all gravel or sand so removed.
A copy of the account shall be filed with the Commissioner of State Lands, a copy with the county judge of the county where the sand or gravel is taken and removed, and a copy shall be retained by the person removing the sand or gravel.

History. Acts 1919 (2nd Ex. Sess.), No. 262, §§ 1, 2, p. 4255; C. & M. Dig., §§ 6793, 6794; Pope's Dig., §§ 8736, 8737; Acts 1941, No. 424, § 1; A.S.A. 1947, §§ 10-1005, 10-1006; Acts 1993, No. 509, § 2; 2017, No. 707, § 82.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

22-5-815. Mineral rights in lands covered by artificially created navigable waters.

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.
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.
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.
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. 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.
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.
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.
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.
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.

History. Acts 1965, No. 112, §§ 1-4; A.S.A. 1947, §§ 10-1010 — 10-1013.

Research References

Ark. L. Rev.

Lex Aquae Arkansas, 27 Ark. L. Rev. 429.

U. Ark. Little Rock L.J.

Survey of Arkansas Law: Property, 4 U. Ark. Little Rock L.J. 233.

Of Cows, Canoes, and Commerce: How the Concept of Navigability Provides an Answer If You Know Which Question to Ask, 25 U. Ark. Little Rock L. Rev. 175 (2002).

22-5-816. [Transferred.]

A.C.R.C. Notes. This section has been renumbered as § 22-5-406(b).

22-5-817. [Repealed.]

Publisher's Notes. This section, concerning leasing at Crater of Diamonds State Park, was repealed by Acts 1999, No. 15, § 6. The section was derived from Acts 1987, No. 793, §§ 1-3; 1993, No. 1156, § 4.

22-5-818. Commercial mining at Crater of Diamonds State Park prohibited.

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.

History. Acts 1999, No. 15, § 1.

Chapter 6 Sale Or Other Disposition Of State Lands

Research References

Am. Jur. 63C Am. Jur. 2d, Public Lands, § 40 et seq.

72 Am. Jur. 2d, States, § 67.

C.J.S. 73B C.J.S., Pub. Lands, § 294 et seq.

81A C.J.S., States, §§ 279-280.

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 2009, No. 1381, § 23, provided: “SELL, LEASE, RENT, CONVEY OR ENCUMBER RAY WINDER FIELD. In no event shall the Department of Human Services, or any of its governing boards, sell, lease, rent, convey or encumber the land and facilities of Ray Winder Field in Little Rock, Arkansas without the prior review and approval of the Arkansas Legislative Council or Joint Budget Committee.”

Cross References. Deed fee for state land commissioner, § 21-6-203.

Effective Dates. Acts 1859, No. 154, § 7: effective on passage.

Acts 1875 (Adj. Sess.), No. 53, § 4: effective on passage.

Acts 1881, No. 26, § 2: effective on passage.

Acts 1885, No. 10, § 7: effective on passage.

Acts 1887, No. 90, § 5: effective on passage.

Acts 1919, No. 226, § 3: Mar. 11, 1919. Emergency declared.

Acts 1919, No. 344, § 8: effective on passage. Emergency declared. Approved Mar. 22, 1919.

Acts 1941, No. 35, § 3: effective on passage.

Acts 1943, No. 206, § 5: Mar. 15, 1943. Emergency clause provided: “Because of the clouding of many titles to real estate throughout the state, resulting in long delays in sales and loans, an emergency is found and hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1945, No. 292, § 3: Mar. 20, 1945. Emergency clause provided: “It is found that thousands of Arkansas men and women in the armed forces are being discharged and that many of them might desire to avail themselves of the opportunity to purchase state-owned tax forfeited lands for the purpose of establishing homes, therefore, an emergency is declared to exist and this act being for the immediate preservation of the public peace, health, and safety shall become effective from and after its passage and approval.”

Acts 1959, No. 305, § 3: Mar. 26, 1959. Emergency clause provided: “It has been found and is hereby declared by the General Assembly that existing law does not adequately provide the retention in the state of the mineral rights when the state or any of its agencies dispose of state-owned land; that the failure to retain such rights will cause irreparable harm to the state and its agencies through the loss of funds which otherwise would be available for making sorely-needed improvements at the State Hospital and the state's other institutions; and that only by the provisions of this act, and the immediate effectiveness thereof, may the aforesaid conditions be alleviated. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force on and after the date of its passage and approval.”

22-6-101. Record of land sales.

In addition to the memorandum of sales or entry of lands to be made upon the maps or plats, the Commissioner of State Lands shall procure a well-bound book in which he or she shall enter each location or purchase of lands and in which he or she shall specify the tract sold, to whom sold, the date of sale, and the price and how paid.
The Commissioner of State Lands shall always discriminate the class to which the lands sold belong.
The Commissioner of State Lands shall make to the Auditor of State quarterly reports of the transactions of his or her office. These reports shall show the class of lands, the number of acres, the price per acre, the amount paid and the kind of funds so paid, together with a report of fees certified to the Treasurer of State by the Commissioner of State Lands.

History. Acts 1853, §§ 15, 20, p. 161; 1887, No. 90, § 4, p. 140; C. & M. Dig., §§ 6583, 6588; Pope's Dig., §§ 8614, 8619; A.S.A. 1947, §§ 10-506, 10-507, 10-531.

22-6-102. Correction of errors growing out of erroneous sales.

The Commissioner of State Lands shall have the power to correct errors that exist or may exist arising from the erroneous sale of lands belonging or formerly belonging to the state.
The Commissioner of State Lands shall have the power to correct all manifest errors in the description of lands sold, in the amounts of notes given for lands sold by the state, and also in cases where notes may have been given for the purchase of a greater number of acres than has been confirmed to the state.
It shall be the duty of the Commissioner of State Lands to maintain a record of errors existing in the sales of swamp and overflowed lands.
Certified extracts from the record shall be received as evidence in any court of this state.
In all cases where lands have been erroneously confirmed to the state and sold by it, twice sold by commissioners, sold by them when the lands were unconfirmed or misdescribed, in whole or in part, or when the sales are in any way irregular, informal, or incomplete, the Commissioner of State Lands shall issue a certificate or take steps to perfect the entry or to enable the purchasers, their heirs, or assigns to have refunded to them any money which they may have paid on any entry that is void or voidable.
In all cases where by any reason the State of Arkansas shall be unable to make title to any purchaser of state lands, it shall be lawful for the Commissioner of State Lands to issue a refunding certificate for the amount received from the purchase which shall have been paid into the State Treasury.
The Auditor of State, upon examination of the certificate, if he or she finds that the certificate is properly issued and that the money has been paid into the State Treasury, shall draw his or her warrant upon the Treasurer of State therefor.
The Commissioner of State Lands, on production of proof satisfactory to him or her, may correct errors and put land in a situation to have deeds thereon made.
The action of the Commissioner of State Lands shall be final unless set aside by judgment or decree of a court having competent jurisdiction thereof.
1. The Commissioner of State Lands may furnish a person with a statement of any amounts that may be due in order to perfect any entry or purchase to be paid directly into the State Treasury, or he or she may issue a warrant for any amount due, after issuing a refunding certificate.
2. For such service, the Commissioner of State Lands shall be allowed such fees as allowed by law.
Any action to correct errors on the part of the Commissioner of State Lands shall be legal and binding until overruled or set aside by the decision of a court having competent jurisdiction.

History. Acts 1854, § 3, p. 13; 1859, No. 154, §§ 1-5, 7, p. 182; C. & M. Dig., §§ 6764, 6766-6771; Pope's Dig., §§ 8696, 8698-8703; A.S.A. 1947, §§ 10-508 — 10-514.

Case Notes

Equitable Jurisdiction.

Equity has jurisdiction to confirm title since remedy prescribed by this section for a hearing before the commissioner is not exclusive. Cutrell v. Hoover, 194 Ark. 1085, 110 S.W.2d 19 (1937).

Evidence of Title.

Evidence of refunding certificate held sufficient to uphold validity of defendant's title. Cox v. Thane, 157 Ark. 389, 248 S.W. 270 (1923).

Repayment of Money.

Under Ark. Const., Art. 5, § 28, and Art. 16, § 12, money paid for lands forfeited to the state for taxes cannot be repaid on a refunding certificate of the Commissioner of State Lands without a specific appropriation therefor. Oliver v. Bolinger, 146 Ark. 242, 225 S.W. 314 (1920).

Although this section provides that where land is erroneously sold, the Commissioner of State Lands shall issue a refunding certificate for the sum paid and the Auditor shall draw a warrant on the Treasurer therefor, the Auditor will not, in the absence of an appropriation by the General Assembly, be required by mandamus to draw the warrant. Winn v. Humphrey, 195 Ark. 131, 111 S.W.2d 468 (1937).

22-6-103. Issuance of replacement certificates of purchase.

The Commissioner of State Lands shall issue certificates of purchase only in cases in which it shall appear by the records that no certificates have ever been issued and in cases where the affidavit of the applicant, or some person for him or her, shall be filed stating that the original certificate had not been assigned or that it has been lost or destroyed.

History. Acts 1854, § 2, p. 13; C. & M. Dig., § 6763; Pope's Dig., § 8695; A.S.A. 1947, § 10-520.

22-6-104. Execution of deed on original or patent certificate.

The owner of any original or patent certificate for any seminary, saline, internal improvements, swamp and overflowed, real estate bank, or state bank lands, or the assignee or the parties in whom the legal title to the land exists, may present the certificate to the Commissioner of State Lands, who, if he or she finds that the sale of the land was made in conformity to law and that the land has been fully paid for, shall execute, under his or her hand and official seal, a deed conveying all rights, title, and interest of the state thereto.
The seal of the Commissioner of State Lands shall be sufficient verification and authentication of the deed so made and shall entitle the deed to record, which shall be received as evidence in any court of this state.
The original or patent certificates upon which deeds are made shall be filed in the Commissioner of State Lands' office, and the Commissioner of State Lands shall keep an abstract of the deeds so made, from which he or she may issue duplicates upon sufficient proof of the loss of original deeds.
In all cases where sufficient proof is presented of the loss or destruction of any deeds made to any lands belonging to this state, by any officer authorized so to do, where evidence exists in the Commissioner of State Lands' office of the issuance of the former deeds, it shall be the duty of the Commissioner of State Lands to issue duplicates or make new deeds therefor, as the case may be, referring therein to the deeds previously issued.
The duplicates or new deeds shall have the like force and effect as the original deeds.

History. Acts 1875 (Adj. Sess.), No. 53, §§ 1, 2, p. 91; 1881, No. 26, § 1, p. 40; C. & M. Dig., §§ 6759, 6760; Pope's Dig., §§ 8691, 8692; A.S.A. 1947, §§ 10-521, 10-522.

Case Notes

Unrecorded Deed.

A deed of the Commissioner of State Lands conveying land forfeited for taxes, authenticated by his official seal, is prima facie evidence of title, although it has not been recorded. Thornton v. Smith, 88 Ark. 543, 115 S.W. 677 (1909).

22-6-105. Execution of deed on certificate of purchase.

The owner of any certificate of purchase for any swamp and overflowed, seminary, saline, internal improvement, real estate bank, or state bank lands, or the assignee or the party in whom the legal title to the lands exist, may present the certificates and other evidences of the legal title to the lands to the Commissioner of State Lands. If the Commissioner of State Lands finds that the sale of the lands was in conformity to law, the lands have been fully paid for, and the evidences of assignment have been made in accordance with law, he or she shall execute, under his or her hand and official seal, a deed conveying all the right, title, and interest of the state in and to the lands.
The deed of the state shall not be issued to any approved swamp and overflowed lands until after the issuance of the patent by the United States to the state for the lands.

History. Acts 1885, No. 10, § 3, p. 10; C. & M. Dig., § 6591; Pope's Dig., § 8622; A.S.A. 1947, § 10-524.

Publisher's Notes. Acts 1885, No. 10, § 7, provided that nothing in the act should be construed to repeal the act of Dec. 15, 1875, which enabled settlers and preemptors on the swamp and overflowed lands to perfect their titles by entry or the act of Mar. 18, 1879, which authorized the sale of swamp lands in certain cases.

Case Notes

Cited: Thornton v. Smith, 88 Ark. 543, 115 S.W. 677 (1909).

22-6-106. Issuance of deed on proof of payment.

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

History. Acts 1885, No. 10, § 1, p. 10; C. & M. Dig., § 6589; Pope's Dig., § 8620; A.S.A. 1947, § 10-523.

Publisher's Notes. As to construction of Acts 1885, No. 10, see Publisher's Notes to § 22-6-105.

22-6-107. Deeds to school lands sold prior to 1881.

The Commissioner of State Lands is authorized and empowered to execute, under his or her hand and official seal, a deed to purchasers or their assigns or legal representatives of sixteenth section or school lands, upon presentation to the Commissioner of State Lands of proper evidence of full payment for the lands, in all cases where the sale of the land occurred prior to the passage of “An act to provide for the sale of the sixteenth section in this State”, approved March 22, 1881.
The certificates and evidences of assignment mentioned in subsection (a) of this section, upon which deeds are so made, shall be filed in the Commissioner of State Lands' office. He or she shall keep a record of the deeds so made, from which he or she may issue duplicates upon sufficient proof of loss of, or errors in, the original deeds.
In all cases where sufficient proof is presented of the loss, destruction, or erroneous issue of any deeds made to any lands belonging to the state by any officer authorized so to do, when evidence exists in the Commissioner of State Lands' office of the proper issuance of the former deeds, it shall be the duty of the Commissioner of State Lands to issue duplicates or make new deeds, as the case may be, referring therein to the deeds previously issued.
The duplicates or new deeds shall have the like force and effect as the original deeds.

History. Acts 1885, No. 10, §§ 2, 5, p. 10; C. & M. Dig., §§ 6590, 6593; Pope's Dig., §§ 8621, 8627; A.S.A. 1947, §§ 10-525, 10-526.

Publisher's Notes. As to construction of Acts 1885, No. 10, see Publisher's Notes to § 22-6-105.

For prior laws relating to the execution of deeds to school lands, see Acts 1869 (Adj. Sess.), No. 93, §§ 10, 11, p. 190, and Acts 1875 (Adj. Sess.), No. 80, p. 155.

Case Notes

Duplicate Deeds.

The duplicate deed is not a present grant, but is a substitute for, and takes the place of, the original deed. Thornton v. Smith, 88 Ark. 543, 115 S.W. 677 (1909).

This section contemplates that the Commissioner of State Lands shall issue a duplicate deed of lands forfeited for taxes upon proper proof of loss of the original deed. Thornton v. Smith, 88 Ark. 543, 115 S.W. 677 (1909).

22-6-108. Seal of Commissioner of State Lands sufficient verification.

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.

History. Acts 1885, No. 10, § 6, p. 10; C. & M. Dig., § 6594; Pope's Dig., § 8628; A.S.A. 1947, § 10-527.

Publisher's Notes. As to construction of Acts 1885, No. 10, see Publisher's Notes to § 22-6-105.

Meaning of “this act”. Acts 1885, No. 10, codified as §§ 22-6-105 — 22-6-108.

Case Notes

Unrecorded Deed.

22-6-109. Cancellation of deed upon dishonor of check.

The Commissioner of State Lands is empowered and authorized to cancel, set aside, and hold for naught any redemption or sale deed issued by him or her for any state-owned land in any instance where a personal check tendered to and accepted by him or her in payment of the redemption or purchase price thereof is not paid upon presentation to the bank upon which it is drawn.
Upon failure of payment, the Commissioner of State Lands may issue a cancellation deed cancelling and setting aside the redemption or sale deed and shall file the cancellation deed for record in the county in which the lands are located and pay the expense incident thereto from the maintenance fund of the office of the Commissioner of State Lands.

History. Acts 1941, No. 35, §§ 1, 2; A.S.A. 1947, §§ 10-504, 10-505.

Case Notes

Bona Fide Purchasers.

Party claiming bona fide purchaser status is not obliged to make inquiry into the circumstances surrounding the legal legitimacy of a cancellation deed or redemption deed issued by the Arkansas Land Commissioner. Bill's Printing, Inc. v. Carder, 357 Ark. 242, 161 S.W.3d 803 (2004).

22-6-110. Confirmation of sales of lands paid for with levee bonds.

All sales of lands formerly owned by the State of Arkansas conducted pursuant to the decrees of the Pulaski County Chancery Court in favor of the State of Arkansas, condemning the lands for sale to pay the unpaid purchase price thereof, which sales were held and conducted by the commissioner of the court in substantial conformity to the decrees, were reported to and were approved and confirmed by the court, and were made for a price payable in Arkansas levee bonds to May 1, 1878, are ratified and confirmed and made valid as if the lands had been paid for in valid funds.
When the owner and occupant of any of the lands shall present to the Commissioner of State Lands a duly certified copy of the proceedings of the court affecting the lands claimed by him or her and showing that the land was sold prior to May 1, 1878, and paid for in Arkansas levee bonds and that the sale was approved and confirmed by the court, and when the owner shall file a petition with the Commissioner of State Lands setting forth the evidence of his or her title, showing title derived by him or her from the purchaser at the sale so held under decree of the court prior to May 1, 1878, and showing that the claimant and those under whom he or she claims title have continuously paid taxes on the lands for at least seven (7) years immediately preceding the filing of the petition, it shall be the duty of the Commissioner of State Lands to execute to the record owner a deed in the name of the State of Arkansas, quieting all the right, title, and claim of the State of Arkansas in the land claimed and held by each owner.

History. Acts 1919, No. 226, §§ 1, 2; C. & M. Dig., § 6785; Pope's Dig., § 8710; A.S.A. 1947, §§ 10-528, 10-529.

Case Notes

In General.

This section is valid and vests title to land where payment was void because of payment in levee bonds. Matthews v. Williamson, 143 Ark. 281, 220 S.W. 58 (1920).

Quieting Title.

Where a payment of the purchase money of the state's land was void because made in levee bonds, the purchaser's grantee was entitled to have her title quieted. Matthews v. Williamson, 143 Ark. 281, 220 S.W. 58 (1920).

State's Lien.

Even though a payment for state land in levee bonds was not a valid payment, this fact did not preclude the vesting of title in the purchaser, the state having a lien on the land for the purchase money. Matthews v. Williamson, 143 Ark. 281, 220 S.W. 58 (1920).

22-6-111. Price of swamp, internal improvement, seminary, saline, or school lands — Exemptions.

1. No swamp, internal improvement, seminary, or saline lands shall be sold for less than two dollars and fifty cents ($2.50) per acre, and no state school land shall be sold for less than two dollars and fifty cents ($2.50) per acre nor for less than the market value ascertained by appraisement.
2. When any lands or interest therein may be recovered by the state by litigation, the lands or interest shall be ordered sold by the court as in sales of land upon decree in equity.
3. After paying expenses, the balance of the purchase money shall be deposited into the State Treasury, as provided in §§ 6-20-202 and 6-20-203.
Nothing in this section shall be construed to prevent the donation of state lands as provided by law.
Nothing in this section or §§ 22-6-301 — 22-6-304 shall prevent the Commissioner of State Lands from accepting outstanding refunding certificates issued by the state for lands previously sold in payment for state lands.
Nothing in this section or §§ 22-6-301 — 22-6-304 shall affect the sale of any state lands where written application was filed with the Commissioner of State Lands prior to February 1, 1919.
Nothing in this section or §§ 22-6-301 — 22-6-304 shall affect the law in regard to the sale by the state of tax-forfeited lands.

History. Acts 1919, No. 344, § 1; C. & M. Dig., § 9009; Acts 1921, No. 350, § 1; Pope's Dig., § 8626; A.S.A. 1947, § 10-502.

Publisher's Notes. Acts 1919, No. 344, § 7, provided that nothing in that act would be construed to prevent the redemption of lands and town and city lots under §§ 26-37-310 and 26-37-311 or subsequent laws.

Case Notes

Applicability.

This section has no application to islands formed in navigable rivers. Wilson v. Guthrie, 155 Ark. 315, 244 S.W. 338 (1922).

This section relates to “state school land” and not to acquisition and sale of land by a “school district.” Jewel v. Shiloh Cem. Ass'n, 224 Ark. 324, 273 S.W.2d 19 (1954).

22-6-112. Preference to war veterans in sale of agricultural land.

In the disposition of state-owned tracts of lands suitable for agriculture, the Commissioner of State Lands shall give first preference, where they are qualified as farmers, to war veterans who have been bona fide citizens of this state for five (5) years or more, who have been in active military service in time of war for ninety (90) days or more, and who have been discharged or relieved therefrom under conditions other than dishonorable.

History. Acts 1945, No. 292, § 1; A.S.A. 1947, § 10-501.

22-6-113. State's retention of mineral interest — Exemption.

Irrespective of any other law on the subject, in any conveyance of title to lands owned by the State of Arkansas, except as provided in subsection (b) of this section, the state shall retain ownership of not less than one-half (½) interest in and to all the oil, gas, and other minerals therein or thereunder.
The provisions of this section shall not affect the provisions of law governing the sale of tax-forfeited lands by the State of Arkansas.

History. Acts 1959, No. 305, §§ 1, 2; A.S.A. 1947, §§ 10-532, 10-533.

22-6-114. [Repealed.]

Publisher's Notes. This section, concerning the list of lands sold furnished to county clerks, was repealed by Acts 2013, No. 1463, § 4. The section was derived from Acts 1887, No. 90, § 1, p. 140; C. & M. Dig., §§ 6587, 9925; Pope's Dig., §§ 8618, 13692; A.S.A. 1947, § 10-530.

22-6-115. Prohibited acts of county officials affecting title.

No county clerk, county assessor, sheriff, or other county official shall file or prepare and issue any type of deed, mortgage, lease, or other legal document, nor shall he or she extend and assess any taxes on state or political subdivision lands for any type of taxes, nor shall he or she include any such lands on any delinquent list, without first notifying the state or the department owning the lands by registered letter, return receipt requested, sixty (60) days prior to taking such action, setting forth the proposed action to be taken and including a complete legal description of the lands.
Any action taken without complying with the requirements of this section shall be declared null, void, and invalid, as against the state or political subdivision thereof, in any court having jurisdiction of the cause.

History. Acts 1971, No. 727, §§ 1, 3; A.S.A. 1947, §§ 10-534, 10-535.

22-6-116. Certificates by county collectors correcting or cancelling original certificates.

When any county collector shall determine that the original certification to the Commissioner of State Lands of any lands, or town or city lots, should be cancelled, corrected, or in any way changed, said official shall issue a certificate to the Commissioner of State Lands. Such certificate shall contain the legal description of the property, state the change, and state the appropriate manner in which to make such change.
Upon receipt of any cancellation or correction certificate, the Commissioner of State Lands shall determine whether the certificate offers sufficient evidence to warrant cancellation or correction of the certification of any real property. If the Commissioner of State Lands determines that cancellation or correction is warranted, the Commissioner of State Lands shall approve the cancellation or correction certificate, amend the records of the Commissioner of State Lands, forward the certificate to the county collector, and the certificate shall be filed with the recorder of the county and properly recorded in the deed records. A recorded copy of such certificate shall be transmitted to any other county officials upon whose records the parcel is recorded.
Whenever a cancellation or correction certificate has been recorded in the records of the Commissioner of State Lands, the Commissioner of State Lands shall issue a cancellation or correction deed on property which has been redeemed, sold, or otherwise disposed of as tax-forfeited land. The Commissioner of State Lands shall forward the deed to be filed in the county where the property is located.
No recording fee shall be charged by or against the recorder on any cancellation or correction certificate or on any cancellation or correction deed issued by the Commissioner of State Lands.
When any county assessor shall determine that the information on tax-delinquent parcels is erroneous, whether by legal description, name of record owner, double assessment, or other cause, the assessor shall inform the county collector of such change, and the county collector shall forward a cancellation or correction certificate to the Commissioner of State Lands as specified in subsection (a) of this section.
Should information contained in the records of the Commissioner of State Lands be found to be erroneous, whether by legal description, name of record owner, or other cause, the Commissioner of State Lands may, at his or her discretion, waive all or part of penalties and interests applied thereon as a result of the inaccuracies.

History. Acts 1943, No. 206, §§ 1-3; A.S.A. 1947, §§ 10-517 — 10-519; Acts 1989, No. 538, § 1; 1991, No. 807, § 1.

Research References

Ark. L. Rev.

Tax Forfeiture Problems in the Examination of Abstracts, 12 Ark. L. Rev. 333.

22-6-117. Report to Legislative Council — Definition.

For purposes of this section and § 22-6-118, “quarter” means:
1. January 1 through March 31 of each year;
2. April 1 through June 30 of each year;
3. July 1 through September 30 of each year; and
4. October 1 through December 31 of each year.
When any agency of this state or agent of this state conveys any interest in real property or natural resources owned by this state, the agent or agency shall report the conveyance to the Legislative Council no later than thirty (30) days after the end of the quarter during which the conveyance occurred.
The report of conveyance shall include:
1. The parties to the conveyance;
2. The date of the conveyance;
3. The location of the property conveyed;
4. The compensation received by the state for the conveyance;
5. Changes in the lease agreement if the conveyance is a lease; and
6. Any other information requested by the Legislative Council.

History. Acts 1997, No. 1315, § 1.

22-6-118. Exemptions from § 22-6-117 requirement.

The provisions of this section and § 22-6-117 shall not apply to the following:

Conveyance by the state of tax-delinquent property;
Leases of state property of a duration of one (1) year or less;
Leases of state property to state employees for housing;
Conveyances of state property by one (1) state agency to another state agency; and
Easements or any lesser estate in land granted by any state agency.

History. Acts 1997, No. 1315, § 2.

22-6-119. Custody of records.

Books, accounts, records, papers, maps, and documents relating to the functions and powers of the Commissioner of State Lands, including the records and documents used by the historical predecessors of the Commissioner of State Lands, are the property of the state and shall remain in the custody of the Commissioner of State Lands.
1. Except for a temporary loan or temporary measures to preserve, protect, or display a deed, map, document, survey, or other record of the Commissioner of State Lands, the deed, map, document, survey, or other record shall not be removed by any person from the office of the Commissioner of State Lands.
2. 1. Upon request by an interested party, the Commissioner of State Lands shall deliver to the interested party a certified copy of a document or record described in subdivision (b)(1) of this section.
  2. The certified copy shall be treated the same as an original document.
This section does not apply to a document or record:
1. That has been conveyed, transferred, or bestowed by the state in the normal course of business or another lawful disposition; or
2. In which the state no longer has an interest.

History. Acts 2013, No. 553, § 1.

22-6-120. Adopt a Document Program.

The Adopt a Document Program is established to be administered by the Commissioner of State Lands.
1. The Commissioner of State Lands may:
  1. Obtain funding from private donations and charities to protect documents in his or her custody; and
  2. Sell duplicates or copies of maps, plats, and other documents in his or her possession or in the possession of a state agency.
2. The donations, proceeds of sales under subdivision (b)(1)(B) of this section, and other funds of the Commissioner of State Lands shall be deposited into a cash fund account and used to preserve and protect documents, maps, field notes, and survey records in his or her possession.
For the sole purpose of managing the Adopt a Document Program, the Commissioner of State Lands is considered an eligible charitable organization under 26 U.S.C. § 501(c)(3) for the purpose of preserving historic maps and documents under the custody of the Commissioner of State Lands.

History. Acts 2013, No. 553, § 1.

Subchapter 2 — Islands

Effective Dates. Acts 1933, No. 25, § 4: approved Feb. 9, 1933. Emergency clause provided: “Because of the fact that considerable confusion exists as to the rights of the state which may be lost or destroyed unless immediately asserted, and this act being necessary for the immediate promotion of the public health, peace and safety, an emergency is hereby declared, and this act shall take effect and be in force immediately after its passage.”

Acts 1959, No. 452, § 5: Mar. 30, 1959. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that the failure of existing law to require competitive bidding for the class of lands contemplated herein has resulted in a serious loss of revenue to the state and is discriminatory as between buyers of various classes of state lands; that there is urgent need to secure additional revenue and prevent further discrimination as aforesaid; and that enactment of this bill will provide the needed remedy. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Case Notes

Pleading.

In suit to cancel deed to island land, complaint alleging failure to comply with former law that provided that lands should not be sold unless accessible to agriculture or above the high water mark was held to state a cause of action. State v. Guthrie, 203 Ark. 60, 156 S.W.2d 210 (1941) (decision under prior law).

Complaint in suit to cancel State Land Commissioner's deed to island land should contain an offer to restore to the purchaser amount of purchase price and taxes paid on such land. State v. Guthrie, 203 Ark. 60, 156 S.W.2d 210 (1941) (decision under prior law).

Selection of Law.

Though plaintiffs claimed that an island in a navigable stream was an accretion to their lands situtated on the mainland, there was no inconsistency in their attempting to acquire title under law that established procedure for making claims to islands. Underdown v. Desha, 142 Ark. 258, 219 S.W. 19 (1920) (decision under prior law).

Specific Performance.

Suit to compel Commissioner to make and deliver deed to lands which plaintiff had applied to purchase is not a suit for specific performance. Reed v. Wilson, 163 Ark. 520, 260 S.W. 438 (1924) (decision under prior law).

Standing.

Squatter on an island in the Mississippi River was without right to question title of the State of Arkansas or her grantee because he was without vestige of title in himself from any source. Conway v. Shuck, 203 Ark. 559, 157 S.W.2d 777 (1942) (decision under prior law).

Cited: United States Gypsum Co. v. Uhlhorn, 232 F. Supp. 994 (E.D. Ark. 1964).

Research References

Am. Jur. 78 Am. Jur. 2d, Waters, § 352 et seq.

Ark. L. Rev.

Lex Aquae Arkansas, 27 Ark. L. Rev. 429.

C.J.S. 65 C.J.S., Navig. Waters, § 138 et seq.

22-6-201. Purpose.

It is the primary purpose and intent of this subchapter that when islands are formed in navigable waters of this state, title to the islands should be retained in the state if the island is appropriate for use by any state agency or may become appropriate for any use by the state and that the islands should be sold by the state only when it is determined that they have no present or future use to the state.
It is not the purpose of this subchapter to require any state agency to accept the responsibility and duty for the operation, management, or development of any island but only that appropriate state agencies, as determined by the Commissioner of State Lands, shall have an opportunity to assume control over the islands.
It is also the intent of this subchapter that when any state agency accepts the duties and responsibility of operating, managing, or developing any island, the agency shall have the authority to permit and regulate activities upon the lands, including the cutting of timber. The agency may use or permit the use of the lands for such purposes as it shall deem appropriate.
It is further the intent of this subchapter to establish the policy that all submerged lands following the navigable waterways of this state shall remain in the state domain. “Submerged lands” shall be those lands found at and below the line of ordinary highwater and shall include, but not be limited to, the beds, channels, chutes, and adjoining areas of rivers, lakes, and streams.

History. Acts 1971, No. 148, § 4; A.S.A. 1947, § 10-613; Acts 1991, No. 807, § 2.

Case Notes

Adverse Possession.

Hunting and fishing club did not consent to submerging its accreted island, and the state did acquire title to the island by adverse possession for the public trust and the public's use; an artificial high water mark had been established, and the submerged island had become part of the river bed and thus the property of the state. State v. Hatchie Coon Hunting & Fishing Club, Inc., 372 Ark. 547, 279 S.W.3d 56 (2008).

22-6-202. Title and administration of islands and submerged lands.

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.
The Commissioner of State Lands may lease, grant, or sell islands or submerged lands and may promulgate rules to implement this section.
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.
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. 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:
  1. Remove the structure or debris; and
  2. 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:
  1. Reimburse the state or local government for the costs of removal; and
  2. Pay the state or local government its court costs and reasonable attorney's fees.

History. Acts 1959, No. 452, §§ 1, 4; A.S.A. 1947, §§ 10-601, 10-603; Acts 1991, No. 807, § 2; 2013, No. 552, § 1.

Amendments. The 2013 amendment rewrote the section catchline and the section.

Case Notes

Construction.

This section construed to apply to islands formed in navigable streams not within boundary lines of former owners so as not to repeal § 22-5-403 by implication. Ward v. Harwood, 239 Ark. 71, 387 S.W.2d 318 (1965).

Applicability.

Sale of islands in navigable rivers was governed by former similar provision. Wilson v. Guthrie, 155 Ark. 315, 244 S.W. 338 (1922) (decision under prior law).

This section had only prospective application and did not affect application for an island filed under prior law. United States Gypsum Co. v. Uhlhorn, 232 F. Supp. 994 (E.D. Ark. 1964), aff'd, 366 F.2d 211 (8th Cir. 1966), cert. denied, 385 U.S. 1026, 87 S. Ct. 753, 17 L. Ed. 2d 674 (1967).

Determination by Commissioner.

The Commissioner's decision that the land which petitioner sought to buy was not an island could not be corrected or controlled by mandamus. Lewis v. Owen, 146 Ark. 469, 225 S.W. 648 (1920) (decision under prior law).

Evidence supported Commissioner's determination that land was an island belonging to state and was subject to sale and conveyance by Commissioner of State lands. Conway v. Shuck, 203 Ark. 559, 157 S.W.2d 777 (1942) (decision under prior law).

Power to Sell.

If evidence showed that island land at the time deeded was not accessible to agriculture or was below the mean high water mark of the river, then state had no power to sell and deed by Commissioner of State Lands would be void. State v. Guthrie, 203 Ark. 60, 156 S.W.2d 210 (1941) (decision under prior law).

Special Acts.

While the Constitution provides that a special law cannot be enacted where a general law can be made applicable, the necessity for a special law is within the discretion of the legislature; consequently, Special Act 1919, No. 85, authorizing conveyance of an island to a named individual, could not be attacked as an attempt to supplant former general act governing disposition of islands. Ferguson v. Hudson, 143 Ark. 187, 220 S.W. 306 (1920) (decision under prior law).

Where plaintiff purchased from riparian owners land claimed to be accretions, defendants who did not trace their title from any riparian owner could not assail special act as being an attempt of the state to dispose of accretion lands, title to which was necessarily in riparian owners. Ferguson v. Hudson, 143 Ark. 187, 220 S.W. 306 (1920) (decision under prior law).

Submerged Land.

Even if the land had caved into the river, gift of land from state to levee district covered such title as would ripen into being when the land emerged from its subsidence in the river. Smith v. Turner, 202 Ark. 253, 150 S.W.2d 29 (1941) (decision under prior law).

Cited: United States Gypsum Co. v. Greif Bros. Cooperage Corp., 389 F.2d 252 (8th Cir. 1968).

22-6-203. Disposition.

The Commissioner of State Lands shall receive requests for conveyance of title to an island previously formed in the navigable waters of this state and not previously disposed of in the manner provided by law.
1. The Commissioner of State Lands shall inquire into the terrain and other physical attributes of the island for the purpose of determining which state agency, if any, would be most appropriate for operating, managing, and developing the island.
2. Upon making the determination, the Commissioner of State Lands shall notify the agency which it finds to be most appropriate to operate and manage the island and shall determine whether that agency is willing to accept the authority and responsibility for operating and managing the island.
3. If that agency is willing to accept the authority and responsibility of operating and managing the island, the Commissioner of State Lands shall hold the state title to the island, and the authority and duty to operate and manage the island shall be vested in the agency.
4. If the agency so notified does not desire to accept the responsibility and duty to operate and manage the island, it shall notify the Commissioner of State Lands who shall give the state agency which it deems next most appropriate the option of accepting the authority and responsibility of operating and managing the island.
1. When an agency agrees to accept the authority and responsibility of operating and managing an island, the agency shall cause the island to be accurately surveyed, compile field notes, and plat the lands in reference to the adjacent lands by the extension of township, range, and section lines, and the agency shall pay the cost of the survey.
2. Upon completion of the survey, a copy shall be filed with the Commissioner of State Lands. Upon payment of one dollar ($1.00) consideration to the Commissioner of State Lands by the agency desiring to accept the authority and responsibility of operating and managing the island, the authority and responsibility shall vest with the agency, and title shall be in the name of the State of Arkansas and held by the Commissioner of State Lands.
If the Commissioner of State Lands finds that an island is not appropriate for operation, management, or use by any appropriate state agency and if no state agency is desirous of accepting the responsibility and duty of managing and operating the island, the Commissioner of State Lands may, at his or her discretion and if the Commissioner of State Lands determines that the best interest of the state is being served, retain title to the island in the name of the state, or, alternatively, the Commissioner of State Lands may sell the island in a manner prescribed by subsection (e) of this section.
1. Whenever the Commissioner of State Lands finds that any island formed in the navigable waters of this state is not appropriate for use by any state agency and if no state agency is desirous of assuming the responsibility and duty of operating and managing the island, the Commissioner of State Lands may accept applications for purchase of the island.
2. When the application is filed with the Commissioner of State Lands, the Commissioner of State Lands shall cause the island to be accurately surveyed, compile field notes, and plat the lands in reference to the adjacent lands by the extension of township, range, and section lines.
3. Thereafter, the lands shall be appraised and treated in all respects and sold and conveyed by the state in a public manner and as prescribed by the Commissioner of State Lands.
4. The cost of the survey of any island made as required by this section shall be added to the purchase price of the island.

History. Acts 1971, No. 148, §§ 1-3; A.S.A. 1947, §§ 10-610 — 10-612; Acts 1991, No. 807, § 2.

Publisher's Notes. Acts 1971, No. 148, § 6, provided in part that the act did not repeal § 22-5-403.

Case Notes

After-Acquired Title.

One who had applied for the purchase of island lands prior to the commencement of litigation in which title to the lands could have been quieted could not assert title to the lands as an after-acquired title upon receiving the state's deed for the lands subsequent to the litigation. United States Gypsum Co. v. Greif Bros. Cooperage Corp., 389 F.2d 252 (8th Cir. 1968) (decision under prior law).

Authority of Commissioner.

Commissioner of State Lands who conveyed island land in navigable river for the state was acting as its agent and was required to comply with every provision of former similar provision. State v. Guthrie, 203 Ark. 60, 156 S.W.2d 210 (1941) (decision under prior law).

Evidence of Title.

In suit by purchaser of an island from the Commissioner to enjoin the adjacent riparian landowner from interfering with land, evidence held insufficient to establish adjacent riparian landowner's right to island either by accretion to his land or on ground that island formed within his original boundary. Wunderlich v. Cates, 213 Ark. 695, 212 S.W.2d 556 (1948) (decision under prior law).

Payment in Levee Bonds.

Even though a payment for state lands in levee bonds was not a valid payment, the title still vested in the purchaser, the state having a lien on the land for the purchase money. Matthews v. Williamson, 143 Ark. 281, 220 S.W. 58 (1920) (decision under prior law).

Though a payment of the purchase money of the state's lands was void because made in levee bonds, the purchaser's grantee was entitled to have her title quieted. Matthews v. Williamson, 143 Ark. 281, 220 S.W. 58 (1920) (decision under prior law).

Validity of Deed.

Where the Commissioner finds that the island did not form in a navigable stream by accretion and sells the land, the deed is prima facie good until fraud is shown. Wunderlich v. Cates, 213 Ark. 695, 212 S.W.2d 556 (1948) (decision under prior law).

In action to quiet title to island, party standing in the position of a third person could not make a collateral attack on deed from state to an individual. United States Gypsum Co. v. Uhlhorn, 232 F. Supp. 994 (E.D. Ark. 1964), aff'd, 366 F.2d 211 (8th Cir. 1966), cert. denied, 385 U.S. 1026, 87 S. Ct. 753, 17 L. Ed. 2d 674 (1967).

Vested Right.

Where predecessor in title filed application to acquire island under law in effect prior to enactment of former similar section, he had a vested right to acquire the island which repeal of old law and enactment of new could not affect. United States Gypsum Co. v. Uhlhorn, 232 F. Supp. 994 (E.D. Ark. 1964), aff'd, 366 F.2d 211 (8th Cir. 1966), cert. denied, 385 U.S. 1026, 87 S. Ct. 753, 17 L. Ed. 2d 674 (1967) (decision under prior law).

22-6-204. Confirmation of prior sales.

All sales made by the Commissioner of State Lands pursuant to this subchapter prior to July 1, 1991, are confirmed, and the title of all purchases under the deeds from the Commissioner of State Lands are quieted, established, and confirmed.
The area described in any of the deeds as being conveyed shall extend only to the line of ordinary highwater and shall not extend to the bed or channels of the chutes or adjoining area which lies below the line of ordinary highwater, the title to which formations below the line of ordinary highwater is reserved in the State of Arkansas.

History. Acts 1933, No. 25, § 3; A.S.A. 1947, § 10-609; Acts 1991, No. 807, § 2.

Publisher's Notes. Acts 1933, No. 25, § 2, provided that the title to any island sold under the provisions of Acts 1917, No. 282 [repealed], would extend down to, but not below, the highwater line.

22-6-205. Objects of antiquity on submerged lands property of state — Exceptions — Definition.

As used in this section, “object of antiquity” includes without limitation property lost or abandoned for twenty-five (25) years or more.
An object of antiquity found in the submerged lands of the state and not claimed by the federal 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.
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.
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.

History. Acts 2013, No. 552, § 2.

Subchapter 3 — School Lands

Effective Dates. Acts 1885, No. 103, § 19: effective on passage.

Acts 1919, No. 344, § 8: effective on passage. Emergency declared. Approved Mar. 22, 1919.

Research References

Am. Jur. 63C Am. Jur. 2d, Pub. Lands, §§ 60, 62, 63.

C.J.S. 73B C.J.S., Pub. Lands, § 124 et seq.

22-6-301. Sale by county court on application.

It shall be lawful for the county court of any county in which any permanent school lands and lots, as defined in § 22-6-111, are situated to order the lands or lots sold at public auction by the sheriff, in legal subdivisions, upon the application of any person who may desire to purchase the lands or lots and who will deposit with the clerk of the court a sum sufficient to pay the costs of the appraisement, the estimate of the timber thereof, if any, and its commercial value, the survey thereof if one is necessary, and the advertisement and other costs of sale.
The applicant shall also file a written guaranty that he or she will bid at the sale at least two dollars and fifty cents ($2.50) per acre if the acreage is land and the full appraised value if the acreage is in lots.
The applicant shall not, by reason of his or her application and deposit, acquire any preference right to purchase the land or lots at the sale, but when the sale of the land or lots is approved, the deposit so made shall be repaid out of the purchase price whether the applicant is the purchaser or not, except that if the lands should not be sold because of the failure of the applicant to make and complete his or her guaranty bid, the deposit made by him or her for the cost of sale shall be forfeited and not repaid.

History. Acts 1919, No. 344, § 2; C. & M. Dig., § 9104; Pope's Dig., §§ 8760, 11740; A.S.A. 1947, § 10-701.

Cross References. Sale to federal government, § 22-7-101 et seq.

Case Notes

Applicability.

This section relates to “state school land” and not to acquisition and sale of land by a “school district.” Jewel v. Shiloh Cem. Ass'n, 224 Ark. 324, 273 S.W.2d 19 (1954).

Confirmation of Sale.

Filing of a petition to sell school lands gives the county court jurisdiction to sell the lands, and a confirmation of sale is conclusive on collateral attack as to whether the statutory requirements have been observed unless the contrary appears in the judgment itself. State ex rel. Attorney Gen. v. Wilson, 181 Ark. 683, 27 S.W.2d 106 (1930).

Finding of Market Value.

A recital in a judgment concerning a sale of school lands that the price received was not less than the market value was a sufficient finding that the price received was the market value as shown by the appraisement. State ex rel. Attorney Gen. v. Wilson, 181 Ark. 683, 27 S.W.2d 106 (1930).

Right to Sell.

A statute passed by a state disposing of lands conveyed in the Enabling Act by the United States to be used by the state for school purposes does not impair the obligation of the contract, and the state has a right to subject the lands in its hands to the ordinary incidents of title. Brooks v. Wilson, 165 Ark. 477, 265 S.W. 53 (1924).

22-6-302. Appraisers.

The county court shall appoint three (3) disinterested householders of the county who are familiar with real estate values to view and appraise the lands and lots and cause the timber, if any on the land, to be estimated.
Each appraiser shall take an oath, which shall be filed in the court, that he or she does not desire or intend to buy the land or lots or any part thereof and that he or she will not directly or indirectly be or become interested in the purchase thereof at the sale to be made by the sheriff.
Each appraiser shall receive for his or her services the sum of one dollar and fifty cents ($1.50) for each day he or she is engaged in such service.

History. Acts 1919, No. 344, § 3; C. & M. Dig., § 9106; Pope's Dig., §§ 8762, 11742; A.S.A. 1947, § 10-703.

Publisher's Notes. This section, insofar as it relates to the appointment of appraisers, may be superseded by § 22-5-306.

As to redemption of certain land, see § 22-6-301.

Case Notes

Noncompliance.

Failure of the appraisers to take and file the oath required by this section and to file their appraisement was cured by the confirmation of the sale of school lands. State ex rel. Attorney Gen. v. Wilson, 181 Ark. 683, 27 S.W.2d 106 (1930).

22-6-303. Notice of sale — Terms.

The sheriff shall give notice by publication in some newspaper published in the county where the land is situated, at least four (4) weeks before the day of sale, that he or she will sell the land or lots at the courthouse door.
Upon the day of the sale, the sheriff shall offer the lands or lots at public auction in separate legal subdivisions, if land, and by separate lots, if town lots.
The sale shall be between the hours of 10:00 a.m. and 3:00 p.m. but may be continued from day to day, at the county courthouse door and between the same hours, until all has been sold or offered.
All sales shall be for cash.
If any bidder shall fail to perfect his or her bid by paying the cash, the sheriff shall resell the land, and the bidder shall be responsible for the difference between his or her bid and the price for which the land sold, which may be recovered from him or her in an action for the use and benefit of the permanent school fund.
If any tract of land or lot is not sold, it may be offered again as provided in this section until sold without a new application.

History. Acts 1919, No. 344, § 4; C. & M. Dig., § 9107; Pope's Dig., §§ 8763, 11743; A.S.A. 1947, § 10-704.

Publisher's Notes. As to redemption of certain land, see § 22-6-301.

Case Notes

Cited: State ex rel. Attorney Gen. v. Wilson, 181 Ark. 683, 27 S.W.2d 106 (1930).

22-6-304. Rejection or confirmation — Disposition of purchase money — Deed by Commissioner of State Lands.

The sheriff shall report without delay all sales to the county court, which may reject or confirm the sale.
If any sale is rejected, the county court may direct the sheriff to again advertise and offer the land or lots for sale.
If the sale is confirmed by the court, the sheriff shall execute and deliver to the purchaser a certificate showing that he or she has purchased the land and the price paid for the land.
1. Out of the purchase price, the sheriff shall pay the cost of the sale, retaining for his or her services two percent (2%) of the gross amount received by him or her for the sale of the land, and immediately transmit the balance of the purchase price to the county treasurer of the county for and on account of the school districts located in the township in which the land is located and to be distributed to the districts in the proportion that the territory of each district within the township bears to the total territory of the township.
2. The school districts shall use the funds for any school purposes, including construction of buildings and retirement of bonds.
1. Upon presentation of the certificate of purchase to the Commissioner of State Lands, the purchaser of the lands or lots, as the case may be, and his or her heirs or assigns, shall be entitled to a deed from the Commissioner of State Lands for the land or lots described in the certificate, and the Commissioner of State Lands is authorized to make conveyance of any land or lots sold under and by virtue of this subchapter.
2. The Commissioner of State Lands shall keep a full and complete record of all such sales and of the deeds so issued and shall keep as correct records of sales as the reports made to him or her may enable him or her to do.

History. Acts 1885, No. 103, §§ 8, 18, p. 162; 1919, No. 344, § 5; C. & M. Dig., §§ 9108, 9110, 9113; Pope's Dig., §§ 8764, 8766, 11744, 11746, 11749; Acts 1955, No. 58, § 1; A.S.A. 1947, §§ 10-705, 10-706, 10-709.

Publisher's Notes. As to redemption of certain land, see § 22-6-301.

Case Notes

Constitutionality.

This section is constitutional. Sloan v. Blytheville Special School Dist. No. 5, 169 Ark. 77, 273 S.W. 397 (1925).

Duty of Court.

Where a sale of 16th section land has been made at the request of a majority of the adult inhabitants of the congressional township in which it lies, the county court should investigate the facts as to the regularity of the advertising, appraisement, and sale, the fairness of the sale, and adequacy of the price, and then either confirm the sale or reject it and order a new sale. Williams v. State, 76 Ark. 290, 88 S.W. 980 (1905).

Judgment Conclusive.

While a sale of 16th section lands by the tax collector is not a judicial sale, after such sale has been confirmed by the county court, the sale is as conclusive against collateral attack as a judicial sale. Reeves v. Conger, 103 Ark. 446, 147 S.W. 438 (1912).

In ordering and confirming the sale of school land, the county court acts judicially and not ministerially, and where it has acquired jurisdiction, all who may claim an interest in the land are concluded by its judgment, valid on its face, unless they have assailed it by a direct proceeding in the action or by appeal. State ex rel. Attorney Gen. v. Wilson, 181 Ark. 683, 27 S.W.2d 106 (1930).

Power of State.

While the trust created by a compact between the United States and this state that 16th section lands should be used for school purposes is a sacred obligation imposed on the good faith of the state, the obligation is honorary, the legal title to such lands being vested in the state, whose power over the same is plenary and exclusive. Brooks v. Wilson, 165 Ark. 477, 265 S.W. 53 (1924).

22-6-305. Certification of purchase money — Penalty.

Each county clerk shall, immediately after each sale of any part of school lands and lots under this subchapter, certify to the Auditor of State the amount of moneys received by the sheriff on account of the sale, and the Auditor of State shall charge this amount to the sheriff.
Any neglect, failure, or refusal by any county clerk to perform any and all duties enjoined upon him or her by the provisions of this section shall be deemed a misdemeanor, and upon conviction, the clerk shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense and may be removed from office.

History. Acts 1885, No. 103, §§ 10, 11, p. 162; C. & M. Dig., §§ 9111, 9112; Pope's Dig., §§ 8767, 8768, 11747, 11748; A.S.A. 1947, §§ 10-707, 10-708.

22-6-306. Sale where no inhabitants in township.

Whenever there may be in the State of Arkansas any school lands or lots situated in any county in this state, and in a congressional township, or fraction thereof, where no inhabitants reside, any adult inhabitant of the county, by written petition properly verified by the affidavit of the petitioner together with the affidavits of three (3) other adult inhabitants of the county and setting forth that there are no inhabitants residing in the congressional township or fraction thereof situated in the county may require the collector of taxes or, if there is no collector, the sheriff of the county wherein the land is situated, to sell the land.
Sales of any lands under this section shall be made in the same manner as sales of other school lands or lots under this subchapter.

History. Acts 1919, No. 330, § 1; C. & M. Dig., § 9105; Pope's Dig., §§ 8761, 11741; A.S.A. 1947, § 10-702.

Publisher's Notes. As to redemption of certain land, see § 22-6-301.

Subchapter 4 — Swamp and Overflowed Lands

Cross References. Transfer of records of swamp and overflowed lands to Commissioner of State Lands, § 22-5-208.

Effective Dates. Acts 1855, p. 202, § 6: effective on passage.

Acts 1937, No. 128, § 7: effective on passage.

Research References

Am. Jur. 63C Am. Jur. 2d, Pub. Lands, § 59.

C.J.S. 73B C.J.S., Pub. Lands, § 185 et seq.

22-6-401. Authority to sell.

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

History. Acts 1937, No. 128, § 1; Pope's Dig., § 8750; A.S.A. 1947, § 10-801.

Cross References. Transfer of records of swamp and overflowed lands to Commissioner of State Lands, § 22-5-208.

Case Notes

Duplicate Certificates.

Where swamp land certificates were lost and duplicates were issued by the state officer, the presumption is that they were rightly issued. Belcher v. Harr, 94 Ark. 221, 126 S.W. 714 (1910) (decision under prior law).

Patent.

A patent for swamp land issued by the state is conclusive evidence of the legal title unless something to the contrary is shown. Belcher v. Harr, 94 Ark. 221, 126 S.W. 714 (1910) (decision under prior law).

22-6-402. Application — Determination — Bond — Appraisers.

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

History. Acts 1937, No. 128, §§ 2, 3; Pope's Dig., §§ 8751, 8752; A.S.A. 1947, §§ 10-802, 10-803.

Publisher's Notes. This section, insofar as it relates to the appointment of appraisers, may be superseded by § 22-5-306.

22-6-403. Conveyance.

When the report of the appraisers has been filed with the Commissioner of State Lands, he or she shall notify the applicant of the value of the land as fixed by the appraisers and, upon the applicant's paying into the State Treasury the value of the lands as determined by the report of the appraisers and presenting his or her receipt to the Commissioner of State Lands, the Commissioner of State Lands shall issue a patent conveying to the applicant all the right, title, interest, and claim which the State of Arkansas may have acquired in and to the lands by virtue of 9 Stat. 519, Ch. 84.
In no event shall any of the lands known as swamp and overflowed lands in this state be sold for less than two dollars and fifty cents ($2.50) per acre.
Should the applicant fail and neglect to pay into the State Treasury within a period of six (6) months from the date of the filing of the appraisers' report with the Commissioner of State Lands the amount necessary to purchase the lands, the Commissioner of State Lands may thereafter, for a period of three (3) years from the date of the filing of the appraisers' report, convey the land to any other person who may apply to purchase the land and pay into the State Treasury the price therefor as determined by the appraisers.
If the land is not sold within three (3) years after the date of the filing of the appraisers' report with the Commissioner of State Lands, it cannot thereafter be sold or conveyed to anyone by the Commissioner of State Lands until the land has been reappraised in like manner as provided by this subchapter.

History. Acts 1937, No. 128, § 4; Pope's Dig., § 8753; A.S.A. 1947, § 10-804.

22-6-404. Preemption rights.

Any person who, either in person or by and through his or her tenants, resides on or cultivates any of the swamp and overflowed lands which may have been confirmed to the state shall have a preemption right to the lands to be proved as provided in this section.
Should the person, firm, or corporation making an application to purchase the lands show by affidavit of at least three (3) reliable and disinterested persons that he or she, either in person or by and through his or her tenants, is in actual possession of the lands under color of title and that he or she and those under whom he or she claims title have been in the actual possession thereof for more than fifteen (15) years prior to the passage of this subchapter together with the certificate of the clerk of the county court showing that the lands described in the petition of the applicant have been regularly assessed on the tax books of the county in which they are located for more than twenty (20) years prior to the passage of this subchapter, and that the taxes so assessed have been paid by the applicant or those under whom he or she claims title, then the Commissioner of State Lands shall execute a deed or patent conveying to the applicant all the right, title, claim, and interest which the State of Arkansas may have acquired in and to the lands upon the applicant's paying into the State Treasury the sum of one dollar ($1.00) per acre for the lands described in his or her application, together with a fee of one dollar ($1.00) to the Commissioner of State Lands for the execution of the deed.

History. Acts 1937, No. 128, § 5; Pope's Dig., § 8754; A.S.A. 1947, § 10-805.

Publisher's Notes. In reference to the term “passage of this subchapter,” Acts 1937, No. 128, was signed by the Governor and became effective on February 24, 1937.

22-6-405. Conflicting claims.

When there are conflicting claims to swamp and overflowed lands, the Commissioner of State Lands may administer oaths and shall decide, upon proper notice to the parties and upon hearing testimony and statements under oath, to whom the patent certificate shall be issued in accordance with the law on the subject and shall issue the patent certificate accordingly.
Should the other party whose claim is not allowed desire a certificate for the Auditor of State, upon which to have the amount paid by him or her for the land refunded, the Commissioner of State Lands shall issue the necessary certificate to enable him or her to do so, upon his or her surrendering his or her original certificate to the Commissioner of State Lands.

History. Acts 1855, § 5, p. 202; C. & M. Dig., § 6765; Pope's Dig., § 8697; A.S.A. 1947, § 10-807.

22-6-406. Disposition of moneys.

All moneys paid into the State Treasury for the purchase of swamp and overflowed lands shall be appropriated by the General Assembly for purposes which shall not be inconsistent with the provisions of the terms of 9 Stat. 519, Ch. 84.

History. Acts 1937, No. 128, § 6; Pope's Dig., § 8755; A.S.A. 1947, § 10-806.

Cross References. Revenue stabilization and classification, § 19-5-101 et seq.

Subchapter 5 — Tax-Forfeited Lands

Preambles. Acts 1945, No. 266, contained a preamble which read:

“Whereas, under the provisions of Act 331 of the Acts of the General Assembly of the State of Arkansas, approved March 16, 1939, all coal, oil, gas and mineral rights were reserved to the State of Arkansas, in lands disposed of by the state between September 15, 1939, and February 24, 1943; and

“Whereas, Act 94 of the Acts of the General Assembly of the State of Arkansas, approved February 24, 1943, repealed said Act 331 of 1939, in so far as it affected coal, oil, gas and mineral rights, without making provision for the issuance of deeds by the Commissioner of State Lands to such coal, oil, gas and mineral rights so reserved, to the owners of such lands so conveyed with such reservations;

“Therefore….”

Effective Dates. Acts 1939, No. 156, § 2: approved Feb. 28, 1939. Emergency clause provided: “Because of the urgent needs of certain institutions for such lands adjoining their properties, for building, recreational, and other purposes, an emergency is hereby declared and this act shall be in force from and after its passage.”

Acts 1943, No. 94, § 4: approved Feb. 24, 1943. Emergency clause provided: “Because of the confusion created by the reservation to the state of the oil, gas and mineral rights of tax-forfeited lands and this act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage.”

Acts 1945, No. 266, § 3: approved Mar. 20, 1945. Emergency clause provided: “It is ascertained and determined that the titles of the owners of such lands so conveyed are clouded by reason of such reservations and that, therefore, an emergency exists, and this act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage.”

Acts 1959, No. 221, § 3: July 1, 1959.

Research References

Ark. L. Rev.

Tax Forfeiture Problems in the Examination of Abstracts, 12 Ark. L. Rev. 333.

22-6-501. Transfer to state institutions.

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

History. Acts 1939, No. 156, § 1; A.S.A. 1947, § 10-904; Acts 1991, No. 807, § 3; 2007, No. 1036, §§ 1, 2; 2019, No. 315, § 2369.

Publisher's Notes. In reference to the term “passage of this section”, Acts 1991, No. 807, was signed by the Governor on March 26, 1991, and became effective on July 15, 1991.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (f)(1).

22-6-502. Oil, gas, and mineral rights.

Where tax-forfeited lands are disposed of by the state by return to private ownership by sale or redemption, the oil, gas, and mineral rights shall be a part of the fee and shall be conveyed with it, and the deeds shall not contain any restrictive covenants or reservations relative to the oil, gas, and mineral rights.
Where tax-forfeited lands have previously been leased for oil and gas purposes and the lease is still in effect, a return of the lands to private ownership by sale or redemption shall not affect the validity of the existing lease, but at the expiration thereof, the oil, gas, and mineral rights of the lands shall attach and become a part of the fee and pass to the owner of the fee.
Oil, gas, and mineral rights in tax-forfeited lands which have been reserved in any deed from the state conveying the lands shall immediately pass to the present owners of the fee title to the lands. This provision shall not terminate any existing lease on such rights, but at the expiration of any existing lease, the rights shall pass to the owner of the fee.
When so requested by the owner of any lands conveyed under the provisions of §§ 22-5-206, 22-5-301 — 22-5-305 [repealed], 22-5-307, and 22-5-308 — 22-5-311 [repealed], in which the coal, oil, gas, and mineral rights were reserved to the State of Arkansas, the Commissioner of State Lands shall, upon the filing of an affidavit of ownership of the surface rights so sold and the payment of a deed fee of five dollars ($5.00), issue to the owner of the lands a deed quitclaiming all interest of the State of Arkansas in and to all the coal, oil, gas, and mineral rights reserved in the deeds in the proportion that the surface rights in the lands owned bear to the whole tract sold.

History. Acts 1943, No. 94, §§ 1, 2; 1945, No. 266, § 1; A.S.A. 1947, §§ 10-931 — 10-933.

Publisher's Notes. Section 22-5-305, referred to in this section, was repealed by Acts 2019, No. 884, § 5, and Acts 2019, No. 972, § 2.

22-6-503. Recording in county — Fees.

All deeds issued by the Commissioner of State Lands for lands, including city and town lots which have been certified for the nonpayment of taxes, shall be forwarded or delivered to the recorder of the county in which the lands, including city and town lots, are located, and the recorder shall record the deeds prior to their delivery to the purchaser or redeemer.
Fees for recording the deeds shall be paid by the purchaser or redeemer at the time of making application to purchase or redeem the lands.

History. Acts 1959, No. 221, § 1; A.S.A. 1947, § 10-942.

22-6-504. Refund when state's title fails.

The Arkansas State Claims Commission is authorized and empowered to make refunds of amounts received by the state for the purchase or redemption of tax-forfeited lands or of funds received by the state from the sale of islands when it has been determined by the commission that the State of Arkansas has no further right, title, interest, or claim in or to the land or islands.
No refund for more than one thousand dollars ($1,000) may be made under this section to any one (1) individual, firm, or corporation during any fiscal year.
One who claims a refund under this section shall furnish to the commission evidence which satisfies the commission that he or she is entitled to a refund and that the claimant has made diligent effort, where title failed by reason of a court proceeding, to require the plaintiff to pay all sums due the state at the time of sale by the state.
Any claimant for a refund of purchase money shall be chargeable with the value of any timber, stone, or mineral or other thing of value sold, destroyed, or removed from the lands or islands involved.
No refund shall be made under this section except the amount in excess of the sum legally due the state at the time of purchase or redemption.
Any taxes or sums in lieu thereof, paid by anyone since the sale to the state, shall not be included in the amount, if any, determined to be due the state.
The commission shall in each case determine the amount that should be refunded under the provisions of this section.
The Director of the Arkansas State Claims Commission is designated the disbursing officer for the purpose of carrying out the provisions of this section.

History. Acts 1965, No. 345, §§ 1-5; A.S.A. 1947, §§ 10-934 — 10-938.

Subchapter 6 — Lands of State Institutions

A.C.R.C. Notes. Acts 1997, No. 325, § 1, provided:

“Notwithstanding the provisions of Arkansas Code § 22-6-601, the Arkansas Soil and Water Conservation Commission is hereby authorized, if the Commission determines the property to be surplus, to convey to Betty Jean Hayes and Richard V. Powell as the heir of Richard Vernon Powell, for a price not less than six hundred and fifty dollars ($650.00) per acre plus interest at six percent (6%) compounded semi-annually from March 12, 1981, land formerly owned by Mr. Powell in White County, Arkansas more particularly described as:

“The SE¼ NW¼, the S¼ NE¼ NW¼, the W½ S¼ NW¼ NE¼, the SW¼ NE¼, the N½ NW½ SE¼, the E¾ S½ NW¼ SE¼, E¾ SE¼, and the N¼ NE¼ SE¼, all in Section 16, Township 6 North, Range 9 West, in White County, Arkansas, containing one hundred and seventy (170) acres, more or less, subject to reservations, easements and restrictions of record.”

Effective Dates. Acts 1931, No. 199, § 2: effective on passage.

Acts 1937, No. 317, § 3: effective on passage.

Acts 1987, No. 982, § 3: Apr. 14, 1987. Emergency clause provided: “It is hereby found and declared that the confusion that now exists on a large scale concerning the handling of the Sale of Land, to the detriment of the taxing agencies and the public; that the clarification made by this act is immediately needed to eliminate said confusion and any resulting harmful effects on the public peace, health, safety and welfare. By reason thereof, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1994 (2nd Ex. Sess.), No. 65, § 5: Aug. 26, 1994. Emergency clause provided: “It is hereby found and determined by the General Assembly that the procedures for the sale or other disposition of certain state-owned lands should not be applicable to the transfer of state lands to political subdivisions of the state; that this act so provides; and that this act should go into effect immediately in order to allow the state to transfer certain lands to political subdivisions as soon as possible. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

22-6-601. Sale procedure.

1. 1. 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.
  2. 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:
  1. The sale of land by the Commissioner of State Lands;
  2. The transfer of state lands to political subdivisions of the State of Arkansas;
  3. The transfer of state lands between state entities; or
  4. 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. State agencies may transfer lands in whole or in part to the Building Authority Division for the use of that 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 agency that transferred the land to the Building Authority Division is operated.
1. In the event that a state agency elects to sell certain of its lands or to purchase lands, the agency shall certify to the Building Authority Division its proposal for any sale or purchase.
2. 1. 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.
  2. The appraiser selected by the state agency, by education or experience, shall:
    1. Be capable of determining the value of lands, water and mineral rights, timber, and rural, agricultural, and noncultivatable lands;
    2. Understand legal descriptions of real properties;
    3. Have a working knowledge of county and state real property records; and
    4. 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.
  3. The appraiser shall be licensed and certified by the Arkansas Appraiser Licensing and Certification Board.
  4. 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. The Secretary of the Department of Transformation and Shared Services shall furnish to the Governor:
  1. The appraisal;
  2. The agency proposal to sell or purchase; and
  3. 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 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.
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.
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. 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. 1. 1. (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 agency director and the Secretary of the Department of Transformation and Shared Services that further solicitation of bids is unnecessary.
    2. If negotiations are unsuccessful, the agency may enter into negotiations with the next highest responsible bidder.
  2. 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.
  3. The Legislative Council shall review the sale of the land before the agency finalizes the sale.
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.
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.
1. Before any agency may receive donated land, the agency director shall certify the proposed donation request to the 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.
Before a state agency purchases real property, the state agency shall consult the Building and 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.

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

History. 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; 2015, No. 879, § 2; 2019, No. 910, §§ 3500, 3501, 6226-6234.

A.C.R.C. Notes. Acts 1987, No. 982, § 1, provided, in part, that if any agreement for the sale of any lands by the state or any of its institutions by the Board of Trustees has been made prior to this act, it will not be necessary for notice of publication, appraisal, or bidding of the lands to be made as mentioned; but in all events, the sale of the lands shall require the Governor's approval, and the title to the lands shall be vested in the grantee upon such approval, and payment shall be made to the Board of Trustees or such other state agent as may be authorized to receive payment for these conveyances.

Publisher's Notes. As to validation of land sales not in compliance with this section, see Acts 1959, No. 223.

Acts 1991, No. 786, § 37, provided:

“The enactment and adoption of this Act shall not repeal, expressly or impliedly, the acts passed at the regular session of the 78th General Assembly. All such acts shall have full effect and, so far as those acts intentionally vary from or conflict with any provision contained in this Act, those acts shall have the effect of subsequent acts and as amending or repealing the appropriate parts of the Arkansas Code of 1987.”

Amendments. The 1999 amendment, in (g)(1), substituted “a cashier's check” for “the bidder's check” and deleted “and certified by” following “drawn upon”; inserted “cashier's” in (g)(2) and (g)(4); substituted “Cashier's checks” for “Checks” in (g)(3); and made stylistic changes.

The 2001 amendment redesignated former (a)(1) as present (a)(1)(A) and inserted “the Department of Higher Education, and institutions of higher education,” and substituted “may sell” for “are each empowered from time to time to sell”; added (a)(1)(B); redesignated former (a)(2)(A) as present (a)(2)(A)-(B) and made related changes; added (a)(2)(C)-(D); in (b)(1), substituted “may transfer” for “are empowered to transfer,” and inserted “Arkansas”; in (c)(1), inserted “or to purchase lands,” and added “or purchase”; redesignated former (c)(2) as present (c)(2)(A)-(D); in (c)(2)(A), inserted “or purchase,” “or purchased,” and “Arkansas”; substituted “purchasing or selling” for “purchase” in (c)(2)(D); redesignated former (d)(1) as (d)(1)(A) and redesignated the remaining subsections accordingly; inserted “or purchase” in (d)(1)(A)(ii) and (d)(1)(B); substituted “director” for “Director of State Building Services” (d)(1)(B); redesignated former (h) as present (h)(1); added (h)(2) and (k); and made gender neutral changes and minor stylistic changes throughout.

The 2003 amendment, in (a)(1)(A), inserted “or purchase” and made minor punctuation changes; substituted “Director of the Arkansas Building Authority” for “director” in (a)(2)(D); in (h)(1), inserted “responsible” and deleted “such” preceding “sale”; added (h)(2)(A)(ii) and (h)(2)(A)(i) (b) ; in (h)(2)(A)(i) (a) , inserted “to the highest responsible bidder” and substituted “the Arkansas Building Authority” for “Arkansas State Building Services”; inserted present (h)(2)(B); and redesignated former (h)(2)(B) as present (h)(2)(C).

The 2015 amendment added (l).

The 2019 amendment in (a)(1)(A), substituted “Division of Higher Education” for “Department of Higher Education”, and inserted “divisions”; substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2)(D) and (d)(2); deleted “of the Department of Finance and Administration” following “Building Authority Division” in (b)(1); substituted “Building Authority Division” for “division” in (b)(2) (twice), (c)(1), (e)(1), (f), and (g)(4); substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (c)(2)(A), (d)(1), (h)(2)(A)(i) (a) , and (k)(2); substituted “Building Authority Division’s” for “division’s” in (d)(1)(C); and added “and the Secretary of the Department of Transformation and Shared Services” in (d)(2).

Case Notes

Agencies.

As used in this section, the word “institution” means state agencies such as the State Hospital, the State Penitentiary, the State Tuberculosis Sanatorium, and other agencies of a similar nature having charge of buildings and properties for carrying out the purposes for which the state operates such institutions. Harris v. Emmerling, 224 Ark. 40, 271 S.W.2d 618 (1954).

The Resources and Development Commission, which was created to promote and develop the state but which did not have the supervision of the affairs of any institution, did not have authority to sell land conveyed to the state for use of the commission. Harris v. Emmerling, 224 Ark. 40, 271 S.W.2d 618 (1954).

22-6-602. Reimbursement of counties for use of lands.

It is declared the policy of the State of Arkansas to reimburse, annually or biennially, the counties from which the State of Arkansas has acquired or may acquire title to, or use of, acreage farm lands aggregating more than one thousand (1,000) acres for the use of its penal farms or other state institutions in the proportion that the value of the acreage acquired or used bears to the total real value of the counties.
The benefit assessment on all of the state's acquired acreage shall be in favor of any and all improvement districts comprising the lands.

History. Acts 1937, No. 317, § 2; Pope's Dig., § 12806; A.S.A. 1947, § 7-106.

22-6-603. Donation of lands for highway uses.

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

History. Acts 1931, No. 199, § 1; Pope's Dig., § 8746; Acts 1945, No. 232, § 1; A.S.A. 1947, § 7-107.

Chapter 7 Federal Property In Arkansas

Subchapter 1 — General Provisions

Effective Dates. Acts 1903, No. 180, § 3: effective on passage.

Acts 1959, No. 256, § 5: Jan. 1, 1960.

22-7-101. Purchase of real property by United States — Limited cession of jurisdiction — Right to tax.

The State of Arkansas consents to the purchase by the United States of any site or ground for the erection of any armory, arsenal, fort, fortification, navy yard, customhouse, lighthouse, lock, dam, fish hatchery, or other public buildings of any kind.
The jurisdiction of this state within and over all grounds purchased by the United States within the limits of this state is ceded to the United States, except that this cession of jurisdiction shall not prevent execution of any process of this state, civil or criminal, upon any person who may be on these grounds.
This state releases and relinquishes its right to tax any site, grounds, or real estate, and all improvements which may be there or erected there during the time the United States remains the owner thereof.

History. Acts 1903, No. 180, §§ 1, 2, p. 346; C. & M. Dig., §§ 4564, 4565; Pope's Dig., §§ 5644, 5645; A.S.A. 1947, §§ 10-1101, 10-1102.

Case Notes

Military Reservations.

Personal property located within the Camp Pike Military Reservation was not subject to state tax law. Surplus Trading Co. v. Cook, 281 U.S. 647, 50 S. Ct. 455, 74 L. Ed. 1091 (1930).

Service on defendant soldier, a resident of Oklahoma, through Secretary of State in suit for damages arising out of automobile accident on military reservation highway in state is not valid since highway in military reservation is not a public highway of the state. Camden v. Harris, 109 F. Supp. 311 (W.D. Ark. 1953).

Other Public Buildings.

Buildings constructed by the federal government on its property to be used for the relocation of the Japanese were held within the term “other public buildings of any kind” as used in this section. Lynch v. Hammock, 204 Ark. 911, 165 S.W.2d 369 (1942).

Rights of School District.

The jurisdiction or legal rights of a school district for school purposes are not divested by the acquisition of the land by the United States. Harmony Grove School Dist. No. 1 v. Camden School Dist. No. 35, 227 Ark. 902, 302 S.W.2d 281 (1957).

22-7-102. Transfer of legislative jurisdiction over lands — Procedure.

1. In order to acquire all or any measure of legislative jurisdiction of the kind addressed in United States Constitution, Article I, Section 8, Clause 17, over any land or other area, or in order to relinquish that legislative jurisdiction or any measure thereof which may be vested in the United States, the United States, acting through a duly authorized department, agency, or officer shall file with the Governor a notice of intention to acquire or relinquish legislative jurisdiction, together with a sufficient number of duly authenticated copies thereof to meet the recording requirements of subsection (c) of this section.
2. The notice shall contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change in jurisdictional status is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred.
3. Immediately upon receipt of the notice, the Governor shall furnish the Attorney General with a copy and shall request his or her comments and recommendations thereon.
1. The Governor shall transmit the notice, together with his or her comments and recommendations, if any, and the comments and recommendations of the Attorney General, if any, to the next session of the General Assembly, which shall be constitutionally competent to consider the notice, comments, and recommendations.
2. Unless prior to the expiration of the legislative session to which the notice is transmitted the General Assembly has adopted an act approving the transfer of legislative jurisdiction as proposed in the notice, the transfer shall not be effective.
The Governor shall cause a duly authenticated copy of the notice and act to be recorded in the office of the recorder of the county where the land or other area affected by the transfer of jurisdiction is situated, and upon such recordation, the transfer of jurisdiction shall take effect.
The Governor shall cause copies of all documents recorded pursuant to this section to be filed with the Secretary of State.
In no event shall any transfer of legislative jurisdiction between the United States and this state take effect, nor shall the Governor transmit any notice proposing such a transfer pursuant to subsection (b) of this section unless, under the applicable laws of the United States:
1. This state shall have jurisdiction to tax private persons, private transactions, and private property, real and personal, resident, occurring, or situated within the land or other area to the same extent that this state has jurisdiction to tax persons, transactions, and property, resident, occurring, or situated generally within this state;
2. Any civil or criminal process lawfully issued by competent authority of this state or any of its subdivisions may be served and executed within the land or other area to the same extent and with the same effect as the process may be served and executed generally within this state, except that the service and execution of process within land or other areas over which the federal government exercises jurisdiction shall be subject to such rules and regulations issued by authorized officers of the federal government, or of any department, independent establishment, or agency thereof, as may be reasonably necessary to prevent interference with the carrying out of federal functions; and
3. This state shall exercise over the land or other area the same legislative jurisdiction which it exercises over land or other areas generally within this state, except that the United States shall not be required to forego such measure of exclusive legislative jurisdiction as may be vested in or retained by it over the land or other area pursuant to this section, and this state's exercise of jurisdiction shall be without prejudice to the right of the United States to assert and exercise such concurrent legislative jurisdiction as may be vested in or retained by it over the land or other area.
Nothing in this section shall be construed to prevent or impair any transfer of legislative jurisdiction to this state occurring by operation of law.

History. Acts 1959, No. 256, §§ 1-3; A.S.A. 1947, §§ 10-1127 — 10-1129.

Case Notes

Notice of Acceptance.

Where there is no notice of acceptance of jurisdiction over the land by the federal government, jurisdiction remains in the state. Kurck v. State, 235 Ark. 688, 362 S.W.2d 713 (1962), cert. denied, 373 U.S. 910, 83 S. Ct. 1299, 10 L. Ed. 2d 412 (1963) (decision under prior law).

Repeal by Implication.

This section repealed Acts 1939, No. 327, § 1, by implication, since the provisions of that act and this section were in conflict. Kurck v. State, 235 Ark. 688, 362 S.W.2d 713 (1962), cert. denied, 373 U.S. 910, 83 S. Ct. 1299, 10 L. Ed. 2d 412 (1963).

Subchapter 2 — Particular Properties

Preambles. Acts 1867, No. 60, contained a preamble which read:

“Whereas, by a resolution of Congress, approved April 13, 1866, the Secretary of War was authorized and required to take immediate measures to preserve from desecration the graves of the soldiers of the United States who fell in battle or died of disease in the field and in the hospital during the war of the rebellion; and to secure suitable burial places in which they may be properly interred; and

“Whereas, the Secretary of War is about to purchase suitable grounds within the limits of this state for the establishment thereon of ‘national cemeteries,’ within which are to be buried the bodies of those described in said resolution; and

“Whereas, it is provided in paragraph 1059, United States Army regulations, as revised, 1863, that previous to the expenditure of any money in the purchase of any land within any state of the United States for the use of the general government, the legislature of the state within which such purchase shall be made shall first cede all jurisdiction over such land….”

Acts 1873, No. 10, contained a preamble which read:

“Whereas, by an Act of Congress, approved June 7, 1872, entitled ‘An act to provide for a building for the use of the federal courts, post office, internal revenue, and other civil offices in the city of Little Rock, Arkansas,’ an appropriation of $100,000 was made to carry out the objects of said act; and

“Whereas, it is provided by said act ‘That no part of the sum therein appropriated shall be used or expended until the State of Arkansas shall duly release and relinquish its jurisdiction over the same, and its right to tax said site and the property which may be thereon during the time the United States shall be, or remain, the owner thereof.’

“Therefore….”

Acts 1889, No. 11, contained a preamble which read:

“Whereas, by an Act of Congress entitled, ‘An act for a public building at Helena, Arkansas,’ approved April 11, 1888, an appropriation of $75,000 was made to carry out the objects of said act; and

“Whereas, it is provided by said act ‘that no part of said sum shall be expended until a valid title to the said site shall be vested in the United States, nor until the State of Arkansas shall cede to the United States exclusive jurisdiction over the same during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said state and the service of civil process therein;’

“Therefore….”

Acts 1889, No. 40, contained a preamble which read:

“Whereas, by an Act of Congress entitled, ‘An act for a public building at Texarkana, Arkansas, approved, 1888’ an appropriation of $10,000 was made to carry out the objects of said act; and

“Whereas, it is provided by said act that no part of said sum shall be expended until a valid title to the said site shall be vested in the United States, nor until the State of Arkansas shall cede to the United States exclusive jurisdiction over the same during the time the United States shall be, or remain, the owner thereof, for all purposes except the administration of the criminal laws of said state and the service of civil process therein;

“Therefore….”

Acts 1891, No. 19, contained a preamble which read:

“Whereas, by an Act of Congress entitled ‘An act for a public building at Camden, Arkansas, and appropriating $25,000 to carry out the objects of said act’; and

“Whereas, it is provided by said act that no part of said sum shall be expended until a valid title to the said site shall be vested in the United States; nor until the State of Arkansas shall cede to the United States exclusive jurisdiction over the same during the time the United States shall be or remain the owner thereof for all purposes except the administration of the criminal laws of said state and the service of civil process therein;

“Therefore….”

Acts 1925, No. 230, contained a preamble which read:

“Whereas, the government of the United States without consent of the General Assembly of the State of Arkansas has established and will acquire additional areas of forest lands in said state for the purpose of conserving the navigability of navigable streams, and said lands and waters thereon are and will be stocked naturally and artificially with game animals, game and non-game birds and fish; and

“Whereas, in order adequately to enjoy and protect the occupancy and use of said area, it is important that the United States be fully authorized to make all needful rules and regulations in respect to such animals, birds and fish;

“Therefore….”

Acts 1935, No. 181, contained a preamble which read:

“Whereas, the government proposes to buy large tracts of nonproductive submarginal lands and set same aside as parks, recreational or other appropriate uses; and

“Whereas, this program will be of great benefit to the people generally, and the state desires to cooperate in that program; and

“Whereas, the state owns certain lands in the areas now proposed, and which may hereafter be proposed, as proper submarginal land projects, and it is the policy of the state to grant the government such lands;

“Therefore….”

Acts 1983, No. 239, contained a preamble which read:

“Whereas, the United States presently exercises exclusive legislative jurisdiction over approximately 31.5 acres of fee-owned land comprising the United States Army Reserve Center located at 8001 Camp Robinson Road in North Little Rock, Arkansas; and

“Whereas, the United States wishes to relinquish to the State of Arkansas such legislative jurisdiction as will enable the state and its political subdivisions to exercise, concurrently with the United States, law enforcement powers within the Reserve Center area; and

“Whereas, Act 256 of 1959, provides that when the Governor receives notice from the United States of the intention to relinquish legislative jurisdiction over such lands, the Governor shall submit the question of accepting such jurisdiction to the next session of the state legislature for adoption and further provides that unless prior to the expiration of that legislative session the legislature adopts an act approving the transfer, the transfer shall not be effective; and

“Whereas, it is in the best interest of the State of Arkansas and Pulaski County that the state accept concurrent jurisdiction over the hereinafter described area;

“Now, therefore….”

Effective Dates. Acts 1867, No. 60, § 2: effective on passage.

Acts 1873, No. 10, § 2: effective on passage.

Acts 1889, No. 20, § 2: effective on passage.

Acts 1893, No. 35, § 4: effective on passage.

Acts 1903, No. 114, § 2: effective on passage.

Acts 1917, No. 148, § 3: effective on passage.

Acts 1919, No. 533, § 2: effective on passage. Emergency declared. Approved Mar. 28, 1919.

Acts 1925, No. 230, § 2: effective on passage. Emergency declared. Approved Mar. 27, 1925.

Acts 1927, No. 108, § 3: effective on passage.

Acts 1933, No. 166, § 1: approved Mar. 25, 1933. Emergency clause provided: “Whereas, there is an immediate need for jurisdiction of the lands herein, an emergency is declared to exist, and this act shall take effect and be in full force from and after its passage.”

Acts 1935, No. 88, § 3: Mar. 2, 1935. Emergency clause provided: “Whereas, the various counties of this state are losing much revenue by reason of the present inability of the state to sell its tax forfeited lands to the United States government for forestry purposes, and, whereas, it is necessary to perfect functioning of the various county governments that additional funds be supplied; now, therefore, an emergency is declared and this act being necessary for the immediate preservation of the public peace, health and safety, it shall become effective immediately upon its passage and approval.”

Acts 1935, No. 181, § 3: Mar. 22, 1935. Emergency clause provided: “Whereas, some areas have already been designated by the federal government in the State of Arkansas as proper for the operation of its submarginal land program, and large numbers of people are working to put the program in effect, and it is necessary that the state be prepared to cooperate in said program when it is necessary and proper to do so, and an emergency is, therefore, hereby declared to exist, and this act shall take effect and be in full force immediately upon its passage and approval.”

Acts 1963, No. 204, § 2: July 1, 1963.

Acts 1975, No. 122, § 4: Feb. 7, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of the state are not clear regarding the authority of the state and of the various counties to transfer lands to the United States Government in connection with navigation projects, wildlife refuge projects and other projects highly beneficial to the state; that it is essential to the development of certain such projects that the law be clarified immediately in order to specifically authorize the transfer of state and county owned lands to the United States Government for such projects; that this act is designed to accomplish this purpose and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977 (1st Ex. Sess.), No. 21, § 5: Aug. 15, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly meeting in Extraordinary Session that it is imperative that the veterans of the State of Arkansas be able to receive medical care equal to any available in this country and that the emotionally disturbed youth in our state have available an intensified mental health treatment program. It is therefore resolved that an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 1111, § 3 and No. 1114, § 3: Apr. 26, 1979. Emergency clauses provided: “It is hereby found and determined by the Seventy-Second General Assembly that the immediate effectiveness of this act is necessary for providing psychiatric nursing home care in the State of Arkansas. Therefore an emergency is declared to exist and this act, being necessary for the immediate preservation of the public health and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1991, No. 963, § 7: Mar. 29, 1991. Emergency clause provided: “To preserve the public peace, it is necessary that the Act become immediately operative. It is therefore declared to be an emergency measure.”

22-7-201. National cemeteries.

The jurisdiction of this state within and over all lands purchased by the United States on which national cemeteries may be established within the limits of this state is ceded to the United States so far as the permanent enclosures of such national cemeteries may extend and no further.

History. Acts 1867, No. 60, § 1, p. 153; C. & M. Dig., § 4553; Pope's Dig., § 5633; A.S.A. 1947, § 10-1104.

22-7-202. National forests generally.

The consent of the State of Arkansas is given to the acquisition by the United States, by purchase, by exchange, or otherwise with adequate compensation, of such land in Arkansas as, in the opinion of the federal government, may be needed for the establishment, consolidation, and extension of national forests in the state for the purpose of the Weeks Law.
No owner of land which the United States proposes to acquire under the provisions of this section shall be required to sell by institution of proceedings for condemnation, except for such tracts as are needed for access, rights-of-way, those having a peculiar recreational or scenic value, and other such uses in the public interest.
Power is conferred upon the United States Congress to pass laws and to make, or provide for the making of, such rules and regulations of both a civil and criminal nature, and provide punishment for the violation thereof as, in its judgment, may be necessary for the administration, control, and protection of any lands acquired under the provisions of this section.

History. Acts 1917, No. 148, §§ 1, 2, p. 797; C. & M. Dig., §§ 4566, 4567; Acts 1927, No. 108, §§ 1, 2; Pope's Dig., §§ 5646, 5647; Acts 1963, No. 204, § 1; 1967, No. 657, § 1; A.S.A. 1947, §§ 10-1105, 10-1106.

U.S. Code. The Weeks Law, referred to in this section, is codified as 16 U.S.C. §§ 480, 500, 515-519, 521, 552, and 563.

Case Notes

Cited: United States v. Reeves, 39 F. Supp. 580 (W.D. Ark. 1941).

22-7-203. National forests — Fish and game regulations.

The consent of the State of Arkansas is given to the making by the United States Congress, or under its authority, of all such rules and regulations as the federal government may determine to be needful in respect to game animals and game and nongame birds and fish on, in, or over national forestlands within the State of Arkansas.
The rules and regulations must be approved by the Arkansas State Game and Fish Commission before they can be enforced.
The authority to enforce concurrent rules and regulations is extended jointly to the federal government and to the commission.

History. Acts 1925, No. 230, § 1; Pope's Dig., §§ 5648, 6000; Acts 1941, No. 272, § 1; A.S.A. 1947, § 10-1107.

22-7-204. National forests — Sale of tax-forfeited lands to United States Forest Service.

Upon application of any duly authorized person of the United States Forest Service to purchase tax-forfeited lands lying within or contiguous to any national forest for the purpose of adding the lands to the national forest, the Commissioner of State Lands shall set aside and withhold the lands from sale for such time as may be necessary for the federal government to perfect its title in and to the lands.
The act of the Commissioner of State Lands to set aside the land shall vest title in the United States to the extent that title in the lands can be perfected.
Immediately upon the perfection and approval of the title in the lands, the purchaser shall comply with the provisions of §§ 26-37-101 — 26-37-105, 26-37-201 — 26-37-205, and 26-37-301 — 26-37-303, and, thereupon, the Commissioner of State Lands shall issue his or her deed conveying to the purchaser all the rights, title, and interest of the State of Arkansas in and to the lands.

History. Acts 1935, No. 88, §§ 1, 2; Pope's Dig., §§ 8722, 8723; A.S.A. 1947, §§ 10-1108, 10-1109.

22-7-205. Ouachita National Forest and Ozark National Forest — Sale of school or tax lands.

The Commissioner of State Lands is authorized, at his or her discretion, to negotiate with the representatives of the federal government for the sale of all or any part of the school or tax lands situated within the Ouachita National Forest and Ozark National Forest. Upon reaching a satisfactory price agreement, he or she is authorized to give options, to sign purchase contracts, to execute deeds to the United States or its authorized representative, and to accept payment for the lands but only if the sales are made at a price of not less than two dollars and fifty cents ($2.50) per acre.
No land shall be sold to the federal government for less than its appraised value, with such value to be ascertained and such sale to be made as provided by law for the sale of state and school lands.
Nothing in this section shall be construed to prohibit land being sold to private parties in the manner provided by law unless under the control of and option to the federal government and during the term of the option, except that no such lands shall be sold for less than two dollars and fifty cents ($2.50) per acre.

History. Acts 1919, No. 533, § 1; C. & M. Dig., § 6786; Pope's Dig., § 8721; A.S.A. 1947, § 10-1110.

22-7-206. Waterfowl and wildlife refuges.

For the purpose of more effectively cooperating with the United States in the acquisition, development, and maintenance of refuges for migratory waterfowl and other wildlife, consent is granted to the United States to acquire, by purchase, condemnation, gift, lease, or exchange, lands and waters within the State of Arkansas which the United States Secretary of Agriculture may deem necessary and suitable in furtherance of the Migratory Bird Treaty, the Migratory Bird Treaty Act, and the Migratory Bird Conservation Act.
The jurisdiction of the State of Arkansas, both civil and criminal, over persons in the areas acquired and on privately owned property thereon shall not be affected or changed by reason of their acquisition and administration by the United States as migratory waterfowl and other wildlife reservations, except insofar as the punishment of offenses against the United States is concerned.
Nothing in this section is intended to interfere with the operation of the game laws of the State of Arkansas applying to migratory game birds, insofar as they do not permit what is forbidden by federal law.

History. Acts 1937, No. 114, § 1; Pope's Dig., § 5999; A.S.A. 1947, § 10-1111.

U.S. Code. The Migratory Bird Treaty, August 16, 1916, U.S. — Great Britain, referred to in this section, may be found at 39 Stat. 1702, T.S. 628.

The Migratory Bird Treaty Act, referred to in this section, is codified as 16 U.S.C. § 703 et seq. The Migratory Bird Conservation Act, referred to in this section, is codified as 16 U.S.C. § 715 et seq.

22-7-207. Submarginal land.

The Commissioner of State Lands is authorized and empowered to grant and convey to the federal government, or to any duly constituted agency thereof, all state lands owned by the State of Arkansas in any area designated as a submarginal land project when the Commissioner of State Lands has been officially notified by the proper government authority that the project has proceeded to the stage where it is necessary and proper for the state to execute and deliver the conveyance.
The state shall convey only such right in and to the lands as it may hold therein, and it shall not be liable on account of the failure of title of any of the lands.

History. Acts 1935, No. 181, §§ 1, 2; Pope's Dig., §§ 8747, 8748; A.S.A. 1947, §§ 10-1112, 10-1113.

Case Notes

Cited: United States v. Williams, 109 F. Supp. 456 (W.D. Ark. 1952).

22-7-208. Building site — Little Rock.

The State of Arkansas consents to the purchase by the United States of a site for public buildings mentioned in 17 Stat. 280, Ch. 324, and cedes jurisdiction to the United States over any lot, parcel, or block of ground within the corporate limits of the City of Little Rock, not exceeding in area three hundred feet (300') square, which may be purchased by the United States as a site for a building for the accommodation of the United States circuit and district courts, post office, internal revenue, and other government offices, under 17 Stat. 280, Ch. 324.
The state releases and relinquishes its right to tax the site and all improvements which may be thereon during the time the United States remains the owner thereof, except that this cession of jurisdiction shall not prevent the execution of any process of this state, civil or criminal, on any person who may be on such site.

History. Acts 1873, No. 10, § 1, p. 11; C. & M. Dig., § 4554; Pope's Dig., § 5634; A.S.A. 1947, § 10-1114.

22-7-209. Building site — Helena.

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 25 Stat. 84, Ch. 80, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Helena, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein.

History. Acts 1889, No. 11, § 1, p. 9; C. & M. Dig., § 4555; Pope's Dig., § 5635; A.S.A. 1947, § 10-1115.

22-7-210. Building site — Texarkana.

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 25 Stat. 87, Ch. 128, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Texarkana, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein.

History. Acts 1889, No. 40, § 1, p. 55; C. & M. Dig., § 4559; Pope's Dig., § 5639; A.S.A. 1947, § 10-1116.

22-7-211. Building site — Camden.

The State of Arkansas consents to the purchase by the United States of a site for a public building mentioned in 26 Stat. 702, Ch. 39, and cedes to the United States exclusive jurisdiction over any lot or block of ground within the corporate limits of the City of Camden, not exceeding in area three hundred sixty feet (360') square, which may be so purchased by the United States, during the time the United States remains the owner thereof, for all purposes except the administration of the criminal laws of the state and the service of civil process therein.

History. Acts 1891, No. 19, § 1, p. 18; C. & M. Dig., § 4560; Pope's Dig., § 5640; A.S.A. 1947, § 10-1117.

22-7-212. Cession of jurisdiction — Certain property in Fort Smith.

The jurisdiction of the state within and over block number five hundred fourteen (514), in the military reservation addition to the City of Fort Smith, Arkansas, as it is marked and designated by the field notes on file in the mayor's office and known as part of the abandoned military reservation at Fort Smith, donated to the city by the United States by 23 Stat. 19, Ch. 43, is ceded to the United States, so far as the limits of the block shall extend and no further.
The jurisdiction of the State of Arkansas is ceded to the United States over the block of ground situated between Rogers and Parker Avenues and Second and Third Streets, as it is marked and described on the map and plat of the reserve addition to the City of Fort Smith. The ground is a rectangular block three hundred feet (300') by two hundred ninety feet, two and three-quarter inches (290' 2¾"), upon which block is located the public buildings known as the United States Jail and Hospital, which block of ground and buildings situated thereon belong to the United States.
The jurisdiction of the State of Arkansas is ceded to the United States over the national cemetery and one hundred feet (100') around the walls of the cemetery, the cemetery being reserved as the property of the United States by 23 Stat. 19, Ch. 43, all of the land being under enclosure.

History. Acts 1889, No. 20, § 1, p. 19; 1903, No. 114, § 1, p. 191; C. & M. Dig., §§ 4556, 4557; Pope's Dig., §§ 5636, 5637; A.S.A. 1947, §§ 10-1118, 10-1119.

22-7-213. Acquisition of land in Pulaski County for military purposes.

The consent of the State of Arkansas is granted to the United States to purchase or acquire real property of not more than one thousand five (1,005) acres in extent in Pulaski County in this state for the purpose of a military post, fort, arsenal, or reservation.
Exclusive jurisdiction over the military post, fort, arsenal, or reservation, and the territory thereof, is ceded to the United States to be exercised so long as it remains the property of the United States.
The State of Arkansas releases and relinquishes its right to tax the site and all improvements thereon, during the time the United States remains the owner thereof, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises.

History. Acts 1893, No. 35, §§ 1-3, p. 52; C. & M. Dig., §§ 4561-4563; Pope's Dig., §§ 5641-5643; A.S.A. 1947, §§ 10-1120 — 10-1122.

22-7-214. Hot Springs National Park — Hot Springs Mountain.

Exclusive jurisdiction over that part of the Hot Springs National Park known and described as part of the Hot Springs Mountain, and whose limits are particularly described by the following boundary lines: Commencing at stone monument number seven (7) set upon the west line of Reserve Avenue and marking the boundary line of Hot Springs Mountain, and running thence in a northwesterly direction to a point upon the south line of Fountain Street to a stone monument numbered forty-two (42) and marking the boundary line of Hot Springs Mountain, thence along the south line of Fountain Street to its intersection with Central Avenue or to stone monument number thirty-three (33), thence south along the east line of Central Avenue to where it is intersected by Reserve Avenue at stone monument number thirty (30), thence along the north boundary line of Reserve Avenue to stone monument number seven (7), the point of commencement, all in township two (2) south, range nineteen (19) west, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises.
The right to tax all structures and other property in private ownership on the Hot Springs National Park accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas.

History. Acts 1903, No. 30, § 1, p. 52; C. & M. Dig., § 4558; Pope's Dig., § 5638; A.S.A. 1947, § 10-1123.

Publisher's Notes. Although an attempt was made to repeal this section by Acts 1923, No. 407, § 1, p. 854 (Special Acts), it is doubtful that the attempted repeal could have any effect.

U.S. Code. 26 Stat. 844, Ch. 533, § 5, referred to in this section, is codified as 16 U.S.C. § 365.

Case Notes

Applicability of State Laws.

A hotel conducted by a lessee on the Hot Springs Reservation was held subject to a state statute regulating inn keeper's liability to guests. Williams v. Arlington Hotel Co., 15 F.2d 412 (E.D. Ark. 1926), rev'd, 22 F.2d 669 (8th Cir. 1927).

Former massage registration act could not be enforced against massage practitioners operating on premises leased by United States Government at Hot Springs since state lost jurisdiction by virtue of cession to United States. Ladwig v. Nance, 223 Ark. 559, 267 S.W.2d 314 (1954).

Taxation.

The state has power to collect income tax from a bath house operated on the Hot Springs Reservation. Superior Bath House Co. v. McCarroll, 200 Ark. 233, 139 S.W.2d 378 (1940), aff'd, 312 U.S. 176, 61 S. Ct. 503, 85 L. Ed. 721 (1941).

22-7-215. Hot Springs National Park — Block 82.

Exclusive jurisdiction over that part of the Hot Springs National Park known and described as block eighty-two (82) on the official plat of the United States Hot Springs Commission is ceded to the United States to be exercised so long as it shall remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be in the park or premises.
The right to tax all structures and other property in private ownership on the Hot Springs National Park, accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas as respects the tract ceded.

History. Acts 1921, No. 56, § 1; Pope's Dig., § 5649; A.S.A. 1947, § 10-1124.

U.S. Code. 26 Stat. 844, Ch. 533, § 5, referred to in this section, is codified as 16 U.S.C. § 365.

22-7-216. Hot Springs National Park — Tourist camps.

Exclusive jurisdiction over that part of the Hot Springs National Park known and described as the automobile tourist camp and whose limits are particularly described by the following boundary lines: Commencing at the stone marking at the northeast corner of the northeast quarter of section thirty-three (33) township two (2) south range nineteen (19) west, thence east for five hundred twenty-eight feet (528') along the south line of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west, thence north parallel with the reservation line for one thousand three hundred twenty feet (1320') to the north line of the southwest quarter of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west, thence west for five hundred twenty-eight feet (528') along the north line of the southwest quarter of the southwest quarter of section twenty-seven (27) township two (2) south range nineteen (19) west to the east line of Hot Springs National Park, thence south along the line of Hot Springs National Park to the place of beginning, in the County of Garland, State of Arkansas, being a part of the permanent United States Hot Springs Reservation, is ceded to the United States to be exercised so long as it remains the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be on the reservation or premises.
The right to tax all structures and other property in private ownership on the Hot Springs National Park, accorded the state by 26 Stat. 844, Ch. 533, § 5, is reserved to the State of Arkansas.

History. Acts 1925, No. 231, § 1; Pope's Dig., § 5650; A.S.A. 1947, § 10-1125.

U.S. Code. 26 Stat. 844, Ch. 533, § 5, referred to in this section, is codified as 16 U.S.C. § 365.

22-7-217. Hot Springs National Park — Land not previously ceded.

Exclusive jurisdiction over all lands which are or shall be included in the Hot Springs National Park in the State of Arkansas and which have not previously been included in acts of the General Assembly is ceded to the United States to be exercised so long as the lands remain the property of the United States, except that this cession of jurisdiction shall not prevent the execution of any process of the state, civil or criminal, on any person who may be in the park or on park premises.
The right to tax all structures and other property in private ownership on the Hot Springs National Park is reserved to the State of Arkansas.

History. Acts 1933, No. 166, § 1; Pope's Dig., § 5651; A.S.A. 1947, § 10-1126.

22-7-218 — 22-7-220. [Repealed.]

Publisher's Notes. Acts 1991, No. 343, § 11, provided:

“The Pea Ridge National Park Commission created under Arkansas Code § 22-7-218 is abolished.”

These sections, concerning the Pea Ridge National Park Commission, were repealed by Acts 1991, No. 343, § 11. The sections were derived from the following sources:

22-7-218. Acts 1957, No. 192, §§ 1-3.

22-7-219. Acts 1957, No. 192, § 4.

22-7-220. Acts 1957, No. 192, §§ 5, 6.

22-7-221. Lands necessary to Ouachita River Navigation Project.

The State of Arkansas or any agency or institution of the state having jurisdiction or authority over lands held in the name of the State of Arkansas, which lands are necessary or desirable in the furtherance of the Ouachita River Navigation Project and any wildlife refuge established in connection with the project, is authorized to give, donate, or otherwise transfer the lands, any portion thereof, or any interest therein to the federal government for such use.
Any county holding title to lands which are necessary or desirable for use in developing the project and any national wildlife refuge established in connection with the project is authorized to give, donate, or otherwise transfer the lands, any portion thereof, or any interest therein to the federal government for use in connection with the project or any national wildlife refuge established in connection with the project.

History. Acts 1975, No. 122, §§ 1, 2; A.S.A. 1947, §§ 10-1130, 10-1131.

22-7-222. Concurrent jurisdiction — Certain tract in Camp Robinson.

The State of Arkansas accepts relinquishment by the United States to the State of Arkansas of such legislative jurisdiction as will enable the State of Arkansas and its political subdivisions to exercise, concurrently with the United States, law enforcement powers on a tract of land located in Pulaski County, Arkansas, being the same land excepted from the August 25, 1950, deed from the United States to the State of Arkansas covering Camp Robinson and being further described as Block Fifteen (15), bounded by Military Road, Dakota Avenue, 3rd Place, and the Missouri Pacific track, containing thirty-one and five-tenths (31.5) acres, more or less.
The Governor is authorized to take appropriate necessary steps, as described in § 22-7-102, to accomplish the transfer of the legislative jurisdiction referred to in subsection (a) of this section.

History. Acts 1983, No. 239, §§ 1, 2; A.S.A. 1947, §§ 10-1132, 10-1133.

Cross References. Camp Joseph T. Robinson, § 12-63-401 et seq.

22-7-223. Concurrent jurisdiction — Department of Veterans Affairs Medical Centers, Arkansas Post National Memorial, Buffalo National River, Fort Smith National Historic Site, Pea Ridge National Military Park.

The State of Arkansas accepts relinquishment by the United States to the state of the legislative jurisdiction that will enable the state and its political subdivisions to exercise, concurrently with the United States, law enforcement powers on:
1. All lands comprising the John L. McClellan Memorial Veterans Hospital at Little Rock, situated in Pulaski County and described as follows:
2. All lands comprising the Department of Veterans Affairs Medical Center at North Little Rock, situated in Pulaski County and described as follows:
3. All lands comprising the Department of Veterans Affairs Medical Center at Fayetteville, situated in Washington County and described as follows:
4. All lands comprising the Arkansas Post National Memorial, the Buffalo National River, the Fort Smith National Historic Site, and the Pea Ridge National Military Park.
The Governor is authorized to take appropriate necessary steps, as described in § 22-7-102, to accomplish the transfer of legislative jurisdiction referred to in subsection (a) of this section.

A tract of land located in the NW¼, SW¼, Section 5, Township 1 North, Range 12 West, and part of the NE¼, SE¼, Section 6, Township 1 North, Range 12 West, City of Little Rock, Pulaski County, Arkansas, being more particularly bound and described as follows: Commencing at the center of Section 5, T-1-N, R-12-W, thence North 86 degrees 32' 23" West along the centerline of said Section 5, 1340.60 feet to a point on the West right-of-way of Elm Street; thence South 1 degree 49' 41" West along the said West right-of-way 274.96 feet to a point of beginning; thence South 01 degrees 49' 41" West along the said West right-of-way 778.45 feet to a concrete monument situated on the North right-of-way of Interstate 630; thence South 79 degrees 51' 03" West along said North right-of-way 300.83 feet to a concrete monument; thence North 88 degrees 44' 26" West along said North right-of-way 855.44 feet to a concrete monument; thence North 12 degrees 04' 48" East 113.25 feet to a concrete monument; thence South 88 degrees 37' 49" East 59.62 feet to a concrete monument; thence 01 degrees 22' 11" East 315.35 feet to a concrete monument, thence North 48 degrees 33' 52" West 153.42 feet to a concrete monument; thence North 02 degrees 16' 33" East 67.15 feet to a concrete monument; thence North 57 degrees 51' West 241.11 feet to a concrete monument; thence North 34 degrees 46' 42" East 225.55 feet to a concrete monument; thence South 87 degrees 47' 17" East 472.61 feet to a concrete monument; thence South 02 degrees 38' 39" West 47.00 feet to a concrete monument; thence South 87 degrees 47' 17" East 802.64 feet to a concrete monument situated at the point of beginning; Said Tract containing 23.185 acres (1,009.958 S.F.), more or less;

Parcel 1 being part of the NE, NW, SE, and SW Quarters of Section 28, Township 2 North, Range 12 West, more particularly described as follows:

Beginning at a point which is the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 0° 11' 04" W 981.56 feet; thence S 35° 30' 04" W 100.22 feet; thence S 57° 23' 21" W 136.21 feet; thence S 58° 58' 02" W 121.20 feet; thence S 68° 25' 24" W 119.38 feet; thence S 72° 27' 14" W 135.97 feet; thence S 80° 38' 09" W 113.39 feet; thence S 85° 07' 33" W 159.12 feet; thence S 87° 13' 04" W 1264.49 feet; thence N 36° 16' 05" W 97.55 feet; thence N 0° 35' 35" 121.44 feet; thence N 30° 54' 05" W 78.84 feet; thence N 44° 30' 05" W 170.25 feet; thence N 60° 25' 40" W 158.23 feet; thence N 31° 27' 30" W 173.57 feet; thence N 73° 57' 05" W 107.65 feet; thence N 47° 51' 25" W 100.35 feet; thence N 32° 17' 55" W 175.65 feet; thence N 62° 04' 45" E 769.14 feet; thence N 23° 29' 45" W 890.84 feet; thence N 23° 04' 05" W 745.75 feet; thence N 64° 40' 45" E 947.57 feet; thence N 64° 25' 15" E 656.26 feet; thence N 80° 21' 41" E 550.77 feet; thence N 81° 16' 08" E 744.90 feet; thence S 0° 06' 10" E 2240.70 feet to the point of beginning.

Parcel 2 being part of the SE Quarter of the SW Quarter of Section 21 and the NE Quarter of the NW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows:

Commencing at the southwest corner of the SW Quarter of Section 21; thence N 0° 34' 04" E 901.45 feet; thence S 89° 29' 00" E 1958.51 feet; thence S 0° 31' 28" W 89.58 feet to the point of beginning of the tract of land herein described; thence N 72° 47' 50" E 84.85 feet; thence S 32° 00' 02" E 626.46 feet; thence S 58° 00' 46" W 385.43 feet; thence N 34° 21' 09" W 184.39 feet; thence S 32° 36' 39" W 394.91 feet; thence N 54° 30' 01" W 30.75 feet; thence N 32° 89' 49" E 406.79 feet; thence N 34° 21' 09" W 355.17 feet; thence N 43° 13' 24" E 250.00 feet; thence N 50° 38' 54" E 86.14 feet to the point of beginning.

Parcel 3, being part of the SW Quarter of Section 28, Township 2 North, Range 12 West, more particularly described as follows:

Commencing at the northwest corner of the NE Quarter of the SE Quarter of Section 28; thence S 88° 36' 09" E 660.61 feet; thence S 0° 05' 13" W 942.20 feet; thence S 60° 05' 13" W 82.80 feet; thence S 44° 53' 13" W 270.10 feet; thence S 55° 20' 13" W 211.10 feet; thence N 87° 08' 08" W 222.13 feet; thence S 0° 0" 0' 679.57 feet; thence S 83° 44' 50" W 660.00 feet; thence S 89° 44' 39" W 878.01 feet to the point of beginning of the tract of land herein described; thence S 10° 31' 08" W 54.83 feet; thence N 63° 21' 29" W 86.75 feet; thence N 41° 48' 08" W 22.56 feet; thence N 86° 24' 20" W 92.90 feet; thence N 06° 20' 18" E 175.52 feet; thence S 79° 28' 52" E 211.18 feet; thence S 10° 31' 08" W 146.31 feet to the point of beginning;

A part of the E½ of the NE¼ of Section 9 T-16-N, R-30-W, and a part of the W½ of the NW¼ of Section 10, T-16-N, R-30-W of the 5th Principal Meridian, beginning at a point on the West line of the SE¼ of the NE¼ of Section 9 which is N 0° 13' W 755.25 feet from the SW corner of the 40 Acre tract, thence N with the West line 1124.74', thence East 1168', thence South 383', thence East 339' more or less to the West Right-of-Way line of U.S. Highway 71, thence S 01° 51' W 1147.60' with the Right-of-Way, thence West 702.37', thence S 50° 18' W 165.55', thence West 365.42', thence N 0° 13' W 505.26', and thence West 225' to the point of beginning, situated in Washington County and containing 46.72 acres, more or less; and

History. Acts 1983, No. 876, §§ 1, 2; A.S.A. 1947, §§ 10-1134, 10-1135; Acts 2019, No. 104, § 1.

Amendments. The 2019 amendment substituted “the state” for “the State of Arkansas” twice in the introductory language of (a); rewrote (a)(1); and made a stylistic change.

22-7-224. Donation of real property to Department of Veterans Affairs.

1. It is the intent of this section to permit the securing of payment from the United States Department of Veterans Affairs to the State of Arkansas and the Department of Human Services State Institutional System Board for the fair replacement value of all existing improvements to lands authorized to be transferred in subsection (b) of this section.
2. It is further intended that funds received for all improvements on lands transferred by subsection (b) of this section shall be used for the constructing and equipping of a new psychiatric nursing home at the Arkansas Health Center and associated costs.
1. The Department of Human Services State Institutional System Board and the Board of Trustees of the University of Arkansas shall have the authority to donate any real property under their control and supervision to the United States Department of Veterans Affairs for the construction by the United States Department of Veterans Affairs of a United States Department of Veterans Affairs hospital and related facilities on the donated land.
2. The donation may be accomplished notwithstanding the provisions of §§ 22-6-601 and 22-7-102(a)-(d).

History. Acts 1977 (1st Ex. Sess.), No. 21, §§ 1, 2; 1979, No. 1111, § 1; 1979, No. 1114, § 1; A.S.A. 1947, §§ 10-1127.1, 10-1127.2; Acts 2001, No. 152, § 3.

Amendments. The 2001 amendment, in (a)(2), deleted “and the associated costs” preceding “of a new psychiatric,” substituted “Arkansas Health Center” for “Benton Services Center,” added “and associated costs,” and made minor stylistic changes.

22-7-225. Federal relinquishment of exclusive legislative jurisdiction pertaining to the administration of criminal laws.

The consent of the state is hereby given to accept the relinquishment by the United States of exclusive legislative jurisdiction only as to the administration of criminal laws insofar as said assignment affects the following described tracts of real property situated in the State of Arkansas, to wit:
1. Henry R. Koen Forest Service Building, 605 W. Main Street, Russellville, Arkansas, the same being all of Block “B” in S. M. Shinn's Addition and all of Block 41 in Mary A. Russell's Addition to the City of Russellville, Pope County, Arkansas, more particularly described as follows: Beginning at a point on Section line approximately 85 feet more or less West of SE corner of Section 5, Township 7 North, Range 20 West. Also, being the SE corner of said Block 41 Mary A. Russell's Addition and the NE corner of said Block “B” S. M. Shinn's Addition, and on the West line of South Fargo Avenue; thence in a southerly direction with the west line of Fargo Avenue 130 feet more or less to the North line of 2nd Court Street; thence in a westernly direction with the North line of 2nd Court Street to the East line of South Glenwood Avenue being 167 feet more or less; thence in a northernly direction with the East line of Glenwood Avenue 365 feet more or less to the South line of West Main Street; thence in an easternly direction with the South line of West Main Street to the West line of South Fargo Avenue, being 240 feet more or less; thence in a southerly direction with the West line of South Fargo Avenue 160 feet more or less to the point of beginning;
2. Federal Office Building, 115 South Denver St., Russellville, Arkansas, the same being all of Lots Seven (7), Eight (8), and Nine (9) in Block “F” J. M. Shinn's Addition to the City of Russellville, County of Pope, State of Arkansas, the same being a parcel of land facing one hundred twenty (120) feet on River Street, and one hundred twenty (120) feet on David Street;
3. U. S. Post Office/Court, 600 West Capitol Street, Little Rock, Arkansas, the same being Lots 1-12 inclusive, Block 126, of the City of Little Rock, County of Pulaski, State of Arkansas, according to recorded plan thereof;
4. U. S. Post Office/Court, 5th and State Line Ave., Texarkana, Arkansas, the same being all of Fractional Block No. Twenty-nine (29), Original City of Texarkana, County of Miller, State of Arkansas, as same appears upon the map and plat of said town made and recorded by the Cairo and Fulton R. R. Company;
5. Federal Office Building, 120 North Broadway, Blytheville, Arkansas, the same being all of Lots Nos. 4, 5 and 6, in Block 5, Davis Addition to the City of Blytheville, in Mississippi County, Arkansas, the entire three lots composing a plot of ground 150 feet by 140 feet;
6. Federal Office Building, 123 N. Main Street, Benton, Arkansas, the same being all of Lots numbered Two (2) and Three (3), in Block numbered Eleven (11), in the Original Town (now City) of Benton, County of Saline, State of Arkansas, as per plat thereof dated June 25, 1836, and duly recorded among the land records in and for the County and State, aforesaid, and taken together forming one (1) tract or parcel of land contained within the following metes and bounds, namely: Beginning for the same at the point of intersection of the East Line of Main Street (80 feet wide) with the South line of Sevier Street (80 feet wide), where is set a concrete monument six inches by six inches by three feet, and running thence along the South line of Sevier Street, East one hundred fifty (150) feet to the Northeast corner of said Lot Two (2); thence along the rear lines of both lots, South one hundred (100) feet to a similar monument set at the Southeast corner of said Lot Three (3); thence along the South line of Lot Three (3), West one hundred fifty (150) feet to another concrete monument, six inches by six inches by three feet, set at the Southwest corner of Lot Three (3); and thence along the West lines of the Lots, Two (2) and Three (3), and the East line of Main Street, aforesaid, North one hundred (100) feet to the point of beginning; also any and all of the right, title and interest of the party grantor in and to all streets, roads, avenues, alleys, alley-ways and rights-of-way abutting, or in anywise appertaining to, the land above described; and
7. U. S. Post Office/Court, 30 South 6th Street, Fort Smith, Arkansas, the same being all of Block 514 of Reserve Addition to the City of Fort Smith, Sebastian County, Arkansas, as established by Special Deed filed March 24, 1885, in Deed Record “N”, Page 618, and by a plat prepared by George H. Lyman, civil engineer, which is on file in the General Land Office of the United States and approved by the Secretary of the Interior, Secretary of the Treasury, and Secretary of War on November 8, 1884, November 13, 1884, and February 2, 1885, respectively, and more particularly described as follows: Beginning at the westernmost corner of said Block 514 at the intersection of the northerly line of Parker Avenue and the easterly line of South 5th Street; thence North 39° 00' East, 300.00 feet along said easterly line of South 5th Street to an intersection with the southerly line of Rogers Avenue; thence along said southerly line South 51° 00' East, 308.12 feet to the westerly line of South 6th Street; thence South 39° 00' West, 300.00 feet along said westerly line to the northerly line of Parker Avenue; thence North 51° 00' West, 308.12 feet to the point of beginning. Containing 92,436.00 square feet.
The right of the State of Arkansas to exercise jurisdiction to administer criminal laws over the real property described in subsection (a) of this section, shall be without prejudice of the right of the United States to exercise such concurrent legislative jurisdiction to administer criminal laws as may be vested in or retained by it over said real property.
Except as provided in subsections (a) and (b) of this section, the United States shall continue to retain and exercise exclusive legislative jurisdiction over the real property described above for all other purposes.

History. Acts 1991, No. 963, §§ 1-3.

22-7-226. Cession of concurrent jurisdiction — Federal prisons.

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

History. Acts 1997, No. 215, § 1.

22-7-227. Cession of jurisdiction under § 22-7-226 effective upon acceptance of jurisdiction by United States.

Cession of jurisdiction pursuant to § 22-7-226 shall take effect only upon acceptance of such jurisdiction by the United States. Federal jurisdiction so ceded shall end as to any such lands, waters, or buildings, or portions thereof, that cease to be owned, leased, or occupied by or on behalf of the United States.

History. Acts 1997, No. 215, § 2.

22-7-228. Cession of concurrent jurisdiction — Little Rock.

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the Oscar Finkbeiner Army Reserve Center in the City of Little Rock, Pulaski County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the Oscar Finkbeiner Army Reserve Center.

History. Acts 2001, No. 1479, § 1.

22-7-229. Cession of concurrent jurisdiction — Hot Springs.

The State of Arkansas hereby cedes concurrent jurisdiction to the United States over the lands, waters, and buildings previously or hereinafter acquired for the United States Army Reserve Center in the City of Hot Springs, Garland County, Arkansas, and over all future lands, waters, and buildings hereafter acquired, leased, or occupied, whether by purchase, condemnation, or otherwise, by or on behalf of the United States for the United States Army Reserve Center.

History. Acts 2001, No. 1479, § 2.

22-7-230. Cession of jurisdiction under §§ 22-7-228 and 22-7-229 effective upon acceptance of jurisdiction by United States.

Cession of jurisdiction pursuant to §§ 22-7-228 and 22-7-229 shall take effect only upon acceptance of such jurisdiction by the United States. Federal jurisdiction so ceded shall end as to any such lands, waters, or buildings, or portions thereof, that cease to be owned, leased, or occupied by or on behalf of the United States.

History. Acts 2001, No. 1479, § 3.

Subchapter 3 — Fort Chaffee

Effective Dates. Acts 1997, No. 1260, § 10: Apr. 9, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the immediate legal control and supervision of all portions of Fort Chaffee is of utmost importance in preserving and securing government property therein and that accepting title to Fort Chaffee from the federal government is necessary for the training and maintaining of the Arkansas National Guard as an integral part of the defense of this state and of the United States. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

22-7-301. Exclusive jurisdiction over Fort Chaffee — Findings.

The General Assembly finds that pursuant to 10 U.S.C. § 2683, the United States Secretary of the Army, acting by and through his or her duly authorized Principal Deputy Assistant Secretary of the Army, has caused a proper and lawful notice to be filed with the Governor relinquishing such legislative jurisdiction as necessary from the United States to the State of Arkansas in order that the State of Arkansas may exercise concurrent jurisdiction over Fort Chaffee, Arkansas, until October 1, 1997, and relinquishing all legislative jurisdiction from the United States in order that the State of Arkansas may exercise exclusive legislative jurisdiction over Fort Chaffee from and after October 1, 1997.

History. Acts 1997, No. 1260, § 1.

22-7-302. Concurrent jurisdiction over Fort Chaffee.

The State of Arkansas hereby accepts concurrent legislative jurisdiction with the United States of the following-described real property known as Fort Chaffee, Arkansas, from April 9, 1997, until the beginning of the first day of October 1997, and furthermore accepts exclusive legislative jurisdiction from the United States of the following-described real property known as Fort Chaffee, Arkansas, from and after the first day of October 1997, and thereafter.

The lands comprising Fort Chaffee, Arkansas, owned by or otherwise heretofore subject to the exclusive legislative jurisdiction of the United States in:

Sections 19, 30, and 31, of Township 8 North, Range 30 West;

Sections 23 — 28 inclusive, and 33 — 36 inclusive of Township 8 North, Range 31 West;

Sections 18, 19, 30, and 31 of Township 7 North, Range 28 West;

Sections 7, 8, 9, and 13 — 36 inclusive of Township 7 North, Range 29 West;

Sections 3 — 36 inclusive of Township 7 North, Range 30 West;

Sections 1 — 29 inclusive and Sections 35 and 36 of Township 7 North, Range 31 West;

Sections 1, 2, and 11 — 14 inclusive of Township 7 North, Range 32 West;

Sections 6 and 7 of Township 6 North, Range 28 West;

Sections 1 — 24 inclusive of Township 6 North, Range 29 West;

Sections 1 — 6 inclusive, Sections 10 — 15 inclusive, and Sections 22 — 24 inclusive of Township 6 North, Range 30 West; and

Sections 1 and 2, Township 6 North, Range 31 West, respectively located in Logan, Sebastian, Franklin, and Crawford Counties, Arkansas, and more accurately described and identified in accordance with § 22-7-102 as follows:

The Highway 96 Right of Way in the Fort Chaffee U.S. Army Military Reservation, the same being a strip of Right of Way 80 feet in width and approximately 26,730.0 feet in length, situated in the County of Sebastian, State of Arkansas, being a part of sections 9, 16, 21, 28, 33, and 32, Township 7 North, Range 30 West of the 5th Principal Meridian, and containing 49.10 acres, more or less.
The Highway 22 Right of Way in the Fort Chaffee U.S. Army Military Reservation, the same being all of six (6) tracts or parcels of land contained within the following metes and bounds, namely:
1. Parcel No. 1, 36.50 acres: A tract of land situated in the County of Sebastian, State of Arkansas, being part of Sections Nos. 3, 2, & 1, Township 7 North, Range 31 West of the 5th Principal Meridian, and being more particularly described as follows:
2. Parcel No. 2, 10.28 acres: A tract of land situated in the County of Sebastian, State of Arkansas, being part of Section No. 5, Township 7 North, Range 30 West of the 5th Principal Meridian and being more particularly described as follows:
3. Parcel No. 3, 9.03 acres: A tract of land situated in the County of Sebastian, State of Arkansas, being part of Section No. 10, Township 7 North, Range 30 West of the 5th Principal Meridian and being more particularly described as follows:
4. Parcel No. 4, 0.09 acre: A tract of land situated in the County of Sebastian, State of Arkansas, being part of Section No. 10, Township 7 North, Range 30 West of the 5th Principal Meridian and being more particularly described as follows:
5. Parcel No. 5, 0.70 acre: A tract of land situated in the County of Sebastian, State of Arkansas, being part of Section 17, Township 7 North, Range 29 West of the 5th Principal Meridian and being more particularly described as follows:
6. Parcel No. 6, 5.25 acres: A tract of land situated in the County of Sebastian, State of Arkansas, being part of Section No. 17, Township 7 North, Range 29 West of the 5th Principal Meridian and being more particularly described as follows:

From the corner common to Sections Nos. 3 & 4 of said Township 7 North and Sections Nos. 33 and 34 of Township 8 North, Range 31 West, situated in a Westerly boundary line for Fort Chaffee, along the common line between said Sections Nos. 3 & 4, same being a Westerly boundary line for said Fort Chaffee, South 00°25' East, 745 feet, more or less to the point of beginning, said point of beginning being the intersection of said Westerly boundary line for Fort Chaffee with the Northerly Right of Way line for the relocation of State Highway No. 22 and being located 60 feet Northeasterly of and perpendicular distance from the centerline for said relocation;

Thence along the Northerly Right of Way line for said relocation of Highway No. 22 as follows: 60 feet Northeasterly of and concentric to the arc of a 01°00' curve on said centerline (radius = 5729.65 feet; tangent distance = 325.2 feet; central angle = 00°31') along a curve to the left 515 feet, more or less to a point 60 feet Northeasterly of and perpendicular distance from P. T. Sta. 345+58.10 on the centerline for said relocation;

Thence 60 feet Northeasterly of and parallel to said centerline South 69°05' East, 698.4 feet to a point 60 feet Northeasterly of and perpendicular distance from P. C. Sta. 354+56.5 feet on the centerline for said relocation;

Thence 60 feet Northeasterly of and concentric to the arc of a 03°00' curve on said centerline (radius = 1910.08 feet; tangent distance = 213.1 feet; central angle = 12°44') along a curve to the right 316.19 feet to a point 60 feet Northeasterly of and perpendicular distance from Sta. 357+65 on the centerline for said relocation, said point being the intersection of the Northerly Right of Way line for the relocation of said Highway No. 22 with the existing Northerly Right of Way line for Highway No. 22;

Thence departing from the Northerly Right of Way line for said relocation along the existing Northerly Right of Way line for said Highway No. 22 in a general Southeasterly direction approximately 1686 feet to a point in the Southerly Right of Way line for the Missouri Pacific Railroad, said point being located 50 feet Southwesterly of and perpendicular distance from the centerline for said Missouri Pacific Railroad;

Thence along the Southerly Right of Way line for said Missouri Pacific Railroad, 50 feet Southwesterly of and parallel to the centerline for said Missouri Pacific Railroad, South 77°50' East, 25 feet, more or less to a point for the intersection of the Southerly Right of Way line for said Missouri Pacific Railroad with the Northerly Right of Way line for the relocation of said Highway No. 22 and being located 60 feet Northeasterly of and perpendicular distance from Sta. 374+10 of the centerline for said relocation;

Thence along the Northerly Right of Way line for said relocation as follows: 60 feet Northeasterly of and parallel to the centerline for said relocation, South 56°21' East, 8.6 feet to a point 60 feet Northeasterly of and perpendicular distance from P. C. Sta. 374+18.6 on the centerline for said relocation;

Thence 60 feet Northeasterly of and concentric to the arc of a 06°00' curve on said centerline (radius = 955.37 feet; tangent distance = 214.0 feet; central angle = 25°16') along a curve to the left, 394.65 feet to a point 60 feet Northerly of and perpendicular distance from P. T. Sta. 378+39.7 back, Sta. 379+49.2 ahead on the centerline for said relocation;

Thence 60 feet Northerly of and parallel to said centerline, South 81°37' east 1440.80 feet to a point 60 feet Northerly of and perpendicular distance from Sta. 393+90 on the centerline for said relocation;

Thence South 78°49' East, 510.61 feet to a point 35 feet Northerly of and perpendicular distance from Sta. 399+00 on the centerline for said relocation, said point also being situated in the existing Northerly Right of Way line for said Highway No. 22;

Thence departing from the Northerly Right of Way line for said relocation of Highway No. 22, along the existing Northerly Right of Way line for said Highway No. 22, 35 feet Northeasterly of and parallel to said centerline South 81°25' East, 400 feet, more or less, to a point 35 feet Northeasterly of and perpendicular distance from said centerline, said point being the intersection of said existing Northerly Right of Way line with the Northerly Right of Way line for said relocation;

Thence along the Northerly Right of Way line for said relocation as follows: perpendicular to said centerline North 08°35' East 25 feet to a point 60 feet Northeasterly of and perpendicular distance from the centerline for said relocation;

Thence 60 feet Northeasterly of and parallel to said centerline, South 81°25' East, 1203 feet more or less to a point 60 feet Northerly of and perpendicular distance from P. C. Sta. 415+03.4 on said centerline;

Thence 60 feet Northerly of and concentric to the arc of a 03°00' curve on said centerline (radius = 1910.08 feet; tangent distance = 326.5 feet; central angle = 19°24') along a curve to the left, 626.39 feet to a point 60 feet Northerly of and perpendicular distance from P. T. Sta. 421+50.1 on said centerline;

Thence 60 feet Northerly of and parallel to said centerline North 79°11' East, 2466.5 feet to a point 60 feet Northwesterly of and perpendicular distance from P. C. Sta. 446+16.6 on said centerline;

Thence 60 feet Northerly of and concentric to the arc of a 01°00' curve on said centerline (radius = 5729.65 feet; tangent distance = 118.4 feet; central angle 02°22') along a curve to the left, 234.22 feet to a point 60 feet Northerly of and perpendicular distance from P. T. Sta. 448+53.3 on said centerline;

Thence 60 feet Northerly of and parallel to said centerline, North 76°49' East, 1474.81 feet to a point in an Easterly boundary line for said Fort Chaffee;

Thence departing from the Northerly Right of Way line for said relocation along said Easterly boundary line for Fort Chaffee, South 123.25 feet to a point 60 feet Southerly of and perpendicular distance from the centerline for said relocation;

Thence along the Southerly Right of Way line for said relocation as follows: 60 feet Southerly of and parallel to said centerline line South 76°49' West, 1446.70 feet to a point 60 feet Southerly of and perpendicular distance from P. T. Sta. 448+53.3 on said centerline;

Thence 60 feet Southerly of and concentric to the arc of a 01°00' curve on said centerline (radius = 5729.65 feet; tangent distance = 118.4 feet; central angle = 02°22') along a curve to the right 239.18 feet to a point 60 feet Southerly of and perpendicular distance from P. C. Sta. 446+16.6 on said centerline;

Thence 60 feet Southerly of and parallel to said centerline South 79°11' West, 2468.5 feet to a point 60 feet Southerly of and perpendicular distance from P. T. Sta. 421+50.1 on said centerline;

Thence 60 feet Southerly of and concentric to the arc of a 03°00' curve on said centerline (radius = 1910.08 feet; tangent distance = 326.5 feet; central angle = 19°24') along a curve to the right, 667.0 feet to a point 60 feet Southerly of and perpendicular distance from P. C. Sta. 415+03.4 on said centerline;

Thence 60 feet Southwesterly of and parallel to said centerline North 81°25' West, 1603.4 feet to a point 60 feet Southerly of and perpendicular distance from Sta. 399+00 on said centerline;

Thence perpendicular to said centerline North 08°35' East, 25 feet to a point 35 feet Southwesterly of and perpendicular distance from said centerline, said point being the intersection of the Southerly Right of Way line for said relocation, with the existing Southerly Right of Way line for said Highway No. 22;

Thence departing from the Southerly Right of Way line for said relocation, along the existing Southerly Right of Way line for said Highway No. 22, North 81°37' West, 3183.04 feet to a point 60 feet Southwesterly of and perpendicular distance from Sta. 376+25 on the centerline for said relocation, said point also being the intersection of said existing Southerly Right of Way line with the Southerly Right of Way line for said relocation;

Thence along the Southerly Right of Way line for said relocation as follows: 60 feet Southwesterly of and concentric to the arc of a 06°00' curve on said centerline (radius = 955.37 feet; tangent distance = 214.00 feet; central angle = 25°16') along a curve to the right 219.36 feet to a point 60 feet Southwesterly of and perpendicular distance from P. C. Sta. 374+18.6 on said centerline;

Thence 60 feet Southwesterly of and parallel to said centerline North 56°21' West, 1537.7 feet to a point 60 feet Southwesterly of and perpendicular distance from P. T. Sta. 358+80.9 on said centerline;

Thence 60 feet Southwesterly of and concentric to the arc of a 03°00' curve on said centerline (radius = 1910.08 feet; tangent distance = 213.1 feet; central angle = 12°44') along a curve to the left 411.07 feet to a point 60 feet Southwesterly of and perpendicular distance from P. C. Sta. 354+56.5 on said centerline;

Thence 60 feet Southwesterly of and parallel to said centerline, North 69°05' West, 658.4 feet to a point to a point 60 feet Southwesterly of and perpendicular distance from P. T. Sta. 345+58.1 on said centerline;

Thence 60 feet Southwesterly of and concentric to the arc of a 01°00' curve on said centerline (radius = 5729.65 feet; tangent distance = 326.2 feet; central angle = 06°31') along a curve to the right 465 feet, more or less, to a point in a Westerly boundary line for said Fort Chaffee, same being the common line between said Sections Nos. 3 & 4 of said Township 7 North, Range 31 West;

Thence departing from the Southerly Right of Way line for said relocation, along said common section line, same being a Westerly boundary line for said Fort Chaffee, North 00°28' West, 135 feet, more or less to the point of beginning, containing 36.50 acres, more or less.

From the Northwest corner of the NW ¼ of Section 5 same being the corner common to Sections Nos. 5 & 6, Township 7 North, Range 30 West, along the common line between said Sections Nos. 5 & 6 South 1518 feet, more or less to the point of beginning, said point of beginning being the intersection of a Northwest corner for said Fort Chaffee with the Northerly Right of Way line for the relocation of State Highway No. 22 and being located 60 feet Northeasterly of and perpendicular distance from the centerline for said relocation;

Thence along the Northerly Right of Way line for said relocation, same being a Northerly boundary line for said Fort Chaffee as follows: 60 feet Northeasterly of and parallel to said centerline South 68°01' East, 361 feet, more or less to a point 60 feet Northeasterly of and perpendicular distance from P. C. Sta. 574+21.8 on said centerline;

Thence 60 feet Northeasterly of and concentric to the arc of a 02°00' curve on said centerline (radius = 2864.93 feet; tangent distance = 321.00 feet; central angle = 12°47') along a curve to the left, 424.91 feet to a point for the intersection of the Northerly Right of Way line for said relocation, with the existing Northerly Right of Way line for said Highway No. 22 and being located 60 feet Northeasterly of and perpendicular distance from Sta. 578+55.6 on the centerline for said relocation;

Thence departing from the Northerly Right of Way line for said relocation, along the existing Northerly Right of Way line as follows: perpendicular to said centerline North 13°18' East, 15 feet to a point 75 feet Northeasterly of and perpendicular distance from Sta. 572+55.8 on said centerline;

Thence 75 feet Northeasterly of and concentric to the arc of a 02°00' curve on said centerline (radius = 2864.93 feet; tangent distance 361.00 feet; central angle = 12°47') along a curve to the left, 199.83 feet to a point 75 feet Northeasterly of and perpendicular distance from P. T. Sta. 580+61 on the centerline for said relocation;

Thence 75 feet Northeasterly of and parallel to said centerline, South 80°48' East, 439 feet to a point for the intersection of said existing Northerly Right of Way line with the Northerly Right of Way line for said relocation and being located 75 feet Northeasterly of and perpendicular distance from Sta. 585+00 on said centerline;

Thence departing from said existing Northerly Right of Way line, along the Northerly Right of Way line for said relocation as follows: perpendicular to said centerline North 09°12' East, 15 feet to a point 90 feet Northeasterly of and perpendicular distance from Sta. 585+00 on said centerline;

Thence 90 feet Northeasterly of and parallel to said centerline, South 80°48' East, 400 feet to a point 90 feet Northeasterly of and perpendicular distance from Sta. 589+00 on said centerline;

Thence perpendicular to said centerline, North 09°12' East, 35 feet to a point 125 feet Northeasterly of and perpendicular distance from Sta. 589+00 on said centerline;

Thence 125 feet Northeasterly of and parallel to said centerline, South 80°48' East, 855 feet, more or less, to a point for a Northeast corner for said Fort Chaffee and being located 125 feet Northeasterly of and perpendicular distance from said centerline;

Thence departing from said Northerly Right of Way line along said Easterly boundary line for said Fort Chaffee, South 202.61 feet to a point in the existing Southerly Right of Way line for said Highway No. 22 and being located 75 feet Southwesterly of and perpendicular distance from the centerline for said relocation;

Thence departing from the boundary line for said Fort Chaffee along said existing Southerly Right of Way line, 75 feet Southwesterly of and parallel to said centerline North 80°48' West, 187 feet, more or less, to a point for the intersection of said existing Southerly Right of Way line with the Southerly Right of Way line for said relocation and being located 75 feet Southwesterly of and perpendicular distance from Sta. 596+00 on said centerline;

Thence along the Southerly Right of Way line for said relocation as follows: Perpendicular to said centerline, South 09°12' West, 25 feet to a point 100 feet Southwesterly of and perpendicular distance from Sta. 596+00 on said centerline;

Thence 100 feet Southwesterly of and parallel to said centerline, North 80°48' West, 700 feet to a point 100 feet Southwesterly of and perpendicular distance from Sta. 589+00 on said centerline;

Thence perpendicular to said centerline North 09°12' East, 25 feet to point in the existing Southerly Right of Way line and being located 75 feet Southwesterly of and perpendicular distance from Sta. 589+00 on said centerline;

Thence departing from the Southerly Right of Way line for said relocation along the existing Southerly Right of Way line as follows: 75 feet Southwesterly of and parallel to said centerline North 80°48' West, 839 feet to a point 75 feet Southwesterly of and perpendicular distance from P. T. Sta. 580+61 on said centerline;

Thence 75 feet Southwesterly of and concentric to the arc of a 02°00' curve on said centerline (radius = 2864.93 feet; tangent distance = 321 feet; central angle = 12°47') along a curve to the right 210.57 feet to a point 75 feet Southwesterly of and perpendicular distance from Sta. 578+55.8 on said centerline;

Thence perpendicular to said centerline North 13°18' East, 15 feet to a point for the intersection of said existing Southerly Right of Way line with the Southerly Right of Way line for said relocation, said point being 60 feet Southwesterly of and perpendicular distance from Sta. 578+55.8 on said centerline;

Thence departing from said existing Southerly Right of Way line along the Southerly Right of Way line for said relocation as follows: 60 feet Southwesterly of and concentric to the arc of a 02°00' curve on said centerline (radius = 2864.93 feet; tangent distance = 321 feet; central angle = 12°47') along a curve to the right 443.09 feet to a point 60 feet Southwesterly of and perpendicular distance from P. C. Sta. 574+21.8 on said centerline;

Thence 60 feet Southwesterly of and parallel to said centerline North 66°01' West, 313 feet, more or less, to a point in a Westerly boundary line for said Fort Chaffee, same being the common line between said Sections Nos. 5 & 6, Township 7 North, Range 30 West;

Thence departing from the Southerly Right of Way line for said relocation along said common section line, same being a Westerly boundary line for said Fort Chaffee North 129.41 feet to the point of beginning, containing 10.28 acres, more or less.

From the corner common to Sections Nos. 3, 4, 9, & 10, Township 7 North, Range 30 West, situated in a Northerly boundary line for Fort Chaffee, along the common line between said Sections Nos. 3 & 10, same being the Northerly boundary line for said Fort Chaffee East, 510.17 feet to the point of beginning, said point of beginning being the intersection of said Northerly boundary line with the Southerly Right of Way line for the relocation of State Highway No. 22 and being located 60 feet Southwesterly of and perpendicular distance from the centerline for said relocation;

Thence continuing along said common section line same being a Northerly boundary line for said Fort Chaffee East, 767.12 feet to a point in the Northerly Right of Way line for said relocation and being located 60 feet Northeasterly of and perpendicular distance from said centerline;

Thence along the boundary line for said Fort Chaffee, same being the Northerly Right of Way line for said relocation as follows: 60 feet Northeasterly of and parallel to said centerline, South 81°00' East, 2586.1 feet to a point 60 feet Northeasterly of and perpendicular distance from P. C. Sta. 744+51.1 on said centerline;

Thence 60 feet Northeasterly of and concentric to the arc of a 01°00' curve on said centerline (radius = 5729.65 feet; tangent distance = 118.4 feet; central angle = 02°22') along a curve to the right, 239.18 feet to a point 60 feet Northeasterly of and perpendicular distance from P. T. Sta. 746+87.8 on said centerline;

Thence 60 feet Northeasterly of and parallel to said centerline, South 78°38' East, 37.95 feet to a point for a Northeast corner of said Fort Chaffee and being located 60 feet Northeasterly of and perpendicular distance from said centerline;

Thence departing from said Northerly Right of Way line for said relocation, along an Easterly boundary line for said Fort Chaffee South 01°05' East, 122.89 feet to a point in the Southerly Right of Way line for said relocation and being located 60 feet Southwesterly of and perpendicular distance from said centerline;

Thence departing from the boundary line for said Fort Chaffee, along the Southerly Right of Way line for said relocation as follows: 60 feet Southwesterly of and parallel to said centerline, North 78°38' West, 84.44 feet to a point 60 feet Southwesterly of and perpendicular distance from P. T. Sta. 746+87.8 on said centerline;

Thence 60 feet Southwesterly of and concentric to the arc of a 01°00' curve on said centerline (radius = 5729.65 feet; tangent distance = 118.4 feet; central angle = 02°22') along a curve to the left, 234.22 feet to a point 60 feet Southwesterly of and perpendicular distance from P. C. Sta. 744+51.1 on said centerline;

Thence 60 feet Southwesterly of and parallel to said centerline; North 81°00' West, 3343.78 feet to the point of beginning, containing 9.03 acres, more or less.

Beginning at a Northeast corner for Fort Chaffee, said point of beginning being the intersection of said corner with the existing Southerly Right of Way line for State Highway No. 22, situated in the common line between said Section No. 10 and Section No. 11, Township 7 North, Range 30 West and being located 35 feet Southwesterly of and perpendicular distance from the centerline for the relocation of State Highway No. 22;

Thence along the boundary line for said Fort Chaffee, same being the common line between said Sections 10 & 11, South 25.50 feet to a point in the Southerly Right of Way line for said relocation and being located 60 feet Southwesterly of and perpendicular distance from said centerline;

Thence along said Right of Way line 60 feet Southwesterly of and parallel to said centerline, North 78°38' West, 335 feet, more or less, to a point for the intersection of said Southerly right of way line for said relocation with a North boundary line for said Fort Chaffee and being located 60 feet Southwesterly of and perpendicular distance from said centerline;

Thence along a Northerly boundary line for said Fort Chaffee South 82°55' East, 331 feet, more or less to the point of beginning, containing 0.09 acre, more or less.

From the Northwest corner of the NE¼ of said Section 17, Township 7 North, Range 29 West, situated in the Northerly boundary line for Fort Chaffee, same being the common line between Sections Nos. 17 and 8 of said Township 7 North, Range 29 West, along said common section line, same being the Northerly boundary line for said Fort Chaffee, East, 300 feet, more or less, to the point of beginning, said point of beginning being the intersection of said Northerly boundary line with the Southerly Right of Way line for the relocation of State Highway No. 22 and being located 75 feet Southwesterly of and perpendicular distance from the centerline of said relocation;

Thence continuing along said common section line, same being the Northerly boundary line for said Fort Chaffee, East 222.27 feet to a point in the Northerly Right of Way line for said relocation and being located 60 feet Northerly of and perpendicular distance from said centerline;

Thence along the Northerly Right of Way line for said relocation, 60 feet Northeasterly of and concentric to the arc of a 04°00' curve on said centerline, in a Southeasterly direction approximately 92 feet to a point in an Easterly boundary line for said Fort Chaffee;

Thence along said boundary line South 160 feet, more or less to a point in the Southerly Right of Way line for said relocation and being located 75 feet Southwesterly of and perpendicular distance from said centerline;

Thence along said Southerly Right of Way line as follows: 75 feet Southwesterly of and concentric to the arc of a 04°00' curve on said centerline, in a Northwesterly direction approximately 220 feet, more or less, to a point 75 feet Southwesterly of and perpendicular distance from P. C. Sta. 965+48.3 on said centerline;

Thence 75 feet Southwesterly of and parallel to said centerline North 52°36' West, 140 feet, more or less, to the point of beginning, containing 0.70 acre, more or less.

From the corner common to Sections Nos. 8, 9, 16 & 17 of said Township 7 North, Range 29 West, situated in the Northerly boundary line for Fort Chaffee, along the common line between said Sections 8 & 17, same being the Northerly boundary line for said Fort Chaffee, West 20 feet, more or less, to the point of beginning, said point of beginning being the intersection of the Northerly boundary line for said Fort Chaffee with the Southerly Right of Way line for the relocation of State Highway No. 22 and being located 60 feet Southeasterly of and perpendicular distance from Sta. 988+50.15 on the centerline for said relocation;

Thence along said Southerly Right of Way line for said relocation as follows: 60 feet Southeasterly of and parallel to said centerline, South 66°14' West, 718.05 feet to a point 60 feet Southeasterly of and perpendicular distance from P. T. Sta. 580+77.5 back, 981+32.1 ahead, on said centerline;

Thence 60 feet Southeasterly of and concentric to the arc of a 04°00' curve on said centerline in a Southwesterly direction approximately 245 feet to a point for the intersection of said Southerly Right of Way line for said relocation with the existing Southerly Right of Way line for said Highway No. 22 and being located 60 feet Southeasterly of and perpendicular distance from said centerline;

Thence departing from the Southerly Right of Way line for said relocation along the existing Southerly Right of Way in a Westerly direction approximately 580 feet to a point in a Northerly boundary line for said Fort Chaffee;

Thence along a boundary line for said Fort Chaffee as follows: East, 465 feet, more or less, to a point for a re-entrant corner of Fort Chaffee;

Thence North 70 feet, more or less, to a point in the Northerly Right of Way line for said relocation and being located 60 feet Northerly of and perpendicular distance from said centerline;

Thence along the Northerly Right of Way line for said relocation as follows: 60 feet Northwesterly of and concentric to the arc of a 04°00' curve on said centerline (radius = 1432.69 feet; tangent distance = 846.6 feet; central angle = 61°10') along a curve to the left 649.13 feet to a point 60 feet Northwesterly of and perpendicular distance from P. T. Sta. 980+77.5 back, 981+32.1, ahead on said centerline;

Thence 60 feet Northwesterly of and parallel to said centerline North 66°14' East, 444.55 feet to a point in the common line between said Sections 8 & 17 and being located 60 feet Northwesterly of and perpendicular distance from Sta. 985+76.65 on said centerline;

Thence along said common section line East, 297.76 feet to the point of beginning, containing 5.25 acres, more or less.

History. Acts 1997, No. 1260, § 2.

22-7-303. Description of land.

From and after passage of this subchapter, and upon receipt by the Governor of any subsequent surveys and descriptions of the lands and areas of Fort Chaffee prepared at the direction of the United States Army Corps of Engineers which may describe lands or areas which are erroneously described in this subchapter, or which may describe lands and areas which are omitted from the descriptions of lands and areas in this subchapter, the Governor is authorized to amend and correct the descriptions of said lands or areas so as to include such lands or areas within the jurisdiction of the State of Arkansas as is exercised over other lands generally within this state, by causing such subsequent surveys and descriptions to be filed with the Secretary of State and with the respective circuit clerks and recorders of Franklin, Logan, Sebastian, and Crawford Counties.

History. Acts 1997, No. 1260, § 3.

22-7-304. Resolution of discrepancies in description of land.

Any discrepancy in the descriptions set forth in this subchapter and in the descriptions of any subsequent surveys prepared by the United States Army Corps of Engineers shall be resolved and interpreted as to extend the legislative jurisdiction of the State of Arkansas over all lands within the borders of the State of Arkansas.

History. Acts 1997, No. 1260, § 4.

22-7-305. Filing requirement.

A copy of this subchapter shall be filed with the respective circuit clerks and recorders of Franklin, Logan, Sebastian, and Crawford Counties, Arkansas.

History. Acts 1997, No. 1260, § 5.

22-7-306. Construction of subchapter.

This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter proposes, purposes, or intends to alter, diminish, take, or enlarge any estate in lands, boundary between lands, interest in or title to any estate in lands which may be described in this subchapter as to any person, firm, corporation, government, political subdivision, or entity as to any interest in any estate in the lands and areas described herein, except to assert the sovereignty and jurisdiction of the State of Arkansas over said lands as it exercises over other lands generally within this state.
This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter proposes, purposes, or intends to determine, fix, compromise, confirm, cloud, affect, or settle any ownership, lien, boundary, claim, or interest in or title to any estate encompassed by the lands described in this subchapter as to any person, firm, corporation, government, political subdivision, or entity as to any interest in any estate in the lands and areas described herein, except to assert the sovereignty and jurisdiction of the State of Arkansas over said lands as it exercises over other lands generally within this state.
This subchapter shall not be construed or interpreted to the effect that the State of Arkansas by this subchapter accepts, assumes, or undertakes financial liability for the remediation of any lands or areas which may exist in violation of the environmental protection laws, rules, and regulations of the United States or of the State of Arkansas.

History. Acts 1997, No. 1260, § 6.

Chapter 8 Motor Vehicles

Subchapter 1 — General Provisions

22-8-101. Registration of state-owned motor vehicles — Report.

1. In order that a complete inventory of all state-owned motor vehicles is maintained, every state agency, including the Arkansas Department of Transportation, the Arkansas State Game and Fish Commission, the Division of Arkansas State Police, the Arkansas National Guard, and all constitutional offices shall annually register each motor vehicle owned by the State of Arkansas with the Secretary of the Department of Finance and Administration in a manner prescribed by the secretary.
2. The registration shall include a description of each motor vehicle, including the year, make, model, license number, vehicle identification number, and other information which the secretary might require.
3. Whenever any state agency sells or disposes of a motor vehicle, a complete record thereof shall be furnished to the secretary as authorization for the removal of the vehicle from the official state inventory.
4. Whenever any state agency acquires a new or additional motor vehicle, the information required by this subsection to be placed in the state inventory shall be furnished to the secretary within ten (10) days after the acquisition of the vehicle by the agency.
5. The secretary shall keep the inventory of motor vehicles owned by the State of Arkansas and its agencies current at all times, categorized in accordance with the motor vehicles owned by each of the respective state agencies.
1. The secretary shall make an annual report to the Legislative Council as to the number of motor vehicles owned by the State of Arkansas.
2. The report shall include a comparison of the current inventory of motor vehicles with an inventory of the preceding year.

History. Acts 1977, No. 455, §§ 1, 2; A.S.A. 1947, §§ 14-524, 14-525; Acts 2017, No. 707, § 83; 2019, No. 910, § 3502.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” and “Secretary” for “Director” in (a)(1); and substituted “secretary” for “director” throughout the section.

22-8-102. Leasing and renting of vehicles by state agencies — Definitions.

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. 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.
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.
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.
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.

History. Acts 1977, No. 455, § 3; A.S.A. 1947, § 14-526; Acts 2001, No. 588, § 1; 2019, No. 417, § 10.

A.C.R.C. Notes. Acts 2019, No. 417, § 11, provided: “Rules.

“(a) When adopting the initial rules required under this act, the State Procurement Director shall file the final rules with the Secretary of State for adoption under § 25-15-204(f):

“(1) On or before January 1, 2020; or

“(2) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.

“(b) The director shall file the proposed rules with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rules for approval before January 1, 2020”.

Amendments. The 2001 amendment added (a) and redesignated the remaining subsections accordingly; substituted “request to the State Procurement Director” for “request therefor to the Director of the Office of State Purchasing of the Department of Finance and Administration” in (b)(1); substituted “the director” for “the Director of the Office of State Purchasing of the Department of Finance and Administration” in (b)(1), (b)(2), and (b)(3); substituted “the director” for “the Director of the Office of Purchasing” in (b)(4) and (c); and made minor stylistic changes throughout.

The 2019 amendment added (a)(3); inserted “state” twice in (b)(1) and once in (b)(2); substituted “the proposed lease has been reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee” for “he or she has first received the approval of the Legislative Council” in (b)(2); in (b)(3), substituted “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” for “After receiving the approval of the Legislative Council”, and deleted “then” following “which may”; deleted (b)(4); added (d) and (e); and made stylistic changes.

22-8-103. Penalty for noncompliance with §§ 22-8-101 and 22-8-102.

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

History. Acts 1977, No. 455, § 4; A.S.A. 1947, § 14-527.

Cross References. Term of imprisonment, § 5-4-401(b)(2).

22-8-104. Private use of state or county vehicles — Penalty.

It shall be unlawful for any state or county employee who is employed by the Arkansas Department of Transportation or by a county highway department, county judge, or road commissioner to use trucks and automobiles that belong to the state or county for any purpose other than performing actual service for the state or county.
The use of publicly owned cars and trucks for individual use to make pleasure trips on Sundays and other holidays, except when going to and from the place of employment or transporting tools, material, and other supplies to places of necessity, is prohibited.
The provisions of this section shall not be so construed as to prevent judges and road commissioners from making road inspection trips when the judge or road commissioner deems the inspections necessary.
Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars ($50.00) and not more than one hundred dollars ($100).

History. Acts 1941, No. 318, §§ 1, 2; A.S.A. 1947, §§ 14-501, 14-502; Acts 2017, No. 707, § 84.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Cross References. Funding restrictions for state passenger motor vehicles, § 19-4-906.

22-8-105. Global positioning devices on certain state-owned vehicles — Definition.

As used in this section, “global positioning device” means a device that can access a global navigation satellite system or that uses radio frequency information technology and provides reliable location and time information and is capable of recording the travel and location of a vehicle.
1. A global positioning device may be installed on a state-owned vehicle.
2. Each state agency, board, or commission may keep records of its vehicles' travels and locations as recorded by the global positioning device.
1. The records kept by a state agency, board, or commission under this section are subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
2. However, disclosure shall not be made for the travels or locations of any state-owned vehicle under this section until thirty (30) days have elapsed after the travel or after the state-owned vehicle was at the location.
The records kept by a state agency, board, or commission under this section are subject to audit by Arkansas Legislative Audit and shall be kept for at least five (5) years.
Each state agency, board, or commission that uses global positioning devices on its vehicles may promulgate rules for the implementation and administration of this section.

History. Acts 2011, No. 1161, § 1.

Subchapter 2 — Automobile and Pickup Truck Acquisition Act for the State of Arkansas

Cross References. Motor vehicle restrictions, § 19-4-906.

Travel regulations, § 19-4-901.

Effective Dates. Acts 1983, No. 493, § 16: Mar. 17, 1983. Emergency clause provided: “It has been found and determined by the Seventy-Fourth General Assembly that certain parts of this act are necessary for immediate effectiveness in order to promulgate rules and regulations, to establish procedures for implementing the provisions of this act and to maintain the fiscal integrity of the state. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (1st Ex. Sess.), No. 68, § 33: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1989 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1989 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1993, No. 108, § 5: Feb. 11, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that authorizing the payment of costs associated with the renovation of State Police motor vehicles from the Motor Vehicle Acquisition Revolving Fund is economically beneficial to the State of Arkansas, and the savings realized from such renovations will allow the Arkansas Department of State Police to replace high mileage and possibly dangerous motor vehicles sooner. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from its passage and approval.”

Acts 2003, No. 656, § 10: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that proper and effective management requires that changes to the finance and accounting laws of the state begin on the first day of the fiscal year; that the changes being made are important to the financial well being of the state particularly during the difficult financial climate the state is currently facing; and that this act is immediately necessary to allow for the finance and accounting changes to go into effect on the first day of the fiscal year for the proper and effective management of this state. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2013, No. 1405, § 3: Apr. 23, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the failure to include provisions for the payment of state and local sales and use taxes in the conditions for appropriation transfers under the Automobile and Pickup Truck Acquisition Act for the State of Arkansas may cause funding shortages and work irreparable harm upon the proper administration and provision of essential government services or programs. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

22-8-201. Title.

This subchapter may be known as the “Automobile and Pickup Truck Acquisition Act for the State of Arkansas”.

History. Acts 1983, No. 493, § 1; A.S.A. 1947, § 14-528.

22-8-202. Purpose.

The purpose of this subchapter is to establish procedures for the acquisition, disposal, and reassignment by the Department of Finance and Administration of automobiles and pickup trucks, as defined in § 22-8-203, to be acquired, owned, or otherwise disposed of by certain state agencies, boards, commissions, departments, and institutions of higher education.

History. Acts 1983, No. 493, § 2; A.S.A. 1947, § 14-529.

22-8-203. Definitions.

As used in this subchapter:

“Automobile” means a motorized vehicle equipped with pneumatic tires used for the transportation of persons, as commonly known and recognized by the Revenue Division, as a pleasure vehicle for licensing purposes as established by § 27-14-601(a)(1);
“Emergency vehicle” means an automobile or pickup truck used in law enforcement or for protection of the public peace and health of the citizens of Arkansas;
1. “Law enforcement agency” means a police force or organization whose primary responsibility as established by statute or ordinance is the enforcement of the criminal, traffic, or highway laws of this state.
2. “Law enforcement agency” does not include the Arkansas Highway Police Division of the Arkansas Department of Transportation;
“Pickup truck” means a motorized vehicle equipped with pneumatic tires which are regularly and commonly rated as having a load capacity not exceeding three-fourths (¾) ton, as recognized by the Revenue Division, for licensing purposes for trucks and trailers as established in § 27-14-601(a)(3)(A);
“State agency” means a state agency, board, commission, department, or institution of higher education which derives any financial support from the fund accounts enumerated in §§ 19-5-302 — 19-5-304, 19-5-306, 19-5-307, 19-5-1011, 19-6-404, 19-6-411, and 25-4-117;
“State Vehicle Inventory and Control System” means an automated system maintained by the Department of Finance and Administration to record and control the size and composition of the state's vehicle fleet and to accumulate historical data on the costs associated with the vehicle fleet; and
“Vehicle” or “motor vehicle” means an automobile or pickup truck as defined in this section, unless used out of context in implementing the purposes and intent of this subchapter.

History. Acts 1983, No. 493, § 3; A.S.A. 1947, § 14-530; Acts 2013, No. 311, § 1; 2017, No. 707, § 85.

Amendments. The 2013 amendment inserted present (3) and redesignated the remaining subdivisions accordingly.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (3)(B).

22-8-204. Applicability.

This subchapter shall not apply to the elected constitutional officers of the state, to the moneys appropriated by the General Assembly for financing the statutory responsibilities of these officers, to the Arkansas Department of Transportation, nor to any local political subdivision.

History. Acts 1983, No. 493, § 4; A.S.A. 1947, § 14-531; Acts 2017, No. 707, § 86.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

22-8-205. Allocation of vehicles — Priority listing.

Each state agency requesting the acquisition of an automobile or pickup truck shall:
1. Have its existing automobiles and pickup trucks included on the state vehicle inventory and control system;
2. Not exceed the number of motor vehicles as authorized by law for the agency; and
3. Submit a schedule as required for replacing its automobiles or pickup trucks reflecting each vehicle's historical information, the need for replacement, and the disposition of the existing vehicle.
From the information provided by state agencies requesting the acquisition of automobiles or pickup trucks, the Department of Finance and Administration shall prepare a prioritized ranking for the then-current fiscal year based upon:
1. Age of the vehicle to be replaced;
2. Actual and projected mileage of the vehicle to be replaced;
3. A history of repair costs of the vehicle to be replaced;
4. Number and average age of each state agency's fleet of vehicles; and
5. Condition of state agency fleet and cost of maintenance of its vehicles.
The Secretary of the Department of Finance and Administration, through the Marketing and Redistribution Section, shall have the authority to reassign a vehicle from a state agency to another state agency based upon need, age, condition, utilization, and justification but not to decrease a state agency's actual number of vehicles owned.
The secretary shall review the schedule of prioritized ranking for acquiring vehicles, and he or she shall have the authority to make changes, as he or she deems necessary, to the priority listing. He or she shall then forward the priority listing to the Governor for his or her approval or modification.
Upon securing the Governor's approved priority listing for acquisition of motorized vehicles, the secretary shall then proceed to acquire the vehicles, and he or she shall ensure that the replaced vehicle is transferred to the Marketing and Redistribution Section within thirty (30) days for disposal.

History. Acts 1983, No. 493, § 5; A.S.A. 1947, § 14-532; Acts 2019, No. 910, § 3503.

Amendments. The 2019 amendment substituted “Secretary” for “Director” in (c), and substituted “secretary” for “director” in (d).

22-8-206. Purchase of automobiles.

The Secretary of the Department of Finance and Administration shall purchase vehicles for state agencies from moneys as appropriated and made available by the General Assembly.
There is created and established upon the financial records of the Department of Finance and Administration, the Treasurer of State, and the Auditor of State a fund to be known as the “Motor Vehicle Acquisition Revolving Fund”, which shall be used for the purpose of acquiring motor vehicles as authorized by this subchapter.
1. The Motor Vehicle Acquisition Revolving Fund shall be financed by its proportionate share of moneys made available from:
  1. The allocation of general revenues as authorized by the Revenue Stabilization Law, § 19-5-101 et seq.;
  2. Moneys made available upon the disposal of used vehicles, which moneys shall be deposited to the credit of the Motor Vehicle Acquisition Revolving Fund rather than being deposited to the owning state agency's fund;
  3. Deposits of moneys from benefitting state agencies; and
  4. Transfers from other State Treasury funds and fund accounts of benefitting state agencies.
2. Upon approval by the Chief Fiscal Officer of the State, the appropriation and funds shall be transferred from the Motor Vehicle Acquisition Revolving Fund to the designated appropriation and fund of the state agency.
1. If the secretary determines that a state agency has sufficient funding from sources other than general revenues that may be used to purchase vehicles requested by the state agency, he or she shall transfer on his or her books and on the books of the Auditor of State and the Treasurer of State an amount that is equal to the price of the vehicles and that includes applicable state and local sales and use taxes from the fund from which the funding is available to the Motor Vehicle Acquisition Revolving Fund.
2. Upon approval by the Chief Fiscal Officer of the State, an amount appropriated to the Motor Vehicle Acquisition Revolving Fund under subdivision (d)(1) of this section shall be transferred from the Motor Vehicle Acquisition Revolving Fund to the designated appropriation of the state agency.
3. If the funds are held in depositories other than the State Treasury, the administrative head of the affected state agency shall issue a check drawn against the funds, which shall be deposited into the Motor Vehicle Acquisition Revolving Fund as a nonrevenue receipt.
After seeking the advice of the Legislative Council, in order to effectuate the intent and purposes of this subchapter, the Chief Fiscal Officer of the State shall have the authority to transfer:
1. Appropriations from the Property Sales Holding Fund to the Motor Vehicle Acquisition Revolving Fund; and
2. Appropriations or funds from the Motor Vehicle Acquisition Revolving Fund to the designated state agency appropriation and fund from which the payment for the purchase of vehicles including state and local sales and use taxes is to be made.
The Department of Human Services is hereby exempt from this section insofar as federal funds and state general revenues necessary to match the federal funds may be transferred to the Motor Vehicle Acquisition Revolving Fund when the director has determined that the Department of Human Services has sufficient funding that may be used to purchase requested vehicles.

History. Acts 1983, No. 493, §§ 6, 8, 10-12; A.S.A. 1947, §§ 14-533, 14-535, 14-537 — 14-539; Acts 1989 (1st Ex. Sess.), No. 68, § 23; 2003, No. 656, § 9; 2005, No. 1180, § 1; 2013, No. 1405, §§ 1, 2; 2019, No. 910, § 3504.

A.C.R.C. Notes. Acts 1993, No. 508, § 12, provided:

“At least fifty percent (50%) of the general revenues deposited each fiscal year into the Motor Vehicle Acquisition Revolving Fund shall be used for motor vehicle purchases and/or motor vehicle renovation costs for the Department of Arkansas State Police.”

Acts 2015, No. 870, § 16, provided:

“MOTOR VEHICLE ACQUISITION REVOLVING FUND — MOTOR VEHICLE. PURCHASES/RENOVATION. At least fifty percent (50%) of the general revenues and/or general improvement funds deposited into the Motor Vehicle Acquisition Revolving Fund shall be used for motor vehicle purchases and/or motor vehicle renovation costs for the Department of Arkansas State Police.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Amendments. The 2003 amendment added (c)(2); in present (c)(1), added the subdivision designations and made stylistic changes; inserted present (d)(2); redesignated former (d)(2) as (d)(3); and made stylistic changes in (d)(1) and (3).

The 2005 amendment substituted “§ 22-8-203(4)” for “§ 22-8-203(3)” in (d)(1); deleted former (e); redesignated former (f) and (g) as present (e) and (f); rewrote present (e)(2); and made a minor stylistic change.

The 2013 amendment, in (d)(1), substituted “If” for “In the event that,” and deleted “as defined by § 22-8-203(4),” and inserted “state” preceding “agency,” “that is” preceding “equal to the price,” and “and that includes applicable state and local sales and use taxes”; in (d)(2), inserted “an amount appropriated to,” and substituted “under subdivision (d)(1) of this section” for “appropriation”; substituted “If” for “In the event that” in (d)(3); and inserted “including state and local sales and use taxes” in (e)(2).

The 2019 amendment substituted “Secretary” for “Director” in (a).

Cross References. Motor Vehicle Acquisition Revolving Fund, § 19-5-1002.

Revenue Stabilization Law, § 19-5-101 et seq.

22-8-207. Purchase from qualified vendors.

The Secretary of the Department of Finance and Administration shall have the authority to purchase new or used vehicles from qualified vendors in accordance with the Arkansas Procurement Law, § 19-11-201 et seq.

History. Acts 1983, No. 493, § 9; A.S.A. 1947, § 14-536; Acts 2019, No. 910, § 3505.

Amendments. The 2019 amendment substituted “Secretary” for “Director”.

22-8-208. Vehicle ownership.

Vehicles acquired or assigned under the provisions of this subchapter shall be the property of the state agency to which the vehicle is assigned, and legal title to the vehicle is to rest with the agency.

History. Acts 1983, No. 493, § 7; A.S.A 1947, § 14-534.

22-8-209. Rules.

The Secretary of the Department of Finance and Administration, through his or her disbursing officer, is authorized to promulgate such rules as deemed necessary to implement the provisions and intent of this subchapter.

History. Acts 1983, No. 493, § 13; A.S.A 1947, § 14-540; Acts 2019, No. 315, § 2370; 2019, No. 910, § 3506.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “Rules” in the section heading and made a similar change in the section text.

The 2019 amendment by No. 910 substituted “Secretary” for “Director”.

22-8-210. Motor vehicle renovation.

Funds deposited into the Motor Vehicle Acquisition Revolving Fund created by § 19-5-1002(a) and § 22-8-206(b), which may be made available for the purchase of motor vehicles for the Division of Arkansas State Police, may in addition be made available and used for expenses associated with the renovation of state police motor vehicles.
If the Director of the Division of Arkansas State Police determines the cost associated with renovating or repairing state police motor vehicles is economically beneficial, he or she shall contract with a qualified vendor and, when invoiced, shall submit said invoice to the Chief Fiscal Officer of the State, who shall direct payment from moneys set aside in the fund for the division.

History. Acts 1993, No. 108, § 1; 2019, No. 910, § 6025.

Amendments. The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a) and (b); and substituted “division” for “department” at the end of (b).

22-8-211. Emergency vehicles — Limited use for out-of-state travel.

If requested by a law enforcement officer, a law enforcement agency may allow a law enforcement officer employed by the law enforcement agency to use an emergency vehicle owned by the law enforcement agency to travel outside the State of Arkansas for the funeral of a:
1. Law enforcement officer;
2. Victim of a crime; or
3. Witness to a crime.
1. If a law enforcement agency approves a law enforcement officer's request under this section to travel to a funeral and the law enforcement agency will pay for the travel with state funds, the law enforcement agency shall consider the cost to the law enforcement agency for travel by:
  1. Emergency vehicle; and
  2. Commercial airplane.
2. If the law enforcement agency approves the law enforcement officer's request to travel to the funeral, the law enforcement agency shall approve the least costly means of transportation under subdivision (b)(1) of this section.

History. Acts 2013, No. 311, § 2.

Chapter 9 Public Works

Subchapter 1 — General Provisions

Cross References. County judge not to be interested party in contracts concerning public buildings, § 16-15-110.

Projects exceeding two million dollars, § 14-58-1001.

Effective Dates. Acts 1939, No. 335, § 4: approved Mar. 16, 1939. Emergency clause provided: “That in order to safeguard life, health and property, and to promote welfare, an emergency is hereby declared to exist and this act shall take effect immediately upon its passage.”

Acts 1971, No. 104, § 4: Feb. 17, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that greater control should be exercised over the expenditures of cash funds by agencies, departments and institutions of the state for construction purposes; that this act is designed to provide such controls and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 273, § 3: Feb. 28, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that greater control should be exercised over the expenditures of cash funds by agencies, departments and institutions of the state for construction purposes; that this act is designed to provide such controls and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Research References

ALR.

Statute or ordinance requiring, or giving preference to, employment of residents by contractors or subcontractors engaged in public works or improvement projects. 36 A.L.R.4th 941.

Amount of appropriation as limitation on damages for breach of contract recoverable by one contracting with government agency. 40 A.L.R.4th 998.

22-9-101. Observation by registered professionals required.

The state or a township, county, municipality, village, or other political subdivision of the state shall not engage in the capital improvement of public works involving engineering or architecture for which the plans, specifications, and estimates have not been made by and the capital improvement executed under the observation of a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102, in their respective areas of expertise.
Nothing in this section shall be held to apply to any public works wherein the contemplated capital improvement expenditure:
1. For an engineering project does not exceed twenty-five thousand dollars ($25,000); or
2. For an architectural project does not exceed one hundred thousand dollars ($100,000).
This section does not apply to:
1. A school district, county, municipality, or township project that is planned and executed according to plans and specifications furnished by authorized state agencies; or
2. 1. The design or construction of an unpaved trail project as defined under § 22-2-102.
  2. The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (c)(2) meets the standards for observation by registered professionals as established by the Building Authority Division.

History. Acts 1939, No. 335, §§ 1, 2; 1985, No. 321, § 1; A.S.A. 1947, §§ 14-601, 14-602; Acts 1993, No. 284, § 1; 1995, No. 1108, § 3; 2007, No. 471, § 1; 2011, No. 897, § 16; 2018 (2nd Ex. Sess.), No. 5, § 4; 2018 (2nd Ex. Sess.), No. 12, § 4; 2019, No. 910, § 6235.

Amendments. The 2011 amendment, in (a), substituted “a professional engineer as defined in § 17-30-101 or architect as defined in § 17-15-102” for “a registered professional engineer or architect” and deleted “who are licensed to practice under the laws of Arkansas” following “areas of expertise”.

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 5 and 12 redesignated former (c) as the introductory language of (c) and (c)(1); substituted “does” for “shall” in the introductory language of (c); and added (c)(2).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (c)(2)(B).

22-9-102. [Repealed.]

Publisher's Notes. This section, concerning employment of Arkansas citizens, was repealed by Acts 1993, No. 645, § 2. The section was derived from Acts 1933, No. 261, §§ 1-4; Pope's Dig., §§ 8533-8536; Acts 1941, No. 421, § 1; A.S.A. 1947, §§ 14-607 — 14-610.

22-9-103. Authorization for state agency to commit cash funds for construction — Penalty.

1. It shall be unlawful for any agency, department, or institution supported by state-appropriated funds or cash funds to expend any cash funds of the agency for the construction of a building or to incur any obligation committing or pledging the cash funds of the agency for the construction of a building unless the agency, department, or institution has previously obtained specific authorization by legislative enactment for the construction of the building to be paid, wholly or in part, from cash funds of the agency.
2. If the agency does not have specific legislative authority to construct a building from cash funds, the agency, department, or institution shall first obtain specific legislative authorization for the construction of the building prior to the expending of any cash funds of the agency, or prior to entering into any contract or agreement with respect to constructing any building to be paid from cash funds of the agency.
In the interim between legislative sessions, authorization for the construction of buildings and for the expending of cash funds of the agency therefor may be given by the Governor, in writing.
Nothing in this section shall apply to public school districts.
Any board, commission, or authorized head of any agency, department, or institution which shall expend any cash funds of the agency in violation of the provisions of this section shall be guilty of malfeasance in office and shall be removed therefrom.

History. Acts 1971, No. 104, §§ 1-3; 1977, No. 273, § 1; A.S.A. 1947, §§ 14-649 — 14-651.

22-9-104. Proposed capital expenditures — Definition.

Prior to the convening of regular sessions of the General Assembly, each state agency, department, or institution shall submit a proposed capital expenditures request which shall:
1. Identify each public works construction project proposed to be constructed or obligated by construction contract by the governmental body during the next biennial period of the state;
2. Indicate a method of financing the construction through state appropriation, federal grants, revenue bonds, or revenue notes provided by law, the use of agency or institutional receipts, the use of donated funds from private sources, or a combination of one (1) or more such sources; and
3. Be accompanied by estimates of the cost of maintaining and operating the capital improvement facility once constructed.
After appropriate hearings and review, the General Assembly shall designate each proposed capital expenditure for construction which has been approved and the method of financing the proposed capital expenditure.
Proposed capital expenditure projects shall not be undertaken until approved by the General Assembly.
1. In unusual circumstances between sessions of the General Assembly, a state agency, department, or institution which needs to make a capital expenditure in excess of two hundred fifty thousand dollars ($250,000), which has not been approved by the General Assembly, may submit a request for the expenditure to the Chief Fiscal Officer of the State, who shall review the request and submit his or her recommendation for the method of finance for the expenditure to the Legislative Council for its advice and recommendation.
2. Upon obtaining the advice and recommendation of the Legislative Council, the state agency, department, or institution is authorized to proceed with the capital expenditure, subject to the provisions of the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., and other fiscal laws of the state.
As used in this section, “public works construction project” means the purchase or construction of all lands, buildings, structures, utility systems, and similar facilities for the use of the governmental body filing the request but shall not include projects involving less than two hundred fifty thousand dollars ($250,000).
Nothing in this section shall apply to public school districts.

History. Acts 1971, No. 104, § 3; 1977, No. 273, § 1; A.S.A. 1947, § 14-651; Acts 1999, No. 776, § 1.

Amendments. The 1999 amendment substituted “two hundred fifty thousand dollars ($250,000)” for “fifty thousand dollars ($50,000)” in (d)(1) and (e); deleted “or the mere repair, alteration, or renovation of facilities” at the end of (e); and made stylistic changes.

22-9-105. Poor contractual performance — Additional bids prohibited.

1. A firm that has an existing state contract with a state agency shall not bid on any additional state contracts with a state agency if the firm's existing state contract with a state agency has one (1) or more material issues, including without limitation a material delay in the commencement or completion of a project or a breach of contract.
2. 1. If a state agency determines that an existing state contract with a firm has one (1) or more material issues under this section, the firm may appeal the state agency's determination to the State Procurement Director.
  2. The decision of the director regarding an appeal under this subsection is final and conclusive.
  3. The director shall adopt rules to establish the process and procedure for appeals under this subsection.
As used in this section, “state agency” means the same as defined in § 22-2-102.
The Secretary of the Department of Finance and Administration shall adopt rules to provide guidance on what is considered to be a material issue under subsection (a) of this section.

History. Acts 2019, No. 422, § 2.

Subchapter 2 — Award of Contracts

A.C.R.C. Notes. Identical Acts 2016 (3rd Ex. Sess.), Nos. 2 and 3, § 1, provided:

“(a) The General Assembly finds:

“(1) State government provides vital functions that impact the lives of Arkansas citizens on a daily basis;

Effective Dates. Acts 1949, No. 159, § 6: approved Feb. 23, 1949. Emergency clause provided: “Since numerous complaints have been made with regard to the manner of letting contracts for construction for the state and local taxing units and it being the belief that passage of this act will result in substantial savings of money to the public, and the possibility of unethical practices will be materially eliminated and this act, being necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage.”

Acts 1957, No. 183, § 2: Mar. 8, 1957. Emergency clause provided: “Because of the large volume of proposed construction by taxing agencies, and the confusion that now exists on a large scale because the general contractor does not have full responsibility for all the work to be performed to the detriment of all concerned, an emergency is therefore declared to exist and this act being necessary for the preservation of the public peace, health and safety, shall take effect and be in full force from and after its passage and approval by the Governor.”

Acts 1961, No. 477, § 2: Mar. 16, 1961. Emergency clause provided: “It is hereby found and declared that because of the large volume of proposed construction by taxing agencies and the confusion that now exists on a large scale concerning the handling of subcontractors' bids to the detriment of contractors, subcontractors, the taxing agencies and the public, the clarification made by this act is immediately needed to eliminate said confusion and resulting harmful effects on the public peace, health, safety and welfare. By reason thereof, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1969, No. 135, § 4: became law without Governor's signature, Mar. 3, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that many contractors performing construction or repair contracts for public authorities in this state are often subject to undue and unnecessary delay in receiving payment for such contracts upon completion and acceptance thereof; that because of such unnecessary delays in making payment such contractors are subject to additional expense in borrowing funds to pay creditors which was not contemplated at the time the contract was entered into; that in most instances the delay in making payments is not due to the lack of public funds, but is merely the result of carelessness or inaction on the part of the public authority owing the claim; and that the immediate passage of this act is necessary in order to encourage public authorities to make prompt payment of such claims or to permit the contractor to recover interest on the amount unpaid to compensate him for additional expense incurred because of such delay; and that the immediate passage of this act is necessary to correct this situation. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 758, § 6: Apr. 7, 1987. Emergency clause provided: “It is hereby found and declared that because of the large volume of proposed construction by taxing agencies and the confusion that now exists on a large scale concerning the handling of Bidding Procedures, to the detriment of contractors, subcontractors, the taxing agencies and the public, that the clarification made by this act is immediately needed to eliminate said confusion and resulting harmful effects on the public peace, health, safety and welfare. By reason thereof, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1987, No. 759, § 3: Apr. 7, 1987. Emergency clause provided: “It is hereby found and declared that because of the large volume of proposed construction by taxing agencies and the confusion that now exists on a large scale concerning the handling of subcontractor bids, to the detriment of contractors, subcontractors, the taxing agencies and the public, that the clarification made by this Act is immediately needed to eliminate said confusion and resulting harmful effects on the public peace, health, safety and welfare. By reason thereof, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1989, No. 936, § 4: Mar. 24, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly of the State of Arkansas that the lack of civil penalties for violations of the public contracting laws reduces the effectiveness of those laws and that the effectiveness of the laws dealing with awarding of public works contracts serves an important public purpose. Therefore, in order to increase the effectiveness of the enforcement of the public works contracting laws, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 291, § 6: Mar. 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the well-being of Arkansas' craft workers are unnecessarily exposed to the hazards of trench excavation and the immediate passage of this act is necessary in order to protect the health and safety of the Arkansas worker. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1229, § 8: Apr. 12, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that under present law it is unclear whether public construction projects conducted by State Building Services or other State agencies are subject to the payment of local construction fees, inspection by local inspectors, local zoning laws and other local regulations; that it is urgent that this matter be clarified immediately in order to protect the State from unnecessary restrictions on State construction projects and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 859, § 5: Mar. 15, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that requirements in plans and specifications which require bidders and suppliers to hold membership in certain professional organizations limit the number of eligible bidders and suppliers for projects; that by requiring bidders and suppliers to hold membership in professional organizations, an entity may increase the possibility of certain bidders and suppliers receiving projects, which is an inequitable outcome; and that the state of Arkansas and its citizens will benefit from enhanced competition for bidders and suppliers on public construction projects. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 147, § 4: Feb. 23, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that an immediate need exists to allow municipal utilities to fulfill their duties to purchase commodities and enter into legal and enforceable contracts for services to maintain and operate utility facilities on federal military installations within the state; that the window of opportunity for municipalities to enter into third party contracts for maintaining and operating utility facilities serving the utility needs of federal military installations is narrow; that the effective operation of federal military installations in the state depends on the maintenance and operation of these utility facilities; and that this act is immediately necessary because national security and the general welfare, material wellbeing, and economic stability of the citizens of this state will be furthered by this act. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

ALR.

Right of bidder for state or municipal contract to rescind bid on ground of mistake. 2 A.L.R.4th 991.

Statute prohibiting award of government contract to person or business entity previously convicted of bribery or attempting to bribe state public employee. 7 A.L.R.4th 1202.

Waiver of competitive bidding requirements for state and local public building and construction contracts. 40 A.L.R.4th 968.

Am. Jur. 64 Am. Jur. 2d, Pub. Works, § 22 et seq.

C.J.S. 73A C.J.S., Pub. Contr., § 14 et seq.

22-9-201. Applicability of §§ 22-9-202 — 22-9-204.

The provisions of §§ 22-9-202 — 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207.
The provisions of § 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction.
1. 1. The notice and bid security provisions of §§ 19-4-1401, 19-4-1405, and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
  2. Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.
2. 1. The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
  2. If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contract to the next lowest responsible bidder.
3. “Emergency contracting procedures” means the acquisition of services and materials for capital improvements, including without limitation acquisitions funded in whole or in part with insurance proceeds, that are in accordance with the minimum standards and criteria of the Building Authority Division.
4. Emergency contracting procedures may include sole sourcing or competitive quote bids.
5. The Secretary of the Department of Transformation and Shared Services or a designee may make or authorize others to make emergency contracting procedures as defined in subdivision (c)(3) of this section and in accordance with the minimum standards and criteria of the division.
To the extent that federal purchasing laws or bidding preferences conflict, this subchapter does not apply to projects related to supplying water or wastewater utility services, operations, or maintenance to a federal military installation by a municipality of the state.

History. Acts 1949, No. 159, § 5; 1977, No. 370, § 2; A.S.A. 1947, § 14-614n; Acts 1999, No. 776, § 2; 2001, No. 162, § 1; 2007, No. 471, § 2; 2011, No. 782, § 1; 2015, No. 147, § 3; 2019, No. 910, §§ 6236, 6237.

Amendments. The 1999 amendment added (c).

The 2001 amendment, in (b), inserted “the state or any agency thereof,” and substituted “landfills” for “landfill” and “water lines” for “waterline”; redesignated former (c), (c)(1) and (c)(2) as present (c)(1), (c)(3) and (c)(5) respectively; inserted present (c)(2) and (c)(4); substituted “22-9-203 pertaining to the project amount and the time frames of the advertisement” for “22-9-204” in present (c)(1); and substituted “(c)(3)” for “(c)(1)” in present (c)(5).

The 2011 amendment inserted “including without limitation acquisitions funded in whole or in part with insurance proceeds” in (c)(3).

The 2015 amendment added (d).

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (c)(3); and substituted “Secretary of the Department of Transformation and Shared Services” for “Director of the Department of Finance and Administration” in (c)(5).

22-9-202. Construction of this section and §§ 22-9-203 and 22-9-204.

It is the intent of this section and §§ 22-9-203 and 22-9-204 to provide a uniform procedure that a taxing unit shall follow when work is done under formal contract.
1. This section and §§ 22-9-203 and 22-9-204 do not:
  1. Prevent a taxing unit from performing any of the work or making any of the improvements referred to in this section and §§ 22-9-203 and 22-9-204 by the use of its own employees; or
  2. Require that bids must be received from a contractor as a condition precedent to the right to use the taxing unit's own employees.
2. This section and §§ 22-9-203 and 22-9-204 do not prevent a county government from separately procuring:
  1. Commodities in accordance with § 14-22-101 et seq.;
  2. Professional services in accordance with § 19-11-801 et seq.; or
  3. Construction work from one (1) or more separate contractors under separate contract or invoice so that the work is not included in calculating the bid requirement threshold of thirty-five thousand dollars ($35,000).
This section and §§ 22-9-203 and 22-9-204 do not amend or repeal any law that requires the publication of notice in those instances in which the estimated amount of the cost of the proposed improvements within the scope of the contract is more than thirty-five thousand dollars ($35,000).

History. Acts 1949, No. 159, § 4; A.S.A. 1947, § 14-614; Acts 2011, No. 618, § 1; 2013, No. 494, § 1; 2017, No. 725, §§ 1, 2.

Publisher's Notes. Acts 1949, No. 159, § 5, as amended by Acts 1977, No. 370, § 2, provided that the provisions of §§ 22-9-202 — 22-9-204 would not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of Acts 1929, No. 65, as amended, and laws supplemental and amendatory thereto and that the provisions of § 22-9-204 would not apply to projects designed to provide utility needs of a municipality or county. Those projects included, but were not limited to, pipeline installation, sanitary projects, light earth work, and foundation work, local flood control, sanitary landfill, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction, sewage and water works, and improvements to street and highway construction.

Amendments. The 2011 amendment rewrote the section.

The 2013 amendment, in (a), substituted “that” for “to be followed by,” inserted “shall follow” and deleted “to be” preceding “done”; rewrote (b); and inserted “within the scope of the contract” in (c).

The 2017 amendment substituted “thirty-five thousand dollars ($35,000)” for “twenty thousand dollars ($20,000)” in (b)(2)(C); and substituted “more than thirty-five thousand dollars ($35,000)” for “less than twenty thousand dollars ($20,000)” in (c).

22-9-203. Public improvements generally — Award procedure.

Except as provided under § 14-58-105, a contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall not be entered into by the state or an agency of the state or by a county, municipality, school district, or other local taxing unit with any contractor in instances in which all estimated costs of the work exceed the sum of thirty-five thousand dollars ($35,000) unless:
1. The state or any agency of the state shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks for projects more than the amount of fifty thousand dollars ($50,000) and published notice of its intention to receive bids one (1) time each week for not less than one (1) week for projects more than the quote bid limit, as provided under the minimum standards and criteria of the Building Authority Division, but less than or equal to fifty thousand dollars ($50,000) in a newspaper of general circulation published in the county in which the proposed improvements are to be made or in a trade journal reaching the construction industry; and
2. 1. The county, municipality, school district, or other local taxing unit shall have first published notice of its intention to receive bids one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made.
  2. In addition to the publication of notice required under subdivision (a)(2)(A) of this section, the county, municipality, school district, or other local taxing unit:
    1. May also publish notice in a trade journal reaching the construction industry; and
    2. If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.
1. The date of publication of the last notice shall be not less than one (1) week before the day fixed therein for the receipt of bids.
2. 1. If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county.
  2. In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the county, municipality, school district, or other local taxing unit:
    1. May also publish notice in a trade journal reaching the construction industry; and
    2. If the county, municipality, school district, or other local taxing unit is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.
3. This section does not limit to two (2) the number of weeks the notices may be published for projects over fifty thousand dollars ($50,000), limit to one (1) the number of weeks the notices may be published for projects more than the quote bid limit, as provided under subsection (a) of this section, and less than or equal to fifty thousand dollars ($50,000), or limit to two (2) the number of weeks the notices may be published for all other projects.
1. All notices shall contain:
  1. A brief description of the kind or type of work contemplated;
  2. The approximate location of the work contemplated;
  3. The place at which prospective bidders may obtain plans and specifications, including any websites on which a county, municipality, or school district is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.;
  4. The date, time, and place at which sealed bids shall be received;
  5. The amount, which may be stated in a percentage, of the bid bond required;
  6. A statement of the taxing unit's reservation of the right to reject any or all bids and to waive any formalities; and
  7. Such other pertinent facts or information which to it may appear necessary or desirable.
2. 1. 1. Every bid submitted on public construction contracts for any political subdivision of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond.
    2. Every bid submitted on public construction contracts for the state or any agency or department of the state is void unless accompanied by a cashier's check drawn upon a bank or trust company doing business in this state or by a corporate bid bond, except for projects under thirty-five thousand dollars ($35,000).
    3. A bid bond is not required for public construction contracts for the state or any agency or department of the state under or equal to thirty-five thousand dollars ($35,000).
  2. This bid security shall indemnify the public against failure of the contractor to execute and deliver the contract and necessary bonds for faithful performance of the contract.
  3. The bid security shall provide that the contractor or surety must pay the damage, loss, cost, and expense subject to the amount of the bid security directly arising out of the contractor's default in failing to execute and deliver the contract and bonds.
  4. Liability under this bid security shall be limited to five percent (5%) of the amount of the bid.
On the date and time fixed in the notice, the board, commission, officer, or other authority in which or in whom authority is vested to award contracts shall open and compare the bids and thereafter award the contract to the lowest responsible bidder but only if it is the opinion of the authority that the best interests of the taxing unit would be served thereby.
In the event that all bids submitted exceed the amount appropriated for the award of the contract, the state agency or its designated representatives shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated.
1. In the event that all bids submitted exceed the amount appropriated for the award of the contract and if bidding on alternates was not required by the plans and specifications, the county, municipality, school district, other local taxing unit, or institution of higher education shall have the authority to negotiate an award with the apparent responsible low bidder but only if the low bid is within twenty-five percent (25%) of the amount appropriated.
2. If the plans and specifications for the project require bids on alternates in addition to a base bid, there shall be no more than three (3) alternates, and the alternates shall:
  1. Be deductive; and
  2. Be set forth in the plans and specifications in numerical order.
3. If all bids submitted exceed the amount appropriated for the award of the contract, then the county, municipality, school district, other local taxing unit, or institution of higher education may determine the apparent responsible low bidder by deducting the alternates in numerical order.
4. After making the deductions, if the cost of the project is less than twenty-five percent (25%) above the amount appropriated, then and only in that event, the county, municipality, school district, other local taxing unit, or institution of higher education may negotiate an award with the low bidder so determined.
Whenever it is obvious from examination of the bid document that it was the intent of a bidder to submit a responsive bid and that the bid, if accepted, would create a serious financial loss to the bidder because of scrivener error, such as the transposition of figures, the board, commission, officer, or other authority in which or in whom authority is vested has the authority to relieve the bidder from responsibility under the bond and may reject the bid.
For projects of this state or any agency of the state, “amount appropriated” within this section means funds currently available for the project as determined by the state or any agency or department of the state or any county, municipality, school district, or other local taxing unit prior to the opening of any bids.
No contract providing for the making of major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements shall be entered into by the state, any agency of the state, any county, municipality, school district, or other local taxing unit with any contractor in instances where all estimated costs of the work shall exceed the sum of seventy-five thousand dollars ($75,000) unless the bid documents contain statements which encourage the participation of small, minority, and women's business enterprises.
1. Notwithstanding any other provision of law to the contrary, a municipality, sanitation authority, water system, or consolidated waterworks system may enter into contracts with private persons, firms, associations, corporations, joint ventures, or other legal entities, including a combination of any of those entities, to provide for the design, building, operation, or maintenance, including a combination of those activities, of all or any portion of its wastewater system, stormwater system, water system, solar energy generation equipment and facilities, other capital asset, or any combination of those systems and assets.
2. The contracts may include provisions for design, financing, construction, repair, reconditioning, replacement, operation, and maintenance of a system or asset, or any combination of those services and functions.
3. Prior to entering into a contract under this section, the governing authority shall solicit qualifications-based competitive sealed proposals.
4. The governing authority shall first establish criteria for evaluation of any entity submitting proposals on the contracts for the purpose of assisting the governing authority in making a review of the entity's previous performance on projects of comparable nature and magnitude and the environmental compliance record of the entity during the five (5) years immediately preceding the execution of the contract.
5. The governing authority shall take into consideration the information to assist in determining the eligibility of any entity.
6. The award of a contract under this section shall be made to the responsible and responsive entity whose proposal is determined in writing to be the most advantageous to the governmental authority, taking into consideration the evaluation factors set forth in the request for proposals.
7. The governing authority of the municipality or the sanitation authority shall employ an appropriately licensed professional who is independent of the contractor to monitor and perform an independent review and inspection of the design-build-operate-maintenance contract, or any part thereof, during its performance.
8. Before soliciting proposals for a design-build-operation-maintenance project, the governing authority of the municipality or the sanitation authority shall employ an appropriate licensed professional to perform the necessary studies and preliminary design to clearly establish the parameters for the project, including:
  1. Acceptable processes and structural alternatives; and
  2. Cost estimates for the acceptable alternatives.
1. The state, an agency of the state, a county, a municipality, a school district, or other local taxing unit shall not require in plans or specifications that a bidder or supplier:
  1. Hold membership in any professional or industry associations, societies, trade groups, or similar organizations;
  2. Possess certification from any professional or industry associations, societies, trade groups, or similar organizations as steel building fabricators; or
  3. Be endorsed by any professional or industry associations, societies, trade groups, or similar organizations.
2. However, plans and specifications may include or reference standards adopted by professional or industry associations, societies, trade groups, or similar organizations.
To the extent that the division includes minimum experience as part of the evaluation of a bidder's responsiveness, the standard being applied to the bidder's experience shall be stated in the invitation for bids.
A sealed bid under this section shall be submitted in one (1) of the following formats:
1. Written; or
2. Electronic media.

History. Acts 1949, No. 159, §§ 1, 2; 1977, No. 370, § 1; 1981, No. 266, § 1; A.S.A. 1947, §§ 14-611, 14-612; Acts 1987, No. 758, § 4; 1995, No. 1319, § 2; 1997, No. 1193, § 1; 1999, No. 219, § 3; 1999, No. 675, §§ 1, 2; 1999, No. 1309, § 1; 1999, No. 1310, § 1; 2001, No. 921, § 1; 2001, No. 1051, § 1; 2003, No. 1297, § 1; 2005, No. 859, § 4; 2009, No. 813, § 1; 2015, No. 1059, § 2; 2017, No. 725, §§ 3, 4; 2019, No. 422, § 3; 2019, No. 612, § 1; 2019, No. 910, § 6238; 2019, No. 1075, §§ 3-6.

A.C.R.C. Notes. Acts 2019, No. 1075, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) There is a need for a statewide system for the online advertisement of notices of an intention to receive bids by local governmental units;

“(2) Legislation is necessary to provide for the efficient procurement of services to provide for the online advertisement of notices of an intention to receive bids by local governmental units;

“(3) There is a need for an impartial selection process in selecting statewide vendors to administer online advertisements of notices of an intention to receive bids by local governmental units; and

“(4) The Office of State Procurement has the authority and infrastructure to issue requests for qualifications to effectuate this act”.

Publisher's Notes. As to applicability of this section to certain contracts awarded by the State Highway Commission, see Publisher's Notes to § 22-9-202.

Amendments. The 1999 amendment by No. 219 substituted “cashier's check drawn upon a bank or trust company doing business in this state” for “certified check” twice in (c)(2)(A). This amendment was superseded by the amendment by Acts 1999, No. 1309.

The 1999 amendment by No. 675 substituted “fifty thousand dollars ($50,000)” for “thirty thousand dollars ($30,000)” in the introductory paragraph of (a); deleted the former last sentence of (a)(2); in the introductory paragraph of (e), deleted “and if bidding on alternates was not required by the plans and specifications” and substituted “twenty-five percent (25%)” for “twenty percent (20%)”; deleted former (f); redesignated former (g) and (h) as present (f) and (g), respectively; in (g) substituted “of the state” for “thereof” and “opening” for “solicitation”; and made stylistic changes.

The 1999 amendment by No. 1309 rewrote (c)(2)(A).

The 1999 amendment by No. 1310 added (h).

The 2001 amendment by No. 921 inserted (f) and redesignated the remaining subsections accordingly; in present (g), inserted “that” preceding the second occurrence of “the bid”, inserted a comma following “error”, inserted “the” preceding “transposition”, and twice substituted “the” for “his”; and deleted a comma following “repairs” in (i).

The 2001 amendment by No. 1051 substituted “twenty thousand dollars ($20,000)” for “ten thousand dollars ($10,000) for counties and municipalities and the sum of fifty thousand dollars ($50,000) for any school district” in the introductory language in (a); and, in (a)(1), substituted “more than the amount” for “over the amount” and “under the Arkansas Building Services minimum standards and criteria” for “under subsection (a) of this section.”

The 2003 amendment added (j).

The 2005 amendment added (k).

The 2009 amendment inserted “or institution of higher education” following “local taxing unit” throughout (f), and made related changes.

The 2015 amendment, in the introductory language of (a), substituted “Except as provided under § 14-58-105, a” for “No,” “shall not be” for “shall be” and “an agency of the state or by a” for “any agency thereof, any”.

The 2017 amendment substituted “thirty-five thousand dollars ($35,000)” for “twenty thousand dollars ($20,000)” in the introductory language of (a), (c)(2)(A)(ii) and (c)(2)(A)(iii); deleted “shall” following “work” in the introductory language of (a); substituted “is” for “shall be” in (c)(2)(A)(i) and (c)(2)(A)(ii); and substituted “A bid bond is not” for “No bid bond shall be” in (c)(2)(A)(iii).

The 2019 amendment by No. 422 added (l).

The 2019 amendment by No. 612, in (j)(1), deleted “or” following “municipality”, inserted “water system, or consolidated waterworks system”, substituted “or maintenance” for “and maintenance”, inserted “including a combination of those activities”, deleted “treatment” preceding the third through fifth occurrences of “system”, inserted “solar energy generation equipment and facilities, other capital asset”, and added “and assets”; in (j)(2), substituted “a system or asset” for “the system”; and made stylistic changes.

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” following “Building Authority Division” in (a)(1).

The 2019 amendment by No. 1075 rewrote (b)(2); in (b)(3), substituted “This section does not limit” for “Nothing in this section shall be construed as limiting”, deleted “the amount of” following “over”, substituted the second occurrence of “limit” for “limiting”, and substituted “or limit” for “and as limiting”; substituted “of the work contemplated” for “thereof” in (c)(1)(B); added “including any websites on which a county, municipality, or school district is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.” in (c)(1)(C); and added (l) [now (m)].

Cross References. Local Governmental Compliance Act, § 10-4-301 et seq.

Case Notes

Applicability.

This section only applies to such contracts as the public body is authorized to make for major repairs or alterations, for the erection of buildings or other structures, or for making other permanent improvements. Moore v. East, 250 Ark. 43, 464 S.W.2d 52 (1971).

A contract calling for installation of street and parking area lighting did not come within the provisions of this section. Moore v. East, 250 Ark. 43, 464 S.W.2d 52 (1971).

Since this section applies to specific types of public contracts — major repairs or alterations, erection of buildings or other structures, or permanent improvements, costing over a certain dollar amount; where this specific statute governs the subject, its application is favored over the more general provisions of §§ 19-11-401 — 19-11-405 (repealed). Conway Corp. v. Construction Engineers, Inc., 300 Ark. 225, 782 S.W.2d 36 (1989), cert. denied, 494 U.S. 1080, 110 S. Ct. 1809, 108 L. Ed. 2d 939 (1990).

Award of Contract.

Subsection (d) does not necessarily contemplate an immediate award at the time bids are opened. Quality Fixtures, Inc. v. Multi-Purpose Facilities Bd., 337 Ark. 115, 986 S.W.2d 865 (1999).

Housing Authority.

Housing authority is not governed by subsections (a) and (b) of this section regarding bidding on contracts because it is neither an agency of the state nor a local taxing unit. Fagan Elec. Co. v. Housing Auth., 216 Ark. 932, 228 S.W.2d 39 (1950).

Rejection of Bids.

This section does not provide that the contract shall be let to the person whose bid is lowest in terms of money, but directs that the advertisement for bids contain a statement that the commission reserves the right to reject any or all bids. Worth James Constr. Co. v. Jacksonville Water Comm'n, 267 Ark. 214, 590 S.W.2d 256 (1979).

Under this section, one has the discretion to reject a bid so long as the rejection is for good cause and in good faith. Conway Corp. v. Construction Engineers, Inc., 300 Ark. 225, 782 S.W.2d 36 (1989), cert. denied, 494 U.S. 1080, 110 S. Ct. 1809, 108 L. Ed. 2d 939 (1990).

Public contractor could assert federal constitutional retaliation claims because a city's rejection of its low bid for a contract pursuant to the “lowest responsible bidder” provisions of subsection (d) and subdivision (j)(6) of this section, had the effect of removing the contractor from the official list of contractors authorized to provide construction services to the city. The contractor's retaliation claims failed, however because the petitioning activity on which its claims were based, namely a prior contract-related arbitration proceeding between it and the city, did not involve a matter of public concern. Heritage Constructors, Inc. v. City of Greenwood, 545 F.3d 599 (2008).

Cited: City of Damascus v. Bivens, 291 Ark. 600, 726 S.W.2d 677 (1987).

22-9-204. Subcontractors exceeding $50,000 — Penalty.

As a condition to performing construction work for and in the State of Arkansas, all prime contractors shall use no other subcontractors when the subcontractors' portion of the project is fifty thousand dollars ($50,000) or more, except those licensed by the Contractors Licensing Board and qualified in:
1. Mechanical, indicative of heating, air conditioning, ventilation, and refrigeration;
2. Plumbing;
3. Electrical; and
4. Roofing.
1. In the event the prime contractor is qualified and licensed by the board, he or she may use his or her own forces to perform those tasks listed in this section as subcontractors in one (1) or more of the trades listed.
2. 1. A subcontractor, including the situation stated in subdivision (b)(1) of this section, may subcontract a portion of the listed work.
  2. However, a subcontractor is prohibited from subcontracting the work in its entirety.
1. When the prime contractor makes a definite decision regarding the subcontractors he or she intends to use, he or she shall place the name of each subcontractor in a blank space provided on the form of proposal of his or her bid.
2. In the event that one (1) or more of the subcontractors named by the prime contractor in his or her successful bid thereafter refuses to perform his or her contract or offered contract, the prime contractor may substitute another subcontractor licensed by the board after having obtained prior approval from the architect or engineer and the owner. Additional approval must be obtained from the Building Authority Division for capital improvement projects under its jurisdiction.
The prime contractor shall submit written evidence that the substituted contractor is costing the same amount of money or less and, if costing less, that the savings will be deducted from the total contract of the prime contractor and rebated to the owner.
It shall be mandatory that the mechanical, plumbing, electrical, and roofing subcontractors named on the form of proposal by the prime contractor awarded a contract under the provisions of this subchapter be given contracts by the prime contractor in keeping with their proposals to perform the items for which they were named.
1. It shall be a violation of this section for any prime contractor to submit a bid listing unlicensed contractors or to use unlicensed contractors on a public works project if the listed work of the unlicensed contractors or portion of the unlicensed contractors' work is fifty thousand dollars ($50,000) or more.
2. It shall be a violation of this section for any subcontractor who is not licensed by the board to contract to perform work on a public works project if the listed work of the subcontractor or portion of the subcontractor's work is fifty thousand dollars ($50,000) or more.
3. The board has jurisdiction over violations of this subsection under § 17-25-103.

History. Acts 1949, No. 159, § 3; 1957, No. 183, § 1; 1961, No. 477, § 1; 1983, No. 871, § 1; A.S.A. 1947, § 14-613; Acts 1987, No. 759, § 1; 1989, No. 936, § 1; 1991, No. 728, § 1; 1993, No. 645, § 1; 1999, No. 1250, § 1; 1999, No. 1496, § 1; 2001, No. 989, § 1; 2003, No. 364, § 18; 2009, No. 193, § 9; 2011, No. 782, § 2; 2015, No. 1048, § 7; 2015 (1st Ex. Sess.), No. 7, § 55; 2015 (1st Ex. Sess.), No. 8, § 55; 2019, No. 910, § 6239.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Publisher's Notes. As to applicability of this section to certain contracts awarded by the State Highway Commission, see Publisher's Notes to § 22-9-202.

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 55 specifically amended this section as amended by Acts 2015, No. 1048, § 7.

Amendments. The 1999 amendment by No. 1250 added (b)(2); and, in (c)(2), deleted “and the Construction Section of Arkansas State Building Services” following “the owner” and added the last sentence.

The 1999 amendment by No. 1496, in the introductory paragraph of (a), substituted “All” for “In each instance where the total bid amount submitted by the licensed prime contractor exceeds fifty thousand dollars ($50,000), all” at the beginning, and inserted “when the subcontractors' portion of the project is twenty thousand dollars ($20,000) or more”; and made stylistic changes.

The 2001 amendment substituted “ventilation, and refrigeration” for “and ventilating” (a)(1); and made minor stylistic changes.

The 2003 amendment deleted “indicative of wiring and illuminating fixtures” following “Electrical” in (a)(3); and deleted “and sheet metal work, indicative of roofing application” following “Roofing” in (a)(4).

The 2009 amendment rewrote (f)(3); and deleted (f)(4) and (f)(5).

The 2011 amendment deleted “and sheet metal contractors” following “roofing” in (e); added “if the listed work of the unlicensed contractors ... ($20,000) or more” in (f)(1); and added “if the listed work of the subcontractor ... ($20,000) or more” in (f)(2).

The 2015 amendment by No. 1048 substituted “fifty thousand dollars ($50,000)” for “twenty thousand dollars ($20,000)” throughout the section; and substituted “$50,000” for “$20,000” in the section heading.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (c)(2).

Case Notes

Out-of-State Firm.

This section did not require general contractor to accept Arkansas subcontractor's bid where subcontractor intended to use an out-of-state firm to perform construction. American Sheet Metal Works, Inc. v. Con-Ark Bldrs., Inc., 276 Ark. 366, 635 S.W.2d 241 (1982).

22-9-205. Public improvements generally — Interest on delinquent payments.

Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project, and the contract provides that payment therefor shall be made upon completion and acceptance of the project, and the contractor, upon completion and approval of the project, presents a claim for payment of the amount due thereon in accordance with the terms of the contract, and the claim is not paid by the public authority within ninety (90) days from the date of presentation of the claim, then the public authority shall pay to the contractor interest at the rate of ten percent (10%) per annum on the unpaid amount due for all periods of time that the payment under the contract is not made subsequent to ninety (90) days after presentation of the claim.

History. Acts 1969, No. 135, § 1; A.S.A. 1947, § 14-614.1.

22-9-206. [Repealed.]

Publisher's Notes. This section, concerning preference for certain bidders on highway projects, was repealed by Acts 1993, No. 580, § 1. The section was derived from Acts 1977, No. 102, §§ 1-3, 5; A.S.A. 1947, §§ 14-614.2 — 14-614.4, 14-614.6; Acts 1987, No. 281, § 1; 1991, No. 779, § 1; 1992 (1st Ex. Sess.), No. 9, § 1.

22-9-207. Construction or purchase of memorial, statue, bust, etc.

Any state agency, department, board, commission, or other body having the authority to construct or purchase, or negotiate for the construction or purchase of, any memorial, statue, bust, monument, or other similar article which is to be paid for from public funds shall establish specifications for the object, take competitive bids on the cost of constructing or furnishing the object, and award the contract to furnish or construct the object to the lowest responsible bidder meeting the established specifications.

History. Acts 1967, No. 354, § 1; A.S.A. 1947, § 14-626.

22-9-208. Renovation of historic sites — Legislative intent and construction.

The General Assembly finds and determines that:
1. The mandatory adherence to competitive bidding of all costs in altering, repairing, or renovating historic sites and structures has resulted in increased costs due to the inability of bidders to accurately determine on the basis of only an external examination of the historic sites and structures the exact quantity of labor, materials, and supplies necessary to meet the restoration standards;
2. The State of Arkansas would conserve state revenues by giving agencies charged with restoring or maintaining historic properties authority to select the contractors on the basis of the lowest responsible bid price, the bidder's experience in like work, and the techniques he or she proposes to employ, and by giving the agencies authority to reimburse contractors on an actual cost basis for those cost components which cannot be accurately predetermined before undertaking the project; and
3. The procedures provided in subdivision (a)(2) of this section should be applicable for specific projects only after review and approval by the Chief Fiscal Officer of the State, the Building Authority Division, the Secretary of the Department of Transformation and Shared Services, and the Legislative Council. Provided, however, projects undertaken by public institutions of higher education exempt from review and approval of the division shall not require review and approval by the secretary.
In the event there is conflict between the provisions of this section and §§ 22-9-209 — 22-9-211 and the provisions of any other act insofar as the restoration of historic structures is concerned, the procedures set forth in this section and §§ 22-9-209 — 22-9-211 shall govern.

History. Acts 1977, No. 869, §§ 1, 5; A.S.A. 1947, §§ 14-654, 14-654.3n; Acts 1999, No. 776, § 4; 2001, No. 961, § 10; 2015 (1st Ex. Sess.), No. 7, § 56; 2015 (1st Ex. Sess.), No. 8, § 56; 2016 (3rd Ex. Sess.), No. 2, § 81; 2016 (3rd Ex. Sess.), No. 3, § 81; 2019, No. 910, § 6240.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 1999 amendment added the last sentence in (a)(3); and made stylistic changes.

The 2001 amendment, in (a)(3), added the last sentence, and deleted “The state or entities of the state shall make an assessment regarding the applicability of those procedures provided in subdivision (a)(2) of this section on a project by project basis” at the end.

The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, in (a)(3), deleted “Arkansas” preceding “Building Authority” throughout the subdivision; and inserted “Division of the Department of Finance and Administration” and “Director of the Department of Finance and Administration or the”.

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3, in (a)(3), substituted “Building Authority Division of the Department of Finance and Administration” for “Building Authority Council” in the first sentence and in the second sentence substituted “division” for “Building Authority Division of the Department of Finance and Administration” and deleted “or the Building Authority Council” from the end.

The 2019 amendment, in (a)(3), deleted “of the Department of Finance and Administration” following “Building Authority Division”, inserted “the Secretary of the Department of Transformation and Shared Services”, and substituted “secretary” for “Director of the Department of Finance and Administration”.

22-9-209. Renovation of historic sites — Advertising of contracts.

1. A contract for the altering, repairing, or renovation of a recognized historic site or structure owned by the state or with title vested in the name of a state agency or of another taxing authority in which the estimated cost of the work equals or exceeds the sum of thirty-five thousand dollars ($35,000) shall not be entered into between the state agency or taxing authority and any contractor unless the state agency or taxing authority has first published notice of intention to receive bids for improvements one (1) time each week for not less than two (2) consecutive weeks in a newspaper of general circulation published in the county in which the proposed improvements are to be made.
2. In addition to the publication of notice required under subdivision (a)(1) of this section, the state agency or taxing authority:
  1. May also publish notice in a trade journal reaching the construction industry; and
  2. If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.
1. The date of publication of the last notice shall be not less than one (1) week before the date affixed therein for the receipt of bids.
2. 1. If there is not a newspaper regularly published in the county in which the proposed work is to be done, the notices may be published in any newspaper having a general circulation in the county.
  2. In addition to the publication of notice required under subdivision (b)(2)(A) of this section, the state agency or taxing authority:
    1. May also publish notice in a trade journal reaching the construction industry; and
    2. If the state agency or taxing authority is accepting electronically submitted bids, shall also post notice on the website of a vendor selected under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.
3. Nothing in this section shall be construed as limiting to two (2) the number of weeks the notices may be published.
1. All notices shall contain:
  1. A brief description of the kind or type of work contemplated;
  2. The approximate location of the work contemplated;
  3. The place at which prospective contractors may obtain plans and specifications, including any websites on which a state agency or taxing authority is posting notice of its intention to receive bids under the Fair Notice and Efficiency in Public Works Act, § 22-9-901 et seq.;
  4. The date, time, and place at which sealed bids shall be received; and
  5. The amount, which may be stated in a percentage, of bond required.
2. A statement shall be included notifying bidders that the proposed renovation will be contracted under the authority of this section and §§ 22-9-208, 22-9-210, and 22-9-211.
3. The invitation for bids shall include a required resumé of similar restorative work performed by the contractor.
1. No agency shall advertise for bids under the provisions of this section and §§ 22-9-208, 22-9-210, and 22-9-211 without seeking the advice of the Legislative Council.
2. Provided further, nothing in this section shall prevent an institution of higher education exempt from review and approval of the Building Authority Division from entering into an agreement with the division to provide such advice.
A sealed bid under this section shall be submitted in one (1) of the following formats:
1. Written; or
2. Electronic media.

History. Acts 1977, No. 869, § 2; A.S.A. 1947, § 14-654.1; Acts 2001, No. 961, § 11; 2013, No. 494, § 2; 2016 (3rd Ex. Sess.), No. 2, § 82; 2016 (3rd Ex. Sess.), No. 3, § 82; 2017, No. 725, § 5; 2019, No. 910, § 6241; 2019, No. 1075, §§ 7-10.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided: “Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Acts 2019, No. 1075, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) There is a need for a statewide system for the online advertisement of notices of an intention to receive bids by local governmental units;

“(4) The Office of State Procurement has the authority and infrastructure to issue requests for qualifications to effectuate this act”.

Amendments. The 2001 amendment redesignated former (d) as present (d)(1) and made related changes; and added (d)(2)(A)-(B).

The 2013 amendment rewrote (a).

The 2016 (3rd Ex. Sess.) amendment by identical acts Nos. 2 and 3 deleted “and the Building Authority Council” from the end of (d)(1); and deleted (d)(2)(A).

The 2017 amendment, in (a), substituted “state” for “State of Arkansas” following “owned by the” and substituted “thirty-five thousand dollars ($35,000)” for “twenty thousand dollars ($20,000)”.

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” following “Building Authority Division” in (d)(2).

The 2019 amendment by No. 1075 rewrote (a); added (b)(2)(B) and redesignated former (b)(2) as (b)(2)(A); substituted “not a” for “no” in (b)(2)(A); rewrote (c)(1); and added (e).

22-9-210. Renovation of historic sites — Award of contracts.

The highest quality of restoration commensurate with reasonable costs and obtainable within available funds is considered to serve the best interests of the state. Cost, proposed method, and experience in similar work shall be considered by the agency as interrelated and inseparable factors in the award of a contract. Therefore, the award may be made other than to the lowest bidder. To permit evaluation of bidder qualifications, bid proposal documents shall include the following:
1. The types of skills and numbers of persons of each skill needed to accomplish the work, together with the proposed rate of payment of each;
2. The anticipated quantity of materials estimated to be required, together with the unit price for each;
3. The proposed factor by which subdivisions (a)(1) and (2) of this section shall be multiplied to provide for overhead and profit;
4. The calculations contained in subdivisions (a)(1), (2), and (3) of this section shall be extended and totaled to produce an estimated total cost for the project. Bid forms prepared by the contracting agencies shall be provided for the purpose of setting forth the calculations;
5. A narrative statement of the methods and the techniques proposed for the restoration work;
6. A listing of previous comparable projects completed by the bidder, including location, cost, date completed, and owner's name and address; and
7. A resumé of the personal experience of the key supervisory personnel who will be directly involved in the execution of the project.
No contract shall be awarded under the provisions of this section and §§ 22-9-208, 22-9-209, and 22-9-211 until the contracting agency has submitted copies of the invitation for bids, together with all proposals received and the agency's narrative statement of its evaluation and recommendations for approval, to the Chief Fiscal Officer of the State.

History. Acts 1977, No. 869, § 3; A.S.A. 1947, § 14-654.2.

22-9-211. Renovation of historic sites — Payment.

The contracting agency shall establish, as part of the contract, a maximum compensation for the project.
Payment shall be based on the work actually done and the materials actually used.
The contractor shall submit periodic invoices for labor, materials, and overhead and profit in accordance with the rates established in the bid proposal.

History. Acts 1977, No. 869, § 4; A.S.A. 1947, § 14-654.3.

22-9-212. Public improvements generally — Trench or excavation safety systems.

Whenever any agency of this state or of any county, municipality, or school district, or other local taxing unit or improvement district, enters into a contract covered by the provisions of §§ 22-9-202 — 22-9-204 for the making of repairs or alterations or the erection of buildings or for the making of any other improvements, or for the construction or improvement of highways, roads, streets, sidewalks, curbs, gutters, drainage or sewer projects, or for any other construction project in which the public work or public improvement construction project involves any trench or excavation which equals or exceeds five feet (5') in depth, the agency, county, municipality, school district, local taxing unit, or improvement district shall require:
1. That the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 C.F.R. Part 1926, Subpart P, be specifically incorporated into the specifications for the project; and
2. That the contract bid form include a separate pay item for trench or excavation safety systems to be included in the base bid.
In the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of subsection (a) of this section, the agency, county, municipality, school district, local taxing unit, or improvement district shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. The owners of the above-stated project shall notify the Safety Division of the Division of Labor of the award of a contract covered by this section.

History. Acts 1993, No. 291, §§ 1, 2; 2019, No. 910, § 5504.

Amendments. The 2019 amendment substituted “Division of Labor” for “Department of Labor” in (b).

22-9-213. Exemption of state projects from local regulation.

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

History. Acts 1995, No. 1229, § 1; 2015 (1st Ex. Sess.), No. 7, § 57; 2015 (1st Ex. Sess.), No. 8, § 57; 2019, No. 910, § 6242.

A.C.R.C. Notes. Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 1, provided:

“Transfer of the Arkansas Building Authority to the Department of Finance and Administration.

“(a)(1) The Arkansas Building Authority is transferred to the Department of Finance and Administration by a type 2 transfer under § 25-2-105.

“(2) For the purposes of this act, the Department of Finance and Administration shall be considered a principal department established by Acts 1971, No. 38.

“(e) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.”

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “the Building Authority Division of the Department of Finance and Administration” for “Arkansas Building Authority”.

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division”.

Cross References. Projects exceeding two million dollars, § 14-58-1001.

22-9-214. Unenforceable provisions in public construction agreements and public construction contracts — Definitions.

As used in this section:
1. “Construction” means any of the following services, functions, or combination of the following services or functions to construct a building, building site, or structure, or to construct a permanent improvement to a building, building site, or structure, including site work:
  1. Alteration;
  2. Design;
  3. Erection;
  4. Reconditioning;
  5. Renovation;
  6. Repair; or
  7. Replacement;
2. 1. “Public construction agreement” means an agreement in which one (1) party is a public entity and the agreement is the bargain of the parties in fact as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 4-1-303.
  2. “Public construction agreement” does not include an insurance contract, a construction bond, or a contract to defend a party against liability; and
3. 1. “Public construction contract” means a contract in which one (1) party is a public entity and the contract is the total legal obligation that results from the parties' agreement under this section and as supplemented by any other applicable law.
  2. “Public construction contract” does not include an insurance contract, a construction bond, or a contract to defend a party against liability.
A provision in a public construction agreement or public construction contract is void and unenforceable as against public policy if it requires an entity or that entity's insurer to indemnify, insure, defend, or hold harmless another entity against liability for damage arising out of the death of or bodily injury to a person or persons or damage to property, which arises out of negligence or fault of the indemnitee, its agents, representatives, subcontractors, or suppliers.
A provision, covenant, clause, or understanding in a public construction agreement or public construction contract that conflicts with the provisions and intent of this section or attempts to circumvent this section by making the public construction agreement or public construction contract subject to the laws of another state, or that requires any litigation, arbitration, or other dispute resolution proceeding arising from the construction agreement or construction contract to be conducted in another state, is void and unenforceable as against public policy.
A clause described under subsections (b) and (c) of this section is severable from the public construction agreement or public construction contract and shall not cause the entire public construction agreement or public construction contract to become unenforceable.
The provisions of this section do not affect any provision in a public construction contract or public construction agreement that requires an entity or that entity's insurer to indemnify another entity against liability for damage arising out of the death of or bodily injury to persons or damage to property, but such indemnification shall not exceed any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitors, its agents, representatives, subcontractors, or suppliers.

History. Acts 2007, No. 874, § 1; 2009, No. 540, § 1; 2011, No. 1123, § 1; 2015, No. 1110, §§ 5, 6; 2015, No. 1120, §§ 5, 6.

A.C.R.C. Notes. Pursuant to § 1-2-207, subsection (b) is set out above as amended by Acts 2015, No. 1120, § 5. Subsection (b) was also amended by Acts 2015, No. 1110, § 6, to read as follows:

“(b) A clause or provision in a public construction agreement or public construction contract is void and unenforceable as against public policy to the extent that:

“(1) A party to the public construction agreement or public construction contract is required to indemnify, defend, or hold harmless another party against:

“(A) Damage from death or bodily injury to a person arising out of the sole negligence of the indemnitee, its agent, representative, subcontractor, or supplier; or

“(B) Damage to property arising out of the sole negligence of the indemnitee, its agent, representative, subcontractor, or supplier; or

“(2) The clause or provision requires any litigation, arbitration, or other alternative dispute resolution proceeding arising under the public construction agreement or public construction contract to be conducted in another state.”

Amendments. The 2009 amendment inserted “including sitework” in the introductory language of (a)(1); rewrote the introductory language of (e); and made related and minor stylistic changes.

The 2011 amendment substituted “site work” for “sitework” in the introductory language of (a)(1).

The 2015 amendment by No. 1110, in the section heading, substituted “Unenforceable provisions” for “Hold harmless clause,” inserted “agreements and public construction,” deleted “unenforceable” following “contracts,” and added “Definitions”; and rewrote (b).

The 2015 amendment by No. 1120, rewrote (b); in (c), inserted “covenant, clause,” inserted “conflicts with the provisions and intent of this section or,” and inserted “or that requires any litigation arbitration, or other dispute resolution proceeding arising from the construction agreement or construction contract to be conducted in another state,” and “void and”; and rewrote (e).

Research References

Ark. L. Notes.

Carl Circo, Selected Construction Contract Clauses: From the Routine to the Cutting Edge, 2015 Ark. L. Notes 1800.

Subchapter 3 — Minimum Prevailing Wage

22-9-301 — 22-9-315. [Repealed.]

A.C.R.C. Notes. The repeal of § 22-9-303 by Acts 2017, No. 1068, § 1, superseded the amendment of § 22-9-303 by Acts 2017, No. 707, § 87. Acts 2017, No. 707, § 87, replaced “Arkansas State Highway and Transportation Department” in subsection (b) with “Arkansas Department of Transportation”.

The repeal of § 22-9-308 by Acts 2017, No. 1068, § 1, superseded the amendment of § 22-9-308 by Acts 2017, No. 707, § 88. Acts 2017, No. 707, § 88, replaced “Arkansas State Highway and Transportation Department” in subsection (a) with “Arkansas Department of Transportation”.

Publisher's Notes. This subchapter, concerning the minimum prevailing wage, was repealed by Acts 2017, No. 1068, § 1. The subchapter was derived from the following sources:

22-9-301. Acts 1969, No. 74, §§ 2, 3; A.S.A. 1947, §§ 14-631, 14-632; Acts 1995, No. 548, § 1.

22-9-302. Acts 1969, No. 74, § 1; A.S.A. 1947, § 14-630; Acts 1995, No. 548, § 2.

22-9-303. Acts 1969, No. 74, §§ 3, 13; 1969, No. 275, § 2; A.S.A. 1947, §§ 14-632, 14-642.

22-9-304. Acts 1969, No. 74, § 8; A.S.A. 1947, § 14-637.

22-9-305. Acts 1969, No. 74, § 7; A.S.A. 1947, § 14-636; Acts 1995, No. 548, § 3.

22-9-306. Acts 1969, No. 74, § 10; A.S.A. 1947, § 14-639; Acts 1995, No. 548, § 4; 1997, No. 221, § 2.

22-9-307. Acts 1969, No. 74, § 7; A.S.A. 1947, § 14-636.

22-9-308. Acts 1969, No. 74, § 4; 1969, No. 275, § 1; A.S.A. 1947, § 14-633.

22-9-309. Acts 1969, No. 74, § 5; A.S.A. 1947, § 14-634; Acts 1995, No. 548, § 5.

22-9-310. Acts 1969, No. 74, § 6; A.S.A. 1947, § 14-635; Acts 1995, No. 548, § 6.

22-9-311. Acts 1969, No. 74, § 11; A.S.A. 1947, § 14-640; Acts 1995, No. 548, § 7.

22-9-312. Acts 1969, No. 74, § 12; A.S.A. 1947, § 14-641.

22-9-313. Acts 1969, No. 74, §§ 8, 9; A.S.A. 1947, §§ 14-637, 14-638.

22-9-314. Acts 1995, No. 548, § 8.

22-9-315. Acts 1995, No. 548, § 9.

Subchapter 4 — Contractors' Bonds

Cross References. Contractor's performance bonds and labor and materialmen's bonds required, § 18-44-501 et seq.

Effective Dates. Acts 1957, No. 209, § 6: approved Mar. 12, 1957. Emergency clause provided: “The construction and repair of private and public buildings and other public works being delayed and hampered because of the ambiguity in the statutory requirements for contractors bonds, an emergency is declared to exist and the immediate operation of this act being necessary for the preservation of the public peace, health and safety it shall be in force and effect from and after its passage.”

Acts 1993, No. 190, § 7: Emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that subcontractors are not currently required by law to insure their financial responsibility through the posting of a bond with the State of Arkansas. It is not in the public interest to continue to endure the resulting poor quality and workmanship which lead to increased maintenance and replacement costs. This act establishes such a requirement and should be given immediate effect. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 980, § 2: Sept. 1, 2001.

Acts 2001, No. 980, § 3: Sept. 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that federal law requires changes effective before September 1, 2001, and to ensure that the state contracts are lawful changes are necessary before September 1, 2001. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on September 1, 2001.”

Research References

ALR.

Definition of “public work” within statute relating to contractor's bond. 48 A.L.R.4th 1170.

Am. Jur. 17 Am. Jur. 2d, Cont. Bond, § 25 et seq.

C.J.S. 73A C.J.S., Pub. Contr., § 44 et seq.

U. Ark. Little Rock L.J.

Paul, The Law of Construction Bonds in Arkansas: A Review, 9 U. Ark. Little Rock L.J. 333.

22-9-401. Coverage.

All surety bonds required by the State of Arkansas or any subdivisions thereof by any county, municipality, school district, or other local taxing unit, or by any agency of any of the foregoing for the repair, alteration, construction, or improvement of any public works, including, but not limited to, buildings, levees, sewers, drains, roads, streets, highways, and bridges shall be liable on all claims for labor and materials entering into the construction, or necessary or incident to or used in the course of construction, of the public improvements.
Claims for labor and materials shall include, but not be limited to, fuel oil, gasoline, camp equipment, food for workers, feed for animals, premiums for bonds and liability and workers' compensation insurance, rentals on machinery, equipment, and draft animals, and taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of, or in connection with, wages earned by workers on the project covered by the bond.

History. Acts 1929, No. 368, § 1; 1935, No. 82, § 1; Pope's Dig., §§ 958, 7771, 8004, 8883; Acts 1953, No. 261, §§ 1, 2; 1957, No. 209, § 3; A.S.A. 1947, § 14-604.

Publisher's Notes. Acts 1953, No. 261, § 3, provided that nothing in this section should be construed to repeal any law or parts of laws, or remedies then in effect, with reference to liens for the collection of taxes.

Cross References. Projects exceeding two million dollars, § 14-58-1001.

Case Notes

Construction.

This section must be liberally construed. Detroit Fid. & Sur. Co. v. Yaffe Iron & Metal Co., 184 Ark. 1095, 44 S.W.2d 1085 (1932).

Construction with Other Laws.

This section and Acts 1911, No. 446 [repealed, now see §§ 18-44-501 — 18-44-508], did not require two bonds since this section merely sets out claims which were within coverage of bond executed pursuant to Acts 1911, No. 446. State ex rel. Berry Asphalt Co. v. Western Sur. Co., 223 Ark. 344, 266 S.W.2d 835 (1954).

Holder of Claims.

One who advanced money to a highway subcontractor to pay laborers and materialmen was not a holder of labor or material claims within this subchapter. Ayres & Graves v. Ellis, 185 Ark. 818, 49 S.W.2d 1056 (1932).

Liability on Bond.

Where city-approved bond issue raised money for construction of factory on land owned by a nonprofit corporation, later deeded to city, the surety on contractor's bond was liable for rentals as the contract was a public contract and the coverage of the bond was governed by this section. National Sur. Corp. v. Edison, 240 Ark. 641, 401 S.W.2d 754 (1966); Integon Indem. Corp. v. Bull, 311 Ark. 61, 842 S.W.2d 1 (1992).

Principal contractors and their sureties are not liable on their bond for supplies sold to subcontractors and used elsewhere even though the seller erroneously concludes that the supplies will be used on the particular bonded job. Proctor Tire Serv. Inc. v. National Sur. Corp., 242 Ark. 695, 415 S.W.2d 45 (1967).

Contractor's bond was not liable for tires sold to a subcontractor who rarely used them on the bonded job. Proctor Tire Serv. Inc. v. National Sur. Corp., 242 Ark. 695, 415 S.W.2d 45 (1967).

The surety on a general contractor's bond was liable for tools sold to a subcontractor even though the tools did not become a part of the construction but were retained by the subcontractor for use on other employment and became a part of his permanent assets. National Sur. Corp. v. Ideal Lumber Co., 249 Ark. 545, 460 S.W.2d 55 (1970).

The surety is not liable for materials delivered to a subcontractor after the bonded project is completed where the supplier fails to conduct an adequate investigation to determine where the materials are being used. Ergon Asphalt & Emulsions, Inc. v. Hogan Constr. Co., 721 F. Supp. 1050 (E.D. Ark. 1989).

Negligence Claims.

The bond liability required by this section is limited to claims for labor and materials, so that a bond which covers claims of negligence provides broader coverage than that mandated under this section, and is a common law bond not governed by the six month statute of limitations set out in § 22-9-403. United States Fid. & Guar. Co. v. Little Rock Quarry Co., 309 Ark. 269, 830 S.W.2d 362 (1992).

Recovery Against Sureties.

A materialman seeking recovery on the bond of the general contractor for materials and tools furnished a subcontractor is not required to establish liability of the general contractor in order to recover against the surety. National Sur. Corp. v. Ideal Lumber Co., 249 Ark. 545, 460 S.W.2d 55 (1970).

Waiver of Statutory Rights.

Waiver of rights of subcontractor under public contractor's bond would not be implied or enforced without a showing of a clear intent to relinquish statutory rights. Trinity Universal Ins. Co. v. Smithwick, 222 F.2d 16 (8th Cir.), cert. denied, 350 U.S. 837, 76 S. Ct. 74, 100 L. Ed. 747 (1955).

Where subcontractor brought action against surety of public contractor for balance due under contract, fact that subcontractor received periodic payments under estimates of partial completion did not amount to a giving up of waiver of statutory rights under the bond. Trinity Universal Ins. Co. v. Smithwick, 222 F.2d 16 (8th Cir.), cert. denied, 350 U.S. 837, 76 S. Ct. 74, 100 L. Ed. 747 (1955).

Cited: Detroit Fid. & Sur. Co. v. Yaffe Iron & Metal Co., 184 Ark. 1095, 44 S.W.2d 1085 (1932); Consolidated Indem. & Ins. Co. v. Fischer Lime & Cement Co., 187 Ark. 131, 58 S.W.2d 928 (1933); National Lumber & Creosoting Co. v. Mullins, 187 Ark. 270, 59 S.W.2d 493 (1933); Dow Chem. Co. v. Bruce Rogers Co., 255 Ark. 448, 501 S.W.2d 235 (1973); In re Fox, 357 B.R. 770 (Bankr. E.D. Ark. 2006).

22-9-402. Authorized bonding companies — Agents.

All bonds enumerated in § 22-9-401 and bid bonds enumerated in § 19-4-1405 shall be made by surety companies that have qualified and are authorized to do business in the State of Arkansas and are listed on the current United States Department of the Treasury's Listing of Approved Sureties.
1. The bonds shall be executed by a resident or nonresident agent.
2. The resident or nonresident agent shall:
  1. Be licensed by the Insurance Commissioner to represent the surety company executing the bond; and
  2. File with the bond the power of attorney of the agent to act on behalf of the bonding company.

History. Acts 1929, No. 368, § 2; 1935, No. 82, § 2; Pope's Dig., §§ 959, 7772, 8005, 8884; A.S.A. 1947, § 14-605; Acts 1991, No. 1086, § 1; 2001, No. 980, § 1; 2005, No. 236, § 1; 2013, No. 1015, § 1.

Amendments. The 2005 amendment inserted “and bid bonds enumerated in § 19-4-1405” in (a); inserted the subdivision designations in (b) and made related changes; deleted “agent” following “resident” in (b)(1) and (2); and, in (b)(2)(B), substituted “File” for “filing” and “of the agent to act on behalf of the bonding company” for “as his or her authority,” and deleted “agent's” preceding “power”.

The 2013 amendment added “and are listed on the current United States Department of the Treasury's Listing of Approved Sureties” to the end of (a).

22-9-403. Statutory liability as integral part of bond — Limitation of action.

The liability imposed by § 22-9-401 on any bond furnished by a public works contractor shall be deemed an integral part of the bond, whether or not the liability is explicitly set out or assumed therein.
1. No action shall be brought on a bond after one (1) year from the date final payment is made on the contract, nor shall an action be brought outside the State of Arkansas.
2. However, with respect to public works contracts where final approval for payment is given by the Building Authority Division or by an institution of higher education exempt from construction review and approval by the division, all persons, firms, associations, and corporations having valid claims against the bond may bring an action on the bond against the corporate surety, provided that no action shall be brought on the bond after twelve (12) months from the date on which the division or the public institution of higher education approves final payment on the state contract, nor shall any action be brought outside the State of Arkansas in accordance with § 18-44-503.

History. Acts 1929, No. 368, § 3; 1935, No. 82, § 3; Pope's Dig., §§ 960, 7773, 8006, 8885; Acts 1957, No. 209, § 4; A.S.A. 1947, § 14-606; Acts 1997, No. 293, § 1; 2001, No. 496, § 1; 2001, No. 961, § 12; 2019, No. 910, § 6243.

Amendments. The 2001 amendment by No. 496 substituted “one (1) year” for “six (6) months” in (b)(1).

The 2001 amendment by No. 961, in (b)(2), inserted “or by an institution … Building Services,” deleted “Arkansas” following “date on which,” and inserted “or the public institution of higher education.”

The 2019 amendment deleted “of the Department of Finance and Administration” following “Building Authority Division” in (b)(2).

Case Notes

Construction.

Section 22-9-203 sets forth procedures to be followed in advertising, evaluating, and acting upon bids for specified improvements and, although the section does not address any requirements pertaining to bid bonds or the liability thereunder, it does inferentially require that a bid bond be posted and that the required notice specify the amount thereof, expressed in percentage of the penal sum; because former A.S.A. 1947, § 14-114 (see now this section) addressed the requirements of bid bonds in connection with bids upon public construction contracts and defined the conditions of the bond, surety requirements, and liability under the bond, the two provisions are consistent and can be read together. Mountain Home Sch. Dist. No. 9 v. T.M.J. Builders, Inc., 313 Ark. 661, 858 S.W.2d 74 (1993).

Common Law Bonds.

Statutory performance bond for contractor with improvement district which covered not only claims for material and labor but also required job to be completed in a workmanlike manner went beyond the statutory requirement of covering claims; hence, it was a common law bond and statute of limitations applicable to suits for recovery of claims against surety was five years instead of six-month statutory period set forth in this section. State ex rel. Berry Asphalt Co. v. Western Sur. Co., 223 Ark. 344, 266 S.W.2d 835 (1954).

The bond liability required by § 22-9-401 is limited to claims for labor and materials so that a bond which covers claims of negligence provides broader coverage than that mandated under § 22-9-401 and is a common law bond not governed by the six month statute of limitations set out in this section. United States Fid. & Guar. Co. v. Little Rock Quarry Co., 309 Ark. 269, 830 S.W.2d 362 (1992).

Liability.

Liability of defendant on his surety bond was absolute, notwithstanding the fact that plaintiff may not have been able to recover from the contractor, which was a county, because of Arkansas Constitution, Amendment 10. Fort Smith Structural Steel Co. v. Western Sur. Co., 247 F. Supp. 674 (W.D. Ark. 1965).

Terms of Bond.

A highway contractor and his surety could not restrict liability on a bond for laborers' and materialmen's protection by omitting from the bond the terms of this section. Detroit Fid. & Sur. Co. v. Yaffe Iron & Metal Co., 184 Ark. 1095, 44 S.W.2d 1085 (1932).

The surety on a highway contractor's statutory bond is bound by the terms of the contract of which the statute is a part and its liability cannot be extended by implication unless it was clearly the intention of the parties to the contract. New Amsterdam Cas. Co. v. Detroit Fid. & Sur. Co., 187 Ark. 97, 58 S.W.2d 418 (1933).

Timeliness.

In a materialman's suit to enforce claims against the bond of a highway contractor, the evidence was held to establish that the suits were commenced within six months from the date of the contractor's final estimate. Consolidated Indem. & Ins. Co. v. Fischer Lime & Cement Co., 187 Ark. 131, 58 S.W.2d 928 (1933).

Where there was substantial evidence showing that a subcontractor's cause of action against the surety was based not on the original contract of suretyship, but on the surety's later assumption of responsibility for completion of the job and its direct promise to pay the subcontractor, the date of final payment on the contract was not controlling in determining timeliness of the action; accordingly, suit filed more than six months after the final contract payment was not barred. Argonaut Ins. Co. v. M & P Equip. Co., 269 Ark. 302, 601 S.W.2d 824 (1980).

An action by laborers or materialmen against the surety upon a contract for the construction of public works must be brought within six months after final payment is made to the general contractor. Argonaut Ins. Co. v. M & P Equip. Co., 269 Ark. 302, 601 S.W.2d 824 (1980).

Unauthorized Provisions.

A provision contained in bonds that “payment thereon shall be postponed until all claims of the Arkansas State Highway Commission hereon have been paid in full” is outside of and contrary to the requirements of this section and § 22-9-403 and is ineffective and without legal force and effect. Fort Smith Structural Steel Co. v. Western Sur. Co., 247 F. Supp. 674 (W.D. Ark. 1965).

22-9-404. Subcontractor bonds.

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:
  1. The subcontractor is the low responsible bidder for that portion of the contract;
  2. The state, pursuant to § 22-9-204, requires the general contractor to list the subcontractor in the general contractor's bid; and
  3. 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.
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.
The general contractor may enforce this section by a civil action in circuit court.
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.

History. Acts 1993, No. 190, §§ 1-3; 1993, No. 1061, §§ 1, 2.

22-9-405. Prohibition on directed suretyship.

It is unlawful for any contracting body referenced in § 22-9-401 or any person acting on behalf of such contracting body to require a bidder or contractor to obtain or procure any surety bond from any particular insurance company or surety company, agent, or broker or to include surety bonds in an owner-controlled insurance program.
Any person who violates the provisions of this section is guilty of a Class A misdemeanor.

History. Acts 2001, No. 771, § 1.

Subchapter 5 — Deposit of Securities

Effective Dates. Acts 1969, No. 79, § 9: became law without Governor's signature, Feb. 21, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that many contractors enter into contracts with the State of Arkansas or one of its political subdivisions for the performance of work; that until a certain percentage of the work is done on such contracts, the contractor does not receive any of the contract price for such work; that the contractor needs cash in order to pay for materials and labor in constructing such projects; and that in order to provide an acceptable method of receiving part of the contract price, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

Acts 1971, No. 98, § 4: Feb. 16, 1971. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that the description of securities that may be deposited upon withdrawal of amounts retained for payments to contractors under public contracts is inadequate; that this inadequacy can be remedied only by the adoption of the definition set forth in this act; and that in order to provide an acceptable and workable method for the implementation of Acts 1969, No. 79, it is necessary that this act become effective immediately. Therefore, an emergency is declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

Acts 1973, No. 77, § 2: Feb. 7, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that a number of contractors in this state incur considerable delay, inconvenience and undue cost under the present laws concerning deposits to be made in receiving payments under contracts, and that the same increases the cost of construction for public agencies, and that only by the immediate passage of this act may this situation be corrected by providing additional means of making such deposits. Therefore, an emergency is hereby declared to exist and this act, being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

22-9-501. Substitution of securities for retained payments — Contracts generally.

Under any contract made or awarded by the state or by any public department or official thereof, including the construction, improvement, or repair of any and all ways, roads, or bridges with appurtenances which, by law, are under the supervision of the State of Arkansas or any political subdivision, the contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract upon depositing with the Treasurer of State, except as provided in § 22-9-502, direct obligations of or obligations fully guaranteed by the federal government or any agency or department thereof, obligations of the State of Arkansas, obligations of any public housing authority, or certificates of deposit from federal or state banks or savings and loan associations.
No amount shall be withdrawn in excess of the market value of the securities at the time of deposit or at the time of withdrawal.

History. Acts 1969, No. 79, § 1; 1971, No. 98, § 1; 1973, No. 77, § 1; A.S.A. 1947, § 14-643.

Cross References. Projects exceeding two million dollars, § 14-58-1001.

22-9-502. Substitution of securities for retained payments — Highway contracts.

With respect to all contracts made or awarded by the State Highway Commission, including the construction, improvement, or repair of any and all roads and bridges with appurtenances which are, by law, under the supervision of the commission, a contractor may withdraw the whole, or any portion thereof, of the amount retained for payments to the contractor pursuant to the terms of the contract, upon making the deposits with the commission which are authorized in § 22-9-501 with respect to deposits to be made with the Treasurer of State.
All powers and authorities vested in the Treasurer of State with respect to deposits to be made as authorized in this subchapter, with respect to contracts made or awarded by the commission, shall be equally applicable to the commission with respect to deposits made with the commission.
The commission shall administer all powers vested in the Treasurer of State with respect to all deposits made in regard to contracts made or awarded by the commission.

History. Acts 1969, No. 79, § 6; A.S.A. 1947, § 14-648.

22-9-503. Assignment of retained payments.

Any assignment of retained payments made by the contractor shall be honored by the Treasurer of State as part of the procedure to accomplish the substitution of securities under this subchapter, except that the assignment shall not be made without prior notification to the contracting agency of the state and the Treasurer of State.
The assignment shall not impair the equitable rights of the contractor's surety in the retained payments or in the securities substituted therefor in the event of the contractor's default in the performance of the contract or in the payment of labor and material bills or other obligations covered by the surety's bond.

History. Acts 1969, No. 79, § 5; A.S.A. 1947, § 14-647.

22-9-504. Deductions by state pursuant to contract.

Any amount deducted by the state or by any public department or official thereof, pursuant to the terms of the contract, from the retained payments due the contractor shall be deducted first from that portion of the retained payments for which no security has been substituted and then from the proceeds of any deposited security. In the latter case, the contractor shall be entitled to receive interest, coupons, or income only from those securities which remain after the amount has been deducted.

History. Acts 1969, No. 79, § 4; A.S.A. 1947, § 14-646.

22-9-505. Powers and duties of Treasurer of State.

The Treasurer of State shall have the power to enter into a contract or agreement with any state or national bank having a trust department located in Arkansas for the custodial care and servicing of any securities deposited with him or her pursuant to this subchapter.
The services shall consist of the safekeeping of the securities and of all services required to effectuate the purposes of this subchapter.
The Treasurer of State shall collect all interest or income, when due, on the obligations so deposited and shall pay the interest or income, when and as collected, to the contractor who deposited the obligations.
If the deposit is in the form of coupon bonds, the Treasurer of State shall deliver each coupon as it matures to the contractor.

History. Acts 1969, No. 79, §§ 2, 3; A.S.A. 1947, §§ 14-644, 14-645.

Subchapter 6 — Retainage

Effective Dates. Acts 1977, No. 235, § 8: Feb. 23, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that retainage provisions contained in many public construction contracts to be performed in this state are unduly restrictive and create a serious hardship on contractors performing such contracts; that this act is designed to prescribe the relative rights of public agencies and contractors with respect to retainage under public construction contracts, and to thereby provide appropriate protection to public agencies and to contractors entering into contracts for public construction; and that this act should be given effect at the earliest possible date in order to clarify the relative rights of the parties to public construction contracts. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Research References

Am. Jur. 64 Am. Jur. 2d, Pub. Works, § 82.

22-9-601. Definitions.

As used in this subchapter:

“Construction contract” means a contract between a public agency and a prime contractor which obligates the prime contractor to construct, repair, replace, or maintain improvements for the public agency;
“Cost of the project” means the sum the public agency originally agrees to pay the prime contractor for performance of the contract plus any other sums the public agency agrees to pay the prime contractor for extra-cost items included in the construction project which were not included in the original contract;
“Prime contractor” means the party which, individually or in concert with other prime contractors, establishes a direct contractual relationship with the public agency obligating the prime contractor to construct improvements for the public agency. Where applicable under the law, the prime contractor shall be a contractor licensed and in compliance with Arkansas law;
“Progress payments” means the monthly estimates submitted by the prime contractor to the public agency for payment of that portion of the work completed, including stored materials and equipment purchased; and
“Public agency” means the State of Arkansas or any of its agencies, departments, or institutions or any political subdivision of the state, or taxing unit, and includes any nonprofit corporation or association receiving public funds in whatever form, including grants, loans, and subsidies.

History. Acts 1977, No. 235, § 1; 1979, No. 594, § 1; A.S.A. 1947, § 14-653.

Cross References. Projects exceeding two million dollars, § 14-58-1001.

22-9-602. When subchapter not applicable.

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

History. Acts 1977, No. 235, § 5; A.S.A. 1947, § 14-653.4.

22-9-603. Waiver of subchapter provisions prohibited.

The parties to a construction contract to which this subchapter is applicable shall have no authority to vary or waive the provisions of this subchapter by agreement of the parties.

History. Acts 1977, No. 235, § 4; A.S.A. 1947, § 14-653.3.

22-9-604. Procedure.

1. 1. In the case of a construction contract entered into between a public agency and a contractor who is required to furnish a performance and payment bond, the contractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the public agency retaining five percent (5%) to assure faithful performance of the construction contract.
  2. 1. A public agency may forego withholding retainage of the progress payments if:
      1. The construction contract is fifty-percent (50%) complete;
      2. The contractor has provided the work in a satisfactory manner; and
      3. The design professional and public agency agree with and approve of subdivisions (a)(1)(B)(i)(a) and (b) of this section.
    2. This subdivision (a)(1)(B) does not prohibit a public agency from withholding retainage throughout the project.
2. If the construction contract allows for phased work in which completion may occur on a partial occupancy, any retention proceeds withheld and retained under this section shall be partially released within thirty (30) days under the same conditions under this section in direct proportion to the value of the part of the capital improvement completed.
1. In the case of a construction subcontract entered into between a contractor for a public agency and a subcontractor who is required by the contractor to furnish a performance and payment bond, the subcontractor shall be entitled to payment of ninety-five percent (95%) of the earned progress payments when due, with the contractor retaining five percent (5%) to assure faithful performance of the construction subcontract.
2. Upon the approval of the contractor, if the subcontractor completes fifty percent (50%) of the construction subcontract the contractor shall not retain any further moneys.
All sums withheld by the public agency shall be paid to the contractor within thirty (30) days after the construction contract has been completed.
In the event the construction contract requires the contractor to purchase and furnish materials or equipment that will be stored on the job site or in a bonded warehouse by the contractor and used in the job as required by the construction contract, no retainage shall be withheld on that amount of the submitted progress payment pertaining to the cost of these stored materials or equipment.

History. Acts 1977, No. 235, §§ 2, 3; A.S.A. 1947, §§ 14-653.1, 14-653.2; Acts 2007, No. 471, § 3; 2009, No. 193, § 10; 2015, No. 866, § 1.

Amendments. The 2009 amendment, in (a), substituted “ninety-five percent (95%)” for “ninety percent (90%)” and “five percent (5%)” for “ten percent (10%)” in (a)(1), deleted (a)(2) and redesignated the remaining text accordingly, and made a minor stylistic change.

The 2015 amendment inserted the (a)(1)(A) designation; in (a)(1)(A), inserted “and payment” and substituted “construction contract” for “contract”; added (a)(1)(B); inserted present (b) and redesignated the remaining subsections accordingly; and substituted “shall be withheld” for “will be withheld” in (d).

Subchapter 7 — Displaced Persons

A.C.R.C. Notes. Acts 1973, No. 12, § 1, provided:

“The General Assembly recognizes that many projects are undertaken by various agencies, departments and instrumentalities of the State of Arkansas by counties, municipalities and other political subdivisions of the state, and by improvement districts and other public entities, which are wholly or partially financed by federal funds and which involve the acquisition, condemnation or demolition of real property or some other action which results in the displacement of persons from their homes and businesses; that Public Law 91-646 of the United States Congress requires that on and after July 1, 1972, all states must provide specified relocation benefits and advisory assistance to persons displaced by such federally aided projects; that unless legislation is enacted to authorize such state instrumentalities and subdivisions, and other public entities, to make such payments and to provide relocation assistance and payments to persons displaced by such projects, substantial federal funds may be lost; and that it is the purpose and intent of this act to authorize state agencies, departments and instrumentalities, counties and municipalities, levee and drainage districts and other improvement districts, and other public entities undertaking projects which are partially financed by federal funds to provide such relocation assistance and to make such payments to persons displaced by such projects as will comply with the provisions of Public Law 91-646.”

Research References

ALR.

State relocation assistance laws. 49 A.L.R.4th 491.

22-9-701. Relocation assistance and payments.

When any department, agency, or instrumentality of the state, or any county, municipality, or other political subdivision, or any levee, drainage, or other improvement district, or any other public entity subject to the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 undertakes any program or project wholly or partially financed with federal funds which involves the acquisition, condemnation, or demolition of real property or other action which results in any persons being displaced from their homes or businesses, the state department, agency, or instrumentality, or county, municipality, or other political subdivision, or levee, drainage, or other improvement district, or other public entity is authorized to provide relocation assistance and to make relocation payments to the displaced persons and to do such other acts and follow such procedures and practices as may be necessary to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

History. Acts 1973, No. 12, § 2; A.S.A. 1947, § 14-1001.

U.S. Code. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in this section, is codified as 42 U.S.C. § 4601 et seq.

Case Notes

Purpose.

This section reflects an intent to encourage the payment of costs of relocation in order to take full advantage of the federal payments provided by 42 U.S.C. § 4601 et seq.Southwestern Bell Tel. Co. v. City of Fayetteville, 271 Ark. 630, 609 S.W.2d 914 (1980).

Utilities.

Utilities were entitled to reimbursement for costs of relocation of telephone poles and gas meters necessitated by federally funded municipal street project. Southwestern Bell Tel. Co. v. City of Fayetteville, 271 Ark. 630, 609 S.W.2d 914 (1980).

22-9-702. Payments not compensation for realty taken.

Any payment made under the authority granted in § 22-9-701 shall be for compensating or reimbursing the displaced person in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the payments shall not, for any purpose, be deemed or considered compensation for real property acquired or as compensation for damages to remaining real property.

History. Acts 1973, No. 12, § 3; A.S.A. 1947, § 14-1002.

U.S. Code. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in this section, is codified as 42 U.S.C. § 4601 et seq.

Subchapter 8 — Fair and Open Competition in Governmental Construction Act

Publisher's Notes. Acts 2015, No. 600 was enacted without act section numbering.

22-9-801. Title.

This subchapter shall be known and may be cited as the “Fair and Open Competition in Governmental Construction Act”.

History. Acts 2015, No. 600, § [1].

22-9-802. Legislative intent.

The General Assembly intends that this subchapter:

Provide for the efficient procurement of goods and services by governmental units;
Promote the economical, nondiscriminatory, and efficient administration and completion of state and state-funded or state-assisted construction projects;
Provide for fair and open competition for construction contracts, grants, tax abatements, and tax credits awarded by governmental units;
Prohibit requirements for certain terms in construction contracts awarded by governmental units or supported through grants and tax subsidies and abatements by governmental units;
Prohibit expenditure of public funds under certain conditions;
Prohibit certain terms in procurement documents for certain expenditures by governmental units involving public facilities; and
Provide powers and duties for certain public officers, employees, and contractors.

History. Acts 2015, No. 600, § [1].

22-9-803. Definitions.

As used in this subchapter:

“Public agency” means:
1. An agency of the State of Arkansas;
2. An agency of a county, city, town, school district, or other political subdivision of the state;
3. A public trust;
4. A public entity specifically created by a statute of this state; and
5. A department, agency, board, bureau, commission, committee, or authority of a public entity listed in subdivisions (1)(A)-(D) of this section; and
1. “Public improvement” means a beneficial or valuable change or addition, betterment, enhancement, or amelioration of or upon real property or upon an interest in real property belonging to a public agency intended to enhance its value, beauty, or utility or to adapt it to new or further purposes.
2. “Public improvement” does not include the direct purchase of materials, equipment, or supplies or personal property by a public agency.

History. Acts 2015, No. 600, § [1].

22-9-804. Public agency construction contracts — Prohibited terms.

A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling documents any of the following:

A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or
A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project.

History. Acts 2015, No. 600, § [1].

22-9-805. Grants, tax abatements, and tax credits — Prohibited terms.

A public agency shall not award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in § 22-9-804 in a contract document for construction, improvement, maintenance, or renovation of real property or fixtures that are the subject of the grant, tax abatement, or tax credit.

History. Acts 2015, No. 600, § [1].

22-9-806. Construction document preparation — Prohibited terms.

A public agency or a construction manager or other contracting entity acting on behalf of a public agency shall not place a term described in § 22-9-804 in bid specifications, project agreements, or other controlling documents relating to the construction, repair, remodeling, or demolition of a public improvement.
A term included in a contract in violation of subsection (a) of this section is void.

History. Acts 2015, No. 600, § [1].

22-9-807. Exceptions — Special circumstances.

The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.
A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning:
1. The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or
2. Employees on the project who are not members of or affiliated with a collective bargaining organization.

History. Acts 2015, No. 600, § [1].

22-9-808. Applicability.

This subchapter does not apply to public construction contracts executed before July 22, 2015.
This subchapter does not:
1. Prohibit an employer or other party from entering into an agreement or engaging in another activity protected by the National Labor Relations Act, 29 U.S.C. §§ 151 — 169;
2. Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C. §§ 151 — 169; or
3. Prohibit a public agency from awarding a public contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is a party to an agreement with a collective bargaining organization if:
  1. Being or becoming a party or adhering to an agreement with a collective bargaining organization is not a condition for the award of the public contract, grant, tax abatement, or tax credit; and
  2. The public agency does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of the public contract, grant, tax abatement, or tax credit based on the status of the private owner, bidder, contractor, or subcontractor as being or becoming, or the willingness or refusal of the private owner, bidder, contractor, or subcontractor to become, a party to an agreement with a collective bargaining organization.

History. Acts 2015, No. 600, § [1].

Subchapter 9 — Fair Notice and Efficiency in Public Works Act

A.C.R.C. Notes. Acts 2019, No. 1075, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) There is a need for a statewide system for the online advertisement of notices of an intention to receive bids by local governmental units;

“(4) The Office of State Procurement has the authority and infrastructure to issue requests for qualifications to effectuate this act”.

22-9-901. Title.

This subchapter shall be known and may be cited as the “Fair Notice and Efficiency in Public Works Act”.

History. Acts 2019, No. 1075, § 2.

22-9-902. Legislative intent.

The General Assembly intends for this subchapter to:

Provide for the efficient procurement of services to provide for the online advertisement of notices of an intention to receive bids by local governmental units;
Promote the economical and efficient administration and completion of public works construction projects;
Provide for an impartial selection process in selecting statewide vendors to administer online advertisements of notices of an intention to receive bids by local governmental units;
Provide for fair and open competition in selecting vendors to accomplish the goals of this subchapter;
Prohibit anticompetitive conduct in vendors, including without limitation a vendor's having a direct interest in one (1) or more of the other vendors awarded a contract under this subchapter; and
Provide significant penalties for an individual or entity that violates this subchapter.

History. Acts 2019, No. 1075, § 2.

22-9-903. Definitions.

As used in this subchapter:

“Public agency” means:
1. A county, city, town, and school district in this state; and
2. A department, agency, board, bureau, commission, committee, or authority of a county, city, town, or school district; and
“Vendor” means an individual, association, corporation, company, firm, organization, partnership, governmental entity, or any other entity that can provide an online system for the online advertisement of notice of an intention to receive bids under §§ 22-9-203 and 22-9-209.

History. Acts 2019, No. 1075, § 2.

22-9-904. Public Works Committee — Creation — Duties — Immunity.

1. The Public Works Committee is created and, except as provided in subdivision (a)(2) of this section, shall have the following members:
  1. The State Procurement Director or his or her designee;
  2. The Executive Director of the Arkansas Press Association, Inc. or his or her designee;
  3. The Executive Director of the Association of Arkansas Counties or his or her designee;
  4. The President of the Arkansas Municipal League or his or her designee; and
  5. The Executive Director of the Arkansas Association of Educational Administrators or his or her designee.
2. If a member of the committee elects not to participate:
  1. The Governor shall appoint a replacement; and
  2. The member who elects not to participate is not part of the committee.
The committee shall meet as needed but at least one (1) time each year.
The committee shall:
1. Administer this subchapter;
2. Prepare an annual report on the performance of the vendors selected under this subchapter and submit the report to the Office of State Procurement;
3. Hear any complaints from interested individuals or entities relating to vendors selected under this subchapter;
4. Prepare an annual report concerning the success of this subchapter and submit the report to the Office of State Procurement; and
5. Perform an annual review and remove any noncompliant vendors under § 22-9-907.
A majority vote of the members of the committee is required for the committee to take action.
1. The committee has the same immunity granted to state agencies under the Arkansas Constitution.
2. The individual members of the committee are immune to the same extent as state employees under § 19-10-305.

History. Acts 2019, No. 1075, § 2.

22-9-905. Online notice for bids.

A public agency may contract with a vendor selected under this subchapter to provide online advertisements of notices of an intention to receive bids under §§ 22-9-203 and 22-9-209.

History. Acts 2019, No. 1075, § 2.

22-9-906. Selection of vendors.

1. The Office of State Procurement shall select three (3) vendors using the procedures for the procurement of professional services under § 19-11-801 et seq.
2. The office may use the responses from a previous request for qualifications under this subchapter for up to five (5) years to replace any vendors that are removed under this subchapter.
3. If fewer than three (3) vendors respond to the request for qualifications or if there are fewer than three (3) qualified vendors, the office shall select as many qualified vendors as possible.
The vendors selected under this subchapter shall be the only vendors with which a public agency may contract for the online advertisement of notices of an intention to receive bids under §§ 22-9-203 and 22-9-209.
A vendor selected under this subchapter shall:
1. Maintain on its website a clearly designated area for public notices that is accessible through a prominently displayed and clearly labeled link from the homepage of the website; and
2. Primarily publish in the English language.
A vendor selected under this subchapter shall not:
1. Have a common owner, shareholder, member of a board of directors, employee, or any other similar interest with another vendor selected under this subchapter;
2. 1. Require payment or a subscription to view an advertisement of a notice of an intention to receive bids or any other posting authorized in this section.
  2. A vendor may require payment or a subscription to view any other document; or
3. Provide services under this subchapter for a public agency until the public agency has complied with subsections (e) and (f) of this section.
Before using the online advertisement of notices of an intention to receive bids as a form of notification, a county, city, or town shall:
1. Provide notice through publication in a newspaper concurrently with notification through an online advertisement of notice of an intention to receive bids under this subchapter for five (5) weeks;
2. Adopt a resolution at the beginning of each calendar year that identifies each website designated by ordinance for the online posting of advertisements for notices of an intention to receive bids;
3. Publish notice in a newspaper of general circulation within the county identifying each website designated for the online posting of advertisements for notices of an intention to receive bids; and
4. Adopt an ordinance that identifies each website designated for the online posting of advertisements for notices of an intention to receive bids.
Before using the online advertisement of bids as a form of notification, a school district shall:
1. Provide notice through publication in a newspaper concurrently with notification through an online advertisement of notices of an intention to receive bids under this subchapter for five (5) weeks;
2. Adopt a resolution at the beginning of each calendar year that identifies each website designated for the online posting of advertisements for notices of an intention to receive bids; and
3. Publish notice in a newspaper of general circulation within the county in which the school district is located that identifies each website designated for the online posting of advertisements for notices of an intention to receive bids.

History. Acts 2019, No. 1075, § 2.

22-9-907. Annual review — Removal of vendor — Penalties.

The Public Works Committee shall review the performance and compliance of vendors selected under this subchapter.
After reasonable notice to the vendor and a reasonable opportunity for the vendor to have a hearing, the committee may remove a vendor's authority to perform the services provided for under this subchapter if the committee determines that the vendor's performance does not meet the goals of this subchapter.
1. A vendor who knowingly violates this subchapter:
  1. Upon conviction is guilty of a Class B misdemeanor;
  2. Is prohibited from performing services under this subchapter or being selected as a vendor under this subchapter for five (5) years; and
  3. Shall pay damages to any public agency, person, or entity that is found to have ascertainable damages as a result of the vendor's violation of this subchapter.
2. The Office of State Procurement shall maintain a list of vendors that are prohibited from performing services.

History. Acts 2019, No. 1075, § 2.

22-9-908. Replacement of vendor.

A vendor shall be replaced as soon as practicable using the procedure established under § 22-9-906 if the vendor:
1. Is unable to perform the services required under this subchapter;
2. Has its authority to perform the services provided for under this subchapter removed under § 22-9-907; or
3. Is otherwise no longer performing the services required under this subchapter.
If only one (1) vendor remains as a selected vendor under this subchapter as the result of action taken under § 22-9-907, the Public Works Committee shall meet and select at least one (1) additional vendor within ninety (90) days.
An online posting to advertise the notice of an intention to receive bids by a public agency on a vendor's website at the time of a vendor's removal under § 22-9-907 shall be reposted on the website of another vendor selected under this subchapter under the same terms as the original online advertisement for notice of an intention to receive bids.

History. Acts 2019, No. 1075, § 2.

22-9-909. Multiyear contracts.

A contract with a vendor under this subchapter is subject to the restrictions of § 19-11-238.

History. Acts 2019, No. 1075, § 2.

Chapter 10 Partnership for Public Facilities and Infrastructure Act

Subchapter 1 — General Provisions

22-10-101. Title.

This chapter shall be known and may be cited as the “Partnership for Public Facilities and Infrastructure Act”.

History. Acts 2017, No. 813, § 1.

22-10-102. Legislative findings — Purpose.

The General Assembly finds that:

There is a public need for the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, and installation of public infrastructure and government facilities within the state that serve a public purpose;
The public need for government facilities and public infrastructure may not be satisfied by existing methods of procurement or funding available to the state;
There are inadequate resources to develop public infrastructure and government facilities for the benefit of citizens of the state, and there is demonstrated evidence that public-private partnerships can:
1. Promote the timely and cost-efficient development of public infrastructure and governmental facilities;
2. Provide alternative and innovative funding sources to governmental entities; and
3. Allow governmental entities to leverage and supplement the developmental cost of public infrastructure and governmental facilities through private funding and participation by the private sector in governmental incentive and tax programs that are not otherwise available to governmental entities; and
It is necessary to authorize the formation of public-private partnerships that may result in the ability to develop private projects for public infrastructure and government facilities in a more cost-efficient and timely manner, resulting in increased benefits to the public safety and welfare of the citizens of the state and substantial cost benefits to the governmental entities and the public.

History. Acts 2017, No. 813, § 1.

22-10-103. Definitions.

As used in this chapter:

“Affected local jurisdiction” means:
1. A county, a city of the first class, a city of the second class, an incorporated town, or a school district in which all or a portion of a qualifying project is located; and
2. Any other local governmental entity that is directly impacted by a qualifying project, as specified in the rules promulgated under this chapter;
“Comprehensive agreement” means a final written agreement between a private entity and a public entity executed under § 22-10-303 by which a qualifying project shall be developed;
“Develop” or “development of” means to plan, design, develop, own, finance, lease, acquire, install, construct, operate, maintain, or expand a qualifying project;
“Interim agreement” means a preliminary written agreement between a private entity and a public entity executed under § 22-10-302 by which the development, scope, and feasibility of a qualifying project is identified;
“Opportunity cost” means the cost of passing up an alternative and the increase in costs as the result of delaying a decision;
“Private entity” means a natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, and other business entity;
1. “Public entity” means an agency or instrumentality of the state, including without limitation a department, an agency, an institution of higher education, a board, or a commission.
2. “Public entity” does not include a political subdivision of the state or any other local or regional governmental entity, including without limitation a city of the first class, a city of the second class, an incorporated town, a county, a school district, an improvement district, a water authority, a public facilities board, a solid waste management district, or a water distribution district;
“Publish” means the publication by a public entity of a request for proposals one (1) time a week for three (3) consecutive weeks in a newspaper of statewide circulation;
“Qualified respondent” means the private entity selected as the most qualified respondent to undertake a qualifying project based on a request for proposals issued under this chapter;
“Qualifying project” means a capital development or improvement of any nature that:
1. Serves a public purpose, including without limitation a ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, combined heating and power facility, central utility plant facility, distributed generation facility, oil or gas pipeline, water supply facility, water treatment intake and distribution facility, waste water treatment and collection facility, waste treatment facility, hospital, library, school, educational facility, medical or nursing care facility, recreational facility, administrative facility, law enforcement facility, fire department facility, public administrative office, toll road, correctional facility, technology infrastructure facility, public building, transportation system as defined in § 27-76-103, or other similar facility currently available or to be made available to a public entity for public use, including without limitation a structure, parking area, appurtenance, and other related or unrelated infrastructure that might otherwise be described in a comprehensive agreement; and
2. Has one (1) or more of the following characteristics:
  1. It is developed using a long-term operations and maintenance agreement, management agreement, or services agreement entered into with a private entity;
  2. It is designed and built, in whole or in part, by a private entity;
  3. It is a capital development or improvement in which a private entity:
    1. Invests its own capital or third-party capital arranged by the private entity;
    2. Sources or uses indebtedness, available funds, revenues, or financial or tax incentives to fund the capital development or improvement; or
    3. Provides other consideration in the form of goods or services to the public entity to fund the project;
  4. It is owned, in whole or in part, by a private entity for the benefit of a public entity;
  5. It involves real or personal property owned by a public entity that is sold to, leased to, or exchanged with a private entity for leaseback or for use by the public entity; or
  6. It is a qualifying project as defined in the rules promulgated under this chapter;
“Request for proposals” means a notice that is issued by a public entity announcing the public entity's interest in developing a qualifying project and seeking proposals from private entities to develop the qualifying project that identifies without limitation:
1. The anticipated scope and purpose of the qualifying project;
2. The financial and nonfinancial benefits related to the qualifying project;
3. Any anticipated revenues that might be realized as a result of the operation of the qualifying project;
4. The proposed timeline under which the qualifying project is to be completed; and
5. Any other issues required by the rules promulgated under this chapter;
“Responsible public entity” means a public entity that has the statutory or constitutional authority to develop and operate the applicable qualifying project;
“Revenues” means the rates, revenues, income, earnings, user fees, lease payments, service payments, other available funds, and other revenue and cash flow of any nature arising out of or in connection with the development of a qualifying project, including without limitation the funds derived from the operation of a qualifying project or otherwise provided by the parties as stated in the comprehensive agreement, and excluding any revenues that are prohibited by law;
“User fees” means the rates, fees, or other charges imposed by a private entity for use of all or a portion of a qualifying project pursuant to a comprehensive agreement; and
“Value-for-money analysis” means the value calculated, in percentage terms, when comparing the costs to develop a qualifying project outside of this chapter to the costs to develop the qualifying project under this chapter to determine which procurement approach produces the best value to the public over a long-term period.

History. Acts 2017, No. 813, § 1.

22-10-104. Construction — Supplemental nature — Intent.

This chapter:
1. Shall be liberally construed to effectuate its purpose; and
2. Is supplemental to all other powers conferred by law and does not restrict or limit any powers that a public entity has under any other law of this state.
It is the intent of this chapter to provide an alternative method of developing qualifying projects for public entities.

History. Acts 2017, No. 813, § 1.

22-10-105. Application.

This chapter does not apply to projects of the Arkansas Department of Transportation.

History. Acts 2017, No. 813, § 1.

Subchapter 2 — Proposals for Qualifying Projects

22-10-201. Responsible public entity.

Before issuing a request for proposals or an invitation for bids, a public entity shall:
1. Seek the advice and consent of the Building Authority Division and the Arkansas Development Finance Authority; and
2. Be designated as the responsible public entity for purposes of developing the qualifying project.
A responsible public entity shall:
1. Adopt and make publicly available guidelines that are consistent with the rules promulgated under this chapter before issuing a request for proposals or an invitation for bids for a qualifying project under this chapter; and
2. Identify a representative of the responsible public entity who is available to meet with private entities that are considering submitting a proposal.

History. Acts 2017, No. 813, § 1; 2019, No. 910, § 6244.

Amendments. The 2019 amendment substituted “Building Authority Division” for “Arkansas Economic Development Commission” in (a)(1).

22-10-202. Request by responsible public entity — Fees — Notice.

A responsible public entity may issue a request for proposals or invitation for bids from private entities for the development of a qualifying project using the guidelines adopted under this chapter.
The responsible public entity may charge a reasonable, nonrefundable fee to cover the costs of processing, reviewing, and evaluating a proposal or bid under this section, including without limitation reasonable attorney's fees and fees for financial, technical, or other advisors or consultants.
A responsible public entity issuing a request for proposals or an invitation for bids under this section shall notify each affected local jurisdiction in the manner required by the rules promulgated under this chapter.

History. Acts 2017, No. 813, § 1.

22-10-203. Requirements for proposals.

A qualifying project shall be developed only after the responsible public entity has issued a request for proposals or invitation for bids under § 22-10-202(a).
1. A private entity that intends to be considered for a qualifying project under subsection (a) of this section shall submit a proposal or bid to the responsible public entity.
2. A proposal by a private entity under subdivision (b)(1) of this section shall be accompanied by the materials and information required by the rules promulgated under this chapter.
A qualifying project shall:
1. Be located on real property owned or leased by a public entity; and
2. Include any improvements necessary or desirable to unimproved real property owned by a public entity.

History. Acts 2017, No. 813, § 1.

22-10-204. Requirements for qualifying projects.

A responsible public entity may issue a request for proposals or an invitation for bids for the development of a qualifying project if the responsible public entity determines that:
1. There is a public need for or benefit to be derived from the type of qualifying project being proposed;
2. The proposals or bids are anticipated to result in the timely development of the qualifying project; and
3. The qualifying project being considered satisfies or is anticipated to satisfy any criteria stated in the rules promulgated under this chapter.
The responsible public entity's development of a qualifying project is contingent on a private entity's entering into an interim agreement or a comprehensive agreement, or both, with the responsible public entity.
Neither this chapter nor an interim agreement or a comprehensive agreement entered into under this chapter enlarges, diminishes, or affects the authority, if any, otherwise possessed by a responsible public entity to take action that would impact the debt capacity of the state.

History. Acts 2017, No. 813, § 1.

Subchapter 3 — Contracts Between Responsible Public Entity and Private Entity

22-10-301. Procurement requirements.

1. A responsible public entity may enter into a comprehensive agreement only in accordance with this chapter.
2. A comprehensive agreement may include terms and conditions related to the procurement of services or materials related to the qualifying project.
In selecting a qualified respondent:
1. Sections 19-11-801 et seq. apply;
2. Competitive bidding shall not be used; and
3. The responsible public entity shall follow the procedure established for the selection of a qualified respondent in the rules promulgated under this chapter.
Procurements related to the development of a qualifying project are exempt from any procurement laws that are not contained in this chapter or the rules promulgated under this chapter and that would otherwise apply to the responsible public entity.

History. Acts 2017, No. 813, § 1.

22-10-302. Interim agreement.

Except as otherwise provided in this section, after a responsible public entity has selected the qualified respondent to a request for proposals or invitation for bids, the responsible public entity and the qualified respondent may negotiate an interim agreement that complies with the rules promulgated under this chapter.
A responsible public entity may enter into an interim agreement with the qualified respondent either before or in connection with the negotiation of a comprehensive agreement under § 22-10-303.
1. 1. If an interim agreement is necessary to develop a qualifying project and an interim agreement cannot be negotiated and executed within the time period stated in the rules promulgated under this chapter, the responsible public entity may begin negotiations with the next most-qualified private entity that submitted a proposal in response to the request for proposals.
  2. A public entity is not required to publish a new request for proposals before beginning negotiations with the next most-qualified private entity under subdivision (c)(1)(A) of this section.
2. If an interim agreement is not necessary to develop a qualifying project under the rules promulgated under this chapter, the responsible public entity and the qualified respondent shall negotiate a comprehensive agreement under § 22-10-303.

History. Acts 2017, No. 813, § 1.

22-10-303. Comprehensive agreement.

If a responsible public entity and the qualified respondent have entered into an interim agreement, agree on the findings and conclusions stated in the interim agreement, and desire to proceed with the development of the qualifying project, the responsible public entity and qualified respondent shall negotiate and enter into a comprehensive agreement.
If it is unnecessary for a responsible public entity and the qualified respondent to enter into an interim agreement, the responsible public entity and the qualified respondent shall negotiate and enter into a comprehensive agreement following selection of the qualified respondent.
Before developing or operating the qualifying project, the qualified respondent shall enter into a comprehensive agreement with the public entity that complies with the rules promulgated under this chapter.

History. Acts 2017, No. 813, § 1.

22-10-304. Financing of qualifying project.

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. 1. 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.
  2. 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.
  3. However, bonds issued by a responsible public entity under this chapter:
    1. Shall state plainly on the face of the bonds that the bonds are issued under this chapter;
    2. Are obligations only of the responsible public entity;
    3. Do not constitute an indebtedness of the state or a pledge of the full faith and credit of the state; and
    4. Shall not be secured by a lien or security interest in any property of the state.
3. 1. 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.
  2. 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. 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 federal government, or a public entity if it would serve the public purpose of this chapter.
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.

History. Acts 2017, No. 813, § 1.

22-10-305. Service contracts.

A responsible public entity may contract with a private entity for the delivery of services to be provided as part of a qualifying project in exchange for service payments or other consideration that the responsible public entity deems appropriate.

History. Acts 2017, No. 813, § 1.

Subchapter 4 — Other Powers and Responsibilities

22-10-401. Eminent domain — Dedication.

1. A public entity may exercise its right of eminent domain under applicable law in connection with the development of a qualifying project.
2. The power of eminent domain shall not be delegated to a private entity with respect to a qualifying project commenced or proposed under this chapter.
3. Damages awarded to a third party in an eminent domain action may be included in the development budget for the qualifying project.
1. A responsible public entity may dedicate any real or personal property interest, including land, improvements, and tangible personal property, through lease, sale, or otherwise, to the qualified respondent to facilitate a qualifying project if so doing will serve the public purpose of this chapter.
2. The consideration for the dedication, lease, sale, or exchange of any real or personal property interest under subdivision (b)(1) of this section may include an agreement by the qualified respondent to operate or develop the qualifying project or provide other services to the public entity.
3. The property interests that a responsible public entity may convey to the qualified respondent in connection with a dedication under this section may include licenses, franchises, easements, or other rights or interests that the public entity deems appropriate.

History. Acts 2017, No. 813, § 1.

22-10-402. Sovereign immunity.

This chapter does not:

Waive the sovereign immunity of a public entity or the officers or employees of the public entity under state law; or
Extend a public entity's sovereign immunity to any private entity.

History. Acts 2017, No. 813, § 1.

22-10-403. Freedom of information.

This chapter does not abrogate the obligation of a responsible public entity to comply with the Freedom of Information Act of 1967, § 25-19-101 et seq.
1. However, records that would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., including without limitation confidential and proprietary information, remain exempt when in the custody or control of a public entity, the Chief Fiscal Officer of the State, or the Governor.
2. Records related to a qualifying project that are provided to or compiled or developed by a public entity, the Chief Fiscal Officer of the State, or the Governor in furtherance of the entity's or officer's powers, duties, or obligations under this chapter are exempt under § 25-19-105(b)(9)(A) as files that would give an advantage to competitors or bidders.

History. Acts 2017, No. 813, § 1.

Subchapter 5 — Administration

22-10-501. Review and approval.

The Building Authority Division shall:
1. Review each proposed qualifying project for compliance with the rules promulgated under this chapter;
2. If a proposed qualifying project complies with the rules promulgated under this chapter, assign the qualifying project to the responsible public entity for purposes of issuing a request for proposals or an invitation for bids; and
3. After the responsible public entity selects a qualified respondent and upon request of the responsible public entity, assist in the negotiation of an interim agreement or a comprehensive agreement in accordance with this chapter and the rules promulgated under this chapter.
1. Before execution of an interim agreement or a comprehensive agreement, the responsible public entity shall:
  1. Review, negotiate, and select a qualifying project in accordance with this chapter and the rules promulgated under this chapter; and
  2. 1. Submit the proposed interim agreement or comprehensive agreement to the Secretary of the Department of Transformation and Shared Services for approval.
    2. After completing all of the steps in subdivision (b)(2) of this section, the responsible public entity shall submit a proposed comprehensive agreement to the Governor for approval and authorization to execute the comprehensive agreement.
2. Before execution of a comprehensive agreement, the responsible public entity shall:
  1. Conduct a public hearing in accordance with the requirements of § 19-9-607;
  2. Satisfy any requirements established by the rules promulgated under this chapter; and
  3. After conducting a public hearing under subdivision (b)(2)(A) of this section and receiving approval of the proposed comprehensive agreement under subdivision (b)(1)(B) of this section, authorize the execution of the comprehensive agreement by order, ordinance, or resolution at a public meeting that complies with § 25-19-106.

History. Acts 2017, No. 813, § 1; 2019, No. 910, §§ 6245, 6246.

Amendments. The 2019 amendment substituted “Building Authority Division” for “Arkansas Economic Development Commission” in (a); and substituted “Secretary of the Department of Transformation and Shared Services” for “Chief Fiscal Officer of the State” in (b)(1)(B)(i).

22-10-502. Arkansas Economic Development Commission — Duties.

The Arkansas Economic Development Commission or the Building Authority Division shall promulgate certain rules regarding the definitions and guidelines related to the development of qualifying projects under this chapter within ninety (90) days of August 1, 2017.
The guidelines promulgated under this section shall include without limitation:
1. Criteria for selecting qualifying projects to be undertaken by a public entity;
2. Criteria for selecting among competing proposals submitted according to a request for proposals under this chapter;
3. Timelines for selecting a qualified respondent under the process for requests for proposals under this chapter;
4. Guidelines for negotiating a comprehensive agreement; and
5. Guidelines for allowing the accelerated selection of a qualified respondent and the review and approval of a qualifying project that is determined to be a priority by the Governor and is funded, in whole or substantial part, by dedicated revenues.

History. Acts 2017, No. 813, § 1; 2019, No. 910, § 6247.

Amendments. The 2019 amendment inserted “or the Building Authority Division” in (a).

22-10-503. Rules.

The Arkansas Economic Development Commission or the Building Authority Division 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:
  1. Reasonable criteria for selecting and scoring among competing proposals;
  2. Financial review and analysis procedures for financial and technical advisors or consultants that include without limitation:
    1. A cost-benefit analysis;
    2. A value-for-money analysis, which shall include without limitation a:
      1. Qualitative assessment;
      2. Quantitative assessment;
      3. Business case analysis; and
      4. 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;
    3. An assessment of the opportunity cost;
    4. An analysis of the lifecycle costs, including without limitation the design and construction costs, operating costs, and maintenance and upgrade costs; and
    5. Consideration of the results of relevant studies and analyses related to the proposed qualifying project;
  3. Procedures for considering the nonfinancial benefits of a proposed qualifying project;
  4. Suggested timelines for selecting proposals and negotiating an interim agreement or a comprehensive agreement;
  5. 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;
  6. Procedures to:
    1. Determine the adequacy of the information released when seeking proposals under this chapter; and
    2. 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;
  7. 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;
  8. Criteria for establishing and determining any fees that the responsible public entity elects to charge under § 22-10-202;
  9. Procedures for posting and publishing the public notice of a responsible public entity's request for proposals, including without limitation:
    1. Specific information and documentation to be released regarding the nature, timing, and scope of the qualifying project;
    2. 1. 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.
      2. 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
    3. 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
  10. 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:
  1. 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;
  2. The method of identifying affected local jurisdictions and public entities that have complementary authority with respect to a qualifying project; and
  3. The time period during which an affected local jurisdiction and a public entity other than the responsible public entity may:
    1. Submit written comments regarding the proposed qualifying project to the responsible public entity; and
    2. 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:
  1. A project description, including without limitation:
    1. The location of the qualifying project; and
    2. 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;
  2. A feasibility statement that includes without limitation:
    1. The method by which the private entity proposes to secure any necessary property interests required for the qualifying project;
    2. A list of all permits and approvals required for the qualifying project from local, state, and federal agencies; and
    3. 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;
  3. A schedule for the initiation and completion of the qualifying project, including without limitation:
    1. The proposed responsibilities of the responsible public entity and the private entity;
    2. A timeline of the activities to be performed by the responsible public entity and the private entity; and
    3. A proposed schedule for obtaining the permits required under subdivision (a)(9)(B)(ii) of this section;
  4. A plan for financing the qualifying project, including without limitation:
    1. The sources of the private entity's funds;
    2. Any dedicated revenue source or proposed debt or equity investment on behalf of the private entity;
    3. 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
    4. The methodology and circumstances for modifying any user fees, lease payments, and other service payments;
  5. 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;
  6. The names and addresses of the persons who may be contacted for further information concerning the request; and
  7. 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:
  1. Engagement of:
    1. An attorney;
    2. A certified public accountant;
    3. A financial or economics professional; and
    4. A consultant or other professional with specialized expertise that is relevant to the proposed qualifying project;
  2. 1. 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.
    2. 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;
  3. 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
  4. 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:
  1. 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:
    1. Project planning and development;
    2. Design and engineering;
    3. Environmental analysis and mitigation;
    4. Surveying; and
    5. Ascertaining the availability of financing for the proposed qualifying project and the ownership of any work product developed;
  2. Criteria for establishing the process and timing of the negotiation of the comprehensive agreement;
  3. The process for amending, extending, or supplementing an interim agreement; and
  4. 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:
  1. 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;
  2. Dates and schedules for the completion of the qualifying project, including any available extensions or renewals of the qualifying project;
  3. A pro forma analysis or budget under which the qualifying project shall be developed, financed, constructed, operated, and maintained;
  4. 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;
  5. Financing and funding sources for the qualifying project and any contractual provisions related to the financing and funding sources for the qualifying project;
  6. A copy of each contract related to the development of the qualifying project;
  7. Reimbursements to be paid to the responsible public entity for services provided by the qualified respondent, if any;
  8. 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;
  9. 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;
  10. For the components of the qualifying project that involve construction, provisions for the:
    1. Delivery of maintenance, payment, and performance bonds in the amounts that may be specified by the responsible public entity in the comprehensive agreement; and
    2. 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;
  11. 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;
  12. 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;
  13. 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;
  14. 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
  15. 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.
The commission or division and the authority may jointly promulgate rules that establish procurement guidelines and requirements that vary depending on the type of qualifying project.

History. Acts 2017, No. 813, § 1; 2019, No. 910, §§ 6248, 6249.

Amendments. The 2019 amendment inserted “or the Building Authority Division” in (a); and inserted “or division” in (b).

22-10-504. Legal actions heard as preferred cause of action — Appeals.

A lawsuit brought concerning the validity of this chapter, bonds issued under this chapter, or the execution and delivery of an interim agreement or comprehensive agreement is of public interest and shall be advanced by the court and heard as a preferred cause of action.
An appeal from a judgment or decree rendered in a case described in subsection (a) of this section shall be taken within thirty (30) calendar days after the judgment or decree is rendered.

History. Acts 2017, No. 813, § 1.

22-10-505. Audits — Monitoring and reporting.

An account related to the construction, operation, or maintenance of a qualifying project authorized under this chapter shall be audited by the Building Authority Division, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State.
The division shall:
1. Monitor and report to the Governor, the authority, and the General Assembly concerning each qualifying project and the qualified respondent's and responsible public entity's progress in satisfying the terms and conditions of the comprehensive agreement; and
2. Require the qualified respondent to provide proof of compliance with all reporting and auditing requirements of the United States Securities and Exchange Commission and any other state or federal regulatory agency that has jurisdiction over the private entity or the qualifying project.

History. Acts 2017, No. 813, § 1; 2019, No. 910, §§ 6250, 6251.

Amendments. The 2019 amendment substituted “Building Authority Division” for “Arkansas Economic Development Commission” in (a) and the introductory language of (b).