Building Authority Division Act

Ark. Code Ann. tit. 22, ch. 2

in effect

Ark. Code Ann. § 22-2-101 Title.

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

Ark. Code Ann. § 22-2-102 Definitions.

As used in this chapter: (1)(A) “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. (B) Except that “capital improvement” shall not include: (i) Construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission ; (ii) A building, facility, plant, structure, or other improvement constructed by or on behalf of the Arkansas Department of Transportation or the State Highway Commission ; (iii) 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; or (iv) Repair, alteration, and maintenance projects that do not exceed one hundred fifty thousand dollars ($150,000) and are undertaken, owned, operated, or otherwise managed by the Department of Parks, Heritage, and Tourism from the tax revenues received under Arkansas Constitution, Amendment 75, § 2, and appropriated for special maintenance to the Division of Arkansas State Parks; (2) “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; (3) “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 (4) “Unpaved trail project” means a project to create or maintain a trail: (A) That is on property under the immediate control and management of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism; and (B) That is either: (i) To be used solely for recreational purposes; or (ii) Otherwise necessary to carry out the mission of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism . (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

Ark. Code Ann. § 22-2-103 Applicability — Construction with other laws.

(a) The provisions of this chapter shall not apply to the construction and reconstruction of roads and bridges in the state highway system by the State Highway Commission. Except as specifically provided in Title 24, neither the provisions of this chapter nor the provisions of any other chapter of the Code shall apply to any lands, buildings, or other structures or facilities now owned or hereafter acquired by the Arkansas Teacher Retirement System, as defined in the Arkansas Teacher Retirement System Affordable Housing Investment Act, § 24-7-1401 et seq., as an investment or as a result of the investment of assets of the system or pursuant to the Arkansas Teacher Retirement System Affordable Housing Investment Act, § 24-7-1401 et seq. [repealed]. (b) The provisions of this chapter shall not be construed to affect any bonds issued by state agencies or any covenants or obligations entered into in connection with such bonds or any revenues pledged or used in the security or payment of such bonds, or the production, handling, deposit, or application of such revenues, including bonds issued by the Arkansas Justice Building Commission, 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. (c) The provisions of this chapter shall not apply in any manner so as to affect, supersede, or in any other way alter the powers, duties, and responsibilities of the Joint Interim Committee on Legislative Facilities as created by §§ 10-3-1101 — 10-3-1104 and 10-3-1106 — 10-3-1110, and the provisions of §§ 10-3-1101 — 10-3-1104 and 10-3-1106 — 10-3-1110 shall not be repealed by this chapter. (d)(1) However, it is the intent of the General Assembly that the General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., be applicable to all provisions and implementations of this chapter insofar as the provisions and implementation of this chapter are not in direct conflict with that law. (2) It is the further intent that all procedures for contract bidding now or hereafter established by law or regulation applicable to capital improvements, as defined by this chapter, of state agencies shall be in full force and effect as to the implementation of the provisions of this chapter.

Ark. Code Ann. § 22-2-104 Creation of Building Authority Division.

(a) There is created within the Department of Shared Administrative Services the Building Authority Division. (b) The division shall carry out the duties and responsibilities set out in § 22-2-108 under the policies, guidelines, standards, and procedures established by the Department of Shared Administrative Services.

Ark. Code Ann. § 22-2-105 Secretary of the Department of Shared Administrative Services — Duties.

(a) The Secretary of the Department of Shared Administrative Services may hire sufficient staff as authorized by legislation to perform the duties of the Building Authority Division. Personnel employed by the secretary shall be compensated according to the Uniform Classification and Compensation Act, § 21-5-201 et seq., for similar duties and responsibilities. (b) The secretary shall be responsible for administering the rules and policies adopted by the Department of Shared Administrative Services pursuant to the provisions of this chapter. (c) The secretary shall be the disbursing agent for the division and shall pay any and all accounts. The disbursing agent shall furnish and keep in effect a bond to the state with a corporate surety thereon which, together with any other bonds furnished by him or her, shall total in final sum not less than fifty thousand dollars ($50,000) and is conditioned that he or she will faithfully perform his or her duties and properly handle all funds received and disbursed by him or her and account for those funds. The bond so furnished shall be filed in the office of the Auditor of State. The premium on the bond shall be a proper charge against funds of the division.

Ark. Code Ann. § 22-2-109 Acquisition of additional sites.

(a)(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. (b)(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)(A) 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. (B) 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: (i)(a) 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. (b) The reasonable moving expense shall be fixed by the court and at its discretion; (ii)(a) 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. (b) 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. (c) Title to all lands acquired under this chapter shall be taken in the name of the State of Arkansas; and (iii) 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.

Ark. Code Ann. § 22-2-110 Schedule of supervision generally.

The powers, authorities, and responsibilities of the Secretary of the Department of Shared Administrative 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.

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

Ark. Code Ann. § 22-2-112 Schedule of supervision — Designated funds.

(a) From the funds appropriated by the General Assembly to the Building Authority Division for the construction or purchase of a particular building or capital improvement which is specifically designated to be purchased, constructed, or improved for a particular state agency, the division shall carry out the powers, authorities, and responsibilities in respect to that construction or purchase as designated in § 22-2-111. (b) The division shall review and approve architectural and engineering design plans and construction plans to ensure compliance with minimum design and construction standards and criteria promulgated by the Secretary of the Department of Shared Administrative Services pursuant to this chapter. (c) The division shall negotiate all contracts for architectural and engineering and construction services and revisions and modifications to those contracts.

Ark. Code Ann. § 22-2-113 Schedule of supervision — Type three — All other cases.

(a) 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 Shared Administrative 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)(A) Review and approve construction plans to ensure compliance with minimum construction standards and criteria promulgated by the secretary as provided in this chapter. (B)(i) This subdivision (a)(7) does not apply to the design or construction of an unpaved trail project. (ii) 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)(A) As agent for the agency, negotiate and approve all construction contracts, revisions, and modifications necessary for the capital improvement. (B)(i) This subdivision (a)(8) does not apply to the design or construction of an unpaved trail project. (ii) 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. (b)(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.

Ark. Code Ann. § 22-2-114 Leasing responsibilities.

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

Ark. Code Ann. § 22-2-115 Lease-purchase agreements.

(a) For the express purpose of providing adequate office facilities, the Secretary of the Department of Shared Administrative Services, acting as the primary lessor, may enter into lease-purchase agreements to obtain facilities for state agencies. Each lease-purchase agreement shall contain a provision whereby the agreement shall be cancelled at the close of each fiscal biennium, if necessary, if funds for the payment of the rent under the lease-purchase agreement will not be available. (b)(1) The secretary shall make the final determination regarding the location or construction of facilities with the advice and consent of the appropriate state agency. (2) All agreements and other matters concerning the buying, trading, selling, renting, renovating, or acquiring of any real or personal property as authorized by this section shall be matters of public record and available for public inspection. (c) The General Accounting and Budgetary Procedures Law, § 19-4-101 et seq., the Arkansas Procurement Law, § 19-61-101 et seq., the Revenue Stabilization Law, § 19-20-101 et seq., and other applicable fiscal laws of this state shall be strictly complied with regarding this section.

Ark. Code Ann. § 22-2-116 Maintenance responsibilities generally.

(a) The Building Authority Division shall provide for the management, maintenance, and operation of public buildings as may be required by the provisions and implementation of this chapter, or as may otherwise be required by law. (b) The division may enter into agreements with agencies to provide for the management, maintenance, and operation of those public buildings which are not owned by the division.

Ark. Code Ann. § 22-2-117 Maintenance responsibilities — Capitol Zoning District.

(a) As to all presently existing public buildings and capital improvements within the Capitol Zoning District, as zoned by § 22-3-302(a), any person or entity responsible for the custody, management, maintenance, repair, operation, or landscaping of such public buildings and capital improvements and their grounds shall be accountable to the Building Authority Division as follows: (1) The division shall approve all plans and expenditures for alterations, repairs, maintenance, operation, management, landscaping, and provisions of utilities of and for the buildings, improvements, and grounds; (2) The division shall establish and enforce minimum standards and criteria for the maintenance, management, and operation of the buildings, improvements, and grounds, including the establishment of maintenance schedules; and (3) The division shall approve the purchase or rental of equipment and supplies for use in the management, maintenance, operation, repair, and landscaping of the buildings, improvements, and grounds. (b) The Secretary of State shall remain as custodian of the State Capitol Building and the grounds immediately surrounding the State Capitol Building upon which the State Capitol Building is located. The Secretary of State, except as may otherwise be provided by law, shall have full responsibility for the maintenance, management, and operation of the building and its grounds, including the grounds commonly known as the “Mall Area” to the west of the State Capitol Building and the Capitol Hill Building and adjacent parking areas thereto. The Secretary of State shall not be accountable to the division for such maintenance, management, and operation. (c) To the extent necessary to carry out the provisions and intent of this section, all laws relating to the powers, duties, and responsibilities of persons or entities regarding the custody and management by those persons of all buildings and grounds within the confines of the Capitol Zoning District, except for the custody and management by the Secretary of State of the State Capitol Building and its immediate grounds as provided in subsection (b) of this section, are amended. (d) Nothing in this section shall be construed as exempting public buildings and capital improvements located within the Capitol Zoning District from any other applicable provision of this chapter.

Ark. Code Ann. § 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.

Ark. Code Ann. § 22-2-120 Exemption from statutes concerning Capitol Zoning District.

(a) The construction, acquisition, management, maintenance, or operation of capital improvements and public buildings by the Building Authority Division under this chapter is declared to be exempt from the operation and implementation of the provisions of §§ 22-3-301 — 22-3-311. (b) The Secretary of the Department of Shared Administrative 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.

Ark. Code Ann. § 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 .

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.22.htmlFetched: 11/8/2026