Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1947
4
5 By: Representative Payton
6
7 For An Act To Be Entitled
8 AN ACT TO TRANSFER CERTAIN STATE ENTITIES TO THE
9 COMMISSIONER OF STATE LANDS; TO AMEND THE LAW
10 CONCERNING THE DEPARTMENT OF LABOR AND LICENSING AND
11 THE DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES;
12 TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO TRANSFER CERTAIN STATE ENTITIES TO THE
17 COMMISSIONER OF STATE LANDS; TO AMEND THE
18 LAW CONCERNING THE DEPARTMENT OF LABOR
19 AND LICENSING AND THE DEPARTMENT OF
20 TRANSFORMATION AND SHARED SERVICES; TO
21 DECLARE AN EMERGENCY.
22
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26 SECTION 1. Arkansas Code 15-21-503(c)(2)(C), concerning creation of
27 the Arkansas Geographic Information Systems Board, is amended to read as
28 follows:
29 (C) The State Geographic Information Officer shall report
30 to the Secretary of the Department of Transformation and Shared Services
31 Commissioner of State Lands.
32
33 SECTION 2. Arkansas Code 15-21-503(d), concerning creation of the
34 Arkansas Geographic Information Systems Board, is amended to read as follows:
35 (d)(1) The State Geographic Information Officer shall administer daily
36 operations of the Arkansas Geographic Information Systems Office with
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1 direction from the board and the secretary Commissioner of State Lands.
2 (2) This may include liaison between the board, the Governor,
3 the secretary Commissioner of State Lands, the State Chief Technology
4 Officer, and public or private sector entities involved in spatial data and
5 land records modernization, project management in the preparation of the
6 strategic planning documents related to spatial data and land records
7 modernization, developing policy and procedures for land records
8 modernization, and developing policy and procedures for the activities of the
9 board.
10 (3) Additional requirements are the implementation of
11 educational programs, coordinating vendor exhibits, and facilitating
12 technical assistance and consulting.
13
14 SECTION 3. Arkansas Code 22-2-104 is amended to read as follows:
15 22-2-104. Creation of Building Authority Division.
16 (a) There is created within the Department of Transformation and
17 Shared Services office of the Commissioner of State Lands the Building
18 Authority Division.
19 (b) The division shall carry out the duties and responsibilities set
20 out in 22-2-108 under the policies, guidelines, standards, and procedures
21 established by the Department of Transformation and Shared Services
22 Commissioner of State Lands.
23
24 SECTION 4. Arkansas Code 22-2-105 is amended to read as follows:
25 22-2-105. Secretary of the Department of Transformation and Shared
26 Services Commissioner of State Lands Duties.
27 (a) The Secretary of the Department of Transformation and Shared
28 Services Commissioner of State Lands may hire sufficient staff as authorized
29 by legislation to perform the duties of the Building Authority Division.
30 Personnel employed by the secretary Commissioner of State Lands shall be
31 compensated according to the Uniform Classification and Compensation Act,
32 21-5-201 et seq., for similar duties and responsibilities.
33 (b) The secretary Commissioner of State Lands shall be responsible for
34 administering the rules and policies adopted by the Department of
35 Transformation and Shared Services Commissioner of State Lands pursuant to
36 the provisions of this chapter.
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1 (c) The secretary Commissioner of State Lands shall be the disbursing
2 agent for the division and shall pay any and all accounts. The disbursing
3 agent shall furnish and keep in effect a bond to the state with a corporate
4 surety thereon which, together with any other bonds furnished by him or her,
5 shall total in final sum not less than fifty thousand dollars ($50,000) and
6 is conditioned that he or she will faithfully perform his or her duties and
7 properly handle all funds received and disbursed by him or her and account
8 for those funds. The bond so furnished shall be filed in the office of the
9 Auditor of State. The premium on the bond shall be a proper charge against
10 funds of the division.
11
12 SECTION 5. Arkansas Code 22-2-107 is amended to read as follows:
13 22-2-107. Creation of Building Authority Division sections.
14 (a) There are created within the Building Authority Division the
15 following sections which shall have the duties and responsibilities
16 designated by the Secretary of the Department of Transformation and Shared
17 Services Commissioner of State Lands and which may include, in relation to
18 other provisions of this chapter, the duties and responsibilities
19 respectively designated in this section:
20 (1) Construction Section. The Construction Section shall:
21 (A) Supervise the bidding and awarding of contracts for
22 new construction and renovations for or by state agencies' capital
23 improvements;
24 (B) Establish and maintain complete construction files on
25 all jobs, including plans and specifications for alterations, renovations,
26 and repairs of all capital improvements;
27 (C) Approve all proposed contracts, change orders, and
28 final payments requests;
29 (D) Ensure that on-site observation of all construction
30 projects, alterations, and repairs is accomplished on a regular basis and
31 maintain records of those observations;
32 (E) Obtain and maintain construction inspection and
33 observation reports from architects or engineers or their consultants from
34 state agencies and institutions for all capital improvement construction
35 projects;
36 (F)(i) Conduct visits with the design professional to
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1 determine the responsibility and performance required by the contract
2 documents.
3 (ii) On-site observations by design professionals
4 shall concur with the contractor's payment request and shall be submitted in
5 written form with the pay request.
6 (iii) The inspection and observation reports shall
7 be as adopted by the secretary Commissioner of State Lands.
8 (iv) State agencies shall engage the services of
9 licensed architects or engineers for all projects covered by the Arkansas
10 Architectural Act, 17-15-101 et seq., and the Arkansas Engineering Act,
11 17-30-101 et seq.; and
12 (G) Ensure that the construction of all projects complies
13 with the contract documents;
14 (2) Building Operations Section. The Building Operations Section
15 shall:
16 (A) Operate, maintain, and manage public buildings as
17 required by the provisions of this chapter or otherwise by law;
18 (B) Provide for maintenance and operation, including
19 janitorial services for any buildings, structures, or grounds which are
20 owned, leased, or managed by the division as may be required by the
21 provisions of this chapter; and
22 (C) Develop and, upon adoption by the secretary
23 Commissioner of State Lands, enforce procedures, standards, and criteria
24 designed to standardize the level of maintenance on all public buildings and
25 other capital improvements;
26 (3) Design Review Section. The Design Review Section shall:
27 (A) Establish procedures for the selection of engineering,
28 environmental, architectural, and building design consultants' services by
29 state agencies and by the division. The procedures shall ensure an equitable
30 opportunity for all persons and firms;
31 (B) Encourage, within the rules of the state, the timely
32 and expedient commitment and expenditure of appropriations for capital
33 improvements;
34 (C) Establish standard fee schedules for design
35 professional consultant services for capital improvements;
36 (D) Develop and establish minimum design standards and
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1 criteria, which shall be made available to all design professionals in the
2 state;
3 (E) Utilize, require, or undertake studies concerning the
4 needs for and costs of proposed capital improvements;
5 (F) Review and approve, consistent with the provisions of
6 this chapter, contracts for design professional consultant services,
7 preliminary plans, cost estimates, building programs, feasibility studies,
8 and construction bid documents for capital improvements and mediate
9 architectural and engineering design and construction-related problems;
10 (G) Assist in analyzing architectural and engineering
11 design and construction problems at state-owned facilities;
12 (H) Ensure that state agencies shall engage the services
13 of licensed architects and licensed engineers for capital improvement
14 projects which are not exempted by the requirements of:
15 (i) The Arkansas Architectural Act, 17-15-101 et
16 seq.;
17 (ii) Section 17-30-101 et seq.; and
18 (iii) Section 22-9-101 et seq.; and
19 (I) The director shall employ within the Design Review
20 Section the State Architect and the State Engineer who shall have sufficient
21 private practice experience within their respective fields as well as be
22 registered and licensed within the state; and
23 (4) Real Estate Services Section. The Real Estate Services
24 Section shall:
25 (A) Develop and enforce minimum leasing, sale, and
26 purchase of property standards and criteria for consideration and adoption by
27 the secretary Commissioner of State Lands;
28 (B) Design standard lease forms to be approved by the
29 secretary Commissioner of State Lands for use by state agencies as provided
30 in this chapter;
31 (C) Assist state agencies and the secretary Commissioner
32 of State Lands in determining and evaluating rental space needs and the
33 allocation of space for state agencies;
34 (D) Conduct surveys to determine available rental space
35 that meets minimum leasing standards and criteria and that may be available
36 for use by state agencies;
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1 (E) Otherwise carry out and administer those duties and
2 responsibilities delegated to the Real Estate Services Section by the
3 secretary Commissioner of State Lands and assist state agencies to ensure
4 that rental space acquired and utilized by state agencies is acquired and
5 utilized in a manner consistent with the intent of this chapter so that no
6 state agency shall lease space that is not absolutely essential to the
7 efficient performance of its duties and responsibilities; and
8 (F) Carry out and administer those duties and
9 responsibilities involving the purchase or sale of property by state agencies
10 that are under the jurisdiction of the division so as to ensure that the
11 property is sold or purchased in a manner consistent with Arkansas laws and
12 rules.
13 (b) The secretary Commissioner of State Lands may transfer the various
14 duties and functions among the various sections of the division and effect
15 any other organizational or administrative changes that may be necessary to
16 bring about the efficient and effective implementation of this chapter.
17
18 SECTION 6. Arkansas Code 22-2-108 is amended to read as follows:
19 22-2-108. Powers and duties generally.
20 As may be provided, allowed, or limited by the provisions of this
21 chapter, the Secretary of the Department of Transformation and Shared
22 Services Commissioner of State Lands may establish policies, guidelines,
23 standards, and procedures which shall guide and govern the Building Authority
24 Division with regard to the following responsibilities, duties, powers, and
25 activities:
26 (1) To investigate and obtain information concerning the various
27 boards, commissions, authorities, agencies, departments, and offices of the
28 state, which are the state agencies, in relation to:
29 (A) Where they are housed;
30 (B) Their present and projected needs for space and
31 facilities;
32 (C) The rental being paid and the rental that state
33 agencies could reasonably pay for space and facilities in public and private
34 buildings; and
35 (D) The public building space and facilities that can be
36 feasibly financed from appropriated funds available to the division;
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1 (2)(A) To construct and equip buildings or to acquire by gift or
2 purchase existing buildings and the sites upon which they are situated for
3 use as public buildings.
4 (B) However, before the division may construct and equip
5 buildings or acquire by purchase existing buildings and the sites upon which
6 they are situated for use as public buildings, requests for the construction
7 and equipping of those buildings or the acquisition of those existing
8 buildings shall have been first submitted to the General Assembly, or to the
9 Legislative Council when the General Assembly is not in session, and the
10 General Assembly shall have reviewed and appropriated the funds therefor or
11 specifically approved the method of funding their construction, equipping, or
12 acquisition thereof;
13 (3)(A) To provide for the operation and management of the public
14 buildings so constructed or acquired and arrange for the housing of state
15 agencies as space and facilities permit and to rent and lease space and
16 facilities upon such terms and conditions and for such rentals as the
17 division may determine.
18 (B) Should there be any surplus space in a public building
19 above the requirements of the state agencies that can be feasibly housed in
20 the building, then the division may lease or rent the surplus space to
21 individuals and organizations other than state agencies until it is needed by
22 state agencies;
23 (4) To use the lands acquired by the Arkansas Revenue Department
24 Building Commission which were transferred to State Building Services under
25 Acts 1975, No. 716, 6, as sites for public buildings and acquire additional
26 sites as provided in 22-2-109;
27 (5) To wreck, remove, and dispose of or salvage buildings or
28 other improvements as necessary for the construction and equipping of public
29 buildings or for future use of an unspecified project;
30 (6) To purchase, lease, or rent and receive devises, bequests,
31 or donations of and sell or otherwise dispose of any property, real,
32 personal, or mixed, on the division's own behalf and without the approval of
33 any other board, commission, agency, department, or officer, and the division
34 may convert into money any property bequeathed or donated to the division or
35 not needed or which cannot be used in the form received;
36 (7)(A) To execute contracts necessary to accomplish the purposes
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1 of this chapter, including without limitation a statewide contract for design
2 services to expedite the procurement of design services by a state agency in
3 an emergency.
4 (B) However, no contract shall be entered into for the
5 purchase of any real property unless the division submits the contract for
6 review to the General