§ 22-2-101. Title

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

§ 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 construction […]

§ 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 […]

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

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

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

(a) The Secretary of the Department of Transformation and Shared Services may hire sufficient staff as authorized by legislation to perform the duties of the Building Authority Division. Personnel employed by the secretary shall be compensated according to the Uniform Classification and Compensation Act, § 21-5-201 et seq., for similar duties and responsibilities. (b) The […]

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

(a) 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. […]

§ 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: (1) To investigate and obtain information […]

§ 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 […]

§ 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.

§ 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 […]

§ 22-2-112. Schedule of supervision — Type two — 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 […]

§ 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 […]

§ 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 […]

§ 22-2-115. Lease-purchase agreements

(a) For the express purpose of providing adequate office facilities, the Secretary of the Department of Transformation and Shared Services, acting as the primary lessor, may enter into lease-purchase agreements to obtain facilities for state agencies. Each lease-purchase agreement shall contain a provision whereby the agreement shall be cancelled at the close of each fiscal […]

§ 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 […]

§ 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: […]

§ 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.

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

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

§ 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.