2020 Arkansas Code
Title 22 - Public Property
Chapter 2 - Building Authority Division Act
§ 22-2-108. Powers and duties generally

Universal Citation: AR Code § 22-2-108 (2020)

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. (1) 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. (A) Where they are housed;

    2. (B) Their present and projected needs for space and facilities;

    3. (C) The rental being paid and the rental that state agencies could reasonably pay for space and facilities in public and private buildings; and

    4. (D) The public building space and facilities that can be feasibly financed from appropriated funds available to the division;

  2. (2)

    1. (A) 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. (B) 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;

  3. (3)

    1. (A) 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. (B) 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;

  4. (4) 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;

  5. (5) 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;

  6. (6) 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;

  7. (7)

    1. (A) 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. (B) 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;

  8. (8) To apply for, receive, accept, and use any moneys and properties from:

    1. (A) The United States or any state, or any department or agency thereof;

    2. (B) Any public or private corporation of any nature; and

    3. (C) Any individual or group;

  9. (9)

    1. (A) 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. (B) However, the division shall not:

      1. (i) 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. (ii) Apply minimum design and construction standards and criteria to the design or construction of an unpaved trail project;

  10. (10) To establish and enforce minimum standards and criteria for the management, maintenance, and operation of all public buildings and capital improvements;

  11. (11) To establish and enforce minimum standards and criteria for the leasing and renting of space for and by state agencies;

  12. (12) 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;

  13. (13) 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;

  14. (14) 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;

  15. (15)

    1. (A)

      1. (i) 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. (ii) These duties and responsibilities of the Office of State Procurement are transferred to the division.

    2. (B) 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

  16. (16) 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.

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