2020 Arkansas Code
Title 22 - Public Property
Chapter 2 - Building Authority Division Act
§ 22-2-114. Leasing responsibilities

Universal Citation: AR Code § 22-2-114 (2020)
  1. (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. (1)

      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.

      2. (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.

      3. (C)

        1. (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.

        2. (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. (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. (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. (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. (5)

      1. (A)

        1. (i) The secretary shall adopt standards and criteria for the leasing and utilization of space and the allocation of space to state agencies.

        2. (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.

        3. (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.

      2. (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. (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. (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.

  2. (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.

  3. (c) This section shall not apply to the State Highway Commission, the Arkansas Department of Transportation, or the Arkansas State Game and Fish Commission.

  4. (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.

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