Stricken language would be deleted from and underlined language would be added to present law.
*JLL292* 03/31/2023 12:47:21 PM JLL292
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 558 3
4
By: Senator J. Dismang 5
6
For An Act To Be Entitled 7
AN ACT TO AMEND THE LAW CONCER NING PUBLIC WORKS 8
PROJECTS BY THE DEPA RTMENT OF PARKS, HER ITAGE, AND 9
TOURISM; TO AMEND TH E DEFINITION OF "CAP ITAL 10
IMPROVEMENT" FOR CER TAIN PROJECTS PERFOR MED BY THE 11
DEPARTMENT OF PARKS, HERITAGE, AND TOURIS M; AND FOR 12
OTHER PURPOSES. 13
14
15
Subtitle 16
TO AMEND THE LAW CONCERNING PUBLIC WORKS 17
PROJECTS BY THE DEPARTMENT OF PARKS, 18
HERITAGE, AND TOURISM. 19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code § 22 -2-102(1)(B), concerning the definition 24
of "capital improvement" to be used under the Building Authority Division 25
Act, is amended to read as follows: 26
(B) Except that “capital improvement” shall not include : 27
construction 28
(i) Construction and reconstruction of roads and 29
bridges in the state highway system by the State Highway Commission , nor 30
shall the term “capital improvement” include any ; 31
(ii) A building, facility, plant, structure, or 32
other improvement constructed by or on behalf of the Arkansas Department of 33
Transportation or the St ate Highway Commission , nor shall the term “capital 34
improvement” include any lands ; 35
(iii) Lands, buildings, or other structures or 36 SB558
2 03/31/2023 12:47:21 PM JLL292
facilities now owned or hereafter acquired by an Arkansas state retirement 1
system as an investment or as a result of th e investment of assets of the 2
system; or 3
(iv) Repair, alteration, and maintenance projects 4
that do not exceed one hundred fifty thousand dollars ($150,000) and are 5
undertaken, owned, operated, or otherwise managed by the Department of Parks, 6
Heritage, and Tourism from the tax revenues received under Arkansas 7
Constitution, Amendment 75, § 2, and appropriated for special maintenance to 8
the Division of Arkansas State Parks; 9
10
SECTION 2. Arkansas Code § 22 -9-101(c), effective until December 31, 11
2023, and concerning the requirement that the plans, specification, and 12
estimates for certain public works projects be executed under the observation 13
of a registered professional, is amended to read as follows: 14
(c) This section does not apply to: 15
(1) A school district, county, municipality, or township project 16
that is planned and executed according to plans and specifications furnished 17
by authorized state agencies; or 18
(2)(A) The design or construction of an unpaved trail project as 19
defined under § 22-2-102. 20
(B) The State Parks, Recreation, and Travel Commission 21
shall ensure that an unpaved trail project created under this subdivision 22
(c)(2) meets the standards for observation by registered professionals as 23
established by the Building Authority Division ; or 24
(3) Repair, alteration, and maintenance projects that do not 25
exceed one hundred fifty thousand dollars ($150,000) and are undertaken, 26
owned, operated, or otherwise managed by the Department of Parks, Heritage, 27
and Tourism from the tax revenues received under Arkansas Constitution, 28
Amendment 75, § 2, and appropriated for special maintenance to the Division 29
of Arkansas State Parks . 30
31
SECTION 3. Arkansas Code § 22 -9-101(c), as suspended by Acts 2021, No. 32
568, § 4, to be effective December 31, 2023, concer ning the requirement that 33
the plans, specification, and estimates for certain public works projects be 34
executed under the observation of a registered professional, is amended to 35
read as follows: 36 SB558
3 03/31/2023 12:47:21 PM JLL292
(c) This section does not apply to: 1
(1) A school distric t, county, municipality, or township project 2
that is planned and executed according to plans and specifications furnished 3
by authorized state agencies; or 4
(2)(A) The design or construction of an unpaved trail project as 5
defined under § 22-2-102. 6
(B) The State Parks, Recreation, and Travel Commission 7
shall ensure that an unpaved trail project created under this subdivision 8
(c)(2) meets the standards for observation by registered professionals as 9
established by the Building Authority Division ; or 10
(3) Repair, alteration, and maintenance projects that do not 11
exceed one hundred fifty thousand dollars ($150,000) and are undertaken, 12
owned, operated, or otherwise managed by the Department of Parks, Heritage, 13
and Tourism from the tax revenues received under Arkansas Constitution, 14
Amendment 75, § 2, and appropriated for special maintenance to the Division 15
of Arkansas State Parks . 16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36