3 | 2 | | *JLL292* 03/31/2023 12:47:21 PM JLL292 |
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4 | 3 | | |
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5 | 4 | | State of Arkansas 1 |
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6 | 5 | | 94th General Assembly A Bill 2 |
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7 | 6 | | Regular Session, 2023 SENATE BILL 558 3 |
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8 | 7 | | 4 |
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9 | 8 | | By: Senator J. Dismang 5 |
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10 | 9 | | 6 |
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11 | 10 | | For An Act To Be Entitled 7 |
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12 | 11 | | AN ACT TO AMEND THE LAW CONCER NING PUBLIC WORKS 8 |
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13 | 12 | | PROJECTS BY THE DEPA RTMENT OF PARKS, HER ITAGE, AND 9 |
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14 | 13 | | TOURISM; TO AMEND TH E DEFINITION OF "CAP ITAL 10 |
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15 | 14 | | IMPROVEMENT" FOR CER TAIN PROJECTS PERFOR MED BY THE 11 |
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16 | 15 | | DEPARTMENT OF PARKS, HERITAGE, AND TOURIS M; AND FOR 12 |
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17 | 16 | | OTHER PURPOSES. 13 |
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18 | 17 | | 14 |
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19 | 18 | | 15 |
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20 | 19 | | Subtitle 16 |
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21 | 20 | | TO AMEND THE LAW CONCERNING PUBLIC WORKS 17 |
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22 | 21 | | PROJECTS BY THE DEPARTMENT OF PARKS, 18 |
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23 | 22 | | HERITAGE, AND TOURISM. 19 |
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24 | 23 | | 20 |
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25 | 24 | | 21 |
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26 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22 |
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27 | 26 | | 23 |
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28 | 27 | | SECTION 1. Arkansas Code § 22 -2-102(1)(B), concerning the definition 24 |
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29 | 28 | | of "capital improvement" to be used under the Building Authority Division 25 |
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30 | 29 | | Act, is amended to read as follows: 26 |
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31 | 30 | | (B) Except that “capital improvement” shall not include : 27 |
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32 | 31 | | construction 28 |
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33 | 32 | | (i) Construction and reconstruction of roads and 29 |
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34 | 33 | | bridges in the state highway system by the State Highway Commission , nor 30 |
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35 | 34 | | shall the term “capital improvement” include any ; 31 |
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36 | 35 | | (ii) A building, facility, plant, structure, or 32 |
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37 | 36 | | other improvement constructed by or on behalf of the Arkansas Department of 33 |
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38 | 37 | | Transportation or the St ate Highway Commission , nor shall the term “capital 34 |
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39 | 38 | | improvement” include any lands ; 35 |
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40 | 39 | | (iii) Lands, buildings, or other structures or 36 SB558 |
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43 | 42 | | |
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44 | 43 | | |
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45 | 44 | | facilities now owned or hereafter acquired by an Arkansas state retirement 1 |
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46 | 45 | | system as an investment or as a result of th e investment of assets of the 2 |
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47 | 46 | | system; or 3 |
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48 | 47 | | (iv) Repair, alteration, and maintenance projects 4 |
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49 | 48 | | that do not exceed one hundred fifty thousand dollars ($150,000) and are 5 |
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50 | 49 | | undertaken, owned, operated, or otherwise managed by the Department of Parks, 6 |
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51 | 50 | | Heritage, and Tourism from the tax revenues received under Arkansas 7 |
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52 | 51 | | Constitution, Amendment 75, § 2, and appropriated for special maintenance to 8 |
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53 | 52 | | the Division of Arkansas State Parks; 9 |
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54 | 53 | | 10 |
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55 | 54 | | SECTION 2. Arkansas Code § 22 -9-101(c), effective until December 31, 11 |
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56 | 55 | | 2023, and concerning the requirement that the plans, specification, and 12 |
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57 | 56 | | estimates for certain public works projects be executed under the observation 13 |
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58 | 57 | | of a registered professional, is amended to read as follows: 14 |
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59 | 58 | | (c) This section does not apply to: 15 |
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60 | 59 | | (1) A school district, county, municipality, or township project 16 |
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61 | 60 | | that is planned and executed according to plans and specifications furnished 17 |
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62 | 61 | | by authorized state agencies; or 18 |
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63 | 62 | | (2)(A) The design or construction of an unpaved trail project as 19 |
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64 | 63 | | defined under § 22-2-102. 20 |
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65 | 64 | | (B) The State Parks, Recreation, and Travel Commission 21 |
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66 | 65 | | shall ensure that an unpaved trail project created under this subdivision 22 |
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67 | 66 | | (c)(2) meets the standards for observation by registered professionals as 23 |
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68 | 67 | | established by the Building Authority Division ; or 24 |
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69 | 68 | | (3) Repair, alteration, and maintenance projects that do not 25 |
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70 | 69 | | exceed one hundred fifty thousand dollars ($150,000) and are undertaken, 26 |
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71 | 70 | | owned, operated, or otherwise managed by the Department of Parks, Heritage, 27 |
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72 | 71 | | and Tourism from the tax revenues received under Arkansas Constitution, 28 |
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73 | 72 | | Amendment 75, § 2, and appropriated for special maintenance to the Division 29 |
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74 | 73 | | of Arkansas State Parks . 30 |
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75 | 74 | | 31 |
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76 | 75 | | SECTION 3. Arkansas Code § 22 -9-101(c), as suspended by Acts 2021, No. 32 |
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77 | 76 | | 568, § 4, to be effective December 31, 2023, concer ning the requirement that 33 |
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78 | 77 | | the plans, specification, and estimates for certain public works projects be 34 |
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79 | 78 | | executed under the observation of a registered professional, is amended to 35 |
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80 | 79 | | read as follows: 36 SB558 |
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83 | 82 | | |
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84 | 83 | | |
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85 | 84 | | (c) This section does not apply to: 1 |
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86 | 85 | | (1) A school distric t, county, municipality, or township project 2 |
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87 | 86 | | that is planned and executed according to plans and specifications furnished 3 |
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88 | 87 | | by authorized state agencies; or 4 |
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89 | 88 | | (2)(A) The design or construction of an unpaved trail project as 5 |
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90 | 89 | | defined under § 22-2-102. 6 |
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91 | 90 | | (B) The State Parks, Recreation, and Travel Commission 7 |
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92 | 91 | | shall ensure that an unpaved trail project created under this subdivision 8 |
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93 | 92 | | (c)(2) meets the standards for observation by registered professionals as 9 |
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94 | 93 | | established by the Building Authority Division ; or 10 |
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95 | 94 | | (3) Repair, alteration, and maintenance projects that do not 11 |
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96 | 95 | | exceed one hundred fifty thousand dollars ($150,000) and are undertaken, 12 |
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97 | 96 | | owned, operated, or otherwise managed by the Department of Parks, Heritage, 13 |
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98 | 97 | | and Tourism from the tax revenues received under Arkansas Constitution, 14 |
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99 | 98 | | Amendment 75, § 2, and appropriated for special maintenance to the Division 15 |
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100 | 99 | | of Arkansas State Parks . 16 |
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101 | 100 | | 17 |
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102 | 101 | | 18 |
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