Arkansas 2023 Regular Session

Arkansas Senate Bill SB558 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 666 of the Regular Session
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54 State of Arkansas 1
65 94th General Assembly A Bill 2
76 Regular Session, 2023 SENATE BILL 558 3
87 4
98 By: Senator J. Dismang 5
109 6
1110 For An Act To Be Entitled 7
1211 AN ACT TO AMEND THE LAW CONCER NING PUBLIC WORKS 8
1312 PROJECTS BY THE DEPA RTMENT OF PARKS, HER ITAGE, AND 9
1413 TOURISM; TO AMEND TH E DEFINITION OF "CAP ITAL 10
1514 IMPROVEMENT" FOR CER TAIN PROJECTS PERFOR MED BY THE 11
1615 DEPARTMENT OF PARKS, HERITAGE, AND TOURIS M; AND FOR 12
1716 OTHER PURPOSES. 13
1817 14
1918 15
2019 Subtitle 16
2120 TO AMEND THE LAW CONCERNING PUBLIC WORKS 17
2221 PROJECTS BY THE DEPARTMENT OF PARKS, 18
2322 HERITAGE, AND TOURISM. 19
2423 20
2524 21
2625 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
2726 23
2827 SECTION 1. Arkansas Code § 22 -2-102(1)(B), concerning the definition 24
2928 of "capital improvement" to be used under the Building Authority Division 25
3029 Act, is amended to read as follows: 26
3130 (B) Except that “capital improvement” shall not include : 27
3231 construction 28
3332 (i) Construction and reconstruction of roads and 29
3433 bridges in the state highway system by the State Highway Commission , nor 30
3534 shall the term “capital improvement” include any ; 31
3635 (ii) A building, facility, plant, structure, or 32
3736 other improvement constructed by or on behalf of the Arkansas Department of 33
3837 Transportation or the St ate Highway Commission , nor shall the term “capital 34
3938 improvement” include any lands ; 35
4039 (iii) Lands, buildings, or other structures or 36 SB558
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4544 facilities now owned or hereafter acquired by an Arkansas state retirement 1
4645 system as an investment or as a result of th e investment of assets of the 2
4746 system; or 3
4847 (iv) Repair, alteration, and maintenance projects 4
4948 that do not exceed one hundred fifty thousand dollars ($150,000) and are 5
5049 undertaken, owned, operated, or otherwise managed by the Department of Parks, 6
5150 Heritage, and Tourism from the tax revenues received under Arkansas 7
5251 Constitution, Amendment 75, § 2, and appropriated for special maintenance to 8
5352 the Division of Arkansas State Parks; 9
5453 10
5554 SECTION 2. Arkansas Code § 22 -9-101(c), effective until December 31, 11
5655 2023, and concerning the requirement that the plans, specification, and 12
5756 estimates for certain public works projects be executed under the observation 13
5857 of a registered professional, is amended to read as follows: 14
5958 (c) This section does not apply to: 15
6059 (1) A school district, county, municipality, or township project 16
6160 that is planned and executed according to plans and specifications furnished 17
6261 by authorized state agencies; or 18
6362 (2)(A) The design or construction of an unpaved trail project as 19
6463 defined under § 22-2-102. 20
6564 (B) The State Parks, Recreation, and Travel Commission 21
6665 shall ensure that an unpaved trail project created under this subdivision 22
6766 (c)(2) meets the standards for observation by registered professionals as 23
6867 established by the Building Authority Division ; or 24
6968 (3) Repair, alteration, and maintenance projects that do not 25
7069 exceed one hundred fifty thousand dollars ($150,000) and are undertaken, 26
7170 owned, operated, or otherwise managed by the Department of Parks, Heritage, 27
7271 and Tourism from the tax revenues received under Arkansas Constitution, 28
7372 Amendment 75, § 2, and appropriated for special maintenance to the Division 29
7473 of Arkansas State Parks . 30
7574 31
7675 SECTION 3. Arkansas Code § 22 -9-101(c), as suspended by Acts 2021, No. 32
7776 568, § 4, to be effective December 31, 2023, concer ning the requirement that 33
7877 the plans, specification, and estimates for certain public works projects be 34
7978 executed under the observation of a registered professional, is amended to 35
8079 read as follows: 36 SB558
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8584 (c) This section does not apply to: 1
8685 (1) A school distric t, county, municipality, or township project 2
8786 that is planned and executed according to plans and specifications furnished 3
8887 by authorized state agencies; or 4
8988 (2)(A) The design or construction of an unpaved trail project as 5
9089 defined under § 22-2-102. 6
9190 (B) The State Parks, Recreation, and Travel Commission 7
9291 shall ensure that an unpaved trail project created under this subdivision 8
9392 (c)(2) meets the standards for observation by registered professionals as 9
9493 established by the Building Authority Division ; or 10
9594 (3) Repair, alteration, and maintenance projects that do not 11
9695 exceed one hundred fifty thousand dollars ($150,000) and are undertaken, 12
9796 owned, operated, or otherwise managed by the Department of Parks, Heritage, 13
9897 and Tourism from the tax revenues received under Arkansas Constitution, 14
9998 Amendment 75, § 2, and appropriated for special maintenance to the Division 15
10099 of Arkansas State Parks . 16
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103-APPROVED: 4/11/23 19
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