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AAC


RESEARCH CORNER Contracts


federal minimum wage, state minimum wage and Federal Davis Act were not repealed by the Act and may apply to the project. Act 1068 of 2017 and repeal of the Arkansas prevailing wage should result in significant savings to the county, cities and the contractors for their public works capital improvement projects. Te laws on selling county property have been updated on numerous occasions. A notable change is from Acts 614 and 1014 of 2011, which amended Ark. Code § 14-16-105 and Ark. Code § 14-16-106. Both amended sections of the code authorizing conducting sales over the internet. Ark. Code § 14-16-105 also was updated to exempt conveying an easement (such as a utility easement for a public utility or a road easement for a city or the state). Ark. Code § 14-16-105 also was amended to address situations in which a county hospital has been vacant and abandoned for more than 120 days. Ark. Code § 14-16-105 was amended to provide that there’s no need for a vote of the people to sell a hospital that has been vacant or abandoned for the requisite 120 days under the Act. Te CJAA, along with the other affiliate organizations, need to consider further updating Ark. Code § 14-16-105. Te current law references a board of approval whereby the sheriff, treasurer and circuit clerk constitute the board of approval and county judge the ex-officio chair. Also, the law provides for a different process depending on if the appraised value is less than or more than $2,000. Te CJAA and AAC might consider seeking simplification of this law. Many counties more often sell property by a less complicated man- ner, as per Ark. Code § 14-16-106 — sale by public auction. Act 98 of 2015 (sponsored by Rep. Mark McElroy) amended Ark. Code 14-16–116, which allows counties to exchange properties, real or personal, with other counties, municipalities, community colleges or institutions of higher education. Tis section of the Arkansas Code allows vari- ous local and state government entities to exchange real or personal property so that one entity may fulfill a need and the other may convey their surplus property. Te law previ- ously authorized an exchange but was not clear on whether an exchange was required or what type of consideration was legal. Act 98 of 2015 made clear the law does not require an


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ach legislative session these laws are subject to bills seeking to amend their fundamental


content. In many instances legislators who did not have any prior discussion with their county officials or AAC staff introduce these bills.


exchange of property, but plainly allows consideration in the form of an agreement for services, legal tender or other con- sideration. Te Act also added community colleges or institu- tions of higher education to the eligible entities to participate in an exchange or transfer. Note the law requires approval by ordinance of the quorum court. HB 1278, sponsored by Rep. Dan Douglas, provided for single source purchases by counties. Now Act 465 of 2013, it amended Ark. Code § 14-22-106 to provide an exemption from the formal bid process in which goods or services are available only from a single source. Te Act provides that to attain single source status the purchase be supported with: (i) Documentation concerning the exclusivity of the single source; and (ii) A county court order filed with the county clerk that sets forth the basis for the single source procure- ment.


Te county purchase


laws were further amend- ed by Act 561 of 2015 (SB 319) sponsored by Sen. Bruce Maloch. Act


561 of 2015 amended the definition of used or second-hand motor vehicles, equipment and machinery from two years to one year; from 10,000 miles to 5,000 miles; and from 500 working hours to 250 working hours (Ark. Code § 14-22- 101 and 106).


Te categories of laws briefly touched on above just scratch


the surface. Other categories of laws in this realm include procurement of professional services, procurement of per- sonal services, state procurement, and cooperative purchasing and purchasing under Amendment 78, etc. Also, there’s a body of case law and body of Attorney General opinions on this realm of the law. County judges must continually learn and update these laws. Each legislative session these laws are subject to bills seek- ing to amend their fundamental content. In many instances legislators who did not have any prior discussion with their county officials or AAC staff introduce these bills. We hope you will ask your legislators about their intentions for the next legislative session. Our county officials have first-hand knowledge of how these laws operate and work in the real world. Let’s avoid the conflicts created by legislators filing bills on laws you use routinely without seeking your input and the input of AAC staff.


COUNTY LINES, FALL 2017


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