8-26 SECTION 137. DO NOT CODIFY. Transfer of the Division of Land
108-27 Surveys of the Arkansas Agriculture Department to the Arkansas
108-28 Geographic Information System Office.
108-29 (a)(1) The Division of Land Surveys of the Arkansas Agriculture
108-30 Department is transferred to the Arkansas Geographic Information
108-31 System Office by a type 2 transfer under § 25-2-105.
108-32 (2) As used in this act, the Arkansas Geographic
108-33 Information System Office is the principal department.
108-34 (b) All authority, powers, duties, functions, records,
108-35 personnel, property, unexpended balances of appropriations,
108-36 allocations, and other funds, including the functions of budgeting or
109- 1 purchasing, are transferred to the Arkansas Geographic Information
109- 2 System Office, except as specified by this act.
109- 3 (c) All powers, duties, and functions, including rulemaking,
109- 4 regulation, and licensing, promulgation of rules, rates, regulations,
109- 5 and standards, and the rendering of findings, orders, and
109- 6 adjudications are transferred to the Arkansas Geographic Information
109- 7 Systems Board.
109- 8 (d) The members of the Advisory Board to the Division of Land
109- 9 Surveys, and their successors, shall continue to be selected in the
109-10 manner and serve for the terms provided by the statutes applicable to
109-11 the board except as specified in this act.
109-12 (e) Except as specified in this act, the Arkansas Code Revision
109-13 Commission shall replace "Division of Land Surveys of the Arkansas
109-14 Agriculture Department" with "Division of Land Surveys of the Arkansas
109-15 Geographic Information System Office".
109-16
109-17 SECTION 138. Arkansas Code § 15-21-101 is amended to read as
109-18 follows:
109-19 15-21-101. Restoration of General Land Office corners.
109-20 (a) In order to expedite the restoration of original United
109-21 States General Land Office, or GLO, corners by placement of markers
109-22 and monuments, a contract between certified land surveyors of this
109-23 state and the Division of Land Surveys of the [Arkansas Agriculture]
109-24 [Department] Arkansas Geographic Information System Office shall not be
109-25 required.
109-26 (b) Compensation may be made to any certified surveyor who
109-27 provides proof of restoration according to specifications prescribed
109-28 by the [State Surveyor] Arkansas Geographic Information Systems Board.
109-29
109-30 SECTION 139. Arkansas Code § 15-21-201(a), concerning the
109-31 creation of the Division of Land Surveys, is amended to read as
109-32 follows:
109-33 (a) There is created [in] the [Arkansas Agriculture Department a]
109-34 Division of Land Surveys of the Arkansas Geographic Information System
109-35 Office.
109-36
110- 1 SECTION 140. Arkansas Code § 15-21-202 is amended to read as
110- 2 follows:
110- 3 15-21-202. Land [survey advisory board] Survey Advisory Board -
110- 4 Creation - Members.
110- 5 (a)(1) There is created [an] the Land Survey Advisory Board [to the]
110- 6 [Division of Land Surveys].
110- 7 (2) The Land Survey Advisory Board shall assist and advise
110- 8 the Arkansas Geographic Information Systems Board concerning the
110- 9 powers, authority, and duties conferred upon the Arkansas Geographic
110-10 Information Systems Board under this subchapter.
110-11 (b) The [board] Land Survey Advisory Board shall consist of the
110-12 following:
110-13 (1) One (1) person who is a professional engineer and
110-14 registered professional surveyor designated by the State Board of
110-15 Licensure for Professional Engineers and Professional Surveyors;
110-16 (2) One (1) person who is a registered professional
110-17 surveyor designated by the Arkansas Association of Professional
110-18 Surveyors;
110-19 (3) One (1) person designated by the Arkansas Realtors
110-20 Association;
110-21 (4) One (1) person who is a registered professional
110-22 engineer and registered professional surveyor with the Arkansas State
110-23 Highway and Transportation Department designated by the State Highway
110-24 Commission;
110-25 (5) One (1) person designated by the Arkansas County Judges
110-26 Association;
110-27 (6) One (1) licensed abstractor designated by the Arkansas
110-28 Abstractors Association; and
110-29 (7) One (1) registered professional surveyor designated by

110-30 the Arkansas Forestry Commission.
110-31 (c) All members of the [board] Land Survey Advisory Board shall
110-32 serve for terms of six (6) years.
110-33 (d) Members of the [board] Land Survey Advisory Board shall serve
110-34 without compensation but may receive expense reimbursement and
110-35 stipends in accordance with § 25-16-901 et seq.
110-36
111- 1 SECTION 141. Arkansas Code § 15-21-203 is amended to read as
111- 2 follows:
111- 3 15-21-203. Land Survey Advisory [board] Board - Organization and
111- 4 meetings.
111- 5 The [Advisory Board to the Division of Land Surveys] Land Survey
111- 6 Advisory Board shall select a chair from its membership. The board
111- 7 shall meet at least quarterly and at any other times as shall be
111- 8 determined by the [Chair of the Advisory Board to the Division of Land]
111- 9 [Surveys] chair.
111-10
111-11 SECTION 142. Arkansas Code § 15-21-204 is amended to read as
111-12 follows:
111-13 15-21-204. Land Survey Advisory [board] Board - Duties.
111-14 The [Advisory Board to the Division of Land Surveys created by]
111-15 [this subchapter] Land Survey Advisory Board shall act in an advisory
111-16 capacity to the [Secretary of the Arkansas Agriculture Department and]
111-17 [the State Surveyor] Arkansas Geographic Information Systems Board in
111-18 all matters relative to formulating policies of the Division of Land
111-19 Surveys of the Arkansas Geographic Information System Office and in
111-20 promulgating the regulations designed to establish uniform
111-21 professional surveying and mapping methods and standards for the state
111-22 and in formulating other policies, practices, and regulations as the
111-23 [secretary and the State Surveyor shall deem] Arkansas Geographic
111-24 Information Systems Board with the advice of the Land Survey Advisory
111-25 Board deems necessary to carry out the purpose and intent of this
111-26 subchapter.
111-27
111-28 SECTION 143. Arkansas Code § 15-21-205 is amended to read as
111-29 follows:
111-30 15-21-205. State Surveyor - Generally.
111-31 (a) The Arkansas Geographic Information Systems Board may employ
111-32 a State Surveyor to be the head of the Division of Land Surveys [shall]
111-33 [be headed by and shall be under the direction, supervision, and]
111-34 [control of the State Surveyor] of the Arkansas Geographic Information
111-35 System Office.
111-36 (b) The State Surveyor shall:
112- 1 (1) Be a person of proven administrative ability, a
112- 2 registered professional surveyor, and a resident of the State of
112- 3 Arkansas with training and experience properly qualifying the person
112- 4 for the performance of his or her official duties;
112- 5 (2) Be appointed by and serve at the pleasure of the
112- 6 [Secretary of the Arkansas Agriculture Department, provided that the]
112- 7 [secretary shall appoint the State Surveyor after consulting] Arkansas
112- 8 Geographic Information Systems Board after the Arkansas Geographic
112- 9 Information Systems Board consults with the State Board of Licensure
112-10 for Professional Engineers and Professional Surveyors and the Arkansas
112-11 Society of Professional Surveyors;
112-12 (3) Devote his or her full time to the performance of his
112-13 or her official functions and duties as prescribed in this subchapter;
112-14 (4) Hold no other lucrative position while serving as State
112-15 Surveyor; and
112-16 (5) Receive such compensation as may be prescribed by law.
112-17
112-18 SECTION 144. Arkansas Code § 15-21-206 is amended to read as
112-19 follows:
112-20 15-21-206. [State Surveyor] Arkansas Geographic Information Systems
112-21 Board - Powers and duties.
112-22 The [State Surveyor, acting under the supervision and direction]
112-23 [and with the approval of the Secretary of the Arkansas Agriculture]
112-24 [Departmen]t Arkansas Geographic Information Systems Board, shall have
112-25 the following authority and responsibility:
112-26 (1) To:
112-27 (A) Restore, maintain, and preserve the land survey
112-28 monuments, section corners, and quarter section corners established by
112-29 the United States Public Land Survey within the State of Arkansas,
112-30 together with all pertinent field notes, plats, and documents; and
112-31 (B) Restore, establish, maintain, and preserve other
112-32 boundary markers as may be determined to be necessary or important in
112-33 establishing and maintaining accurate land descriptions in this state;

112-34 (2)(A) To design and cause to be placed at established
112-35 public land survey corner sites, where practical, substantial
112-36 monuments permanently indicating with words and figures the exact
113- 1 location involved.
113- 2 (B) If the monuments cannot be placed at the exact
113- 3 corner point, then witness corners of similar design shall be placed
113- 4 as near as is possible with words and figures indicating the bearing
113- 5 and distance to the true corner;
113- 6 (3) To establish, maintain, and provide safe storage
113- 7 facilities for a comprehensive system of recordation of information
113- 8 respecting all monuments established by the United States Public Land
113- 9 Survey within this state and any records as may be pertinent to the
113-10 Division of Land Surveys of the [Office of the Commissioner of State]
113-11 [Lands] Arkansas Geographic Information System Office establishment or
113-12 maintenance of other land corners, Arkansas coordinate system stations
113-13 and accessories, and monuments in general;
113-14 (4) To extend throughout the state a triangulation and
113-15 leveling net of precision whereby the Arkansas Coordinate System 1983,
113-16 § 15-21-301 et seq., already initiated in this state by the United
113-17 States National Geodetic Survey may be made to cover to the necessary
113-18 extent those areas of the state that do not now have enough geodetic
113-19 control stations to permit the general use of the system by land
113-20 surveyors and others;
113-21 (5) To collect and preserve information obtained from
113-22 surveys made by those authorized to establish land monuments or land
113-23 boundaries and to assist in the proper recording of the information by
113-24 the duly constituted county officials or other appropriate officials;
113-25 (6)(A) To furnish certified copies of records created or
113-26 maintained by the division to any person, entity, or agency upon
113-27 request therefor and payment of the prescribed fees.
113-28 (B) All such records when certified by the [State]
113-29 [Surveyor] division or a designated assistant shall be admissible in
113-30 evidence in any court in this state as the original record filed with
113-31 this agency;
113-32 (7) To:
113-33 (A) Prescribe reasonable rules not inconsistent with
113-34 law designed to establish uniform professional surveying and mapping
113-35 methods and standards in this state;
113-36 (B) Disseminate the rules to those engaged in the
114- 1 profession of land surveying; and
114- 2 (C) Administer the rules by referring evidence of
114- 3 violations to the State Board of Licensure for Professional Engineers
114- 4 and Professional Surveyors under subdivision (9) of this section;
114- 5 (8) To promote the training and the increase in number of
114- 6 quality surveyors in this state;
114- 7 (9) To receive and investigate complaints against any
114- 8 surveyor and to present the results from the investigation of
114- 9 complaints to the board for any action the board considers
114-10 appropriate;
114-11 (10) To assist the county assessors in establishing
114-12 accurate land descriptions of the state-owned or state-claimed lands
114-13 and to assist the public and private surveyors to obtain land
114-14 ownership information for surveying purposes;
114-15 (11) To accept for the state gifts, grants, and donations
114-16 from any and all persons, corporations, associations, and foundations
114-17 and from the federal or state government or any agency or program
114-18 thereof to be deposited in a financial institution in this state;
114-19 (12) To enter into such agreements or contracts with
114-20 agencies of the United States Government, agencies of the State of
114-21 Arkansas, other states, and registered land surveyors as [he or she] the
114-22 Arkansas Geographic Information Systems Board deems necessary or
114-23 desirable to properly plan and execute projects within the scope and
114-24 purpose of this subchapter; and
114-25 (13) To employ such surveyors and other professional and
114-26 nonprofessional assistants and to take other reasonable action as
114-27 deemed necessary to carry out the purposes of this subchapter.
114-28
114-29 SECTION 145. Arkansas Code § 15-21-207(a), concerning
114-30 registration of surveyors, is amended to read as follows:
114-31 (a) Every employee of the Division of Land Surveys of the
114-32 Arkansas Geographic Information System Office who performs any work
114-33 required by law to be done by a registered professional surveyor shall
114-34 be a registered surveyor.
114-35
114-36 SECTION 146. Arkansas Code § 15-21-208 is amended to read as
115- 1 follows:

115- 2 15-21-208. Right to enter private property.
115- 3 (a) The State Surveyor or any employee of the Division of Land
115- 4 Surveys of the Arkansas Geographic Information System Office shall
115- 5 have the right to enter upon private property for the purpose of
115- 6 making surveys or searching for, locating, relocating, or
115- 7 remonumenting land monuments, levelling stations, or section corners.
115- 8 (b) Employees of the division [and], members of the [Advisory Board]
115- 9 [to the Division of] Land [Surveys] Survey Advisory Board, and members of
115-10 the Arkansas Geographic Information Systems Board shall be immune from
115-11 arrest for trespass in performing their duties as prescribed in this
115-12 subchapter but shall always, where practical, announce and identify
115-13 themselves and their intentions before entering upon private property.
115-14 The employees and [board] members of the Land Survey Advisory Board and
115-15 the Arkansas Geographic Information Systems Board shall be personally
115-16 liable for any damage caused to private property by their wantonness,
115-17 willfulness, or gross negligence.
115-18
115-19 SECTION 147. Arkansas Code § 15-21-209(a), concerning copies of
115-20 certain land records, is amended to read as follows:
115-21 (a) When the State Surveyor so requests, the public recorder of
115-22 deeds, mortgages, or other instruments dealing with interest in real
115-23 property and all state agencies, boards, and commissions and all
115-24 county and municipal officials shall furnish to the Division of Land
115-25 Surveys of the Arkansas Geographic Information System Office certified
115-26 copies of records in their custody which are essential for the
115-27 division to carry out its duties under the provisions of this
115-28 subchapter.
115-29
115-30 SECTION 148. Arkansas Code § 15-21-210(a), concerning the sale
115-31 of information by the Division of Land Surveys, is amended to read as
115-32 follows:
115-33 (a) The Division of Land Surveys of the Arkansas Geographic
115-34 Information System Office may produce, reproduce, and sell maps,
115-35 plats, and records and shall prescribe a reasonable charge therefor.
115-36
116- 1 SECTION 149. Arkansas Code § 17-48-106(a)(2), concerning the
116- 2 filing of boundary surveys, is amended to read as follows:
116- 3 (2) A licensed surveyor shall file the plat with the [State]
116- 4 [Surveyor] Division of Land Surveys of the Arkansas Geographic
116- 5 Information System Office within thirty (30) days after payment for
116- 6 performing the survey or the plat is completed, whichever event occurs
116- 7 last.
116- 8
116- 9 SECTION 150. Arkansas Code § 25-38-209 is repealed.
116-10 [25-38-209. Transfer of the Division of Land Surveys.]
116-11 [(a)(1) Effective July 1, 2007, the Division of Land Surveys in]
116-12 [the Office of Commissioner of State Lands is transferred to the]
116-13 [Arkansas Agriculture Department and shall be administered by the]
116-14 [Secretary of the Arkansas Agriculture Department.]
116-15 [(2) All authority, powers, duties, functions, records,]
116-16 [authorized positions, property, unexpended balances of appropriations,]
116-17 [allocations, or other funds of the Division of Land Surveys are]
116-18 [transferred to the Arkansas Agriculture Department.]
116-19 [(b) In order to protect the Division of Land Surveys, to allow]
116-20 [for continuation of necessary procedures, and to provide for a smooth]
116-21 [transition to the Department of Agriculture, the Secretary of the]
116-22 [Arkansas Agriculture Department may not realign the functions and]
116-23 [records of the Division of Land Surveys of the Arkansas Agriculture]
116-24 [Department before July 1, 2008.]
116-25
116-26 SECTION 151. Arkansas Code § 25-16-903(47), concerning the
116-27 authorization of the Advisory Board to the Division of Land Surveys to
116-28 receive stipends, is amended to read as follows:
116-29 (47) [Advisory Board to the Division of] Land [Surveys] Survey
116-30 Advisory Board;
116-31
116-32 SECTION 152. DO NOT CODIFY.
116-33 (a) Any funds authorized by the Ninetieth General Assembly from
116-34 the Arkansas Building Authority Maintenance Fund may be deemed payable
116-35 from the Building Authority Division Maintenance Fund.
116-36 (b) Any funds authorized by the Ninetieth General Assembly from
117- 1 the Arkansas Building Authority Real Estate Fund may be deemed payable
117- 2 from the Building Authority Division Real Estate Fund.
117- 3
117- 4 SECTION 153. EMERGENCY CLAUSE. It is found and determined by
117- 5 the General Assembly of the State of Arkansas that the Arkansas

117- 6 Building Authority, the Arkansas Science and Technology Authority, the
117- 7 Department of Rural Services, and the Division of Land Surveys of the
117- 8 Arkansas Agriculture Department are inefficiently structured; that
117- 9 this inefficient structuring causes an excessive and unnecessary cost
117-10 to the taxpayers of the this state; and that this act is essential to
117-11 alleviating that financial burden. Therefore, an emergency is
117-12 declared to exist, and this act being necessary for the preservation
117-13 of the public peace, health, and safety shall become effective on July
117-14 1, 2015.
117-15
117-16
117-17
117-18
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117-20