Stricken language would be deleted from and underlined language would be added to present law.
*MBM088* 02-28-2023 10:27:17 MBM088
State of Arkansas As Engrossed: H2/20/23 H2/28/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1415 3
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By: Representative Lundstrum 5
By: Senator J. English 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE PROVISIONS OF ARKANS AS 9
CONSTITUTION, ARTICL E 19, § 14, TO PROVI DE THAT 10
LOTTERY PROCEEDS MAY BE USED TO FUND OR P ROVIDE 11
SCHOLARSHIPS AND GRA NTS TO ARKANSAS CITI ZENS ENROLLED 12
IN VOCATIONAL-TECHNICAL SCHOOLS AN D TECHNICAL 13
INSTITUTES; TO AMEND ARKANSAS CONSTIT UTION, ARTICLE 14
19, § 14, PURSUANT T O THE AUTHORITY GRAN TED BY 15
ARKANSAS CONSTITUTIO N, ARTICLE 5, § 1; T O AMEND 16
PROVISIONS OF THE AR KANSAS CODE CONCERNI NG APPROVED 17
INSTITUTIONS OF HIGH ER EDUCATION UNDER L AWS 18
CONCERNING SCHOLARSH IPS AND GRANTS FUNDED BY LOTTE RY 19
PROCEEDS; AND FOR OT HER PURPOSES. 20
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Subtitle 23
TO AMEND ARKANSAS CONSTITUTION, ARTICLE 24
19, § 14, AND ARKANSAS LAW TO PROVIDE 25
THAT LOTTERY PROCEEDS MAY BE USED FOR 26
SCHOLARSHIPS AND GRANTS TO ARKANSANS 27
ENROLLED IN VOCATIONAL -TECHNICAL SCHOOLS 28
AND TECHNICAL INSTITUTES. 29
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 32
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SECTION 1. DO NOT CODIFY. LEGISLATIVE INTENT. 34
(a) The General Assembly finds: 35
(1) Arkansas Constitution, Article 5, § 1, provides that "[n]o 36 As Engrossed: H2/20/23 H2/28/23 HB1415
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measure approved by a vote of the people shall be amended or repealed by the 1
General Assembly. . . except upon a yea and nay vote on roll call of two -2
thirds of all the members elected to each house of the General Assembly. . 3
."; 4
(2) Arkansas Constitution, Article 5, § 1, defines "measure" to 5
include any bill, law, resolution, ordinance, charter, constitutional 6
amendment or legislative proposal or enactment of any character; 7
(3) The plain language of the definition of "measure" in 8
Arkansas Constitution, Article 5, § 1, clearly includes amendments to the 9
Arkansas Constitution, meaning that the General Assembly may amend amendments 10
to the Arkansas Constitution with a two -thirds vote of each house; 11
(4) Despite observing that the definition of "measure" in 12
Arkansas Constitution, Article 5, § 1 includes "constitutional amendment(s) 13
'or legislative proposals of any character'", the Supreme Court in Arkansas 14
Game and Fish Commission v. Edgmon , 218 Ark. 207, 235 S.W.2d 554 (1951), 15
declined to construe the language literally and held that the General 16
Assembly lacked the power to amend or repeal amendments to the Arkansas 17
Constitution by a two -thirds vote of each house; 18
(5) In Board of Truste es of the University of Arkansas v. 19
Andrews, 2018 Ark. 12 (2018), the Supreme Court overturned years of precedent 20
by holding that the General Assembly cannot waive by law the state's 21
sovereign immunity granted by Arkansas Constitution, Article 5, § 20; 22
(6) In reaching its decision in Andrews, supra, the Supreme 23
Court held that the language of Arkansas Constitution, Article 5, § 20, 24
should be interpreted "precisely as it reads"; and 25
(7) An interpretation of Arkansas Constitution, Article 5, § 1, 26
"precisely as it reads" clearly leads to the conclusion that the General 27
Assembly may amend all measures, including constitutional amendments, by a 28
two-thirds vote of each house, as the term "measure" has been given a plain 29
and unambiguous definition in Arkansa s Constitution, Article 5, § 1. 30
(b) By the passage of this act, the General Assembly expresses its 31
belief that, upon consideration of this act using the standard of review 32
established in Andrews, supra, the Supreme Court will: 33
(1) Interpret Arkansas Constitution, Article 5, § 1, precisely 34
as it reads in consideration of its plain and unambiguous language; 35
(2) Overturn its decision in Edgmon, supra, as inconsistent with 36 As Engrossed: H2/20/23 H2/28/23 HB1415
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its holding in Andrews, supra, and Buonauito, supra; and 1
(3) Uphold the constitutional authority of the General Assembly 2
under Arkansas Constitution, Article 5, § 1, to amend or repeal amendments to 3
the Arkansas Constitution by a two -thirds vote of each house. 4
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SECTION 2. Arkansas Constitution, Article 19, § 14(b), conce rning the 6
use of lottery proceeds, is amended under the authority granted by Arkansas 7
Constitution, Article 5, § 1, to read as follows: 8
(b)(1) Lottery proceeds shall be used solely to pay the operating 9
expenses of lotteries, including all prizes, and t o fund or provide for 10
scholarships and grants to citizens of this State enrolled in public and 11
private non-profit two-year and four-year colleges and universities the 12
following higher education institutions located within the State that are 13
certified according to criteria established by the General Assembly : 14
(A) A public or private nonprofit two -year or four-year 15
college or university; 16
(B) A public or private vocational -technical school; or 17
(C) A public or private technical institute. 18
(2) The General Assembly shall establish criteria to determine 19
who is eligible to receive the scholarships and grants pursuant to this 20
Amendment. 21
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SECTION 3. Arkansas Code § 6 -85-204(3), concerning the definition of 23
an "approved institution of higher educa tion" under the Arkansas Academic 24
Challenge Scholarship Program, is amended to read as follows: 25
(3) "Approved institution of higher education" means an 26
institution of higher education approved by the division to participate in 27
the Arkansas Academic Chal lenge Scholarship Program and that is: 28
(A) A state-supported two-year or four-year college or 29
university; 30
(B) A private, nonprofit two -year or four-year college or 31
university with its primary headquarters located in Arkansas that is eligible 32
to receive Title IV federal student aid funds; or 33
(C) An approved school of nursing, subject to the 34
provisions of § 6-85-213(c); 35
(D) A public or private vocational -technical school; or 36 As Engrossed: H2/20/23 H2/28/23 HB1415
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(E) A public or private technical institute; 1
2
SECTION 4. Arkansas Code § 6 -85-302(1), concerning the definition of 3
an "approved institution of higher education" under the Arkan sas Workforce 4
Challenge Scholarship Program, is amended to read as follows: 5
(1) "Approved institution of higher education" means an 6
institution of higher education approved by the Division of Higher Education 7
to participate in the Arkansas Workforce Cha llenge Scholarship Program and 8
that is: 9
(A) A state-supported two-year or four-year college or 10
university; or 11
(B) A private, nonprofit two -year or four-year college or 12
university with its primary headquarters located in Arkansas that is eligible 13
to receive Title IV federal student aid funds; 14
(C) A public or private vocational -technical school; or 15
(D) A public or private technical institute; and 16
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SECTION 5. Arkansas Code § 6 -85-306 is amended to read as follows: 18
6-85-306. Agreements between institutions. 19
An approved institution of higher education may enter into agreements 20
with other institutions of higher education , including without limitation 21
technical institutes, to allow students enrolled in the approved institution 22
of higher education under this subchapter to take courses at the other 23
institutions of higher education. 24
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SECTION 6. Arkansas Code § 6 -85-402(1), concerning the definition of 26
"approved institution of higher education" under the Arkansas Concurrent 27
Challenge Scholarshi p Program, is amended to read as follows: 28
(1) "Approved institution of higher education" means an 29
institution of higher education that: 30
(A) Is approved by the Division of Higher Education to 31
participate in the Arkansas Concurrent Challenge Scholarsh ip Program; 32
(B) Offers at least a fifty -percent discount on the 33
tuition and mandatory fees of an endorsed concurrent enrollment course or 34
certificate program to a student who is enrolled in an endorsed concurrent 35
enrollment course or certificate progra m, unless other opportunities are 36 As Engrossed: H2/20/23 H2/28/23 HB1415
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provided that lower the tuition and mandatory fees below fifty percent (50%); 1
and 2
(C) Is a: 3
(i) State-supported two-year or four-year college or 4
university; or 5
(ii) Private, nonprofit two -year or four-year 6
college or university that has its primary headquarters located in Arkansas 7
and that is eligible to receive Title IV federal student aid funds; 8
(iii) A public or private vocational -technical 9
school; or 10
(iv) A public or private technical institute; 11
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