Arkansas 2023 Regular Session

Arkansas Senate Bill SB491 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 778 of the Regular Session
3	2		MBM122 3/27/2023 2:06:00 PM MBM122
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 491 3
8	7		4
9	8		By: Senator B. Davis 5
10	9		By: Representative Wooten 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND ARKA NSAS LAW CONCERNING EMPLOYEES OF 9
14	13		INSTITUTIONS OF HIGH ER EDUCATION; TO REP EAL THE 10
15	14		HIGHER EDUCATION UNI FORM CLASSIFICATION AND 11
16	15		COMPENSATION ACT; TO DECLARE AN EMERGENCY ; AND FOR 12
17	16		OTHER PURPOSES. 13
18	17		14
19	18		15
20	19		Subtitle 16
21	20		TO AMEND ARKANSAS LAW CONCERNING 17
22	21		EMPLOYEES OF INSTITUTIONS OF HIGHER 18
23	22		EDUCATION; AND TO DECLARE AN EMERGENCY. 19
24	23		20
25	24		21
26	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
27	26		23
28	27		SECTION 1. Arkansas Code § 6 -61-203(a)(2), concerning the director and 24
29	28		staff of the Arkansas Higher Education Coordinating Board, is amended to read 25
30	29		as follows: 26
31	30		(2)(A) The director and other staff employed by the board shall 27
32	31		demonstrate competence in the field of institutional management or agency 28
33	32		management, institutional finance, financial aid, or institutional research. 29
34	33		(B) The director shall exhibit advanced coordination and 30
35	34		communication skills. 31
36	35		(C) The duties of staff employed by the boa rd shall 32
37	36		include without limitation: 33
38	37		(i) Working with institutions of higher education to 34
39	38		identify, develop, and maintain best practice strategies for human resource 35
40	39		management; 36 SB491
41	40
42	41		2 3/27/2023 2:06:00 PM MBM122
43	42
44	43
45	44		(ii) Providing labor market salary surveys as 1
46	45		needed; and 2
47	46		(iii) Establishing and maintaining the position 3
48	47		pools authorized in § 6 -63-319. 4
49	48		5
50	49		SECTION 2. Arkansas Code § 6 -63-306 is amended to read as follows: 6
51	50		6-63-306. Additional compensation for additional duties. 7
52	51		The state-supported institutions of higher edu cation may pay additional 8
53	52		compensation to classified employees for the performance of additional duties 9
54	53		assigned to them at non -job-related institution-sanctioned events, provided 10
55	54		that those additional duties are performed at times other than normal workin g 11
56	55		hours. 12
57	56		13
58	57		SECTION 3. Arkansas Code § 6 -63-308 is amended to read as follows: 14
59	58		6-63-308. Overtime for classified certain positions — Limitations. 15
60	59		(a)(1) The institutions of higher education are authorized to pay 16
61	60		overtime, in critical circumstances, t o those employees occupying the 17
62	61		positions enumerated in their biennial operations appropriation acts under 18
63	62		the heading “classified positions” with job responsibilities subject to the 19
64	63		Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq., as existing on 20
65	64		January 1, 2023. 21
66	65		(2) The payment of overtime under subsection (a) of this section 22
67	66		shall not be considered as exceeding the line -item maximum salary for the 23
68	67		position enumerated in the operative appropriation act for each institution. 24
69	68		(b)(1) In no event, however, shall the total of all overtime payments 25
70	69		for any institution except the University of Arkansas for Medical Sciences, 26
71	70		also known as UAMS, exceed in any one (1) fiscal year an amount equal to two 27
72	71		percent (2%) of the expenditures in the immediatel y preceding fiscal year for 28
73	72		regular salaries for such institution. 29
74	73		(2) The total of all overtime payments for UAMS shall not exceed 30
75	74		in any one (1) fiscal year, an amount equal to three percent (3%) of the 31
76	75		expenditures of UAMS in the immediately precedin g fiscal year for regular 32
77	76		salaries. 33
78	77		34
79	78		SECTION 4. Arkansas Code Title 6, Chapter 63, Subchapter 3, is amended 35
80	79		to add additional sections to read as follows: 36 SB491
81	80
82	81		3 3/27/2023 2:06:00 PM MBM122
83	82
84	83
85	84		6-63-317. Regular salary procedures and restrictions. 1
86	85		(a) Arkansas Constitution, Article 16, § 4, provides: “the General 2
87	86		Assembly shall fix the salaries and fees of all officers in the State; and no 3
88	87		greater salary or fee than that fixed by law shall be paid to any officer, 4
89	88		employee, or other person, or at an y rate other than par value; and the 5
90	89		number and salaries of the clerks and employees of the different departments 6
91	90		of the State shall be fixed by law.” 7
92	91		(b) For any position authorized by the General Assembly for the 8
93	92		benefit of any institution of higher education for which a maximum annual 9
94	93		salary is set out in dollars, it is the intent of the General Assembly that 10
95	94		the position be paid at a rate of pay not to exceed the maximum established 11
96	95		for the position during any one (1) fiscal year and that the maximu m annual 12
97	96		salary authorized is for full -time employment. 13
98	97		14
99	98		6-63-318. Extra help positions. 15
100	99		(a) A position authorized as extra help in an institution of higher 16
101	100		education shall be assigned a title authorized by an institution's operative 17
102	101		appropriation act, and any person hired in an extra help position shall meet 18
103	102		the minimum qualifications for the position. 19
104	103		(b) Extra help employees of institutions shall not exceed one thousand 20
105	104		five hundred (1,500) hours per fiscal year as set out in § 6 -63-314. 21
106	105		22
107	106		6-63-319. Position pools. 23
108	107		(a)(1) The Division of Higher Education shall establish and maintain a 24
109	108		central pool of four hundred (400) positions to be used to establish 25
110	109		additional positions in an institution of higher education when an 26
111	110		institution does not have sufficient positions available to meet 27
112	111		unanticipated enrollment growth, industry training demands, or its mandated 28
113	112		responsibilities. 29
114	113		(2) Central pool positions shall be used by the institution if 30
115	114		the personnel service needs exceed the number of positions authorized by the 31
116	115		General Assembly and were not anticipated at the time of the passage of the 32
117	116		institution's operative appropriation act. 33
118	117		(b)(1) The division shall establish and maintain a temporary 34
119	118		transition pool of fifty (50) positions to be used to establish additional 35
120	119		temporary positions in an institution if the institution does not have 36 SB491
121	120
122	121		4 3/27/2023 2:06:00 PM MBM122
123	122
124	123
125	124		sufficient positions available to address organizational transition issues 1
126	125		such as succession planning or other changes involving administration of the 2
127	126		institution. 3
128	127		(2) An institution shall use temporary transition pool positions 4
129	128		only if the personnel service needs exceed the number of positions authorized 5
130	129		by the General Assembly and were not anticipated at the time of the passage 6
131	130		of the institution's oper ative appropriation bill. 7
132	131		(3) A position from the temporary transition pool shall not be 8
133	132		authorized for an institution until the specific position is: 9
134	133		(A) Requested by the institution; 10
135	134		(B) Recommended by the division; and 11
136	135		(C) Reviewed by the Legislative Council or, if the General 12
137	136		Assembly is in regular, fiscal, or extraordinary session, the Joint Budget 13
138	137		Committee. 14
139	138		(4) Temporary transition pool positions shall be authorized for 15
140	139		not more than one hundred eighty (180) calendar days in a fisca l year and may 16
141	140		not be renewed or extended. 17
142	141		(c)(1) There is established a pool of three hundred (300) positions 18
143	142		assigned to the division to be used by institutions when an institution does 19
144	143		not have a vacant position available with the appropriate title an d line-item 20
145	144		maximum salary in its operative appropriation act. 21
146	145		(2) To obtain a position from the pool under subsection (c)(1) 22
147	146		of this section, an institution shall surrender a position not being utilized 23
148	147		at the time of the request. 24
149	148		(3) A request for a position from the pool under subsection 25
150	149		(c)(1) of this section shall be fulfilled upon recommendation of the division 26
151	150		and review by the Legislative Council or, if the General Assembly is in 27
152	151		regular, fiscal, or extraordinary session, the Joint Budget Committee. 28
153	152		(d) A position established under this section shall not exceed a 29
154	153		salary rate of the highest maximum annual salary rate authorized by the 30
155	154		General Assembly in the requesting institution's operative appropriation act. 31
156	155		32
157	156		6-63-320. Annual career service recognition payments for employees of 33
158	157		institutions of higher education. 34
159	158		(a)(1)(A) A nonfaculty member of an institution of higher education 35
160	159		shall become eligible for annual career service recognition payments upon 36 SB491
161	160
162	161		5 3/27/2023 2:06:00 PM MBM122
163	162
164	163
165	164		completion of ten (10) or mo re years of service in either an elected position 1
166	165		or a classified or nonclassified position with a state agency or an 2
167	166		institution of higher education. 3
168	167		(B) To receive the full amount authorized in subsection 4
169	168		(c) of this section, the service shall have b een in either elected positions 5
170	169		or regular full-time positions. 6
171	170		(C) Nonfaculty employees of institutions who work part -7
172	171		time in regular salary positions may receive annual career service 8
173	172		recognition payments on a pro rata basis. 9
174	173		(2) Periods of author ized leave without pay and leave of absence 10
175	174		for military service when veterans' reemployment rights are exercised shall 11
176	175		not negate eligibility for the payment, provided all other eligibility 12
177	176		requirements are met. 13
178	177		(b) The Division of Higher Education shall establish and publish 14
179	178		policies and procedures for the administration of career service recognition 15
180	179		payments to employees of institutions upon a determination by the Director of 16
181	180		the Division of Higher Education that the respective institution has 17
182	181		sufficient funds available for that purpose. 18
183	182		(c) Nonfaculty employees of institutions who meet eligibility 19
184	183		requirements established by subsection (a) of this section shall become 20
185	184		eligible for annual career service recognition payments on the anniversary 21
186	185		date of the completion of such service according to the following schedule: 22
187	186		23
188	187		STATE SERVICE ANNUAL PAYMENT 24
189	188		10 through 14 years of state service $ 800 25
190	189		15 through 19 years of state service $ 1,000 26
191	190		20 through 24 years of state service $ 1,200 27
192	191		25 or more years of state service $ 1,500 28
193	192		(d) Career service recognition payments authorized by this section 29
194	193		are: 30
195	194		(1) Subject to withholding of all applicable state and federal 31
196	195		taxes; and 32
197	196		(2) Included by retirement systems in determining benefits. 33
198	197		34
199	198		SECTION 5. Arkansas Code Title 21, Chapter 5, Subchapter 14, is 35
200	199		repealed. 36 SB491
201	200
202	201		6 3/27/2023 2:06:00 PM MBM122
203	202
204	203
205	204		21-5-1401. Title. 1
206	205		This subchapter shall be known and may be cited as the “Higher 2
207	206		Education Uniform Classification and Compensation Act”. 3
208	207		4
209	208		21-5-1402. Definitions. 5
210	209		As used in this subchapter: 6
211	210		(1) “Class” or “classification” means a group of positions 7
212	211		sufficiently similar as to duties performed, scope of discretion and 8
213	212		responsibility, minimum requirements of education or training, skill, 9
214	213		experience, and other characteristic s that the same class title, the same 10
215	214		test of fitness, and the same grade have been or may be applied to each 11
216	215		position in the group; 12
217	216		(2) “Classified employee” means a person regularly appointed or 13
218	217		employed in a position of state service by an institutio n of higher education 14
219	218		for which: 15
220	219		(A) He or she is compensated on a full -time basis or on a 16
221	220		pro rata basis; and 17
222	221		(B) A class title and grade are established in the 18
223	222		appropriation act for the institution in accordance with the classification 19
224	223		and compensation plan enacted in this subchapter; 20
225	224		(3) “Class specification” means a written document that 21
226	225		identifies a group of positions that require the same type of work and 22
227	226		responsibility and sets out the general components of the job description for 23
228	227		each position in the category by providing a class title, class code, 24
229	228		distinguishing features and examples of work, knowledge, skills, and 25
230	229		abilities, and the necessary minimum education and experience requirements to 26
231	230		perform the assigned duties; 27
232	231		(4)(A) “Crossgrade” means a temporary reclassification of a 28
233	232		position during the fiscal year. 29
234	233		(B) The Division of Higher Education may authorize a 30
235	234		temporary crossgrade through a change in the classification of a position 31
236	235		from the classification authorized in an instit ution's appropriation act 32
237	236		between legislative sessions to assure correct classification and for other 33
238	237		purposes with the following restrictions: 34
239	238		(i) A position shall not be crossgraded to a 35
240	239		classification at a grade higher than the grade originally aut horized for the 36 SB491
241	240
242	241		7 3/27/2023 2:06:00 PM MBM122
243	242
244	243
245	244		position by the General Assembly in the institution's appropriation act; 1
246	245		(ii) A position may be crossgraded to a 2
247	246		classification at the same or lower grade than the position as originally 3
248	247		authorized for the position by the General Assembly in the institution's 4
249	248		appropriation act; 5
250	249		(iii) Positions that have been crossgraded may be 6
251	250		restored to the original authorized class during the fiscal year with the 7
252	251		approval of the division for those positions within the same occupational 8
253	252		group; 9
254	253		(iv) Position classifications may be crossgraded or 10
255	254		restored to their original classifications only after the review and approval 11
256	255		of the division; 12
257	256		(v) Positions established under the pay plan may not 13
258	257		be crossgraded to positions having an authorized line item maximum salary 14
259	258		established by the General Assembly in the institution of higher education's 15
260	259		appropriation act; and 16
261	260		(vi) Positions having an authorized line item 17
262	261		maximum salary by the General Assembly in the institution's appropria tion act 18
263	262		may not be crossgraded from line -item status to classified status; 19
264	263		(5) “Demotion” means the change in duty assignment of an 20
265	264		employee from a position in one classification to a position in another 21
266	265		classification of a lower grade; 22
267	266		(6) “Grade” means an authorized pay range for classifications 23
268	267		assigned to the pay plan having a minimum pay level, midpoint pay level, and 24
269	268		maximum pay level as provided in this subchapter; 25
270	269		(7) “Head of the institution” means the executive head of an 26
271	270		institution of higher education; 27
272	271		(8) “Institution of higher education” or “institution” means a 28
273	272		public institution of higher education supported, in whole or in part, by 29
274	273		appropriation of state funds; 30
275	274		(9)(A)(i) “Job sharing” means a form of employment in which the 31
276	275		hours of work of two (2) or more persons are arranged in such a way as to 32
277	276		cover one (1) regular full -time position. 33
278	277		(ii) The division may authorize job sharing for any 34
279	278		regular full-time position. 35
280	279		(B) The Director of the Division of Higher Education or 36 SB491
281	280
282	281		8 3/27/2023 2:06:00 PM MBM122
283	282
284	283
285	284		his or her designee shall promulgate necessary rules to carry out this 1
286	285		subdivision (9); 2
287	286		(10) “Maximum pay level” means the highest authorized level of 3
288	287		pay for a grade for normal compensation administration purposes; 4
289	288		(11) “Midpoint pay level” means the rate of pay midway between 5
290	289		the minimum pay level and the maximum pay level established for each grade; 6
291	290		(12) “Minimum pay level” means the entry level pay rate for 7
292	291		classifications assigned to the compensation plan; 8
293	292		(13)(A) “Occupational group” me ans a collection of classes 9
294	293		having similar job description components and sharing a primary function. 10
295	294		(B) In determining the occupational group to which a class 11
296	295		is assigned, consideration shall be given to the type of work performed, the 12
297	296		education or experience required, job elements or tasks, and the purpose of 13
298	297		the job; 14
299	298		(14) “Pay level” means any single rate of pay in a grade, 15
300	299		including the minimum pay level, midpoint pay level, and maximum pay level; 16
301	300		(15) “Position” means an office or employment that is 17
302	301		legislatively authorized in an institution of higher education, occupied or 18
303	302		vacant, requiring the services of one (1) full -time equivalent employee; 19
304	303		(16) “Promotion” means the change in duty assignment of an 20
305	304		employee from a position in one clas sification to a position in another 21
306	305		classification of a higher grade; and 22
307	306		(17)(A) “Reclassification” means a change in the assignment of a 23
308	307		position from one classification title to another classification title of 24
309	308		either a higher or lower grade when mate rial and permanent changes in the 25
310	309		duties and responsibilities of the position being recommended for 26
311	310		reclassification have occurred or when it is necessary to establish a new 27
312	311		classification title to meet federal standards as a prerequisite for federal 28
313	312		programs. 29
314	313		(B) Positions eligible for reclassification within an 30
315	314		institution of higher education are only those positions assigned a specific 31
316	315		classification title and grade. 32
317	316		(C) Positions having a line -item maximum salary are exempt 33
318	317		from the provisions i n this section and may not be reclassified from line -34
319	318		item status to a classified designation bearing a salary grade. 35
320	319		(D) Positions within an institution of higher education 36 SB491
321	320
322	321		9 3/27/2023 2:06:00 PM MBM122
323	322
324	323
325	324		designated within a classification title and grade shall not be reclassified 1
326	325		to a classification title for which a line -item maximum annual salary has 2
327	326		been established. 3
328	327		(E) Interim reclassifications approved by the division 4
329	328		shall be implemented through the crossgrading of existing positions within an 5
330	329		institution of higher educati on or through the acquisition of pool positions 6
331	330		as authorized in § 21 -5-1415(a)(1). 7
332	331		8
333	332		21-5-1403. Regular salary procedures and restrictions. 9
334	333		Arkansas Constitution, Article 16, § 4, provides: “The General Assembly 10
335	334		shall fix the salaries and fees of all officers in the State, and no greater 11
336	335		salary or fee than that fixed by law shall be paid to any officer, employee 12
337	336		or other person, or at any rate other than par value; and the number and 13
338	337		salaries of the clerks and employees of the different departments of the 14
339	338		State shall be fixed by law.” Therefore, the following provisions are 15
340	339		applicable to all authorized regular salary positions in appropriation acts 16
341	340		unless specific exception is made otherwise by law: 17
342	341		(1) For any position authorized by the General Ass embly of the 18
343	342		State of Arkansas for the benefit of any institution of higher education for 19
344	343		which the provisions of this subchapter are to be applicable, it is the 20
345	344		intent of the General Assembly that this subchapter govern with respect to: 21
346	345		(A) The entry pay level; 22
347	346		(B) The frequency with which increases in pay may be 23
348	347		granted; and 24
349	348		(C) The maximum annual salary that may be paid for the 25
350	349		grade assigned each employee; 26
351	350		(2) For any position authorized by the General Assembly for the 27
352	351		benefit of any institution of higher education for which a maximum annual 28
353	352		salary is set out in dollars, it is the intent of the General Assembly that 29
354	353		the position be paid at a rate of pay not to exceed the maximum established 30
355	354		for the position during any one (1) fiscal ye ar and that the maximum annual 31
356	355		salary authorized is for full -time employment; 32
357	356		(3)(A) For all positions authorized by the General Assembly for 33
358	357		any institution of higher education, it is the intent of the General Assembly 34
359	358		in determining the annual salarie s of employees in those positions, that the 35
360	359		head of the institution take into consideration the ability of the employee 36 SB491
361	360
362	361		10 3/27/2023 2:06:00 PM MBM122
363	362
364	363
365	364		and length of service. 1
366	365		(B) It is not the intent of the General Assembly that the 2
367	366		maximum annual salaries as authorized in the approp riation act or pay 3
368	367		increases established for the various grades under this subchapter be paid 4
369	368		unless the employee meets the qualifications associated with each pay level 5
370	369		and then only within the limitations of the appropriations and funds 6
371	370		available for that purpose. 7
372	371		(C) An employee authorized by the General Assembly shall 8
373	372		not receive from appropriated or cash funds, either from state, federal, or 9
374	373		other sources, compensation in an amount greater than that established by the 10
375	374		General Assembly as the maximu m annual salary for the employee, unless 11
376	375		specific provisions are made by law; and 12
377	376		(4) An employee of an institution of higher education shall not 13
378	377		be paid any additional cash allowances, including without limitation uniform 14
379	378		allowance, clothing allowance, motor vehicle depreciation or replacement 15
380	379		allowance, fixed transportation allowance, or meals and lodging allowance 16
381	380		other than for reimbursement for costs actually incurred by the employee 17
382	381		unless the allowances are specifically set out by law as to eligib ility of 18
383	382		employees to receive the allowances, and the maximum amount of such 19
384	383		allowances are established by law for each employee or for each class of 20
385	384		employees eligible to receive the allowances. 21
386	385		22
387	386		21-5-1404. Effect on appropriation acts. 23
388	387		(a) All appropriation acts of all institutions of higher education 24
389	388		subject to this subchapter shall be governed by this subchapter with respect 25
390	389		to grades, class titles, salary increases, salary increase eligibility, and 26
391	390		other provisions unless special language in the ap propriation act of the 27
392	391		institution specifically allows the institution to provide salary increases, 28
393	392		grade assignments, class title assignments, salary increase eligibility, and 29
394	393		other provisions different from those provided by this subchapter. 30
395	394		(b) When the intent of the General Assembly, by amendment to 31
396	395		appropriation bills, is to allow a higher grade for a classification than 32
397	396		that listed in this subchapter, the grade assigned to the classification in 33
398	397		the appropriation act for the classification, as design ated with the higher 34
399	398		grade, shall be the grade for the classification in the institution during 35
400	399		the biennium. 36 SB491
401	400
402	401		11 3/27/2023 2:06:00 PM MBM122
403	402
404	403
405	404		(c) When a higher grade is authorized in this subchapter for 1
406	405		classifications that are not reflected in the appropriation act of an 2
407	406		institution, this subchapter shall set the grades to be authorized in an 3
408	407		institution's appropriation act for the biennium unless special language in 4
409	408		the appropriation act of an institution allows the institution to provide 5
410	409		salary increases other than that provided in t his subchapter. 6
411	410		(d) It is the intent of this section that the institutions governed by 7
412	411		this subchapter be authorized to allow grades as provided in the 8
413	412		appropriation acts of the institutions, provided that the rules that apply to 9
414	413		salary increases under t his subchapter shall not be waived unless special 10
415	414		language in the appropriation act of the institution authorizes the 11
416	415		institution to provide increases other than those authorized under this 12
417	416		subchapter. 13
418	417		14
419	418		21-5-1405. Division of Higher Education — Duties. 15
420	419		(a) The Division of Higher Education shall perform the following 16
421	420		administrative duties with respect to the institution of higher education 17
422	421		classification and compensation plan, subject to this subchapter: 18
423	422		(1) Determine that each position of an instituti on of higher 19
424	423		education affected by this subchapter is allocated to a class having a 20
425	424		written class specification based on the duties and responsibilities assigned 21
426	425		to the position and the requirements necessary to satisfactorily perform the 22
427	426		duties; 23
428	427		(2) Assist institutions in the allocation of positions to 24
429	428		classes established in this subchapter and in the appropriation acts covering 25
430	429		each of the institutions affected by this subchapter, and disallow the 26
431	430		allocation of a position to a class that is not in conf ormance with this 27
432	431		subchapter; 28
433	432		(3)(A) Authorize the temporary reclassification of positions in 29
434	433		an institution affected by this subchapter in cases in which it has been 30
435	434		determined by the division that there are material changes in the duties and 31
436	435		responsibilities assigned to the position when there is no available vacant 32
437	436		position having the proper classification and when it is impracticable to 33
438	437		restructure the duties of the position to the proper classification. 34
439	438		(B) The reclassification of positions may also be 35
440	439		authorized when it is necessary to establish a new classification to meet 36 SB491
441	440
442	441		12 3/27/2023 2:06:00 PM MBM122
443	442
444	443
445	444		federal standards as a prerequisite for federal programs, provided that a 1
446	445		position is not placed in a class and receive pay at a salary rate in excess 2
447	446		of the maximum salary r ate authorized for the position that was reclassified 3
448	447		as provided in the appropriation act of the institution; 4
449	448		(4)(A) Review all class specifications and all classes and 5
450	449		grades and the compensation plan affecting all institutions covered by this 6
451	450		subchapter and submit to the Legislative Council and the Governor in advance 7
452	451		of the regular session and fiscal session of the General Assembly 8
453	452		recommendations for revisions, modifications, or additions. 9
454	453		(B) When necessary, the division shall confer with the 10
455	454		staff of the Legislative Council on the development of and revisions to 11
456	455		uniform classification and compensation systems. 12
457	456		(C) Time periods for the development of recommendations 13
458	457		and time periods for the review by the Legislative Council of those 14
459	458		recommendations shall be as established by the Legislative Council. 15
460	459		(D) The time periods for recommendations and for review 16
461	460		shall be sufficiently in advance of budget hearings for the regular session 17
462	461		and fiscal session to allow for the thorough review by the L egislative 18
463	462		Council; 19
464	463		(5) Develop and implement rules to accomplish the purposes of 20
465	464		this subchapter; 21
466	465		(6)(A) Establish a procedure to allow the head of the 22
467	466		institution to review the qualifications of applicants whose education and 23
468	467		experience either do not meet or exceed that required by the class 24
469	468		specification but who have other job -related qualifications that might be 25
470	469		validly substituted for the class requirements. 26
471	470		(B) The procedure under subdivision (a)(6)(A) of this 27
472	471		section is intended to allow i nstitutions to substitute job -related education 28
473	472		and experience for the specific requirements stated in the class 29
474	473		specification without the necessity for the revision of the class 30
475	474		specification. 31
476	475		(C) The procedure under subdivision (a)(6)(A) of this 32
477	476		section shall require the final approval of the Director of the Division of 33
478	477		Higher Education, with the review of the Legislative Council or, if the 34
479	478		General Assembly is in session, the Joint Budget Committee; 35
480	479		(7)(A) Review institution personnel transactions reported as 36 SB491
481	480
482	481		13 3/27/2023 2:06:00 PM MBM122
483	482
484	483
485	484		unqualified appointments. 1
486	485		(B) Unqualified appointments shall be reported by the 2
487	486		division to the Legislative Council unless one (1) of the following actions 3
488	487		is taken: 4
489	488		(i) Questionable ap pointments are reviewed by the 5
490	489		director; 6
491	490		(ii) Payroll actions for questionable appointments 7
492	491		that are determined by the director to be unqualified for the specific 8
493	492		appointment are not processed until the unqualified appointment is removed 9
494	493		from the payroll or is placed into a position in the institution for which 10
495	494		the individual meets the minimum qualifications of the classification; or 11
496	495		(iii) Corrective action is documented by the 12
497	496		institution. 13
498	497		(C) It is the specific responsibility of the head of each 14
499	498		institution to certify that the qualifications of persons appointed to 15
500	499		positions within the institution do meet or exceed the minimum education and 16
501	500		experience requirements as stated in the class specification; 17
502	501		(8)(A) Establish each year, upon the r eview of the Personnel 18
503	502		Subcommittee of the Legislative Council, new classifications at an 19
504	503		appropriate grade in order to meet new or changed conditions and report at 20
505	504		the end of each fiscal year all class titles contained in § 21 -5-1406 for 21
506	505		which a class specification has not been written. 22
507	506		(B) Any classification established under this subdivision 23
508	507		(a)(8) shall remain in effect for the remainder of the fiscal year during 24
509	508		which the classification was established unless specifically authorized to 25
510	509		continue by the General Assembly as an addition to this subchapter; 26
511	510		(9) Revise, as necessary, the class specification of a 27
512	511		classification in order to ensure the accuracy of the description of the 28
513	512		assigned duties and the minimum requirements necessary to perform the se 29
514	513		duties and thereby maintain a valid relationship between the requirements and 30
515	514		the duties and responsibilities of the jobs; 31
516	515		(10) Administer and maintain a system for the evaluation of 32
517	516		employee performance effectiveness; 33
518	517		(11) Provide assistance to i nstitutions in identifying, 34
519	518		developing, and maintaining training and resource programs; and 35
520	519		(12) Develop and implement, as needed and upon the review of the 36 SB491
521	520
522	521		14 3/27/2023 2:06:00 PM MBM122
523	522
524	523
525	524		Legislative Council, rules to ensure a uniform system of personnel 1
526	525		administration within higher education. 2
527	526		(b) To ensure and provide for the accuracy and efficiency of this 3
528	527		subchapter and to provide for an efficient and equitable system of personnel 4
529	528		management, the division, with the review of the Legislative Council, shall: 5
530	529		(1) Study on a conti nuing basis and modify and revise when 6
531	530		necessary the current classifications, the class specifications, minimum 7
532	531		requirements, and other requirements; 8
533	532		(2) Create when necessary new classifications at an appropriate 9
534	533		grade that will accurately describe tho se positions for which no appropriate 10
535	534		classification exists; 11
536	535		(3) Determine those positions that are improperly classified and 12
537	536		reclassify those positions to the appropriate classification in accordance 13
538	537		with this subchapter; and 14
539	538		(4) Develop and impleme nt the policies, rules, and procedures 15
540	539		necessary for the implementation of this subchapter. 16
541	540		17
542	541		21-5-1406. Classification of positions. 18
543	542		(a)(1) There are established for the institutions of higher education 19
544	543		covered by this subchapter the classification titl es and grades. 20
545	544		(2) No payment of salaries may be made except in conformity with 21
546	545		the maximum annual salary rates assigned to the grades established by this 22
547	546		section for each year as provided in the appropriation act of the institution 23
548	547		and in this subchapt er. 24
549	548		(b) The following classification titles with their assigned grades are 25
550	549		approved for the classification and compensation plan under this subchapter, 26
551	550		subject to the appropriation acts for the institutions: 27
552	551		Class Title Grade 28
553	552		Code 29
554	553		B015C ENGINEER SUPERVISOR C126 30
555	554		B018C SENIOR BROADCAST ENGINEER C125 31
556	555		E009C TECHNICAL INSTITUTE ASSISTANT DIRECTOR C125 32
557	556		A031C ASSISTANT CONTROLLER C124 33
558	557		E013C EDUCATION PROGRAM MANAGER C124 34
559	558		A038C FISCAL SUPPORT MANAGER C123 35
560	559		P004C PUBLIC INFORMATION MANAGER C123 36 SB491
561	560
562	561		15 3/27/2023 2:06:00 PM MBM122
563	562
564	563
565	564		G103C ASSOCIATE REGISTRAR C122 1
566	565		T019C DIRECTOR OF PUBLIC SAFETY I C122 2
567	566		E018C SPECIALIZED TECHNICAL FACULTY C122 3
568	567		B033C UAF CONSTRUCTION COORDINATOR C122 4
569	568		A052C ACCOUNTING COORDINATOR C121 5
570	569		E022C EDUCATION & INSTRUCTION MANAGER C121 6
571	570		A047C FINANCIAL ANALYST II C121 7
572	571		G109C GRANTS MANAGER C121 8
573	572		S004C MAINTENANCE MANAGER C121 9
574	573		L036C NURSE INSTRUCTOR C121 10
575	574		R014C PERSONNEL MANAGER C121 11
576	575		V004C PROCUREMENT MANAGER C121 12
577	576		P008C TELEVISION PROGRAM MANAGER C121 13
578	577		S006C ASU ASSOC DIR PHYSICAL PLANT C120 14
579	578		B056C ASU CONSTRUCTION COORDINATOR C120 15
580	579		G136C ASU DIRECTOR OF HOUSING C120 16
581	580		B054C CAMPUS CONSTRUCTION COORDINATOR C120 17
582	581		E027C CAREER & TECHNICAL FACULTY C120 18
583	582		E026C EDUCATION & INSTRUCTION COORDINATOR C120 19
584	583		Q078C PC SUPPORT SPECIALIST C120 20
585	584		P013C PUBLIC INFORMATION COORDINATOR C120 21
586	585		L038C REGISTERED NURSE C120 22
587	586		G118C UAF ASSOC DIR OF AR UNION C120 23
588	587		A053C UAF ASST BUSINESS MANAGER C120 24
589	588		P011C UAF SPORTS INFORMATION COORDINATOR C120 25
590	589		B064C ASU DIRECTOR OF FARMING C119 26
591	590		R022C BENEFITS COORDINATOR C119 27
592	591		R021C BUDGET ANALYST C119 28
593	592		V008C BUYER SUPERVISOR C119 29
594	593		S008C CAMPUS MAINTENANCE SUPERVISOR C119 30
595	594		P016C CURATOR C119 31
596	595		G159C DEPARTMENT BUSINESS COORDINATOR C119 32
597	596		P065C DEVELOPMENT SPECIALIST C119 33
598	597		E032C EDUCATION COUNSELOR C119 34
599	598		E031C EDUCATION PROGRAM COORDINATOR C119 35
600	599		G147C GRANTS COORDINATOR C119 36 SB491
601	600
602	601		16 3/27/2023 2:06:00 PM MBM122
603	602
604	603
605	604		A066C INTERNAL AUDITOR C119 1
606	605		A065C PAYROLL SERVICES COORDINATOR C119 2
607	606		V007C PROCUREMENT COORDINATOR C119 3
608	607		B061C RESEARCH TECHNOLOGIST C119 4
609	608		G144C TECHNICAL INSTITUTE PROGRAM COORDINATOR C119 5
610	609		R024C ASSISTANT PERSONNEL MANAGER C118 6
611	610		S012C ASU ASST DIRECTOR OF PHYSICAL PLANT C118 7
612	611		G172C CAREER PLANNING & PLAC COORDINATOR C118 8
613	612		M030C CHILD CARE DIRECTOR C118 9
614	613		G169C DIRECTOR OF STUDENT UNION C118 10
615	614		E038C EDUCATION & INSTRUCTION ANALYST C118 11
616	615		C010C EXECUTIVE ASSISTANT TO THE DIRECTOR C118 12
617	616		A075C FINANCIAL ANALYST I C118 13
618	617		A074C FISCAL SUPPORT SUPERVISOR C118 14
619	618		R023C INSTITUTION PERSONNEL SVCS MANAGER C118 15
620	619		L047C MEDICAL TECHNOLOGIST SUPERVISOR C118 16
621	620		A072C RESEARCH & STATISTICS MANAGER C118 17
622	621		S014C RESTAURANT MANAGER C118 18
623	622		M022C UAPB DIRECTOR OF HOUSING C118 19
624	623		A082C ACCOUNTANT II C117 20
625	624		G190C ASST DIR FINANCIAL AID C117 21
626	625		G189C ATU DIRECTOR OF HOUSING C117 22
627	626		S020C AVIATION TECHNICIAN C117 23
628	627		P023C BROADCAST PROMOTION SPECIALIST C117 24
629	628		R027C BUDGET SPECIALIST C117 25
630	629		C019C CLINIC BUSINESS SVCS MANAGER C117 26
631	630		P022C COORDINATOR OF SPORTS INFORMATION C117 27
632	631		L055C DIETICIAN C117 28
633	632		P021C EDITOR C117 29
634	633		G180C GRANTS ANALYST C117 30
635	634		R025C HUMAN RESOURCES ANALYST C117 31
636	635		G179C LEGAL SERVICES SPECIALIST C117 32
637	636		S017C MAINTENANCE COORDINATOR C117 33
638	637		V011C MEDICAL BUYER C117 34
639	638		P020C PRODUCTION ARTIST C117 35
640	639		M038C PROGRAM ELIGIBILITY ANALYST C117 36 SB491
641	640
642	641		17 3/27/2023 2:06:00 PM MBM122
643	642
644	643
645	644		B076C RESEARCH PROJECT ANALYST C117 1
646	645		E040C STAFF DEVELOPMENT COORDINATOR C117 2
647	646		M035C UALR DIRECTOR OF HOUSING C117 3
648	647		M034C UAM DIRECTOR OF HOUSING C117 4
649	648		M033C UCA ASSISTANT DIRECTOR OF HOUSING C117 5
650	649		A089C ACCOUNTANT I C116 6
651	650		B072C AGRICULTURE PROGRAM COORDINATOR C116 7
652	651		B091C ASSISTANT DIRECTOR OF FARMING C116 8
653	652		C023C ASSOCIATE BOOKSTORE MANAGER C116 9
654	653		B089C ASU ASST DIRECTOR OF FARMING C116 10
655	654		S029C ASU DIRECTOR OF HOUSEKEEPING C116 11
656	655		A087C ASU PAYROLL SERVICES MANAGER C116 12
657	656		S092C ATHLETIC TICKET SALES COORDINATOR C116 13
658	657		S025C BUILDING AND GROUNDS COORDINATOR C116 14
659	658		C022C BUSINESS OPERATIONS SPECIALIST C116 15
660	659		V014C BUYER C116 16
661	660		X129C CONSTRUCTION INSPECTOR C116 17
662	661		S024C CONSTRUCTION/MAINTENANCE COORD C116 18
663	662		P032C DESIGN CONSULTANT C116 19
664	663		G197C DIRECTOR OF ALUMNI C116 20
665	664		E048C EDUCATION & INSTRUCTION SPECIALIST C116 21
666	665		R030C EEO/GRIEVANCE OFFICER C116 22
667	666		B087C ENERGY CONSERVATION COORD C116 23
668	667		B090C ENGINEER TECHNICIAN C116 24
669	668		G195C HIGHER ED INSTITUTION PROG COORD C116 25
670	669		R029C HUMAN RESOURCES RECRUITER C116 26
671	670		P031C MEDIA SPECIALIST C116 27
672	671		P030C MUSEUM EXHIBIT PROGRAM SPECIALIST C116 28
673	672		X119C OCCUPATIONAL SAFETY COORDINATOR C116 29
674	673		S023C PRINT SHOP MANAGER C116 30
675	674		P027C PUBLIC INFORMATION SPECIALIST C116 31
676	675		P066C RADIO NEWS DIRECTOR C116 32
677	676		P026C RADIO PROGRAM DIRECTOR C116 33
678	677		C020C STUDENT APPLICATIONS SPECIALIST C116 34
679	678		E046C TRAINING INSTRUCTOR C116 35
680	679		C037C ADMINISTRATIVE ANALYST C115 36 SB491
681	680
682	681		18 3/27/2023 2:06:00 PM MBM122
683	682
684	683
685	684		Q123C ADMINISTRATIVE ASSISTANT C115 1
686	685		G212C ASST DIR STUDENT UNION C115 2
687	686		C035C ASST REGISTRAR C115 3
688	687		G211C ASU ASST DIRECTOR OF HOUSING C115 4
689	688		R033C BENEFITS ANALYST C115 5
690	689		C034C BOOKSTORE MANAGER C115 6
691	690		C033C CLINIC BUSINESS SVCS SUPERVISOR C115 7
692	691		S097C CONSTRUCTION SPECIALIST C115 8
693	692		S035C FABRICATION SHOP MANAGER C115 9
694	693		L063C FAMILY CONSUMER SCIENCE SPECIALIST C115 10
695	694		G207C FINANCIAL AID ANALYST C115 11
696	695		A091C FISCAL SUPPORT ANALYST C115 12
697	696		D078C GIS TECHNICIAN C115 13
698	697		R032C HUMAN RESOURCES PROGRAM REPRESENTATIVE C115 14
699	698		R031C INSTITUTION HUMAN RESOURCES COORDINATOR C115 15
700	699		E050C LIBRARY SUPERVISOR C115 16
701	700		S033C MAINTENANCE SUPERVISOR C115 17
702	701		C028C MEDICAL RECORDS SUPERVISOR C115 18
703	702		L061C MEDICAL TECHNOLOGIST C115 19
704	703		A090C PAYROLL SERVICES SPECIALIST C115 20
705	704		S032C PRINT SHOP SUPERVISOR C115 21
706	705		V015C PURCHASING SPECIALIST C115 22
707	706		M055C SAU DIRECTOR OF HOUSEKEEPING C115 23
708	707		P033C SPECIAL EVENTS MANAGER C115 24
709	708		C025C STUDENT ACCOUNTS OFFICER C115 25
710	709		S038C TRANSIT OPERATIONS SUPERVISOR C115 26
711	710		B100C ARCHITECTURAL DRAFTSMAN C114 27
712	711		P043C ARCHIVAL ASSISTANT C114 28
713	712		S042C ATU COLISEUM MANAGER C114 29
714	713		S041C BOILER OPERATOR C114 30
715	714		P042C BROADCAST PRODUCTION SPECIALIST C114 31
716	715		G215C CAREER PLANNING & PLACEMENT SPECIALIST C114 32
717	716		P041C COMMERCIAL GRAPHIC ARTIST C114 33
718	717		S044C FOOD PREPARATION MANAGER C114 34
719	718		G214C GRANTS SPECIALIST C114 35
720	719		P039C INSTITUTIONAL PRINTER C114 36 SB491
721	720
722	721		19 3/27/2023 2:06:00 PM MBM122
723	722
724	723
725	724		M066C PROGRAM ELIGIBILITY SPECIALIST C114 1
726	725		L064C RADIOLOGY TECHNICIAN C114 2
727	726		X151C SAFETY SUPERVISOR C114 3
728	727		E051C STAFF DEVELOPMENT SPECIALIST C114 4
729	728		S099C STATIONARY ENGINEER C114 5
730	729		A093C STATISTICIAN C114 6
731	730		M062C STUDENT UNION NIGHT MANAGER C114 7
732	731		V018C WAREHOUSE MANAGER C114 8
733	732		C050C ADMINISTRATIVE SUPPORT SUPERVISOR C113 9
734	733		S048C ASST RESTAURANT MANAGER C113 10
735	734		E053C AUDIOVISUAL AIDS SUPV C113 11
736	735		A096C COLLECTION OFFICER C113 12
737	736		P049C COMMERCIAL ARTIST I/GRAPHIC ART I C113 13
738	737		P084C MULTIMEDIA SPECIALIST C113 14
739	738		C051C FINANCIAL AID SPECIALIST C113 15
740	739		R036C HUMAN RESOURCES SPECIALIST C113 16
741	740		V020C INVENTORY CONTROL MANAGER C113 17
742	741		S047C LANDSCAPE SUPERVISOR C113 18
743	742		C046C LEGAL SUPPORT SPECIALIST C113 19
744	743		L069C LICENSED PRACTICAL NURSE C113 20
745	744		S049C LODGE HOUSEKEEPING SUPERVISOR C113 21
746	745		G219C LOGISTICS MANAGER C113 22
747	746		S046C MAINTENANCE TECHNICIAN C113 23
748	747		C044C MEDICAL BILLING SPECIALIST C113 24
749	748		L068C MEDICAL DIAGNOSTIC ANALYST C113 25
750	749		P048C MULTI-MEDIA SPECIALIST C113 26
751	750		P047C MUSEUM REGISTRAR C113 27
752	751		R035C PERSONNEL ASSISTANT II — INST C113 28
753	752		P046C PHOTOGRAPHER C113 29
754	753		S045C PRINTING ESTIMATOR/PLANNER C113 30
755	754		P045C PUBLIC INFORMATION TECHNICIAN C113 31
756	755		C043C RECORDS MANAGEMENT ANALYST C113 32
757	756		T072C SECURITY OFFICER SUPERVISOR C113 33
758	757		G218C STUDENT RECRUITMENT SPECIALIST C113 34
759	758		C057C ADMINISTRATION SUPPORT SPECI ALIST C112 35
760	759		C056C ADMINISTRATIVE SPECIALIST III C112 36 SB491
761	760
762	761		20 3/27/2023 2:06:00 PM MBM122
763	762
764	763
765	764		C055C ASSISTANT BOOKSTORE MANAGER C112 1
766	765		S053C AUTO/DIESEL MECHANIC C112 2
767	766		A099C CREDIT & COLLECTIONS SUPV C112 3
768	767		E055C DAY CARE TEACHER C112 4
769	768		T080C DIRECTOR TRANSIT & PARKING C112 5
770	769		B105C FARM FOREMAN — INST C112 6
771	770		A098C FISCAL SUPPORT SPECIALIST C112 7
772	771		S051C INSTRUMENTATION TECHNICIAN C112 8
773	772		S050C MAINTENANCE SPECIALIST C112 9
774	773		C053C MEDICAL RECORDS TECHNICIAN C112 10
775	774		A097C PAYROLL TECHNICIAN C112 11
776	775		V022C PURCHASING TECHNICIAN C112 12
777	776		M072C RECREATION COORDINATOR C112 13
778	777		B106C RESEARCH ASSISTANT C112 14
779	778		P053C SPECIAL EVENTS COORDINATOR C112 15
780	779		P052C SPORTS INFORMATION SPECIALIST C112 16
781	780		P051C THEATER ARTS TECHNICAL SUPERVISOR C112 17
782	781		C060C ALUMNI AFFAIRS SPECIALIST C111 18
783	782		S055C ATHLETIC FACILITY SUPV C111 19
784	783		M077C COORDINATOR OF HOUSEKEEPING C111 20
785	784		T085C FACILITIES MANAGER I C111 21
786	785		S056C FOOD PREPARATION SUPERVISOR C111 22
787	786		B108C LABORATORY COORDINATOR C111 23
788	787		E058C LIBRARY SPECIALIST C111 24
789	788		X177C PEST CONTROL TECHNICIAN C111 25
790	789		S054C PRINTER C111 26
791	790		M075C RESIDENT HALL SPECIALIST C111 27
792	791		M074C RESIDENTIAL ADVISOR C111 28
793	792		V023C STOREROOM SUPERVISOR C111 29
794	793		C065C ADMISSIONS ANALYST SUPERVISOR C110 30
795	794		L092C ATHLETIC TRAINER C110 31
796	795		C064C BOOKSTORE OFFICE MANAGER C110 32
797	796		C063C CAMPUS POSTMASTER C110 33
798	797		X181C COLLECTOR C110 34
799	798		S058C EQUIPMENT MECHANIC C110 35
800	799		B120C FARM MAINTENANCE MECHANIC C110 36 SB491
801	800
802	801		21 3/27/2023 2:06:00 PM MBM122
803	802
804	803
805	804		L077C HEALTH SERVICES SPECIALIST II C110 1
806	805		L076C HOSPITAL PROGRAM SERVICES ASSISTANT C110 2
807	806		R038C HUMAN RESOURCES ASSISTANT C110 3
808	807		B111C LABORATORY TECHNICIAN C110 4
809	808		S057C LANDSCAPE SPECIALIST C110 5
810	809		P057C LIVESTOCK NEWS REPORTER C110 6
811	810		A100C PAYROLL OFFICER C110 7
812	811		P055C SPECIAL EVENTS SUPERVISOR C110 8
813	812		C061C STUDENT ACCOUNT SPECIALIST C110 9
814	813		G221C VEHICLE FACILITIES COORD C110 10
815	814		V025C WAREHOUSE SPECIALIST C110 11
816	815		A101C ACCOUNTING TECHNICIAN C110 12
817	816		C073C ADMINISTRATIVE SPECIALIST II C109 13
818	817		C072C ADMINISTRATIVE SUPPORT SPECIALIST C109 14
819	818		C071C ADMISSIONS ANALYST C109 15
820	819		P059C BROADCAST ANNOUNCER C109 16
821	820		L082C CERTIFIED NURSING ASSISTANT C109 17
822	821		L080C DIETETIC TECHNICIAN C109 18
823	822		C070C DUPLICATION ASSISTANT C109 19
824	823		B112C GREENHOUSE TECHNICIAN C109 20
825	824		S060C HEAVY EQUIPMENT OPERATOR C109 21
826	825		L079C HOSPITAL TECHNICIAN C109 22
827	826		S063C INNKEEPER SPECIALIST C109 23
828	827		S062C INSTITUTIONAL BUS DRIVER C109 24
829	828		C069C LIBRARY TECHNICIAN C109 25
830	829		C066C PATIENT ACCOUNT SPECIALIST C109 26
831	830		B113C RESEARCH TECHNICIAN C109 27
832	831		C068C RETAIL SPECIALIST C109 28
833	832		M080C STUDENT UNION SECTION MANAGER C109 29
834	833		E056C TEACHER ASSISTANT C109 30
835	834		M079C WORK STUDY COORD C109 31
836	835		C079C ADMISSIONS SPECIALIST C108 32
837	836		C078C CASHIER C108 33
838	837		C077C COOP EXTENSION SRV PRG ASST C108 34
839	838		A102C FISCAL SUPPORT TECHNICIAN C108 35
840	839		S068C FOOD PREPARATION COORDINATOR C108 36 SB491
841	840
842	841		22 3/27/2023 2:06:00 PM MBM122
843	842
844	843
845	844		V027C INVENTORY CONTROL TECHNICIAN C108 1
846	845		S065C MAINTENANCE ASSISTANT C108 2
847	846		C074C MEDICAL RECORDS ASSISTANT C108 3
848	847		P060C MULTI-MEDIA TECHNICIAN C108 4
849	848		B114C RESEARCH FIELD TECHNICIAN C108 5
850	849		S070C EQUIPMENT TECHNICIAN C107 6
851	850		S073C HOUSEKEEPER C107 7
852	851		S071C INSTITUTIONAL SERVICES SHIFT SUPVT C107 8
853	852		C085C LIBRARY SUPPORT ASSISTANT C107 9
854	853		C083C MAIL SERVICES COORDINATOR C107 10
855	854		S069C RADIO DISPATCH OPERATOR C107 11
856	855		C082C REGISTRAR'S ASSISTANT C107 12
857	856		S074C RESIDENT HALL MANAGER I C107 13
858	857		C087C ADMINISTRATIVE SPECIALIST I C106 14
859	858		B115C AGRI FARM TECHNICIAN C106 15
860	859		B116C AGRI LABORATORY TECHNICIAN C106 16
861	860		S075C ATHLETIC EQUIPMENT SUPV C106 17
862	861		E057C AUDIOVISUAL LABORATORY ASSISTANT C106 18
863	862		T089C HE PUBLIC SAFETY DISPATCHER C106 19
864	863		T088C PARKING CONTROL SUPV C106 20
865	864		V029C PURCHASING ASSISTANT C106 21
866	865		M089C RESIDENTIAL CARE ASSISTANT C106 22
867	866		T087C SECURITY OFFICER C106 23
868	867		P063C SPECIAL EVENTS WORKER C106 24
869	868		V028C WAREHOUSE WORKER C106 25
870	869		B117C ACADEMIC LABORATORY ASSISTANT C105 26
871	870		M086C CHILD CARE TECHNICIAN C105 27
872	871		S080C EQUIPMENT OPERATOR C105 28
873	872		C088C MAIL SERVICES ASSISTANT C105 29
874	873		T090C PARKING CONTROL OFFICER C105 30
875	874		S079C REPROD EQUIPMENT OPERATOR C105 31
876	875		V030C SHIPPING & RECEIVING CLERK C105 32
877	876		S078C STADIUM MAINTENANCE SUPV C105 33
878	877		M085C CAREGIVER C104 34
879	878		S086C COOK C104 35
880	879		B118C FARM WORKER C104 36 SB491
881	880
882	881		23 3/27/2023 2:06:00 PM MBM122
883	882
884	883
885	884		S085C FOOD PREPARATION SPECIALIST C104 1
886	885		S084C INSTITUTIONAL SERVICES SUPERVISOR C104 2
887	886		S087C INSTITUTIONAL SERVICES ASSISTANT C103 3
888	887		B119C LAB ASSISTANT C103 4
889	888		S089C FOOD PREPARATION TECHNICIAN C102 5
890	889		C093C EXTRA HELP ASSISTANT C101 6
891	890		T091C WATCHMAN C101 7
892	891		8
893	892		21-5-1407. Compensation plan. 9
894	893		(a) There is established for institutions of higher education covered 10
895	894		by this subchapter a compensation plan for the setting of salaries and salary 11
896	895		increases, when deserved, of all employees serving in po sitions covered by 12
897	896		this subchapter. 13
898	897		(b)(1) No employee shall be paid at a rate of pay higher than the 14
899	898		appropriate rate in the grade assigned to his or her class, and no employee 15
900	899		shall be paid more than the highest pay level established for the employee's 16
901	900		grade unless otherwise provided for in this subchapter. 17
902	901		(2) However, an employee presently employed in a position who is 18
903	902		being paid at a rate in excess of the maximum for his or her assigned grade 19
904	903		may continue to receive his or her rate of pay. 20
905	904		(c) It is the intent of the General Assembly to authorize, in the 21
906	905		enactment of the compensation plans, rates of pay for each of the appropriate 22
907	906		grades assigned to a class, but it is not the intent of the General Assembly 23
908	907		that any pay increases be automatic or t hat any employee have a claim or a 24
909	908		right to pay increases unless the head of the institution determines that the 25
910	909		employee, by experience, ability, and work performance, is eligible for the 26
911	910		increase in pay authorized for the grade assigned by classification to the 27
912	911		employee's position. 28
913	912		(d) Pay levels established in this subchapter are for compensation 29
914	913		management purposes and are not to be construed as a contract, right, or 30
915	914		other expectation of actual employee salary determination. 31
916	915		(e) The following grades and pay levels are the authorized pay plan, 32
917	916		effective July 1, 2021, and thereafter, for the state service for all 33
918	917		positions of institutions covered by this subchapter to which a 34
919	918		classification title and salary grade have been assigned in accordance with 35
920	919		this subchapter and the appropriation act of the institution: 36 SB491
921	920
922	921		24 3/27/2023 2:06:00 PM MBM122
923	922
924	923
925	924		Grade Minimum 15% Midpoint 30% Above Maximum 1
926	925		Above Minimum 2
927	926		Minimum 3
928	927		C101 $22,880 $26,312 $27,882 $29,744 $32,885 4
929	928		C102 $23,138 $26,609 $28,669 $30,080 $34,200 5
930	929		C103 $23,168 $26,643 $29,368 $30,119 $35,568 6
931	930		C104 $23,198 $26,677 $30,094 $30,157 $36,991 7
932	931		C105 $23,227 $26,712 $30,849 $30,196 $38,471 8
933	932		C106 $23,257 $26,746 $31,633 $30,234 $40,009 9
934	933		C107 $23,287 $26,780 $32,448 $30,273 $41,610 10
935	934		C108 $23,547 $27,079 $33,411 $30,611 $43,274 11
936	935		C109 $23,880 $27,462 $34,443 $31,044 $45,005 12
937	936		C110 $24,213 $27,845 $35,509 $31,477 $46,805 13
938	937		C111 $24,546 $28,228 $36,612 $31,910 $48,678 14
939	938		C112 $25,773 $29,639 $38,199 $33,505 $50,625 15
940	939		C113 $27,062 $31,121 $39,856 $35,180 $52,650 16
941	940		C114 $28,415 $32,677 $41,585 $36,940 $54,756 17
942	941		C115 $29,836 $34,311 $43,391 $38,787 $56,946 18
943	942		C116 $31,327 $36,026 $45,275 $40,725 $59,224 19
944	943		C117 $32,894 $37,828 $47,243 $42,762 $61,593 20
945	944		C118 $34,538 $39,719 $49,297 $44,900 $64,056 21
946	945		C119 $36,265 $41,705 $51,442 $47,145 $66,619 22
947	946		C120 $38,079 $43,790 $53,681 $49,502 $69,283 23
948	947		C121 $39,983 $45,980 $56,019 $51,978 $72,055 24
949	948		C122 $41,982 $48,280 $58,460 $54,577 $74,937 25
950	949		C123 $44,081 $50,694 $61,008 $57,306 $77,934 26
951	950		C124 $46,285 $53,227 $63,668 $60,170 $81,052 27
952	951		C125 $48,599 $55,889 $66,446 $63,179 $84,294 28
953	952		C126 $51,030 $58,684 $69,348 $66,338 $87,665 29
954	953		C127 $53,581 $61,618 $72,376 $69,655 $91,172 30
955	954		C128 $56,259 $64,698 $75,539 $73,137 $94,819 31
956	955		C129 $59,072 $67,933 $78,842 $76,794 $98,612 32
957	956		C130 $62,026 $71,330 $82,291 $80,634 $102,556 33
958	957		(f) It is the intent of the General Assembly that the compensation 34
959	958		plans in this section shall be implemented and function in compliance with 35
960	959		other provisions in this subchapter and other fiscal control laws of this 36 SB491
961	960
962	961		25 3/27/2023 2:06:00 PM MBM122
963	962
964	963
965	964		state, when applicable. 1
966	965		(g) With the approval of the Legislative Council or, if the General 2
967	966		Assembly is in session, the Joint Budget Committee, salaries established by 3
968	967		this section may exceed the maximum pay level for the grade assigned by the 4
969	968		classification by no more than twenty -five percent (25%) for no more than ten 5
970	969		percent (10%) of the positions authorized in the institution's appropriation 6
971	970		act. 7
972	971		8
973	972		21-5-1408. Implementation of plan — Changes in class specifications. 9
974	973		(a) For the purposes of implementing the higher education uniform 10
975	974		classification and compensation plan for the institutions of higher education 11
976	975		covered by this subchapter, the General Assembly determines that the class 12
977	976		specifications prepared by the Division of Higher Education in classifying 13
978	977		the positions authorized in t he appropriation act of each institution be the 14
979	978		class specifications to be followed in implementing the respective 15
980	979		appropriations for all part -time and full-time employees of the institutions 16
981	980		covered by this subchapter. 17
982	981		(b) Changes in class specification s may be made, in whole or in part, 18
983	982		by rule of the division, and the changes shall be reported on a quarterly 19
984	983		basis to the Legislative Council. 20
985	984		21
986	985		21-5-1409. Implementation procedure for grade changes — Salary 22
987	986		adjustments. 23
988	987		(a) The Division of Higher Educ ation has administrative responsibility 24
989	988		for enforcing compliance by institutions of higher education affected by this 25
990	989		subchapter in implementing classification and grade changes. 26
991	990		(b)(1) The division may authorize a salary increase of up to two 27
992	991		percent (2%) each fiscal year upon certification by institutions of higher 28
993	992		education that sufficient funds exist to implement salary increases. 29
994	993		(2) An employee whose adjusted annual salary falls below the 30
995	994		entry pay level for the grade assigned to his or her class ification shall 31
996	995		have his or her annual salary further adjusted to the entry pay level. 32
997	996		(3) A salary increase under subdivision (b)(1) of this section 33
998	997		may be established as an increase to the employee's salary or as a lump sum. 34
999	998		(4) A salary increase a uthorized by subdivision (b)(1) of this 35
1000	999		section may allow an employee's compensation to exceed the maximum pay level 36 SB491
1001	1000
1002	1001		26 3/27/2023 2:06:00 PM MBM122
1003	1002
1004	1003
1005	1004		amount set out for the position. 1
1006	1005		(c)(1) In addition to a compensation increase under subsection (b) of 2
1007	1006		this section, the maximum annual s alary for which an employee covered by this 3
1008	1007		subchapter is eligible may be increased: 4
1009	1008		(A) By a percentage up to two percent (2%) with written 5
1010	1009		approval by the Director of the Division of Higher Education; or 6
1011	1010		(B) More than two percent (2%) only with w ritten approval 7
1012	1011		of the Director of the Division of Higher Education after review by the 8
1013	1012		Legislative Council or, if the General Assembly is in session, the Joint 9
1014	1013		Budget Committee. 10
1015	1014		(2) The salary increase may be established as an increase to the 11
1016	1015		employee's salary or as a lump sum. 12
1017	1016		(3) An employee compensated at the highest pay level rate 13
1018	1017		authorized for his or her classification is eligible to receive the salary 14
1019	1018		increase authorized in this section as a lump -sum payment. 15
1020	1019		(d) Salary adjustments made by t he director under this section shall 16
1021	1020		be reported to the Legislative Council or, if the General Assembly is in 17
1022	1021		session, the Joint Budget Committee. 18
1023	1022		(e) All percentage calculations stipulated in this subchapter or any 19
1024	1023		other law affecting salaries of employ ees of institutions of higher education 20
1025	1024		may be rounded to the nearest even -dollar amount by the division when making 21
1026	1025		the increases to employee salaries as provided under subdivision (c)(1) of 22
1027	1026		this section. 23
1028	1027		24
1029	1028		21-5-1410. New appointments — Other compensation plan provisions. 25
1030	1029		(a) A new appointment to a position in an institution of higher 26
1031	1030		education covered by this subchapter shall be paid at the minimum pay level 27
1032	1031		for the grade assigned to the classification unless otherwise authorized by 28
1033	1032		law. 29
1034	1033		(b) Special rates of pay may be established for either classifications 30
1035	1034		or positions for the following reasons: 31
1036	1035		(1) Prevailing labor market conditions; 32
1037	1036		(2) An extraordinarily well -qualified candidate; 33
1038	1037		(3) The need to retain trained, competent employees; 34
1039	1038		(4) An employee assigned additional duties as a result of the 35
1040	1039		elimination of a position by an institution; or 36 SB491
1041	1040
1042	1041		27 3/27/2023 2:06:00 PM MBM122
1043	1042
1044	1043
1045	1044		(5) To meet the requirements of state or federal laws. 1
1046	1045		(c)(1) An institution may request a special rate of pay for a specific 2
1047	1046		classification or position due to prevailing market rates of pay up to the 3
1048	1047		midpoint pay level of the appropriate grade of a classification on the 4
1049	1048		appropriate pay table for the assigned grade with the written approval of the 5
1050	1049		Director of the Division of Higher Education. 6
1051	1050		(2) An institution may request a special rate of pay for a 7
1052	1051		specific classification or position due to prevailing market rates of pay up 8
1053	1052		to the maximum pay level for the assigned grade only with the approval of the 9
1054	1053		director after review by the Legislative Co uncil or, if the General Assembly 10
1055	1054		is in session, the Joint Budget Committee. 11
1056	1055		(3) The Division of Higher Education shall maintain a register 12
1057	1056		of classifications or positions for which special rates of pay have been 13
1058	1057		established due to prevailing market rat es of pay. 14
1059	1058		(4) The division shall file a report of special rates of pay 15
1060	1059		established due to prevailing market rates of pay with the Legislative 16
1061	1060		Council or, if the General Assembly is in session, the Joint Budget 17
1062	1061		Committee, at the next regularly scheduled meeting following the approval. 18
1063	1062		(d)(1) A special rate of pay may be established for an exceptionally 19
1064	1063		well-qualified applicant whose educational background or experience qualifies 20
1065	1064		the applicant to perform the job with little or substantially less 21
1066	1065		orientation and training than would be required for another qualified 22
1067	1066		applicant. 23
1068	1067		(2)(A) The head of the institution may approve a special rate of 24
1069	1068		pay under subdivision (d)(1) of this section up to fifteen percent (15%) 25
1070	1069		above the minimum pay level for the grade assigned to the classification and 26
1071	1070		shall report all actions under the division's procedures. 27
1072	1071		(B) The director may approve a special rate of pay under 28
1073	1072		subdivision (d)(1) of this section above fifteen percent (15%) up to thirty 29
1074	1073		percent (30%) above the m inimum pay level for the grade assigned to the 30
1075	1074		classification. 31
1076	1075		(C) The division may approve a special rate of pay under 32
1077	1076		subdivision (d)(1) of this section above thirty percent (30%) up to the 33
1078	1077		maximum pay level for the grade assigned to the classificati on after review 34
1079	1078		by the Legislative Council or, if the General Assembly is in session, the 35
1080	1079		Joint Budget Committee. 36 SB491
1081	1080
1082	1081		28 3/27/2023 2:06:00 PM MBM122
1083	1082
1084	1083
1085	1084		(3) The division shall file a report of special rates of pay 1
1086	1085		established under this subsection with the Legislative Council or, if the 2
1087	1086		General Assembly is in session, the Joint Budget Committee, at the next 3
1088	1087		regularly scheduled meeting following the approval. 4
1089	1088		(e)(1) The head of the institution may approve special rates of pay to 5
1090	1089		retain a trained, competent employee or due to the assignment o f additional 6
1091	1090		duties as a result of the elimination of positions by the institution, 7
1092	1091		subject to the following: 8
1093	1092		(A) The assignment of additional duties is permanent and 9
1094	1093		the duties assigned are beyond the scope of work currently being performed by 10
1095	1094		the employee; 11
1096	1095		(B) The same employee may not receive a special rate of 12
1097	1096		pay under this subdivision (e)(1) more than one (1) time during a biennium; 13
1098	1097		and 14
1099	1098		(C) All increases up to ten percent (10%) approved under 15
1100	1099		this subdivision (e)(1) shall be reported by the institution to the division, 16
1101	1100		and increases above ten percent (10%) shall be approved by the division. 17
1102	1101		(2) The division shall file a report of all salary increases 18
1103	1102		established under this subsection with the Legislative Council or, if the 19
1104	1103		General Assembly is in session, the Joint Budget Committee, at the next 20
1105	1104		regularly scheduled meeting following the approval for review. 21
1106	1105		(f)(1)(A) An employee promoted on or after July 1, 2019, shall receive 22
1107	1106		a salary increase up to ten percent (10%). 23
1108	1107		(B) However, an employee's rate of pay upon promotion 24
1109	1108		shall not exceed the maximum pay level of the grade assigned to the 25
1110	1109		classification. 26
1111	1110		(2) An employee who upon promotion is receiving a rate of pay 27
1112	1111		below the minimum pay level established for the new grade shall be ad justed 28
1113	1112		to the minimum pay level for that grade. 29
1114	1113		(3) An employee who returns to a position in a classification 30
1115	1114		the employee formerly occupied within a twelve -month period after promotion 31
1116	1115		from the classification is eligible for a rate of pay no greater th an that 32
1117	1116		for which the employee would have been eligible had the employee remained in 33
1118	1117		the lower-graded classification. 34
1119	1118		(g)(1)(A) Upon demotion, an employee's pay shall be decreased by up to 35
1120	1119		ten percent (10%). 36 SB491
1121	1120
1122	1121		29 3/27/2023 2:06:00 PM MBM122
1123	1122
1124	1123
1125	1124		(B) However, an employee's rate of pay upo n demotion shall 1
1126	1125		not exceed the maximum pay level of the grade assigned to the classification. 2
1127	1126		(2) If the employee's salary falls below the lowest minimum pay 3
1128	1127		level of the new grade upon demotion, his or her salary shall be adjusted to 4
1129	1128		the minimum pay level for the grade. 5
1130	1129		(h)(1) If an employee accepts a new position that is a transfer, the 6
1131	1130		employee may receive a change in pay, as follows: 7
1132	1131		(A) If the employee's salary falls below the minimum pay 8
1133	1132		level of the new grade, then his or her salary shall b e adjusted to the 9
1134	1133		minimum pay level for the grade; or 10
1135	1134		(B) If a special rate of pay has been established under 11
1136	1135		this section, then his or her salary shall be appropriately adjusted. 12
1137	1136		(2) A transferring employee's rate of pay shall not exceed the 13
1138	1137		maximum pay level of the grade assigned to the new position unless otherwise 14
1139	1138		authorized. 15
1140	1139		(i) An employee who is placed in a lower -graded position on the same 16
1141	1140		pay table because the original position has expired due to lack of funding, 17
1142	1141		program changes, or withdrawal of federal grant funds may continue to be paid 18
1143	1142		at the same rate as the employee was being paid in the higher -graded position 19
1144	1143		upon approval of the division after seeking the review of the Legislative 20
1145	1144		Council or, if the General Assembly is in sess ion, the Joint Budget 21
1146	1145		Committee. 22
1147	1146		(j) If an employee who has been terminated for more than thirty (30) 23
1148	1147		working days returns to service at the institution, the institution may offer 24
1149	1148		up to the employee's last rate of pay not to exceed the maximum pay level 25
1150	1149		established for the grade. 26
1151	1150		(k) Upon transfer of employment between institutions, an employee 27
1152	1151		shall receive a lump -sum payment from the original institution for any 28
1153	1152		overtime that has been accrued and not been paid and for any compensatory 29
1154	1153		time accrued that has not been used at the higher rate of either the: 30
1155	1154		(1) Average regular rate of pay received by the employee during 31
1156	1155		the last three (3) years of his or her employment; or 32
1157	1156		(2) Final regular rate of pay received by the employee. 33
1158	1157		(l) Any special rate of pay established under this section shall not 34
1159	1158		affect the salary level or salary eligibility of any existing employee within 35
1160	1159		the institution. 36 SB491
1161	1160
1162	1161		30 3/27/2023 2:06:00 PM MBM122
1163	1162
1164	1163
1165	1164		(m)(1) A special rate of pay is subject to the institution's ability 1
1166	1165		to certify funding for a special rate of pay established under this section. 2
1167	1166		(2) An institution shall not use merit adjustment funds for a 3
1168	1167		special rate of pay established under this section. 4
1169	1168		5
1170	1169		21-5-1411. Shift differential. 6
1171	1170		(a)(1) Upon the approval of the Division of Higher Education, an 7
1172	1171		employee whose working hours do not conform to normal state business hours 8
1173	1172		shall be eligible for additional compensation up to twelve percent (12%) of 9
1174	1173		the hourly rate for which he or she is eligible under this subchapter as a 10
1175	1174		shift differential if: 11
1176	1175		(A) The institution of higher education routinely 12
1177	1176		schedules more than one (1) work shift per day; 13
1178	1177		(B) The shift to which the employee is assigned is a full 14
1179	1178		work shift; and 15
1180	1179		(C) The employee is regularly assigned to the late shift 16
1181	1180		or is assigned to the shi ft on a regularly scheduled rotating basis. 17
1182	1181		(2) An employee assigned to an evening shift shall not receive 18
1183	1182		additional compensation that exceeds six percent (6%) above that for which he 19
1184	1183		or she is eligible under this subchapter. 20
1185	1184		(3) An employee assigne d to a night shift shall not receive 21
1186	1185		additional compensation that exceeds twelve percent (12%) above that for 22
1187	1186		which he or she is eligible under this subchapter. 23
1188	1187		(4)(A) An employee at or near the maximum authorized salary 24
1189	1188		level for the grade assigned to his or her classification may be compensated 25
1190	1189		at an additional rate not to exceed twelve percent (12%) of his or her 26
1191	1190		eligible salary under this subchapter. 27
1192	1191		(B) When granting additional compensation has the effect 28
1193	1192		of temporarily exceeding the highest pay level for the grade assigned to the 29
1194	1193		employee's classification, the additional compensation shall not be construed 30
1195	1194		as exceeding the highest pay level for that grade. 31
1196	1195		(b)(1) A person employed in areas providing critical support, custody, 32
1197	1196		and care to designated client service units at state -operated inpatient 33
1198	1197		hospital facilities, at state -operated human development centers, and at 34
1199	1198		maximum security units at correctional facilities during weekend hours is 35
1200	1199		eligible to receive up to twenty percent (20%) of the hourly rate for which 36 SB491
1201	1200
1202	1201		31 3/27/2023 2:06:00 PM MBM122
1203	1202
1204	1203
1205	1204		he or she is eligible under this subchapter paid as a shift or weekend 1
1206	1205		differential. 2
1207	1206		(2) Designated weekend hours begin no earlier than 2:30 p.m. on 3
1208	1207		Friday and end no later than 8:00 a.m. on the following Monday. 4
1209	1208		(c)(1) If a facility uses shifts other than traditional eight -hour 5
1210	1209		shifts, a shift differential may be paid for those shifts exceeding the 6
1211	1210		normal day shift of the facility. 7
1212	1211		(2) If shift and weekend differentials are provided to an 8
1213	1212		employee, the total compensation may e xceed the highest pay level for the 9
1214	1213		grade for those positions included in this subchapter. 10
1215	1214		(3)(A) The institution shall identify the shifts, job 11
1216	1215		classifications, and positions to be eligible for the shift differential and 12
1217	1216		the differential percentage for which each classification is eligible within 13
1218	1217		each shift. 14
1219	1218		(B) The shift schedule, classifications, positions, and 15
1220	1219		the percentage of shift differential for which the class titles are eligible 16
1221	1220		shall be submitted to the division for approval by the Direct or of the 17
1222	1221		Division of Higher Education. 18
1223	1222		(C) Subsequent changes to the shift schedule, 19
1224	1223		classifications, grades, positions, and shift differential percentages shall 20
1225	1224		receive prior approval by the director. 21
1226	1225		(d) An employee who is receiving additional com pensation under this 22
1227	1226		section and then is reassigned to a normal shift shall revert on the day of 23
1228	1227		the reassignment to the rate of pay for which he or she is eligible under 24
1229	1228		this subchapter. 25
1230	1229		(e) The division shall report all shift differential approvals to the 26
1231	1230		Legislative Council or, if the General Assembly is in session, the Joint 27
1232	1231		Budget Committee. 28
1233	1232		29
1234	1233		21-5-1412. Compensation differentials. 30
1235	1234		(a) To address specific employee compensation needs not otherwise 31
1236	1235		provided for in this subchapter, an institution of higher education may pay 32
1237	1236		additional compensation for current employees in specific positions or for 33
1238	1237		classifications of positions assigned to a compensation plan authorized by 34
1239	1238		the General Assembly for one (1) or more compensation differentials. 35
1240	1239		(b)(1) Authorization for one (1) or more compensation differentials 36 SB491
1241	1240
1242	1241		32 3/27/2023 2:06:00 PM MBM122
1243	1242
1244	1243
1245	1244		may be approved if the: 1
1246	1245		(A) Institution has documented the need for a compensation 2
1247	1246		differential for specified positions or classifications; 3
1248	1247		(B) Institution submits to the Division of Higher 4
1249	1248		Education a plan of the terms and conditions for eligibility that must 5
1250	1249		directly address the needs of the targeted positions or classifications for 6
1251	1250		any requested compensation differential; 7
1252	1251		(C) Cost of implementing and maintaining a compensation 8
1253	1252		differential is within the institution's existing appropriation and shall not 9
1254	1253		be implemented using funds specifically set aside for other programs within 10
1255	1254		the institution; and 11
1256	1255		(D) Compensation differential has been approved by the 12
1257	1256		division after review by the L egislative Council or, if the General Assembly 13
1258	1257		is in session, the Joint Budget Committee. 14
1259	1258		(2) Any compensation differential authorized under this section 15
1260	1259		shall be renewed each fiscal year. 16
1261	1260		(3) The cumulative total of any compensation differentials pa id 17
1262	1261		to an employee shall not exceed twenty -five percent (25%) of the employee's 18
1263	1262		base salary. 19
1264	1263		(c)(1) A hazardous duty differential of up to ten percent (10%) may be 20
1265	1264		authorized for the increased risk of personal physical injury for an employee 21
1266	1265		occupying a certain identified high -risk position if the: 22
1267	1266		(A) Position classification is determined to be physically 23
1268	1267		hazardous or dangerous due to location, facility, services provided, or other 24
1269	1268		factors directly related to the duty assignment of the position; and 25
1270	1269		(B) Employee's regularly assigned work schedule exposes 26
1271	1270		him or her to clear, direct, and unavoidable hazards during at least fifty 27
1272	1271		percent (50%) of the work time and the employee is not compensated for the 28
1273	1272		hazardous exposure. 29
1274	1273		(2)(A) The institution s hall identify the facility or unit, 30
1275	1274		location, and eligible positions and classifications within the facility or 31
1276	1275		unit that are identified as high -risk. 32
1277	1276		(B) The positions shall be certified by the institution as 33
1278	1277		having been assigned to a work environment that poses an increased risk of 34
1279	1278		personal injury and shall be submitted as part of the plan for payment of a 35
1280	1279		hazardous duty differential to the division for approval by the Director of 36 SB491
1281	1280
1282	1281		33 3/27/2023 2:06:00 PM MBM122
1283	1282
1284	1283
1285	1284		the Division of Higher Education after review and approval of the Legis lative 1
1286	1285		Council or, if the General Assembly is in session, the Joint Budget 2
1287	1286		Committee. 3
1288	1287		(C) Subsequent changes to the facility or unit, location, 4
1289	1288		and eligible positions or classifications within the facility or unit on file 5
1290	1289		with the division shall receiv e prior approval by the director after review 6
1291	1290		and approval by the Legislative Council or, if the General Assembly is in 7
1292	1291		session, the Joint Budget Committee. 8
1293	1292		(3) It is the intent of this subsection that a hazardous duty 9
1294	1293		differential shall be at the discr etion of the director and the institution 10
1295	1294		and shall not be implemented using funds specifically set aside for other 11
1296	1295		programs within the institution. 12
1297	1296		(4) An employee who is receiving additional compensation for 13
1298	1297		hazardous duty and then is reassigned to no rmal duty shall revert on the day 14
1299	1298		of the reassignment to the rate of pay for which he or she is eligible under 15
1300	1299		this subchapter. 16
1301	1300		(d)(1) A professional certification differential of up to ten percent 17
1302	1301		(10%) for job-related professional certifications for in dividual positions or 18
1303	1302		for specific classifications within an institution may be authorized if the 19
1304	1303		certification is: 20
1305	1304		(A) From a recognized professional certifying organization 21
1306	1305		and is determined to be directly related to the predominant purpose and use 22
1307	1306		of the position or classification; and 23
1308	1307		(B) Not included as a minimum qualification established or 24
1309	1308		as a special requirement for the classification by the official class 25
1310	1309		specification. 26
1311	1310		(2)(A) A professional certification differential may be paid 27
1312	1311		only while the certification is current and maintained by the employee and 28
1313	1312		while the employee is employed in a position or classification covered by the 29
1314	1313		compensation plan. 30
1315	1314		(B) Documentation of continuation or renewal of the 31
1316	1315		certification of the employee is r equired for continuation of the 32
1317	1316		professional certification differential. 33
1318	1317		(e) An education differential of up to ten percent (10%) for job -34
1319	1318		related education for individual positions or for specific classifications 35
1320	1319		within an institution may be authorized i f: 36 SB491
1321	1320
1322	1321		34 3/27/2023 2:06:00 PM MBM122
1323	1322
1324	1323
1325	1324		(1) Attainment of additional education is from an accredited 1
1326	1325		institution of higher education, documented by official transcript, 2
1327	1326		certificate, or degree award, and directly related to the predominant purpose 3
1328	1327		and use of the position or classification; and 4
1329	1328		(2) The education to be compensated is not included as a special 5
1330	1329		requirement or minimum qualification established for the classification by 6
1331	1330		the official class specification. 7
1332	1331		(f) A geographic area differential of up to ten percent (10%) may be 8
1333	1332		authorized to address the documented inability to recruit and retain certain 9
1334	1333		employees in a specific geographic area of the state if the additional 10
1335	1334		geographic area differential is based on a documented recruitment, turnover, 11
1336	1335		or other competitive pay issue in a specific geographic area that does not 12
1337	1336		justify a statewide labor market special entry rate. 13
1338	1337		(g)(1) A second-language differential of up to ten percent (10%) may 14
1339	1338		be authorized for an employee who has the demonstrated ability and skill to 15
1340	1339		communicate in a language other than English, including American Sign 16
1341	1340		Language, if that skill is determined by the institution to be directly 17
1342	1341		related to the effective performance of the job duties for the position 18
1343	1342		occupied by the employee. 19
1344	1343		(2) An employee who receives additional compensation under this 20
1345	1344		subsection and who moves into a position that does not need the skill to 21
1346	1345		communicate in a language other than English shall revert on the effective 22
1347	1346		date of the change to the rate of pay that the employee would otherwise 23
1348	1347		receive. 24
1349	1348		(h)(1) An on-call duty or standby -duty differential may be authorized 25
1350	1349		for an employee whose job requires him or her to provide services on nights, 26
1351	1350		weekends, or holidays or at other times or in other situations when the 27
1352	1351		institution does not have r egularly scheduled staff coverage. 28
1353	1352		(2) An on-call duty or standby -duty differential is to be used 29
1354	1353		for officially scheduled duty outside regular work hours during which time an 30
1355	1354		employee is required to be accessible by telephone, pager, or other means and 31
1356	1355		is required to return to the designated work site upon notification of need 32
1357	1356		within a specified response time. 33
1358	1357		(3)(A) An employee who is required to be available for duty on 34
1359	1358		nights, weekends, or holidays or at other times or in other situations when 35
1360	1359		the institution does not have regularly scheduled staff coverage is eligible 36 SB491
1361	1360
1362	1361		35 3/27/2023 2:06:00 PM MBM122
1363	1362
1364	1363
1365	1364		to receive an on-call or standby-duty pay equivalent of an hourly rate not to 1
1366	1365		exceed twenty percent (20%) of his or her base hourly pay rate for each on -2
1367	1366		call or standby hour for not more than forty-eight (48) hours during any 3
1368	1367		seven-day work period. 4
1369	1368		(B)(i) Compensation shall not be paid to an employee 5
1370	1369		required to be on on -call or standby duty who fails to respond after the 6
1371	1370		second notification that his or her services are needed. 7
1372	1371		(ii) If the equipment or paging device malfunctions, 8
1373	1372		the penalty under subdivision (h)(3)(B)(i) of this section shall not apply. 9
1374	1373		(C)(i) An employee on on -call or standby duty who is 10
1375	1374		called in to work shall be compensated for the actual hours worked at the 11
1376	1375		appropriate rate of pay with a minimum of two (2) hours for each call -back. 12
1377	1376		(ii) The employee shall not be paid on -call or 13
1378	1377		standby pay for hours actually worked during a call -back. 14
1379	1378		(i) If granting additional compensation would have the effect of 15
1380	1379		exceeding the maximum pay level for the grade assigned to the employee's 16
1381	1380		classification, the additional compensation shall not be considered as 17
1382	1381		exceeding the maximum allowable rate for that grade. 18
1383	1382		(j) Other compensation differentials may be administe red by the 19
1384	1383		division after: 20
1385	1384		(1) Approval by the director; and 21
1386	1385		(2) Review by the Legislative Council or, if the General 22
1387	1386		Assembly is in session, the Joint Budget Committee. 23
1388	1387		24
1389	1388		21-5-1413. Salary administration grids. 25
1390	1389		(a)(1) An institution of higher edu cation may request that a salary 26
1391	1390		administration grid be approved for specific classifications of positions 27
1392	1391		assigned to the pay plan as established in § 21 -5-1410 if the: 28
1393	1392		(A) Institution has documented the need for a salary 29
1394	1393		administration grid for speci fied positions or classifications; 30
1395	1394		(B) Terms and conditions of a salary administration grid 31
1396	1395		proposed by the institution address the needs of the targeted positions; 32
1397	1396		(C) Cost of implementing and maintaining a salary 33
1398	1397		administration grid is within the institution's existing appropriation and 34
1399	1398		the implementation does not use funds specifically set aside for other 35
1400	1399		programs within the institution; and 36 SB491
1401	1400
1402	1401		36 3/27/2023 2:06:00 PM MBM122
1403	1402
1404	1403
1405	1404		(D) Salary administration grid has been approved by the 1
1406	1405		Director of the Division of Higher Education a fter review by the Legislative 2
1407	1406		Council or, if the General Assembly is in session, the Joint Budget 3
1408	1407		Committee. 4
1409	1408		(2)(A) Special rates of pay may be authorized up to the highest 5
1410	1409		pay level authorized for the grade assigned the classification of a career 6
1411	1410		service position for specific classifications only. 7
1412	1411		(B) An approved salary administration grid shall be used 8
1413	1412		for establishing the entry pay level for an employee in a position. 9
1414	1413		(C) A person hired above the entry pay level shall meet or 10
1415	1414		exceed the minimum qualifications for the job classification. 11
1416	1415		(D) Subsequent salary determinations within a salary 12
1417	1416		administration grid shall be based on the employee's qualifications, relevant 13
1418	1417		competitive compensation rates, professional or educational achievements, a nd 14
1419	1418		internal equity within the institution. 15
1420	1419		(E) A plan of implementation and salary progression shall 16
1421	1420		be approved by the Division of Higher Education on a biennial basis. 17
1422	1421		(3) An approved salary administration grid may be amended only 18
1423	1422		upon approval by the division after review by the Legislative Council or, if 19
1424	1423		the General Assembly is in session, the Joint Budget Committee. 20
1425	1424		(4) Compensation differentials that are included in an 21
1426	1425		institution's grid plan shall not exceed rates provided in § 21 -5-1412. 22
1427	1426		(b)(1) A monthly report shall be made to the Legislative Council or, 23
1428	1427		if the General Assembly is in session, the Joint Budget Committee, describing 24
1429	1428		all personnel transactions involving applications of this section. 25
1430	1429		(2) The hiring of a new employee under this section shall not 26
1431	1430		affect the salary, grade, or classification of any current employee within 27
1432	1431		the institution. 28
1433	1432		(3) The division shall promulgate rules regarding the 29
1434	1433		implementation and use of a salary administration grid with the review of the 30
1435	1434		Legislative Council or, if the General Assembly is in session, the Joint 31
1436	1435		Budget Committee. 32
1437	1436		33
1438	1437		21-5-1414. Extra help positions. 34
1439	1438		(a)(1) A position authorized as extra help in an institution of higher 35
1440	1439		education shall be assigned an authorized classification by the institution, 36 SB491
1441	1440
1442	1441		37 3/27/2023 2:06:00 PM MBM122
1443	1442
1444	1443
1445	1444		and any person hired in an extra help position shall meet the minimum 1
1446	1445		qualifications and any other requirements set by the class specification of 2
1447	1446		the classification and grade assigned to the position. 3
1448	1447		(2) The rates of pay for extra help employees shall be set in 4
1449	1448		accordance with and shall not exceed those provided in this subchapter for 5
1450	1449		the appropriate classification. 6
1451	1450		(3) Extra help employees of institutions shall not exceed one 7
1452	1451		thousand five hundred (1,500) hours per fiscal year a s set out in § 6-63-314. 8
1453	1452		(b) The salary eligibility for an employee transferring or returning 9
1454	1453		from an extra help position to a regular position shall be established at the 10
1455	1454		minimum pay level for the grade assigned by classification with the following 11
1456	1455		exceptions: 12
1457	1456		(1) The classification has an established current labor market 13
1458	1457		special entry pay level; 14
1459	1458		(2) The position is approved for shift differential in 15
1460	1459		accordance with this subchapter; or 16
1461	1460		(3) The employee's eligibility is based on prior state servi ce 17
1462	1461		in a regular position. 18
1463	1462		(c) A former employee from a state agency, institution, board, or 19
1464	1463		commission who is rehired in an extra help position is ineligible for 20
1465	1464		benefits except holiday pay. 21
1466	1465		22
1467	1466		21-5-1415. Position pools. 23
1468	1467		(a)(1) The Division of Higher E ducation shall establish and maintain a 24
1469	1468		central pool of four hundred (400) positions to be used to establish 25
1470	1469		additional positions in an institution of higher education when an 26
1471	1470		institution does not have sufficient positions available to meet 27
1472	1471		unanticipated enrollment growth, industry training demands, or its mandated 28
1473	1472		responsibilities. 29
1474	1473		(2) Central pool positions shall be used by the institution if 30
1475	1474		the personnel service needs exceed the number of positions authorized by the 31
1476	1475		General Assembly and were not anti cipated at the time of the passage of the 32
1477	1476		institution's operating appropriation act. 33
1478	1477		(b)(1) The division shall establish and maintain a temporary 34
1479	1478		transition pool of fifty (50) positions to be used to establish additional 35
1480	1479		temporary positions of the proper classification and grade in an institution 36 SB491
1481	1480
1482	1481		38 3/27/2023 2:06:00 PM MBM122
1483	1482
1484	1483
1485	1484		if the institution does not have sufficient positions available with the 1
1486	1485		appropriate classification and grade to address organizational transition 2
1487	1486		issues such as succession planning or other changes involving adm inistration 3
1488	1487		of the institution. 4
1489	1488		(2) An institution shall use temporary transition pool positions 5
1490	1489		only if the personnel service needs exceed the number of positions in a 6
1491	1490		classification authorized by the General Assembly and were not anticipated at 7
1492	1491		the time of the passage of the institution's operating appropriation bill. 8
1493	1492		(3) A position established under this section shall be approved 9
1494	1493		for the same classification as the position occupied by the transitioning 10
1495	1494		full-time employee. 11
1496	1495		(4) A position from the temporary transition pool shall not be 12
1497	1496		authorized for an institution until the specific position is: 13
1498	1497		(A) Requested by the institution; 14
1499	1498		(B) Recommended by the division; and 15
1500	1499		(C) Reviewed by the Legislative Council or, if the General 16
1501	1500		Assembly is in session, the Joint Budget Committee. 17
1502	1501		(5) Temporary transition pool positions shall be authorized for 18
1503	1502		not more than one hundred eighty (180) calendar days in a fiscal year and may 19
1504	1503		not be renewed or extended. 20
1505	1504		(c) A pool position received by an instit ution under this section is 21
1506	1505		subject to the institution's ability to certify funding. 22
1507	1506		(d) A position established under this section shall not exceed a 23
1508	1507		salary rate of the highest maximum annual salary rate or the highest grade 24
1509	1508		level position authorized by the General Assembly in the requesting 25
1510	1509		institution's appropriation act. 26
1511	1510		(e) The institution shall provide justification to the division for 27
1512	1511		the need to allocate positions from the central pool or temporary transition 28
1513	1512		pool. 29
1514	1513		(f) Titles shall not be assig ned to the institution from the central 30
1515	1514		pool or temporary transition pool until specific positions are: 31
1516	1515		(1) Requested by the institution; 32
1517	1516		(2) Recommended by the division; and 33
1518	1517		(3) Reviewed by the Legislative Council or, if the General 34
1519	1518		Assembly is in session, the Joint Budget Committee. 35
1520	1519		(g) If an institution requests any central pool position to be 36 SB491
1521	1520
1522	1521		39 3/27/2023 2:06:00 PM MBM122
1523	1522
1524	1523
1525	1524		continued during the subsequent fiscal year, the position shall be requested 1
1526	1525		as a new position in the institution's subsequent fiscal year budget reque st. 2
1527	1526		3
1528	1527		21-5-1416. Annual career service recognition payments for employees of 4
1529	1528		institutions of higher education. 5
1530	1529		(a)(1)(A) Nonfaculty and classified employees of institutions of 6
1531	1530		higher education shall become eligible for annual career service recognition 7
1532	1531		payments upon completion of ten (10) or more years of service in either 8
1533	1532		elected positions or classified or nonclassified positions with a state 9
1534	1533		agency or an institution. 10
1535	1534		(B) To receive the full amount authorized in subsection 11
1536	1535		(c) of this section, the s ervice shall have been in either elected positions 12
1537	1536		or regular full-time positions. 13
1538	1537		(C) Nonfaculty and classified employees of institutions 14
1539	1538		who work part-time in regular salary positions may receive annual career 15
1540	1539		service recognition payments on a pro ra ta basis. 16
1541	1540		(2) Periods of authorized leave without pay and leave of absence 17
1542	1541		for military service when veterans' reemployment rights are exercised shall 18
1543	1542		not negate eligibility for the payment, provided all other eligibility 19
1544	1543		requirements are met. 20
1545	1544		(b) The Division of Higher Education shall establish and publish 21
1546	1545		policies and procedures for the administration of career service recognition 22
1547	1546		payments to employees of institutions upon a determination by the Director of 23
1548	1547		the Division of Higher Education that the r espective institution has 24
1549	1548		sufficient funds available for that purpose. 25
1550	1549		(c) Nonfaculty and classified employees of institutions who meet 26
1551	1550		eligibility requirements established by subsection (a) of this section shall 27
1552	1551		become eligible for annual career service recognition payments on the 28
1553	1552		anniversary date of the completion of such service according to the following 29
1554	1553		schedule: 30
1555	1554		31
1556	1555		STATE SERVICE ANNUAL PAYMENT 32
1557	1556		10 through 14 years of state service $ 800 33
1558	1557		15 through 19 years of state service 1,000 34
1559	1558		20 through 24 years of state service 1,200 35
1560	1559		25 or more years of state service 1,500 36 SB491
1561	1560
1562	1561		40 3/27/2023 2:06:00 PM MBM122
1563	1562
1564	1563
1565	1564		1
1566	1565		(d) Career service recognition payments authorized by this section 2
1567	1566		are: 3
1568	1567		(1) Subject to withholding of all applicable state and federal 4
1569	1568		taxes; and 5
1570	1569		(2) Included by retirement systems in determining benefits. 6
1571	1570		7
1572	1571		21-5-1417. Merit increase pay system — Definition. 8
1573	1572		(a)(1) The Division of Higher Education may develop and establish a 9
1574	1573		merit increase pay system for employees of all institutions of higher 10
1575	1574		education covered by this sub chapter. 11
1576	1575		(2)(A) Employees are eligible for a merit increase to be paid as 12
1577	1576		an increase in salary or a lump sum on the employee's merit increase date, 13
1578	1577		and the payment shall not be construed as exceeding the maximum pay level for 14
1579	1578		the grade. 15
1580	1579		(B) The lump-sum payments authorized in this section shall 16
1581	1580		be considered as salary for the purposes of retirement eligibility. 17
1582	1581		(3) The merit increase pay system shall be reviewed by the 18
1583	1582		Legislative Council or, if the General Assembly is in session, the Joint 19
1584	1583		Budget Committee. 20
1585	1584		(b) As used in this section, “merit increase pay system” means a 21
1586	1585		merit-based pay system that incorporates pay and performance evaluation 22
1587	1586		standards and establishes criteria for payments for employees who meet 23
1588	1587		requisite performance categori es. 24
1589	1588		(c) Merit payments may be awarded to employees who satisfy 25
1590	1589		performance evaluation -based criteria developed by institutions in accordance 26
1591	1590		with procedures and policies developed and approved by the division after 27
1592	1591		review by the Legislative Council. 28
1593	1592		29
1594	1593		SECTION 6. EMERGENCY CLAUSE. It is found and determined by the 30
1595	1594		General Assembly of the State of Arkansas that this act deals with the 31
1596	1595		personnel of institutions of higher education; that the changes made by this 32
1597	1596		act are necessary to provide for the effici ent and effective operation of 33
1598	1597		institutions of higher education and to ensure that state funds are spent 34
1599	1598		appropriately and in a manner that preserves the public peace, health, and 35
1600	1599		safety; that each institution of higher education's operative appropriation 36 SB491
1601	1600
1602	1601		41 3/27/2023 2:06:00 PM MBM122
1603	1602
1604	1603
1605	1604		act will become effective on July 1, 2023, at the beginning of the next 1
1606	1605		fiscal year; and that this act should likewise become effective at the 2
1607	1606		beginning of the state's fiscal year to ensure that no lapses in staffing 3
1608	1607		occur and institutions of higher educat ion may continue to provide vital 4
1609	1608		services to the citizens of the state of Arkansas. Therefore, an emergency 5
1610	1609		is declared to exist, and this act being necessary for the preservation of 6
1611	1610		the public peace, health, and safety shall become effective on July 1, 2023. 7
1612	1611		8
1613	1612		9
1614	1613		10
1615	1614		11
1616		-	~~APPROVED: 4/12/23~~ 12
	1615	+	12
1617	1616		13
1618	1617		14
1619	1618		15
1620	1619		16
1621	1620		17
1622	1621		18
1623	1622		19
1624	1623		20
1625	1624		21
1626	1625		22
1627	1626		23
1628	1627		24
1629	1628		25
1630	1629		26
1631	1630		27
1632	1631		28
1633	1632		29
1634	1633		30
1635	1634		31
1636	1635		32
1637	1636		33
1638	1637		34
1639	1638		35
1640	1639		36