Arkansas 2023 Regular Session

Arkansas Senate Bill SB551 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 786 of the Regular Session
3	2		TNL436 3/30/2023 5:31:01 PM TNL436
4	3
5	4		State of Arkansas 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 551 3
8	7		4
9	8		By: Senator J. Dotson 5
10	9		By: Representative Brooks 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO AMEND THE REFERENCES IN THE AR KANSAS CODE 9
14	13		TO "DIRECTOR OF THE DIVISION OF HIGHER E DUCATION" TO 10
15	14		THE "COMMISSIONER OF THE DIVISION OF HIGH ER 11
16	15		EDUCATION"; TO AMEND THE MEANS BY WHICH T HE DIRECTOR 12
17	16		OF THE DIVISION OF H IGHER EDUCATION IS A PPOINTED; TO 13
18	17		DECLARE AN EMERGENCY; AND FOR OTHER PURPOS ES. 14
19	18		15
20	19		16
21	20		Subtitle 17
22	21		TO AMEND THE ARKANSAS CODE AS IT PERTAINS 18
23	22		TO REFERENCES TO THE DIRECTOR OF THE 19
24	23		DIVISION OF HIGHER EDUCATION; AND TO 20
25	24		DECLARE AN EMERGENCY. 21
26	25		22
27	26		23
28	27		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
29	28		25
30	29		SECTION 1. Arkansas Code § 1 -4-114(b)(1), concerning the person 26
31	30		designated or appointed by the Governor as Poet Laureate of the State of 27
32	31		Arkansas, is amended to read as follows: 28
33	32		(b)(1) The person designated or appointed by the Governor as Poet 29
34	33		Laureate of the State of Arkansas shall be a person whose name was selected 30
35	34		from a list of names submitted to the Governor upon recommendation of a 31
36	35		committee consisting of: 32
37	36		(A) Two (2) principal heads of English departments of 33
38	37		state-supported universities or colleges who are selected by the Director 34
39	38		Commissioner of the Division of Higher Education; and 35
40	39		(B) Two (2) members of the Poets' Roundtable of Arkansas 36 SB551
41	40
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43	42
44	43
45	44		who are selected by the President of the Poets' Roundtable of Arkansas. 1
46	45		2
47	46		SECTION 2. Arkansas Code § 6-1-404(a)(4), concerning the members of 3
48	47		the School Leadership Coordinating Council, is amended to read as follows: 4
49	48		(4) The Director Commissioner of the Division of Higher 5
50	49		Education; 6
51	50		7
52	51		SECTION 3. Arkansas Code § 6 -5-1102(b), concerning t he membership of 8
53	52		the Council on Postsecondary Education and Career Readiness, is amended to 9
54	53		read as follows: 10
55	54		(b) The council shall consist of eleven (11) members as follows: 11
56	55		(1) The Commissioner of Elementary and Secondary Education or 12
57	56		his or her designee; 13
58	57		(2) The Director Commissioner of the Division of Higher 14
59	58		Education or his or her designee; 15
60	59		(3) The Director of the Division of Career and Technical 16
61	60		Education or his or her designee; 17
62	61		(4) The Director of the Arkansas Economic Development Commis sion 18
63	62		or his or her designee; 19
64	63		(5) The Director of the Division of Workforce Services or his or 20
65	64		her designee; 21
66	65		(6) A president or chancellor of an Arkansas four -year 22
67	66		institution of higher education or his or her designee, appointed annually by 23
68	67		the Director Commissioner of the Division of Higher Education; 24
69	68		(7) The Executive Director of the Arkansas Association of 25
70	69		Educational Administrators or his or her designee; 26
71	70		(8) The Executive Director of Arkansas Community Colleges or his 27
72	71		or her designee; 28
73	72		(9) The Executive Director of the Arkansas Education Association 29
74	73		or his or her designee; 30
75	74		(10) The Executive Director of the Arkansas School Boards 31
76	75		Association or his or her designee; and 32
77	76		(11) The President of the Arkansas State Chamber of Commerce and 33
78	77		the Associated Industries of Arkansas or his or her designee. 34
79	78		35
80	79		SECTION 4. Arkansas Code § 6 -11-208(a)(1), concerning the membership 36 SB551
81	80
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83	82
84	83
85	84		of the Regional Educational Career Alternative School System for Adjudicated 1
86	85		Youth multiagency task force, is amended to r ead as follows: 2
87	86		(a)(1) A multiagency task force, staffed and supported by the Division 3
88	87		of Career and Technical Education, is established and shall consist of five 4
89	88		(5) members, including: 5
90	89		(A) The Commissioner of Elementary and Secondary Education 6
91	90		or his or her designee; 7
92	91		(B) The Director of the Division of Career and Technical 8
93	92		Education or his or her designee; 9
94	93		(C) The Director Commissioner of the Division of Higher 10
95	94		Education or his or her designee; 11
96	95		(D) The Secretary of the Department of Human Services or 12
97	96		his or her designee; and 13
98	97		(E) The Director of the Division of Workforce Services or 14
99	98		his or her designee. 15
100	99		16
101	100		SECTION 5. Arkansas Code § 6 -15-2501(c)(3), concerning the appointment 17
102	101		of a liaison to the Office of Education Renewal Zones, is amended to read as 18
103	102		follows: 19
104	103		(3) The Director Commissioner of the Division of Higher 20
105	104		Education shall assign one (1) individual from the staff of the Division of 21
106	105		Higher Education to serve as a liaison to the office. 22
107	106		23
108	107		SECTION 6. Arkansas Code § 6 -16-127(d), concerning the receipt of 24
109	108		donations, grants, and appropriations by the Division of Higher Education 25
110	109		under the Arkansas Foreign Language Teacher Training Program, is amended to 26
111	110		read as follows: 27
112	111		(d)(1) The awards granted under the provisions of thi s section and § 28
113	112		6-16-128 may be funded by donations, grants, or legislative appropriation. 29
114	113		(2) All donations, grants, and appropriations received shall be 30
115	114		accounted for by the Division of Higher Education. 31
116	115		(3) The Director Commissioner of the Division of Higher 32
117	116		Education may solicit and receive donations and grants for the purpose of 33
118	117		making awards. 34
119	118		(4) The provisions of this section and § 6 -16-128 shall be 35
120	119		contingent on the appropriation and funding necessary to allow the Division 36 SB551
121	120
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123	122
124	123
125	124		of Higher Education to carry out the duties assigned it in this section and § 1
126	125		6-16-128. 2
127	126		3
128	127		SECTION 7. Arkansas Code § 6 -42-303(b)(3)(A), concerning the ex 4
129	128		officio nonvoting members serving on the Board of Visitors for the Arkansas 5
130	129		School for Mathematics, Sciences, and the Arts, is amended to read as 6
131	130		follows: 7
132	131		(3)(A) In addition to appointed members of the Board of Visitors 8
133	132		for the Arkansas School for Mathematics, Sciences, and the Arts, nine (9) ex 9
134	133		officio nonvoting members shall also serve on the Board of Visitors for th e 10
135	134		Arkansas School for Mathematics, Sciences, and the Arts as follows: 11
136	135		(i) The Commissioner of Elementary and Secondary 12
137	136		Education; 13
138	137		(ii) The Director Commissioner of the Division of 14
139	138		Higher Education; 15
140	139		(iii) The Director of the Arkansas Economic 16
141	140		Development Commission or his or her designee; 17
142	141		(iv) The Director of the Division of Arkansas 18
143	142		Heritage; 19
144	143		(v) The president of the parent association of the 20
145	144		school; 21
146	145		(vi) The president of the student government of the 22
147	146		school; 23
148	147		(vii) The president of the faculty and staff 24
149	148		Governing Council of the Arkansas School for Mathematics, Sciences, and the 25
150	149		Arts; 26
151	150		(viii) The Chair of the Association for Alumni and 27
152	151		Friends of ASMSA, or his or her designee; and 28
153	152		(ix) The Chair of the ASMSA Foundation Fund Board of 29
154	153		Ambassadors, or his or her designee. 30
155	154		31
156	155		SECTION 8. Arkansas Code § 6 -50-702(6), concerning the definition of 32
157	156		"governing council" under the Arkansas Existing Workforce Training Act of 33
158	157		1995, is amended to read as follows: 34
159	158		(6) “Governing council” means the Director of the Arkansas 35
160	159		Economic Development Commission, the Director Commissioner of the Division of 36 SB551
161	160
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163	162
164	163
165	164		Higher Education, and the Director of the Office of Skills Development, or 1
166	165		their designees; 2
167	166		3
168	167		SECTION 9. Arkansas Code § 6 -51-213(c)(1), concerning the 4
169	168		administration of certain federal and state vocational education laws, is 5
170	169		amended to read as follows: 6
171	170		(c)(1) The Director Commissioner of the Division of Higher Education, 7
172	171		by and with the advice and consent of the Arkansas Highe r Education 8
173	172		Coordinating Board, may designate assistants as may be necessary to carry out 9
174	173		properly the provisions of this subchapter. 10
175	174		11
176	175		SECTION 10. Arkansas Code § 6 -51-605(a)(2), concerning nonvoting, ex 12
177	176		officio members of the State Board of Private Care er Education, is amended to 13
178	177		read as follows: 14
179	178		(2) The Director Commissioner of the Division of Higher 15
180	179		Education and the Director of the Division of Career and Technical Education 16
181	180		or their designees shall serve as nonvoting, ex officio members of the boar d. 17
182	181		18
183	182		SECTION 11. Arkansas Code § 6 -51-605(b)(1), concerning the election of 19
184	183		officers to the State Board of Private Career Education, is amended to read 20
185	184		as follows: 21
186	185		(b)(1) The board may elect the necessary officers, acting by and 22
187	186		through the Director Commissioner of the Division of Higher Education. 23
188	187		24
189	188		SECTION 12. Arkansas Code § 6 -51-607(f), concerning the use of funds 25
190	189		in the Private Career School Student Protection Trust Fund, is amended to 26
191	190		read as follows: 27
192	191		(f) Any amounts in the Private Career Sch ool Student Protection Trust 28
193	192		Fund above two hundred thousand dollars ($200,000) may be used with the 29
194	193		approval of the Director Commissioner of the Division of Higher Education to: 30
195	194		(1) Fund educational seminars and other forms of educational 31
196	195		projects for the use and benefit of licensed school administrators, faculty, 32
197	196		staff, or admissions representatives; 33
198	197		(2) Provide for travel expenses and registration fees to send 34
199	198		staff or board members to accrediting meetings, seminars, or meetings 35
200	199		relating to the school sector; 36 SB551
201	200
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203	202
204	203
205	204		(3) Provide staff assistance; or 1
206	205		(4)(A) Fund student scholarships as provided for by the Higher 2
207	206		Education Grants Fund Account. 3
208	207		(B) Priority of funding scholarships under subdivision 4
209	208		(f)(4)(A) of this section shall be given to the fund ing of veterinary 5
210	209		medicine student loans at the College of Veterinary Medicine of Mississippi 6
211	210		State University. 7
212	211		8
213	212		SECTION 13. Arkansas Code § 6 -51-609(c)(2)(A), concerning the 9
214	213		endorsement of an admissions representative's license, is amended to read as 10
215	214		follows: 11
216	215		(2)(A) The license shall be endorsed by the Director 12
217	216		Commissioner of the Division of Higher Education. 13
218	217		14
219	218		SECTION 14. Arkansas Code § 6 -51-615(b), concerning the denial of an 15
220	219		admissions representative's license, is amended to read as follows: 16
221	220		(b) The Director Commissioner of the Division of Higher Education, 17
222	221		upon receipt of information considered dependable which indicates fraud, 18
223	222		misrepresentation, or unethical practices on the part of an applicant, may 19
224	223		deny issuance of a license applied for or may suspend immediately a license 20
225	224		already issued pending a review by the Division of Higher Education. 21
226	225		22
227	226		SECTION 15. Arkansas Code § 6 -51-618(d), concerning a school's appeal 23
228	227		regarding penalties imposed on a school that violates the law as it pertains 24
229	228		to private resident and correspondence schools, is amended to read as 25
230	229		follows: 26
231	230		(d) Any school dissatisfied with the penalties imposed may seek 27
232	231		judicial review, provided the school files notice of appeal in Pulaski County 28
233	232		Circuit Court within fifteen (15) ca lendar days immediately following the 29
234	233		date of notification of this action by the Director Commissioner of the 30
235	234		Division of Higher Education. 31
236	235		32
237	236		SECTION 16. Arkansas Code § 6 -60-303(d)(1), concerning the 33
238	237		appropriation transfer procedures for tuition revenue that would have been 34
239	238		generated by charging an out -of-state tuition rate instead of an approved in -35
240	239		state or out-of-district tuition rate, is amended to read as follows: 36 SB551
241	240
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244	243
245	244		(1) The Director Commissioner of the Division of Higher Education 1
246	245		shall determine the difference between the amount of tuition revenue which 2
247	246		that would have been generated by charging the Arkansas Higher Education 3
248	247		Coordinating Board-approved out-of-state tuition rate to the students as 4
249	248		compared to the approved in -state or out-of-district rate. 5
250	249		6
251	250		SECTION 17. Arkansas Code § 6 -61-129(d)(1), concerning the meeting of 7
252	251		individuals to review applications for the creation of a center of 8
253	252		excellence, is amended to read as follows: 9
254	253		(d)(1) Two (2) representatives of the division as designated by the 10
255	254		Director Commissioner of the Division of Higher Education, and one (1) 11
256	255		representative of the Arkansas Economic Development Commission shall meet as 12
257	256		needed to review applications jointly. 13
258	257		14
259	258		SECTION 18. Arkansas Code § 6 -61-504 is amended to read as follow s: 15
260	259		6-61-504. Division of Community Junior Colleges created. 16
261	260		The Director Commissioner of the Division of Higher Education shall 17
262	261		establish a separate Division of Community Junior Colleges within the 18
263	262		Division of Higher Education. 19
264	263		20
265	264		SECTION 19. Arkansas C ode § 6-61-803 is amended to read as follows: 21
266	265		6-61-803. Arkansas Research Development Program created — 22
267	266		Administration. 23
268	267		There is created a program to be known as the “Arkansas Research 24
269	268		Development Program”, which shall be administered by the Director 25
270	269		Commissioner of the Division of Higher Education. 26
271	270		27
272	271		SECTION 20. Arkansas Code § 6 -61-808(b)(1), concerning the review of 28
273	272		applications for funds under the Arkansas Research Development Act, is 29
274	273		amended to read as follows: 30
275	274		(b)(1) The Director Commissioner of the Division of Higher Education 31
276	275		shall review the applications and shall approve applications in the amount he 32
277	276		or she determines appropriate, after seeking the advice of the Legislative 33
278	277		Council. 34
279	278		35
280	279		SECTION 21. Arkansas Code § 6 -61-902(c), concerning the work conducted 36 SB551
281	280
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283	282
284	283
285	284		by the Office of Accountability within the Division of Higher Education, is 1
286	285		amended to read as follows: 2
287	286		(c) Under the direction of the Director Commissioner of the Division 3
288	287		of Higher Education, the staff of the office shall work cooperati vely with 4
289	288		and provide any necessary assistance to the House Committee on Education and 5
290	289		the Senate Committee on Education. 6
291	290		7
292	291		SECTION 22. Arkansas Code § 6 -61-1403(a), concerning the 8
293	292		recommendation for additions or alterations to the common course number 9
294	293		system, is amended to read as follows: 10
295	294		(a) The Director Commissioner of the Division of Higher Education 11
296	295		shall recommend to the Arkansas Higher Education Coordinating Board any 12
297	296		additions or alterations to the common course numbering system. 13
298	297		14
299	298		SECTION 23. Arkansas Code § 6-62-105(c)(1), concerning the 15
300	299		authorization of state -supported institutions to borrow funds from a private 16
301	300		financial institution, is amended to read as follows: 17
302	301		(c)(1) Notwithstanding subsections (a) and (b) of this section or § 18
303	302		19-4-705, the Chief Fiscal Officer of the State and the Director Commissioner 19
304	303		of the Division of Higher Education may authorize a state -supported 20
305	304		institution of higher education to borrow funds from a private financial 21
306	305		institution provided that the board of trustees certifies that borrowing 22
307	306		funds from a private financial institution: 23
308	307		(A) Is required to continue essential operations of the 24
309	308		state-supported institution of higher education into the following fiscal 25
310	309		year; and 26
311	310		(B) Will be repaid not later than one hundred twenty (120) 27
312	311		days after the start of the following fiscal year. 28
313	312		29
314	313		SECTION 24. Arkansas Code § 6 -63-307(a), concerning salary 30
315	314		restrictions for employees of state institu tions of higher education, is 31
316	315		amended to read as follows: 32
317	316		(a) An employee drawing a salary or other form of compensation from an 33
318	317		institution of higher education shall not be paid an additional salary or 34
319	318		receive additional compensation other than reimburs ement for actual expenses 35
320	319		from that institution or from any other agency or institution of higher 36 SB551
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323	322
324	323
325	324		education except upon written certification to and approval by the Director 1
326	325		Commissioner of the Division of Higher Education and by the head of each 2
327	326		agency or institution that the work performed by the employee for the other 3
328	327		agency or institution of higher education does not interfere with the proper 4
329	328		and required performance of the employee's primary duties and that the 5
330	329		combined salary payments from both agenci es or institutions of higher 6
331	330		education will not exceed the larger maximum annual salary of the line item 7
332	331		position authorized for either agency from which the employee is to be paid. 8
333	332		9
334	333		SECTION 25. Arkansas Code § 6 -67-114(b), concerning the biennial 10
335	334		report to the General Assembly submitted by the Board of Trustees of the 11
336	335		University of Central Arkansas, is amended to read as follows: 12
337	336		(b) The report shall be incorporated in the report of the Director 13
338	337		Commissioner of the Division of Higher Education and shal l set forth the 14
339	338		financial and scholastic condition of the University of Central Arkansas, 15
340	339		furnish such suggestions as in the board's judgment are necessary for the 16
341	340		improvement of the university, and shall make any further recommendations 17
342	341		that may seem wise and expedient to the board. 18
343	342		19
344	343		SECTION 26. Arkansas Code § 6 -84-104(b), concerning the cotrustees of 20
345	344		the Arkansas Brighter Future Fund Plan Trust, is amended to read as follows: 21
346	345		(b) The cotrustees of the trust shall be the Director Commissioner of 22
347	346		the Division of Higher Education, the Executive Director of the Arkansas 23
348	347		Teacher Retirement System, and the Treasurer of State. 24
349	348		25
350	349		SECTION 27. Arkansas Code § 6 -84-105(a), concerning the administration 26
351	350		of the Section 529 Plan Review Committee under the Arkansas Brighter Future 27
352	351		Fund Plan Trust, is amended to read as follows: 28
353	352		(a) This chapter shall be administered by the Section 529 Plan Review 29
354	353		Committee, which shall be composed of: 30
355	354		(1) The Director Commissioner of the Division of Higher 31
356	355		Education; 32
357	356		(2) The Executive Director of the Arkansas Teacher Retirement 33
358	357		System; and 34
359	358		(3) The Treasurer of State. 35
360	359		36 SB551
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363	362
364	363
365	364		SECTION 28. Arkansas Code § 6 -85-205(e), concerning the review and 1
366	365		evaluation of the Arkansas Academic Challenge Scholarship Program, is amended 2
367	366		to read as follows: 3
368	367		(e) The Director Commissioner of the Division of Higher Education 4
369	368		shall review and evaluate the operation of the program with regard to 5
370	369		eligibility criteria and size of the scholarship award to ensure that the 6
371	370		program's operation meets the inte nt of this subchapter. 7
372	371		8
373	372		SECTION 29. Arkansas Code § 6 -85-216(c), concerning the required 9
374	373		annual report to the Legislative Council concerning the Arkansas Academic 10
375	374		Challenge Scholarship Program, is amended to read as follows: 11
376	375		(c) The division shall use the information provided under this section 12
377	376		to conduct the research and analysis needed to support the annual report of 13
378	377		the Director Commissioner of the Division of Higher Education to the 14
379	378		Legislative Council under § 6 -85-205. 15
380	379		16
381	380		SECTION 30. Arkansas Code § 6-85-219(a)(2), concerning information 17
382	381		included in the annual report to the Legislative Council concerning the 18
383	382		Arkansas Academic Challenge Scholarship Program, is amended to read as 19
384	383		follows: 20
385	384		(2) The information provided shall include without limitatio n: 21
386	385		(A) Current year expenditures for scholarships and grants 22
387	386		under the Arkansas Academic Challenge Scholarship Program; 23
388	387		(B) Projected obligations for succeeding years from each 24
389	388		scholarship or grant funding source; 25
390	389		(C) Fund balances for the: 26
391	390		(i) Higher Education Grants Fund Account; and 27
392	391		(ii) Trust accounts maintained by the Director 28
393	392		Commissioner of the Division of Higher Education to hold the net proceeds 29
394	393		from the state lottery; 30
395	394		(D) An evaluation of whether the net proceeds from the 31
396	395		state lottery available for the program supplement and do not supplant 32
397	396		nonlottery state educational resources; and 33
398	397		(E) Other information that the Legislative Council or the 34
399	398		General Assembly requests. 35
400	399		36 SB551
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403	402
404	403
405	404		SECTION 31. Arkansas Code § 15 -3-104(c), concerning the membership of 1
406	405		the Board of Directors of the Division of Science and Technology of the 2
407	406		Arkansas Economic Development Commission, is amended to read as follows: 3
408	407		(c) The board shall consist of the Director Commissioner of the 4
409	408		Division of Higher Educ ation or the Director Commissioner of the Division of 5
410	409		Higher Education's designee and thirteen (13) directors who shall be 6
411	410		appointed by the Governor, subject to confirmation by the Senate, as follows: 7
412	411		(1) Three (3) directors shall be engineers or scient ists 8
413	412		recognized for their scientific or technological research efforts; 9
414	413		(2) Two (2) directors shall be appointed as representatives of 10
415	414		academic institutions who have an extended extensive involvement in science 11
416	415		and technology research; 12
417	416		(3) Five (5) directors shall be representatives of the private 13
418	417		sector of the state, who shall be persons with knowledge or experience in the 14
419	418		fields of agriculture, forestry, finance, economic development, or science 15
420	419		and technology; and 16
421	420		(4) Three (3) directors shall b e appointed as representatives of 17
422	421		the private sector of the state, who shall be persons with knowledge or 18
423	422		experience in the field of manufacturing. 19
424	423		20
425	424		SECTION 32. Arkansas Code § 19 -4-1604(c), concerning approval by the 21
426	425		Director of the Division of Higher E ducation for a person to be paid a salary 22
427	426		or compensation from an institution of higher education other than the 23
428	427		institution of higher education that employs the person, is amended to read 24
429	428		as follows: 25
430	429		(c) A person drawing a salary or other compensation f rom a state 26
431	430		agency or institution of higher education shall not be paid a salary or 27
432	431		compensation from another institution of higher education except upon the 28
433	432		written certification to and approval by the Director Commissioner of the 29
434	433		Division of Higher Educa tion that the: 30
435	434		(1) Work performed for the other state agency or institution of 31
436	435		higher education does not interfere with the proper and required performance 32
437	436		of the person's duties; and 33
438	437		(2) Combined salary payments from the state agency and 34
439	438		institution of higher education do not exceed the larger maximum annual 35
440	439		salary of the line-item position authorized for either the agency or 36 SB551
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443	442
444	443
445	444		institution of higher education from which the employee is being paid. 1
446	445		2
447	446		SECTION 33. Arkansas Code § 19 -5-501(b)(1)(E) and (F), concerning 3
448	447		temporary loans made to institutions of higher education, is amended to read 4
449	448		as follows: 5
450	449		(E) Temporary loans may be made to the institutions of 6
451	450		higher education for operational purposes. In making these loans, the 7
452	451		following procedures sh all be applicable. The institutions of higher 8
453	452		education shall submit requests for loans to both the Director Commissioner 9
454	453		of the Division of Higher Education and the Chief Fiscal Officer of the State 10
455	454		setting forth the need for the loan. The requests shal l include at least the 11
456	455		following: 12
457	456		(i) The current total cash balance of all accounts 13
458	457		of the requesting institution's cash funds; 14
459	458		(ii) The reasons why the cash fund balances and 15
460	459		their general revenue fund balances are insufficient to meet current 16
461	460		obligations; 17
462	461		(iii) The anticipated duration of the loan; and 18
463	462		(iv) A proposed repayment schedule. 19
464	463		(F) The Chief Fiscal Officer of the State and the Director 20
465	464		Commissioner of the Division of Higher Education shall review the request for 21
466	465		the loan. The Director Commissioner of the Division of Higher Education 22
467	466		shall recommend, in writing, the approval or disapproval of the loan and the 23
468	467		reasons for the recommendation to the Chi ef Fiscal Officer of the State. The 24
469	468		Chief Fiscal Officer of the State shall review the institution's request, the 25
470	469		funds available in the Budget Stabilization Trust Fund, and the 26
471	470		recommendation of the Director Commissioner of the Division of Higher 27
472	471		Education. The Chief Fiscal Officer of the State may request such additional 28
473	472		information as is deemed necessary to make a determination as to whether the 29
474	473		request should be approved. If the Chief Fiscal Officer of the State 30
475	474		determines that the request is proper and necessary for the operation of the 31
476	475		institution and that sufficient funds are available, the Chief Fiscal Officer 32
477	476		of the State shall approve the request and establish a repayment schedule for 33
478	477		the loan. If the Chief Fiscal Officer of the State determine s that the loan 34
479	478		is not necessary or required, or that funds are not available, the Chief 35
480	479		Fiscal Officer of the State shall deny the request. The Chief Fiscal Officer 36 SB551
481	480
482	481		13 3/30/2023 5:31:01 PM TNL436
483	482
484	483
485	484		of the State shall communicate in writing to the institution and to the 1
486	485		Director Commissioner of the Division of Higher Education the reasons for 2
487	486		disapproval of the requested loan. All loans made to the institutions of 3
488	487		higher education under the provisions of this section shall be repaid in full 4
489	488		by June 30 of the fiscal year in which the loan was made. In the event an 5
490	489		agency or program is established by the General Assembly which is to be 6
491	490		supported solely from other than general revenues or federal funds, the Chief 7
492	491		Fiscal Officer of the State may make a temporary loan from the Budget 8
493	492		Stabilization Trust Fund to the agency or program to the extent necessary for 9
494	493		carrying out the intent of the enabling legislation. The amount of the loan 10
495	494		shall be determined by the Chief Fiscal Officer of the State, and the loans 11
496	495		shall be repaid in full by June 3 0 of the fiscal year in which the loan was 12
497	496		made; 13
498	497		14
499	498		SECTION 34. Arkansas Code § 19 -5-1018(d), concerning the disbursement 15
500	499		of funds accrued to the Higher Education Building Maintenance Fund, is 16
501	500		amended to read as follows: 17
502	501		(d) Those funds accruing to the H igher Education Building Maintenance 18
503	502		Fund under the provisions of this section shall be disbursed by the Director 19
504	503		Commissioner of the Division of Higher Education in accordance with the 20
505	504		recommendations of the Arkansas Higher Education Coordinating Board, b ut only 21
506	505		after the board shall determine the projects and priorities for which the 22
507	506		funds shall be used, and after the board shall have sought the advice of the 23
508	507		Legislative Council with respect to them. 24
509	508		25
510	509		SECTION 35. Arkansas Code § 19 -5-1076(d)(1), concerning the 26
511	510		determination of a difference in tuition revenue under the Higher Education 27
512	511		Tuition Adjustment Fund, is amended to read as follows: 28
513	512		(d)(1) The Director Commissioner of the Division of Higher Education 29
514	513		shall determine the difference between the amount of tuition revenue which 30
515	514		would have been generated by charging the Arkansas Higher Education 31
516	515		Coordinating Board-approved out-of-state tuition rate to said students as 32
517	516		compared to approved in -state or out-of-district rates. 33
518	517		34
519	518		SECTION 36. Arkansas Code § 19-11-1004(c)(3), concerning the receipt 35
520	519		of additional compensation by an employee of an institution of higher 36 SB551
521	520
522	521		14 3/30/2023 5:31:01 PM TNL436
523	522
524	523
525	524		education, is amended to read as follows: 1
526	525		(3) An employee of an institution of higher education performing 2
527	526		professional or consultin g services to a state agency may receive additional 3
528	527		compensation if: 4
529	528		(A) The institution of higher education requests and 5
530	529		receives written approval from the Director Commissioner of the Division of 6
531	530		Higher Education concerning the amount of additional c ompensation to be paid 7
532	531		to any employee; and 8
533	532		(B) The total salary payments received from the employee's 9
534	533		regular salaried position and amounts received for services performed under a 10
535	534		professional services contract do not exceed one hundred twenty -five percent 11
536	535		(125%) of the maximum annual salary authorized by law for the employee's 12
537	536		position with the institution of higher education. 13
538	537		14
539	538		SECTION 37. Arkansas Code § 19 -12-117(a)(3), concerning the membership 15
540	539		of the Director of the Division of Higher Education on the Arkansas Tobacco 16
541	540		Settlement Commission, is amended to read as follows: 17
542	541		(3) The Director Commissioner of the Division of Higher 18
543	542		Education or his or her designee; 19
544	543		20
545	544		SECTION 38. Arkansas Code § 20 -45-302(c)(7), concerning the membership 21
546	545		of a representative from higher education on the Arkansas Suicide Prevention 22
547	546		Council, is amended to read as follows: 23
548	547		(7) A representative from higher education, to be designated by 24
549	548		the Director Commissioner of the Division of Higher Education; 25
550	549		26
551	550		SECTION 39. The introductory language of Arkansas Code § 21 -5-27
552	551		223(b)(1), concerning the authorization of the payment of funds on a regular 28
553	552		payroll schedule as severance pay, is amended to read as follows: 29
554	553		(b)(1) If the head of an institution of higher education determine s 30
555	554		that it is necessary to implement the state workforce reduction policy due to 31
556	555		institution organization structure change, budgetary reductions, abolishment 32
557	556		of positions or duties, loss of functional responsibility by the institution, 33
558	557		or the loss of federa l funding, grants, or other special funds, the head of 34
559	558		the institution, upon approval by the Director Commissioner of the Division 35
560	559		of Higher Education, may authorize the payment of funds on a regular payroll 36 SB551
561	560
562	561		15 3/30/2023 5:31:01 PM TNL436
563	562
564	563
565	564		schedule as severance pay to full -time, part-time, and job sharing classified 1
566	565		employees in regular positions affected by the workforce reduction on the 2
567	566		basis of the following pro rata lump sum for completed years of service, 3
568	567		including any formally implemented probationary period: 4
569	568		5
570	569		SECTION 40. Arkansas Code § 21-5-1402(9), concerning the definition of 6
571	570		"job sharing" under the Higher Education Uniform Classification and 7
572	571		Compensation Act, is amended to read as follows: 8
573	572		(9)(A)(i) “Job sharing” means a form of employment in which the 9
574	573		hours of work of two (2) or more persons are arranged in such a way as to 10
575	574		cover one (1) regular full -time position. 11
576	575		(ii) The division may authorize job sharing for any 12
577	576		regular full-time position. 13
578	577		(B) The Director Commissioner of the Division of Higher 14
579	578		Education or his or her designee shall promulgate necessary rules to carry 15
580	579		out this subdivision (9); 16
581	580		17
582	581		SECTION 41. Arkansas Code § 21 -5-1405(a)(6)(C), concerning the 18
583	582		procedure to allow the head of an institution of higher education to review 19
584	583		the qualifications of applica nts whose education and experience do not meet 20
585	584		or exceed that required by the class specification, is amended to read as 21
586	585		follows: 22
587	586		(C) The procedure under subdivision (a)(6)(A) of this 23
588	587		section shall require the final approval of the Director Commissioner of the 24
589	588		Division of Higher Education, with the review of the Legislative Council or, 25
590	589		if the General Assembly is in session, the Joint Budget Committee; 26
591	590		27
592	591		SECTION 42. Arkansas Code § 21 -5-1409(c)(1), concerning the procedure 28
593	592		for the increase of the maximu m annual salary for an institution of higher 29
594	593		education employee under the Higher Education Uniform Classification and 30
595	594		Compensation Act, is amended to read as follows: 31
596	595		(c)(1) In addition to a compensation increase under subsection (b) of 32
597	596		this section, the maximum annual salary for which an employee covered by this 33
598	597		subchapter is eligible may be increased: 34
599	598		(A) By a percentage up to two percent (2%) with written 35
600	599		approval by the Director Commissioner of the Division of Higher Education; or 36 SB551
601	600
602	601		16 3/30/2023 5:31:01 PM TNL436
603	602
604	603
605	604		(B) More than two percent (2%) only with written approval 1
606	605		of the Director of the Division of Higher Education after review by the 2
607	606		Legislative Council or, if the General Assembly is in session, the Joint 3
608	607		Budget Committee. 4
609	608		5
610	609		SECTION 43. Arkansas Code § 21 -5-1410(c)(1), concerning a request by 6
611	610		an institution of higher education for a special rate of pay for a specific 7
612	611		classification or position under the Higher Education Uniform Classification 8
613	612		and Compensation Act, is amended to read as follows: 9
614	613		(c)(1) An institution m ay request a special rate of pay for a specific 10
615	614		classification or position due to prevailing market rates of pay up to the 11
616	615		midpoint pay level of the appropriate grade of a classification on the 12
617	616		appropriate pay table for the assigned grade with the written approval of the 13
618	617		Director Commissioner of the Division of Higher Education. 14
619	618		15
620	619		SECTION 44. Arkansas Code § 21 -5-1411(c)(3)(B), concerning approval of 16
621	620		a shift schedule, classifications, positions, and the percentage of a shift 17
622	621		differential under the Higher E ducation Uniform Classification and 18
623	622		Compensation Act, is amended to read as follows: 19
624	623		(B) The shift schedule, classifications, positions, and 20
625	624		the percentage of shift differential for which the class titles are eligible 21
626	625		shall be submitted to the division for approval by the Director Commissioner 22
627	626		of the Division of Higher Education. 23
628	627		24
629	628		SECTION 45. Arkansas Code § 21 -5-1412(c)(2)(B), concerning the 25
630	629		certification of hazardous duty differential under the Higher Education 26
631	630		Uniform Classification and Compensatio n Act, is amended to read as follows: 27
632	631		(B) The positions shall be certified by the institution as 28
633	632		having been assigned to a work environment that poses an increased risk of 29
634	633		personal injury and shall be submitted as part of the plan for payment of a 30
635	634		hazardous duty differential to the division for approval by the Director 31
636	635		Commissioner of the Division of Higher Education after review and approval of 32
637	636		the Legislative Council or, if the General Assembly is in session, the Joint 33
638	637		Budget Committee. 34
639	638		35
640	639		SECTION 46. Arkansas Code § 21 -5-1413(a)(1), concerning the request by 36 SB551
641	640
642	641		17 3/30/2023 5:31:01 PM TNL436
643	642
644	643
645	644		an institution of higher education regarding a salary administration grid 1
646	645		under the Higher Education Uniform Classification and Compensation Act, is 2
647	646		amended to read as follows: 3
648	647		(a)(1) An institution of higher education may request that a 4
649	648		salary administration grid be approved for specific classifications of 5
650	649		positions assigned to the pay plan as established in § 21 -5-1410 if the: 6
651	650		(A) Institution has documented the need for a salar y 7
652	651		administration grid for specified positions or classifications; 8
653	652		(B) Terms and conditions of a salary administration grid 9
654	653		proposed by the institution address the needs of the targeted positions; 10
655	654		(C) Cost of implementing and maintaining a salary 11
656	655		administration grid is within the institution's existing appropriation and 12
657	656		the implementation does not use funds specifically set aside for other 13
658	657		programs within the institution; and 14
659	658		(D) Salary administration grid has been approved by the 15
660	659		Director Commissioner of the Division of Higher Education after review by the 16
661	660		Legislative Council or, if the General Assembly is in session, the Joint 17
662	661		Budget Committee. 18
663	662		19
664	663		SECTION 47. Arkansas Code § 21 -5-1416(b), concerning the publishing of 20
665	664		policies and procedures for the administration of career service recognition 21
666	665		payments under the Higher Education Uniform Classification and Compensation 22
667	666		Act, is amended to read as follows: 23
668	667		(b) The Division of Higher Education shall establish and publish 24
669	668		policies and procedures for the administration of career service recognition 25
670	669		payments to employees of institutions upon a determination by the Director 26
671	670		Commissioner of the Division of Higher Education that the respective 27
672	671		institution has sufficient funds available for that purpose. 28
673	672		29
674	673		SECTION 48. Arkansas Code § 23 -115-801(c)(1), concerning the 30
675	674		certification to the Office of the Arkansas Lottery of net proceed amounts 31
676	675		from the state lottery that are needed to fund scholarships under the 32
677	676		Arkansas Scholarship Lottery Act, is amended to r ead as follows: 33
678	677		(c)(1) The Director Commissioner of the Division of Higher Education 34
679	678		shall certify to the office the amount of net proceeds from the state lottery 35
680	679		needed to fund the scholarships awarded to recipients under the following 36 SB551
681	680
682	681		18 3/30/2023 5:31:01 PM TNL436
683	682
684	683
685	684		scholarship programs for each semester of an academic year based on the 1
686	685		contents of the Lottery Scholarship Trust Account at the end of the 2
687	686		immediately preceding fiscal year: 3
688	687		(A) The Arkansas Academic Challenge Scholarship Program, § 4
689	688		6-85-201 et seq.; 5
690	689		(B) The Arkansas Workforce Challenge Scholarship Program, 6
691	690		§ 6-85-301 et seq.; 7
692	691		(C) The Arkansas Concurrent Challenge Scholarship Program, 8
693	692		§ 6-85-401 et seq.; and 9
694	693		(D) Any other scholarship funded with net proceeds from 10
695	694		the state lottery. 11
696	695		12
697	696		SECTION 49. Arkansas C ode § 24-7-801(4), concerning the definition of 13
698	697		"division employees" as it pertains to alternate retirement plans for state 14
699	698		colleges, is amended to read as follows: 15
700	699		(4) “Division employees” means the Director Commissioner of the 16
701	700		Division of Higher Educa tion and the professional education employees of the 17
702	701		division; 18
703	702		19
704	703		SECTION 50. Arkansas Code § 24 -7-804(c), concerning the administration 20
705	704		of an alternate retirement plan, is amended to read as follows: 21
706	705		(c) The board of any college which elects to establish and maintain an 22
707	706		alternate retirement plan and the Director Commissioner of the Division of 23
708	707		Higher Education, if it elects to establish and maintain a plan, shall have 24
709	708		authority to administer the plan and to perform or authorize the performance 25
710	709		of all such functions as may be reasonably appropriate in its administration. 26
711	710		27
712	711		SECTION 51. Arkansas Code § 24 -7-805(c), concerning agents for service 28
713	712		of process as it pertains to alternate retirement plans, is amended to read 29
714	713		as follows: 30
715	714		(c) In any action brought by a staff member or division employee on a 31
716	715		policy or contract, any official of the college or the Director Commissioner 32
717	716		of the Division of Higher Education shall be deemed to be the agent of the 33
718	717		nonprofit company only for the purpose of service of process on the contract 34
719	718		or policy, and for no other purpose. 35
720	719		36 SB551
721	720
722	721		19 3/30/2023 5:31:01 PM TNL436
723	722
724	723
725	724		SECTION 52. Arkansas Code § 24 -7-807(5)(A), concerning the election of 1
726	725		a Division of Higher Education employee who transferred from another sta te 2
727	726		department or division to participate in an alternate retirement plan, is 3
728	727		amended to read as follows: 4
729	728		(5)(A)(i) Any Division of Higher Education employee who 5
730	729		transferred from another state department or division covered by a state -6
731	730		supported retirement system may elect to participate in an alternate 7
732	731		retirement plan. 8
733	732		(ii) The employee shall file written notice of his 9
734	733		or her election with the Director Commissioner of the Division of Higher 10
735	734		Education. 11
736	735		12
737	736		SECTION 53. Arkansas Code § 24 -7-907(4)(B), concerning the provision 13
738	737		of notice by an individual who is a staff member at a vocational -technical 14
739	738		school to participate in an alternate retirement plan, is amended to read as 15
740	739		follows: 16
741	740		(B) The notice of election shall be in writing on a form 17
742	741		established by the Department of Career Education and filed with both the 18
743	742		Director Commissioner of the Division of Higher Education and the retirement 19
744	743		system. 20
745	744		21
746	745		SECTION 54. Arkansas Code § 25 -7-101 is amended to read as follows: 22
747	746		25-7-101. Creation — Director Commissioner — Organization — Personnel. 23
748	747		(a) There is created a Division of Higher Education. 24
749	748		(b)(1) The executive head of the Division of Higher Education shall be 25
750	749		the Director Commissioner of the Division of Higher Education. 26
751	750		(2) The director commissioner shall be appointed, in 27
752	751		consultation with the Arkansas Higher Education Coordinating Board, by the 28
753	752		Governor and shall serve at the pleasure of the Governor. 29
754	753		(3) The director commissioner shall report to the Secretary of 30
755	754		the Department of Education. 31
756	755		(c) The Division of Higher Education shall consist of the Arkansas 32
757	756		Higher Education Coordinating Board and any other divisions which that may be 33
758	757		created by law and placed under the Division of Higher Education. 34
759	758		(d)(1) The director commissioner, with the advice and consent of the 35
760	759		Governor, and the Secretary of the Department of Education, shall appoint the 36 SB551
761	760
762	761		20 3/30/2023 5:31:01 PM TNL436
763	762
764	763
765	764		heads of the respective divisions. 1
766	765		(2)(A) All of the personnel of the Division of Higher Education 2
767	766		shall be employed by and serve at the pleasure o f the director commissioner. 3
768	767		Provided, 4
769	768		(B) However, nothing in this section shall be so construed 5
770	769		as to reduce reducing any right which that an employee shall have under any 6
771	770		civil service or merit system. 7
772	771		(e)(1) Each division of the Division of High er Education shall be 8
773	772		under the direction, control, and supervision of the director commissioner. 9
774	773		(2) The director commissioner may delegate his or her functions, 10
775	774		powers, and duties to various divisions of the Division of Higher Education 11
776	775		as he or she shall deem deems desirable or necessary for the effective and 12
777	776		efficient operation of the Division of Higher Education. 13
778	777		(f) The several institutions of higher education in this state shall 14
779	778		be requested to cooperate with the Division of Higher Education in an effort 15
780	779		to coordinate their programs. 16
781	780		17
782	781		SECTION 55. Arkansas Code § 25 -10-144(b), concerning the purposes of 18
783	782		the Governor's Advisory Commission on National Service and Volunteerism, is 19
784	783		amended to read as follows: 20
785	784		(b) The purposes of the Governor's Advisory Commission on National 21
786	785		Service and Volunteerism are to: 22
787	786		(1) Assist the community engagement program and staff of the 23
788	787		office of the Director Commissioner of the Division of Higher Education in 24
789	788		setting goals, establishing priority activities, per forming an advocacy role, 25
790	789		and assisting in funding and resource development and publicity and 26
791	790		recognition and awards programs; and 27
792	791		(2) Serve as the Arkansas Service Commission for the Edward M. 28
793	792		Kennedy Serve America Act, as governed by 42 U.S.C. § 12638 . 29
794	793		30
795	794		SECTION 56. Arkansas Code § 25 -30-101(b)(2)(B), concerning the 31
796	795		membership of the Director of the Division of Higher Education as a nonvoting 32
797	796		member serving on the Career Education and Workforce Development Board, is 33
798	797		amended to read as follows: 34
799	798		(B) The Director Commissioner of the Division of Higher 35
800	799		Education; 36 SB551
801	800
802	801		21 3/30/2023 5:31:01 PM TNL436
803	802
804	803
805	804		1
806	805		SECTION 57. Arkansas Code § 26 -51-1104(b), concerning the approval of 2
807	806		a qualified research expenditure as it pertains to donations or sales of 3
808	807		equipment to educational institutions, is amen ded to read as follows: 4
809	808		(b) To claim the credit granted by § 26 -51-1102, the taxpayer shall 5
810	809		show that the Director of the Arkansas Economic Development Commission and 6
811	810		the Director Commissioner of the Division of Higher Education have approved 7
812	811		the qualified research expenditure as a part of a qualified research program. 8
813	812		9
814	813		SECTION 58. Arkansas Code § 26 -51-1105 is amended to read as follows: 10
815	814		26-51-1105. Rules. 11
816	815		The Secretary of the Department of Finance and Administration, the 12
817	816		Director Commissioner of the Division of Higher Education, the Director of 13
818	817		the Division of Career and Technical Education, the Secretary of the 14
819	818		Department of Education, and the Director of the Arkansas Economic 15
820	819		Development Commission shall jointly promulgate rules to carry out the 16
821	820		purposes of this subchapter. 17
822	821		18
823	822		SECTION 59. EMERGENCY CLAUSE. It is found and determined by the 19
824	823		General Assembly of the State of Arkansas that it is important for the 20
825	824		Governor to be able to expeditiously appoint an individual to serve as 21
826	825		administrative head of the Division of Higher Education; that the Division of 22
827	826		Higher Education ensures that state -supported institutions of higher 23
828	827		education offer efficient and quality education to citizens of this state and 24
829	828		other states; and that this act is immediat ely necessary to ensure the 25
830	829		administrative head of the Division of Higher Education is appointed in an 26
831	830		efficient manner for purposes of overseeing state -supported higher education 27
832	831		in the State of Arkansas. Therefore, an emergency is declared to exist, and 28
833	832		this act being immediately necessary for the preservation of the public 29
834	833		peace, health, and safety shall become effective on: 30
835	834		(1) The date of its approval by the Governor; 31
836	835		(2) If the bill is neither approved nor vetoed by the Governor, 32
837	836		the expiration of the period of time during which the Governor may veto the 33
838	837		bill; or 34
839	838		(3) If the bill is vetoed by the Governor and the veto is 35
840		-	overridden, the date the last house overrides the veto. ~~APPROVED: 4/12/23~~ 36
	839	+	overridden, the date the last house overrides the veto. 36