Stricken language would be deleted from and underlined language would be added to present law.
Act 938 of the Regular Session
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State of Arkansas As Engrossed: H4/1/25 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1365 3
4
By: Representative K. Brown 5
6
7
For An Act To Be Entitled 8
AN ACT TO REMOVE RACIAL AND GENDER QUOTAS AND 9
QUALIFICATIONS OF MEMBERSHIP FOR CERTAIN BOARDS, 10
COMMITTEES, COUNCILS, AND COMMISSIONS; AND FOR OTHER 11
PURPOSES. 12
13
14
Subtitle 15
TO REMOVE RACIAL AND GENDER QUOTAS AND 16
QUALIFICATIONS OF MEMBERSHIP FOR CERTAIN 17
BOARDS, COMMITTEES, COUNCILS, AND 18
COMMISSIONS. 19
20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21
22
SECTION 1. Arkansas Code § 6 -1-703(b)(2)(B)(vii), concerning the 23
creation and membership of the Arkansas Financial Education Commission, is 24
amended to read as follows: 25
(vii) Three (3) members who have various financial 26
backgrounds, one (1) member of the three (3) to be a female, one (1) member 27
of the three (3) to be a racial minority, appointed by the Treasurer of 28
State. 29
30
SECTION 2. Arkansas Code § 6 -11-101(c), concerning the membership of 31
the State Board of Education, is repealed. 32
(c) The membership of the state board shall reflect the diversity in 33
general education. 34
35
SECTION 3. Arkansas Code § 6 -15-1601(b), concerning the establishment 36 As Engrossed: H4/1/25 HB1365
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and membership of the Commission on Closing the Achievement Gap in Arkansas, 1
is amended to read as follows: 2
(b) The commission shall consist of eleven (11) members representing 3
the racial and ethnic diversity of Arkansas as follows: 4
(1)(A) Five (5) persons appointed by the Governor. 5
(B)(i) One (1) of the Governor's appointees shall be a 6
representative of business and industry in Arkansas, a representative of 7
health and human services, or a public school teacher. 8
(ii)(a) Four (4) of the Governor's appointees 9
shall be minority or low-income parents concerned about the achievement gap 10
with one (1) representative from each of the four (4) congressional 11
districts. 12
(b) A minimum of two (2) of the individuals 13
appointed under subdivision (b)(1)(B)(ii)(a) of this section shall be 14
African-American. 15
(c) A minimum of one (1) of the individuals 16
appointed under subdivision (b)(1)(B)(ii)(a) of this section shall be 17
Hispanic; 18
(2)(A) Three (3) persons appointed by the President Pro Tempore 19
of the Senate. 20
(B)(i) One (1) of the President Pro Tempore of the 21
Senate's appointees shall be a member of the school of education faculty of 22
an historically black a college in the state with an accredited school of 23
education. 24
(ii) One (1) of the President Pro Tempore of the 25
Senate's appointees shall be a minority person who has demonstrated a 26
commitment to education. 27
(iii) One (1) of the President Pro Tempore of the 28
Senate's appointees shall be a public school teacher with a special expertise 29
in closing the achievement gap; and 30
(3)(A) Three (3) persons appointed by the Speaker of the House 31
of Representatives. 32
(B)(i) One (1) of the appointees of the Speaker of the 33
House of Representatives shall be a person who has experience working with 34
children from low income low-income families. 35
(ii) One (1) of the appointees of the Speaker of the 36 As Engrossed: H4/1/25 HB1365
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House of Representatives shall be a minority person who has demonstrated a 1
commitment to education. 2
(iii) One (1) of the appointees of the Speaker of 3
the House of Representatives shall be a public school administrator with a 4
special expertise in closing the achievement gap. 5
6
SECTION 4. Arkansas Code § 6 -15-1603(b)(3), concerning the local task 7
forces on closing the achievement gap, is amended to read as follows: 8
(3) Task force members shall be representative of community 9
demographics, race, ethnic, gender, and socioeconomic diversity. It is 10
strongly recommended that they include: 11
(A)(i) Three (3) parents, as selected by the local school 12
district's parent organization. 13
(ii) One (1) parent who has a child at an elementary 14
school, one (1) who has a child at a junior high or middle school, and one 15
(1) who has a child at a high school; 16
(B) School administrators, teachers, instructional support 17
personnel, exceptional children personnel, and second language specialists, 18
each of whom shall be selected by the superintendent; 19
(C) One (1) member of the local board of education, as 20
selected by that board; 21
(D) One (1) representative of the local department of 22
social services; 23
(E) At least one (1) juvenile court counselor; 24
(F) At least one (1) representative of local law 25
enforcement; 26
(G) One (1) representative of the local Communities in 27
Schools Program, if present in the local school district, as selected by the 28
executive director of that program; 29
(H) At least one (1) representative of local businesses, 30
as selected by the local chamber of commerce; 31
(I) Representatives from community -based organizations, as 32
selected by the superintendent upon recommendation from those organizations; 33
(J) At least one (1) representative of a university school 34
of education, if there is one in the area, as selected by the chair of the 35
local board of education; 36 As Engrossed: H4/1/25 HB1365
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(K) Two (2) high school students, as recommended by their 1
student councils and elected by the chair of the local board of education; 2
and 3
(L) Any other community representatives, as selected by 4
the superintendent. 5
6
SECTION 5. Arkansas Code § 6 -15-2502(d)(4)(C), concerning the local 7
advisory group related to education renewal zones, is repealed. 8
(C) The membership and staff of local advisory groups 9
shall be reflective of the diversity of the population of the state. 10
11
SECTION 6. Arkansas Code § 6 -61-529(b)(1), concerning the membership 12
of local community college boards, is amended to read as follows: 13
(b)(1)(A) If the local community college board chooses to become an 14
appointed board, positions on the board shall become vacant as current terms 15
expire, and persons who are residents and qualified electors of the community 16
college district shall be appointed by the Governor for terms of six (6) 17
years. 18
(B) To the extent possible, the Governor shall assure 19
equitable representation on the board with regard to race and geographic 20
distribution from throughout the district. 21
22
SECTION 7. Arkansas Code § 17 -19-106(b)(3)(B), concerning the creation 23
and membership of the Professional Bail Bond Company and Professional Bail 24
Bondsman Licensing Board, is amended to read as follows: 25
(B)(i) Each congressional district shall be represented by 26
at least one (1) member of the board. 27
(ii) At least one (1) board member shall be an 28
African-American. 29
(iii) At least one (1) board member shall be a 30
female. 31
32
SECTION 8. Arkansas Code § 17-22-201(b)(8), concerning the creation 33
and membership of the State Athletic Commission, is amended to read as 34
follows: 35
(8)(A) Furthermore, one (1) of the seven (7) members of the 36 As Engrossed: H4/1/25 HB1365
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commission shall be a member of a minority race. 1
(B) One (1) of the seven (7) members shall be a senior 2
citizen. 3
(C)(B) Four (4) of the seven (7) members shall have 4
experience with combative sports. 5
6
SECTION 9. Arkansas Code § 17 -27-201(b), concerning the membership of 7
the Arkansas Board of Examiners in Counseling, is amended to read as follows: 8
(b) Appointments shall be made so as to ensure that the Arkansas Board 9
of Examiners in Counseling consists of citizens of the United States , and 10
residents of Arkansas , at least one (1) member of each sex, and at least one 11
(1) member of an ethnic minority . 12
13
SECTION 10. Arkansas Code §§ 17 -80-301 and 17-80-302 are repealed. 14
17-80-301. Purposes. 15
The purposes of this subchapter are to: 16
(1) Provide appointment recommendations for Arkansas state 17
boards and commissions that license or otherwise regulate health -related 18
professions to ensure board and commission compositions that reflect the 19
diversity of the State of Arkansas; and 20
(2) Ensure that cultural competency, health disparities, and 21
other minority health issues are adequately represented in the health policy 22
decisions determined by state health -related agencies, boards, and 23
commissions for the State of Arkansas. 24
25
17-80-302. Minority members of state health -related agencies, boards, 26
and commissions. 27
(a) The appointing authorities for state health -related agencies, 28
boards, and commissions shall consider appointment recommendations submitted 29
by minority health-related professional associations. 30
(b) The recommending organizations under this section include without 31
limitation: 32
(1) The Arkansas Medical, Dental, and Pharmaceutical 33
Association; 34
(2) The Arkansas Association of Black Social Workers, Inc.; 35
(3) The Arkansas Black Nurses Association; 36 As Engrossed: H4/1/25 HB1365
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(4) The National Association of Hispanic Nurses, Arkansas 1
Chapter; 2
(5) The National Pharmacists Association of Arkansas; and 3
(6) The Arkansas State Board of Nursing. 4
(c) Recommendations for appointments under this section shall: 5
(1) Be submitted to the appointing authorities at least thirty 6
(30) days before the expiration of a position in a state health -related 7
agency, board, or commission relevant to the field or practice of the 8
recommending body; 9
(2) Be submitted to the appointing authorities anytime before 10
the appointing authority fills a position that has opened due to resignation 11
or removal before the end of the originally appointed term; 12
(3) Be submitted by an officially designated officer or 13
committee on behalf of the recommending organization; and 14
(4) Include correspondence on official organizational letterhead 15
and the resume or curriculum vitae of a recommended candidate. 16
(d) If a recommendation for appointment under subsection (b) of this 17
section is not received within the time allotted for the appointment, the 18
appointing authority may make the appointment without a recommendation. 19
(e) The health-related agencies, boards, and commissions for which 20
recommendations may be considered under this section include the: 21
(1) Arkansas Board of Podiatric Medicine; 22
(2) Arkansas Psychology Board; 23
(3) Arkansas Social Work Licensing Board; 24
(4) Arkansas State Board of Dental Examiners; 25
(5) Arkansas State Medical Board; 26
(6) Arkansas State Board of Pharmacy; 27
(7) Board of Examiners in Speech -Language Pathology and 28
Audiology; and 29
(8) State Board of Optometry. 30
(f) This section does not change or affect any existing delineations 31
for minority appointments. 32
33
SECTION 11. Arkansas Code § 17 -88-202(b)(1), concerning the creation 34
and membership of the Arkansas State Occupational Therapy Examining 35
Committee, is amended to read as follows: 36 As Engrossed: H4/1/25 HB1365
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(b)(1) The committee shall consist of five (5) members appointed by 1
the Governor subject to confirmation by the Senate for terms of five (5) 2
years, each of whom is a citizen of the United States and a resident of the 3
State of Arkansas. One (1) member shall be a member of a minority race. 4
5
SECTION 12. Arkansas Code § 17 -92-201(a), concerning the membership 6
and qualifications of the Arkansas State Board of Pharmacy, is amended to 7
read as follows: 8
(a) The Arkansas State Board of Pharmacy shall consist of eight (8) 9
members, appointed by the Governor for terms of six (6) years: 10
(1) Five (5) Six (6) members shall be experienced pharmacists 11
who have been actively engaged in the practice of pharmacy for the last five 12
(5) years immediately preceding their appointments, to be appointed by the 13
Governor after consulting the Arkansas Pharmacist's Association and subject 14
to confirmation by the Senate; 15
(2) One (1) member shall be a minority who is a licensed 16
practicing pharmacist in this state, to be appointed by the Governor after 17
consulting the Pharmaceutical Section of the Arkansas Medical, Dental, and 18
Pharmaceutical Association, Inc., and subject to confirmation by the Senate; 19
and 20
(3)(A)(2)(A) Two (2) members of the board shall not be actively 21
engaged in or retired from the practice of pharmacy. One (1) member shall 22
represent consumers, and one (1) member shall be sixty (60) years of age or 23
older and shall represent the elderly. Both shall be appointed from the state 24
at large, subject to confirmation by the Senate. Both shall be full voting 25
members but shall not participate in the grading of examinations. 26
(B) The two (2) positions shall not be held by the same 27
person. 28
29
30
SECTION 13. Arkansas Code § 20-14-508(b)(1), concerning the membership 31
of the State Interagency Council, is amended to read as follows: 32
(1) At least twenty percent (20%) of the membership shall 33
include parents, including minorities, of infants and toddlers with 34
disabilities, or a child with a disability who is twelve (12) years of age or 35
younger, with knowledge of or experience with programs for infants and 36 As Engrossed: H4/1/25 HB1365
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toddlers with disabilities, and at least one (1) of the members shall be a 1
parent of a child who is six (6) years of age or under; 2
3
SECTION 14. Arkansas Code § 20 -47-505(a)(2)(B), concerning the 4
creation and membership of the Child and Adolescent Service System Program 5
Coordinating Council, is repealed. 6
(B) A member of an ethnic minority; 7
8
SECTION 15. Arkansas Code § 20 -48-203(a)(1), concerning the creation 9
and membership of the Board of Developmental Disabilities Services, is 10
amended to read as follows: 11
(a)(1) The Board of Developmental Disabilities Services shall consist 12
of seven (7) members , at least one (1) of whom shall be a woman, who shall be 13
citizens and residents of the State of Arkansas and more than twenty -five 14
(25) years of age. 15
16
SECTION 16. Arkansas Code § 20 -78-703(b)(7), concerning the membership 17
of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation 18
Program Advisory Council, is amended to read as follows: 19
(7) Two (2) members from the public at large, at least one (1) 20
of whom shall be active in child advocacy within the state and one (1) of 21
whom shall be African -American. 22
23
SECTION 17. Arkansas Code § 22 -3-303(b)(3), concerning the creation 24
and membership of the Capitol Zoning District Commission, is amended to read 25
as follows: 26
(3) Four (4) resident electors of this state, to be designated 27
by the Governor and who shall serve three -year terms, one (1) of whom shall 28
be a black; 29
30
SECTION 18. Arkansas Code § 23 -61-1011(b)(7)(A), concerning the 31
membership of the Health and Economic Outcomes Accountability Oversight 32
Advisory Panel, is amended to read as follows: 33
(7)(A) Three (3) community members who represent health, 34
business, or education , who reflect the broad racial and geographic diversity 35
in the state, and who have demonstrated a commitment to improving the health 36 As Engrossed: H4/1/25 HB1365
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and welfare of Arkansans, appointed as follows: 1
(i) One (1) member shall be appointed by and serve 2
at the will of the Governor; 3
(ii) One (1) member shall be appointed by and serve 4
at the will of the President Pro Tempore of the Senate; and 5
(iii) One (1) member shall be appointed by and serve 6
at the will of the Speaker of the House of Representatives. 7
8
SECTION 19. Arkansas Code § 24 -7-301(3), concerning the membership of 9
the Board of Trustees of the Arkansas Teacher Retirement System, is amended 10
to read as follows: 11
(3) One (1) trustee shall be a minority, as defined under § 1 -2-12
503, person who: 13
(A) Is an active or retired member of the system; 14
(B) Is elected from the active and retired membership of 15
the system; and 16
(C) Has at least five (5) years of actual service; 17
18
SECTION 20. Arkansas Code § 26 -57-255(a)(3), concerning the creation 19
and membership of the Arkansas Tobacco Control Board, is amended to read as 20
follows: 21
(3) Four (4) members of the board shall be members of the public 22
at large who are not public employees or officials, at least one (1) of whom 23
shall be an African-American, and two (2) of whom shall be appointed by the 24
Governor after consulting the Arkansas Medical Society, Inc. , and subject to 25
confirmation by the Senate. 26
27
SECTION 21. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 28
this act or the application of this act to any person or circumstance is held 29
invalid, the invalidity shall not affect other provisions or applications of 30
this act which can be given effect without the invalid provision or 31
application, and to this end, the provisions of this act are declared 32
severable. 33
34
/s/K. Brown 35
APPROVED: 4/21/25 36