Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 184 3
4
By: Senator D. Sullivan 5
By: Representatives Long, S. Meeks 6
7
For An Act To Be Entitled 8
AN ACT TO TRANSFER CERTAIN POWERS AND DUTIES TO THE 9
DEPARTMENT OF EDUCATION; TO ABOLISH THE ARKANSAS 10
EDUCATIONAL TELEVISION COMMISSION; TO ABOLISH THE 11
STATE LIBRARY BOARD; TO TRANSFER THE POWERS AND 12
DUTIES OF THE ARKANSAS EDUCATIONAL TELEVISION 13
COMMISSION AND THE STATE LIBRARY BOARD TO THE 14
DEPARTMENT OF EDUCATION; AND FOR OTHER PURPOSES. 15
16
17
Subtitle 18
TO TRANSFER THE POWERS AND DUTIES OF THE 19
ARKANSAS EDUCATIONAL TELEVISION 20
COMMISSION AND THE STATE LIBRARY BOARD 21
TO THE DEPARTMENT OF EDUCATION. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
25
SECTION 1. DO NOT CODIFY. Abolition of the Arkansas Educational 26
Television Commission. 27
(a) The Arkansas Educational Television Commission is abolished, and 28
its authority, duties, functions, records, contracts, personnel, property, 29
and unexpended balances of appropriations, allocations, and other funds, 30
including the functions of budgeting or purchasing are transferred to the 31
Department of Education. 32
(b) The Arkansas Educational Television Commission's statutory powers, 33
duties, and functions, including the functions of budgeting or purchasing, 34
records, contracts, personnel, property, and unexpended balances of 35
appropriations, allocations, and other funds are transferred to the 36 SB184
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Department of Education. 1
(c)(1) The abolishment of the Arkansas Educational Television 2
Commission does not affect the orders, rules, directives, registration, 3
licensing, or standards made or promulgated by the Arkansas Educational 4
Television Commission before the effective date of this act. 5
(2) The orders, rules, directives, registration, licensing, and 6
standards of the Arkansas Educational Television Commission shall continue to 7
be in effect until they are amended or repealed by the Department of 8
Education. 9
10
SECTION 2. DO NOT CODIFY. Abolition of the State Library Board. 11
(a) The State Library Board is abolished, and its authority, duties, 12
functions, records, contracts, personnel, property, and unexpended balances 13
of appropriations, allocations, and other funds, including the functions of 14
budgeting or purchasing are transferred to the Department of Education. 15
(b) The State Library Board's statutory powers, duties, and functions, 16
including the functions of budgeting or purchasing, records, contracts, 17
personnel, property, and unexpended balances of appropriations, allocations, 18
and other funds are transferred to the Department of Education. 19
(c)(1) The abolishment of the State Library Board does not affect the 20
orders, rules, directives, registration, licensing, or standards made or 21
promulgated by the State Library Board before the effective date of this act. 22
(2) The orders, rules, directives, registration, licensing, and 23
standards of the State Library Board shall continue to be in effect until 24
they are amended or repealed by the Department of Education. 25
26
SECTION 3. DO NOT CODIFY. The name of Arkansas Code Title 6, Chapter 27
3, is changed from "Arkansas Educational Television Commission" to "Arkansas 28
Educational Television". The Arkansas Code Revision Commission shall make all 29
changes in the Arkansas Code necessary to implement this section. 30
31
SECTION 4. Arkansas Code §§ 6 -3-101 – 6-3-103 are repealed. 32
6-3-101. Creation. 33
There is created the Arkansas Educational Television Commission. 34
35
6-3-102. Members. 36 SB184
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(a)(1) The Arkansas Educational Television Commission shall consist of 1
eight (8) members, who shall be residents and qualified electors of the State 2
of Arkansas, with at least one (1) member being appointed from each of the 3
congressional districts of the state. 4
(2) At least one (1) member shall be a person who is actively 5
engaged in the field of education in the public school system of this state, 6
and one (1) member shall be a person actively engaged in education in an 7
institution of higher education in this state. 8
(3) No member of the commission shall hold any other office of 9
profit or trust under the United States, the State of Arkansas, or any 10
political subdivision thereof, or any office or employment paid in whole or 11
in part by any funds derived from tax sources, except persons actively 12
engaged in the field of education in the public schools or institutions of 13
higher education in this state. 14
(4) No member of the commission shall have any financial 15
interest in any facilities such as the commission is authorized to deal with, 16
including any interest in any commercial television or radio station. 17
(b)(1) Members of the commission shall be appointed by the Governor 18
with the advice and consent of the Senate for terms of eight (8) years. 19
(2) Members of the commission shall be eligible for 20
reappointment. 21
(3) If a vacancy occurs, the Governor shall, with the advice and 22
consent of the Senate, appoint another member of the commission for the 23
unexpired term. 24
(4) If the appointment of such member of the commission is 25
confirmed by the Senate, he or she shall serve the remainder of the unexpired 26
term. 27
(c) Each member may receive expense reimbursement and stipends in 28
accordance with § 25 -16-901 et seq. 29
30
6-3-103. Organization — Rules. 31
(a) Promptly after their appointment, the members of the Arkansas 32
Educational Television Commission shall meet to organize. 33
(b) At the meeting they shall choose from their number a chair, a 34
secretary, and such other officers as they deem necessary. 35
(c) Thereafter officers shall be elected annually. 36 SB184
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(d) The commission shall adopt rules regulating the conduct of its 1
meetings and the transaction of the business of the commission. 2
3
SECTION 5. Arkansas Code §§ 6 -3-104 – 6-3-109 are amended to read as 4
follows: 5
6-3-104. Agents and employees. 6
(a) The Arkansas Educational Television Commission may appoint such 7
agents and employees as it deems necessary or may delegate to one (1) or more 8
of its members, officers, agents, or employees such powers and duties as it 9
deems proper and is authorized to do by legislation. 10
(b)(1) The commission Department of Education is authorized to 11
contract with other educational institutions in this state for the employment 12
and use, on a contract basis, of the full -time or part-time services of 13
employees of those educational institutions and may pay for their services in 14
accordance with the provisions of such contracts. 15
(2)(b) In the event the commission department shall determine 16
that the use of full -time or part-time services of employees of such other 17
educational institutions in this state shall make it necessary that payment 18
therefor be from funds appropriated for the commission department for the 19
payment of regular salaries of employees of the commission department, upon 20
certification of the amount to the Chief Fiscal Officer of the State, the 21
amount shall be transferred from the appropriation made for regular salaries 22
of the commission department for the fiscal year involved to the 23
appropriation for maintenance and general operation of the commission 24
department for such fiscal year and may be expended for payments under 25
contracts as authorized herein. 26
27
6-3-105. Purpose — Powers and duties generally. 28
(a) The Arkansas Educational Television Commission is organized for 29
the purpose of making the benefits of educational television available to and 30
promoting its use by inhabitants of Arkansas. 31
(b) To this end, the Arkansas Educational Television Commission The 32
Department of Education is empowered and directed to survey, study, and 33
appraise the need for an overall plan for the use of television facilities 34
available for noncommercial educational use in the state. 35
(c)(b) The Arkansas Educational Television Commission department is 36 SB184
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specifically charged with the duty of controlling and supervising the use of 1
channels reserved by the Federal Communications Commission to Arkansas for 2
noncommercial educational use. 3
(d)(1)(c)(1) The Arkansas Educational Television Commission department 4
may designate the location of stations to utilize such channels and make 5
rules governing the operation of these stations and the programs televised 6
over these channels. 7
(2) The Arkansas Educational Television Commission department 8
may own and operate television stations to utilize these channels, or it may 9
contract with individuals, corporations, educational institutions, or other 10
governmental agencies for the operation of such stations. 11
12
6-3-106. Execution of contracts. 13
The Arkansas Educational Television Commission Department of Education 14
is authorized to execute all contracts and other instruments necessary and 15
convenient to carry out the mandates of this chapter. 16
17
6-3-107. Acceptance of gifts or grants. 18
(a) The Arkansas Educational Television Commission Department of 19
Education may solicit and accept gifts or grants of money, real or personal 20
property, and voluntary and uncompensated services from any person, federal 21
or other governmental agency, board of education, educational institution, or 22
commercial or industrial enterprise. 23
(b) Any gifts and grants of money and any moneys derived from the sale 24
of real or personal property donated to the commission department may be 25
placed in a bank in this state and may be disbursed by the commission 26
department for the purposes for which the gifts, grants, or real or personal 27
property was donated or granted. 28
29
6-3-108. Equipment — Limits on commission department responsibility. 30
After receipt of any equipment furnished or installed by the Arkansas 31
Educational Television Commission Department of Education as part of the 32
implementation and administration of this chapter , the commission department 33
will not be responsible: 34
(1) For additional reception problems which may occur; or 35
(2) For replacement of any of the furnished equipment. 36 SB184
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1
6-3-109. Revolving cash fund. 2
(a) The Arkansas Educational Television Commission Department of 3
Education is authorized to establish in a bank authorized to do business in 4
this state, selected by the commission department, a revolving cash fund into 5
which the commission department shall pay all funds received from the sale of 6
instructional materials prepared by the commission department or purchased by 7
the commission department and sold to schools in this state in connection 8
with educational television programs. 9
(b) In addition, the commission department is authorized to expend 10
from the revolving cash fund amounts necessary to purchase instructional 11
materials for sale to schools to be used for educational television purposes, 12
including the cost of freight, postage, handling, and other delivery costs 13
incidental to the purchase or sale. 14
(c) The commission department shall keep a complete record of all 15
receipts and expenditures from the revolving cash fund and shall make the 16
record available to Arkansas Legislative Audit for audit and verification. 17
18
SECTION 6. Arkansas Code § 6 -3-110(a), concerning appropriations for 19
state employees, is repealed. 20
(a) No person employed by the Arkansas Educational Television 21
Commission and paid from state funds shall receive supplemental compensation 22
or remuneration from funds not appropriated by the state. 23
24
SECTION 7. Arkansas Code §§ 6 -3-112 and 6-3-113 are amended to read as 25
follows: 26
6-3-112. Authorization for lease of facilities. 27
(a)(1) The Arkansas Educational Television Commission Department of 28
Education is authorized and empowered to arrange for the use of its 29
facilities as part of the implementation and administration of this chapter , 30
including without limitation tower space, studios, and equipment, by any 31
federal, state, or local governmental agency or by any other person, from 32
time to time, as any of such facilities are not needed by the commission 33
department, and to collect fees and charges, as the commission department 34
determines to be reasonable, in connection with the use of any such 35
facilities by any other person. 36 SB184
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(2) Provided, however, agencies and educational institutions of 1
the State of Arkansas shall have preference for the use of commission 2
department facilities over other entities and persons and shall be assessed 3
fees and charges at preferential rates as determined by the commission 4
department. 5
(b) The commission department shall be exempt from complying with 6
general provisions of other laws dealing with public commodities and 7
facilities and their acquisition, leasing, or disposition in relation to the 8
use of its studios by other persons in such cases, as advertising for bids 9
would be impractical because of time limitations. 10
(c) Any revenue received by the commission department from the use of 11
its facilities by other persons under this section shall be cash funds 12
pursuant to § 6-3-109. 13
(d) The commission department is authorized to promulgate such rules 14
as it deems necessary for the implementation of this section. 15
16
6-3-113. Eminent domain power. 17
(a)(1) The Arkansas Educational Television Commission Department of 18
Education is hereby granted the right of eminent domain to condemn real 19
property leased or rented by the commission department if the property is 20
deemed to be necessary or desirable by the commission department for making 21
the benefits of educational television available to the citizens of Arkansas 22
or to otherwise carry out the purposes of this chapter, and if the commission 23
department is unable to agree with the owner of the land, or if, by legal 24
incapacity or absence of the owner, no agreement can be made for the 25
purchase. 26
(2) All suits for condemnation of real property under the 27
provisions of this section shall be brought by the commission department in 28
the name of the State of Arkansas. 29
(3) The real property may be acquired in fee simple or in any 30
lesser estate. 31
(b)(1) The commission department is authorized to make payment for 32
real property acquired under the provisions of this section out of any 33
appropriation made for the commission department. 34
(2) No land shall be taken or contracted to be taken for an 35
amount beyond the sum available therefor. 36 SB184
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(c) The commission department shall exercise the power of eminent 1
domain in the manner provided for in § 27 -67-311 et seq. 2
(d)(1) Actions by the commission department to condemn real property 3
shall be brought in the county in which the land is situated. 4
(2) If the land is located in more than one (1) county, the 5
action may be brought in any county in which the land is situated. 6
7
SECTION 8. Arkansas Code Title 13, Chapter 2, Subchapter 1, is amended 8
to add an additional section to read as follows: 9
13-2-108. Implementation of library funds – Secretary of the 10
Department of Education. 11
The Secretary of the Department of Education or his or his designee 12
shall administer state and federal programs of aid to libraries and undertake 13
other activities and services as will further statewide development of 14
libraries and library systems through interlibrary, interagency, and 15
interstate cooperation in order to secure efficient and effective library 16
service for all Arkansans. 17
18
SECTION 9. Arkansas Code § 13 -2-204 is amended to read as follows: 19
13-2-204. State Librarian. 20
(a) The Arkansas State Library shall be headed by the State Librarian, 21
to be appointed by the State Library Board, in consultation with the 22
Secretary of the Department of Education. The State Librarian shall serve for 23
such time and for such terms as the board secretary may prescribe. 24
(b) The State Librarian shall be a person of good professional 25
standing and reputation, holding at least a master's degree from a graduate 26
school of library science accredited by the American Library Association, and 27
shall have had experience in library administration in academic, public, 28
school, or special libraries. 29
(c) The State Librarian shall have charge of the work of the library 30
and shall perform such other duties as the board secretary may prescribe. 31
32
SECTION 10. Arkansas Code §§ 13 -2-205 and 13-2-206 are repealed. 33
13-2-205. State Library Board. 34
(a) There is created the State Library Board. 35
(b)(1) The board shall consist of seven (7) members, to be appointed 36 SB184
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by the Governor subject to confirmation by the Senate. 1
(2) The members of the board shall be appointed by the Governor 2
for reasons of their interest in libraries and in statewide library 3
development. 4
(3)(A) One (1) member of the board shall be appointed from each 5
of the four (4) congressional districts of this state in existence at the 6
time of appointment, and three (3) members shall be selected from the state 7
at large. 8
(B) However, no more than two (2) members of the board 9
shall be appointed from any one (1) congressional district. 10
(4)(A) All members appointed to the board shall serve terms of 11
seven (7) years and until their successors are appointed and qualified. 12
(B) No board member shall be appointed to serve for more 13
than two (2) consecutive full terms. 14
(c) Vacancies occurring on the board due to death, resignation, or 15
other reason shall be filled by appointment of the Governor for the remainder 16
of the unexpired portion of the term in the same manner as for the initial 17
appointment. 18
(d)(1) Members of the board shall receive per diem at the rate 19
established by law for attending board meetings or for performing other 20
services required of members in their official capacity as members of the 21
board. 22
(2) In addition, members shall be entitled to mileage at the 23
rate provided by law for official travel of state employees for each mile in 24
traveling from their place of residence to meetings of the board and 25
returning or for attending to other authorized business of the board. 26
27
13-2-206. Meetings of board. 28
(a) The State Library Board shall meet at such place or places and 29
shall keep such records as it may deem appropriate. 30
(b) The board shall select annually a chair and any other officers as 31
it deems necessary. 32
(c) The board shall adopt policies and bylaws governing its meetings, 33
the conduct of its business, and the business of the Arkansas State Library. 34
(d) The State Librarian shall serve as secretary of the board, but 35
without a vote thereon, and shall attend all of the board meetings and keep 36 SB184
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records thereof. 1
(e) A majority of the board's members shall constitute a quorum for 2
the transaction of business, and all business transacted by the board shall 3
be by majority vote of its members. 4
5
SECTION 11. Arkansas Code § 13 -2-207(1), concerning the powers and 6
duties of the Arkansas State Library, is amended to read as follows: 7
(1) Acquire books and other library materials by purchase, 8
exchange, gift, grant, or donation and catalog and maintain those books and 9
materials and make them available for reference and research use of the 10
public and the public officials and employees of this state and its political 11
subdivisions under such rules established by the State Library Board 12
Department of Education as may be reasonably necessary to govern the use and 13
preservation thereof; 14
15
SECTION 12. Arkansas Code § 13 -2-207(10), concerning the powers and 16
duties of the Arkansas State Library, is repealed. 17
(10) Be the official state library agency designated to 18
administer state and federal programs of aid to libraries and to undertake 19
such other activities and services as will further statewide development of 20
libraries and library systems through interlibrary, interagency, and 21
interstate cooperation in order to secure efficient and effective library 22
service for all Arkansans; 23
24
SECTION 13. Arkansas Code § 13 -2-208(a), concerning cooperation with 25
other libraries, is amended to read as follows: 26
(a) The Arkansas State Library shall cooperate with the public and 27
private libraries in the State of Arkansas and may enter into necessary 28
agreements with libraries in other states and the Library of Congress for the 29
sharing of library books, documents, facilities, or services under such terms 30
and conditions as the State Library Board Department of Education shall 31
determine to be within the scope and services of the Arkansas State Library 32
and in keeping with the state's library programs. 33
34
SECTION 14. Arkansas Code § 13 -2-209(a), concerning agreements between 35
the Arkansas State Library, the Arkansas State Archives, and the Secretary of 36 SB184
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State, is amended to read as follows: 1
(a) The Arkansas State Library, acting through the State Library Board 2
Department of Education , is authorized to enter into necessary agreements 3
with the Arkansas State Archives, with respect to an overall plan and design 4
to assure that the functions and materials of the library and the Arkansas 5
State Archives may be convenient to the public and public officials of this 6
state and to its political subdivisions, and to assure that unnecessary 7
duplication of services and facilities is minimized. 8
9
SECTION 15. Arkansas Code § 13 -2-509(c), concerning library trustees' 10
annual reports, is amended to read as follows: 11
(c) A copy of this report shall be filed with the State Library Board 12
Department of Education . 13
14
SECTION 16. Arkansas Code § 13 -2-601 is amended to read as follows: 15
13-2-601. Definition. 16
As used in this compact, “state library agency”, with reference to this 17
state, means the State Library Board Department of Education . 18
19
SECTION 17. Arkansas Code § 13 -2-605 is amended to read as follows: 20
13-2-605. Prerequisites for construction or maintenance of libraries. 21
No county, city, town, or combination thereof acting as a regional 22
library district of this state shall be party to a library agreement which 23
provides for the construction or maintenance of a library pursuant to Article 24
III, subdivision (c)7 of the compact, nor pledge its credit in support of 25
such a library, or contribute to the capital financing thereof, except : 26
(1) After after compliance with the Arkansas Constitution and 27
any laws applicable to the county, city, town, or combination thereof 28
relating to or governing capital outlays and the pledging of credit ; and. 29
(2) After submitting the plan to the State Library Board for 30
approval. 31
32
SECTION 18. Arkansas Code § 19 -5-304(3)(A), concerning the Educational 33
Television Fund Account of the Education Fund, is amended to read as follows: 34
(A) The Educational Television Fund Account shall be 35
used for the maintenance, operation, and improvement required by the 36 SB184
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Educational Television Division of the Division of Elementary and Secondary 1
Education in carrying out those powers, functions, and duties of the Arkansas 2
Educational Television Commission Department of Education as set out in § 6-3
3-101 et seq. or other duties imposed by law upon the Arkansas Educational 4
Television Commission. 5
6
SECTION 19. Arkansas Code § 25 -11-203 is amended to read as follows: 7
25-11-203. Exemption. 8
No provision of this subchapter shall apply to any program or service 9
currently operated or administered by the Arkansas School for the Blind or 10
the State Library Board Department of Education , and this subchapter shall 11
not amend or repeal any statutory provision governing the operation of the 12
Arkansas School for the Blind or the Arkansas State Library. 13
14
SECTION 20. Arkansas Code § 25 -16-903(16), concerning stipends for 15
state boards, is repealed. 16
(16) Arkansas Educational Television Commission; 17
18
SECTION 21. Arkansas Code § 25 -16-903(21), concerning stipends for 19
state boards, is repealed. 20
(21) State Library Board; 21
22
SECTION 22. Arkansas Code § 25 -43-502(14), concerning state entities 23
transferred to the Department of Education, is repealed. 24
(14) The State Library Board, created under § 13 -2-205; 25
26
27
28
29
30
31
32
33
34
35
36