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 358 3
4
By: Senator J. Dotson 5
By: Representative Maddox 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND VARIOUS LAWS RELATED TO HIGHER 9
EDUCATION; TO CODIFY THE ARKANSAS RESEARCH EDUCATION 10
AND OPTICAL NETWORK; TO REPEAL THE REQUIREMENT FOR 11
AFFIRMATIVE ACTION PROGRAMS AT INSTITUTIONS OF HIGHER 12
EDUCATION; TO REPEAL CERTAIN REPORTING REQUIREMENTS 13
RELATED TO AFFIRMATIVE ACTION; TO REPEAL THE LAW 14
RELATED TO DUPLICATION OF SERVICES; TO AMEND CERTAIN 15
LAWS RELATED TO REPORTING; TO REPEAL THE ARKANSAS 16
ENERGY SUMMARY AND REPORT; TO AMEND THE LAW 17
CONCERNING CONSTRUCTION PROJECT EXEMPTIONS; TO AMEND 18
THE LAW RELATED TO CERTAIN PERSONNEL AT THE 19
UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES; TO AMEND 20
THE LAW RELATED TO THE SALE OF DONATED LAND; TO AMEND 21
VARIOUS LAW UNDER THE UNIFORM ATTENDANCE AND LEAVE 22
POLICY ACT RELATED TO INSTITUTIONS OF HIGHER 23
EDUCATION; AND FOR OTHER PURPOSES. 24
25
26
Subtitle 27
TO AMEND VARIOUS LAWS RELATED TO HIGHER 28
EDUCATION. 29
30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 31
32
SECTION 1. Arkansas Code § 6 -60-703(b)(1)(H), concerning the inclusion 33
of affirmative action program summaries in the Comprehensive Arkansas Higher 34
Education Annual Report, is repealed. 35
(H) Affirmative action programs summaries, § 6 -63-103; 36 SB358
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1
SECTION 2. Arkansas Code § 6 -60-703(b)(2) and (3), concerning the 2
contents of the Comprehensive Arkansas Higher Education Annual Report 3
biennially and every five (5) years, is amended to read as follows: 4
(2) Biennially, each even -numbered year: 5
(A) A financial condition report, § 6 -61-222; and 6
(B) Changes to affirmative action program plans, § 6 -63-7
103; and 8
(C) Economic development goals and educational efforts, § 9
6-61-207; and 10
(3) Every five (5) years, beginning in 2015: , 11
(A) Minority retention plans, § 6 -61-122; and 12
(B) Affirmative action program plans, § 6 -63-103(c). 13
14
SECTION 3. Arkansas Code § 6 -61-141 is repealed. 15
6-61-141. Duplication of services. 16
An institution of higher education that has its main campus, satellite 17
campus, or center located within a twenty -five-mile radius of another main 18
campus of an institution of higher education shall enter into a written 19
agreement with that institution of higher education that shall address 20
duplication of services between the institutions of higher education. 21
22
SECTION 4. Arkansas Code § 6 -61-221(d)(2), concerning the inclusion of 23
reporting of graduates requiring postsecondary remediation within the 24
Comprehensive Arkansas Higher Education Annual Report, is amended to read as 25
follows: 26
(2) The reports developed under this section shall be prepared 27
on or before October 1 each year and include the cost of remediation for each 28
state-supported institution of higher education, which shall be submitted to 29
the Division of Higher Education according to standards developed by the 30
Division of Higher Education and shall include for each state -supported 31
institution of higher education: 32
(A) The amount of institutional revenue spent on 33
remediation; 34
(B) The total general revenue subsidy spent on 35
remediation; 36 SB358
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(C) The total institutional expenditure for remediation; 1
and 2
(D) The general revenue percentage of total expenditures 3
for remediation. 4
5
SECTION 5. Arkansas Code Title 6, Chapter 61, Subchapter 16, is 6
repealed. 7
6-61-1601. Findings. 8
The General Assembly finds that: 9
(1) There is a need to create and promote a comprehensive energy 10
summary and report for the state. 11
(2) The collaboration of all state -supported institutions of 12
higher education that participate in energy research activities is vital to 13
ensure an orderly and effective set of data and other research necessary to 14
promote energy conservation and develop alternative energy sources on a 15
statewide level. 16
17
6-61-1602. Institutional Energy Research Committee — Creation — 18
Purpose. 19
(a) The Arkansas Higher Education Coordinating Board shall coordinate 20
the efforts of all state -supported institutions that participate in energy 21
research activities in the development of the Arkansas Energy Summary and 22
Report. 23
(b) The Division of Higher Education, in collaboration with state -24
supported institutions of higher education that participate in energy 25
research activities, shall appoint at least one (1) member of the research 26
faculty at each state -supported institution of higher education that 27
participates in energy research activities to serve on the Institutional 28
Energy Research Committee. 29
(c)(1) The purpose of the committee is to coordinate ongoing energy 30
research efforts taking place at each state -supported institution of higher 31
education and create the Arkansas Energy Summary and Report. 32
(2) The committee shall modify the Arkansas Energy Summary and 33
Report as necessary to ensure it is updated with the latest energy research 34
available. 35
36 SB358
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6-61-1603. Arkansas Energy Summary and Report. 1
(a) The Institutional Energy Research Committee shall create and adopt 2
the Arkansas Energy Summary and Report that includes without limitation the: 3
(1) Energy production and usage in Arkansas, including: 4
(A) Current sources of energy in Arkansas by percentage 5
and cost; 6
(B) Current energy demand and percentage of use of each 7
energy source, including the production capacity of each energy source; 8
(C) Projected energy use for the next: 9
(i) Ten (10) years; and 10
(ii) Twenty (20) years; 11
(D) Current and projected cost per kilowatt of additional 12
energy production capabilities for the following energy sources: 13
(i) Coal; 14
(ii) Hydroelectric; 15
(iii) Natural gas; 16
(iv) Nuclear; 17
(v) Solar; 18
(vi) Wind; 19
(vii) Lignite; and 20
(viii) Other; and 21
(E) Environmental challenges and the impact of each energy 22
source listed in subdivision (a)(1)(D) of this section; 23
(2) Energy production capacity compared to projected energy 24
growth; 25
(3) Economical methods for additional energy sources into the 26
market; and 27
(4) Current and possible tax incentives or governmental policies 28
to promote an increase in energy production capacity for state energy 29
consumption or export to other states. 30
(b) The committee shall submit the Arkansas Energy Summary and Report 31
and relevant data, research, and findings to the Joint Committee on Energy no 32
later than July 1, 2014. 33
34
SECTION 6. Arkansas Code Title 6, Chapter 61, is amended to add an 35
additional subchapter to read as follows: 36 SB358
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Subchapter 18 — Arkansas Research Education and Optical Network 1
2
6-61-1801. Legislative findings and intent. 3
(a) The General Assembly finds that: 4
(1) The purpose of the Arkansas Research Education and Optical 5
Network is to provide a high -speed, fiber-based optical communications 6
network to higher education and healthcare institutions in Arkansas; 7
(2) The Arkansas Research Education and Optical Network began as 8
a collaboration between Arkansas public colleges and universities in 2005 9
with an initial investment from state funds; 10
(3) State positions and funds have been appropriated for the 11
Arkansas Research Education and Optical Network through the University of 12
Arkansas system since 2007; and 13
(4) Since 2007, the University of Arkansas system has provided 14
administrative support to the Arkansas Research Education and Optical 15
Network. 16
(b) It is the intent of the General Assembly to formally codify the 17
Arkansas Research Education and Optical Network as a state entity. 18
19
6-61-1802. Purpose — Users. 20
(a) The Arkansas Research Education and Optical Network is a public 21
instrumentality that provides a high -speed, fiber-based optical 22
communications network and other technology resources to participating higher 23
education and healthcare institutions in the state. 24
(b) Users of the Arkansas Research Education and Optical Network 25
services shall be billed at rates to be determined by the Board of Directors 26
of the Arkansas Research Education and Optical Network. 27
28
6-61-1803. Board of directors — Creation. 29
(a) There is created the Board of Directors of the Arkansas Research 30
Education and Optical Network. 31
(b) The Arkansas Research Education and Optical Network shall be 32
governed by a board of directors consisting of seven (7) voting members or 33
designees, as follows: 34
(1) The President of the University of Arkansas system; 35
(2) The President of the Arkansas State University system; 36 SB358
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(3) One (1) at-large member selected by a majority vote of the 1
current user institutions, who shall serve a two -year term; 2
(4) Two (2) presidents or chancellors of a four -year state-3
supported member institution of higher education to be selected by a majority 4
vote of the current user institutions, who shall serve staggered two -year 5
terms; and 6
(5) Two (2) presidents or chancellors of a two -year state-7
supported member institution of higher education to be selected by a majority 8
vote of the current user institutions, who shall serve staggered two -year 9
terms. 10
(c)(1) The President of the University of Arkansas system or his or 11
her designee shall serve as the chair of the board. 12
(2) The board shall elect as vice -chair a board member who 13
represents an institution outside of the University of Arkansas system, who 14
shall serve a one-year term. 15
(d)(1) Four (4) members of the board shall constitute a quorum. 16
(2) An affirmative vote of four (4) members shall be necessary 17
for any action taken by the board. 18
19
6-61-1804. Director — Personnel. 20
(a)(1) The executive head of the Arkansas Research Education and 21
Optical Network shall be the Executive Director of the Arkansas Research 22
Education and Optical Network who shall be appointed by and serve at the 23
pleasure of the Board of Directors of the Arkansas Research Education and 24
Optical Network. 25
(2) The executive director shall carry out the day -to-day 26
affairs of the Arkansas Research Education and Optical Network subject to the 27
approval of the board. 28
(b) All personnel of the Arkansas Research Education and Optical 29
Network shall be employees of the University of Arkansas system for purposes 30
of payroll and benefits. 31
(c) All expenditures of the Arkansas Research Education and Optical 32
Network shall: 33
(1) Comply with state procurement laws; and 34
(2) Follow University of Arkansas system policies and procedures 35
relating to procurement. 36 SB358
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(d) This subchapter does not mean that the: 1
(1) Arkansas Research Education and Optical Network is a campus, 2
division, or unit of an institution of higher education or any other entity, 3
including without limitation the University of Arkansas system; or 4
(2) University of Arkansas system or its member campuses, 5
divisions, and units are agents or principals of the Arkansas Research 6
Education and Optical Network. 7
8
6-61-1805. Powers and duties. 9
(a) The Arkansas Research Education and Optical Network shall have the 10
following duties: 11
(1) To develop, implement, and maintain a high -speed, fiber-12
based optical communications network and associated campus connections for 13
use by higher education and healthcare institutions in the state; 14
(2) To lease and own real property necessary to fulfill its 15
purpose; and 16
(3) To explore and implement additional cost -effective 17
technology services and network solutions that would be beneficial to its 18
users. 19
(b) The University of Arkansas system and its various institutions 20
shall provide assistance to the Arkansas Research Education and Optical 21
Network as may be agreed upon for the achievement of its purpose. 22
(c) The Board of Trustees of the University of Arkansas may own and 23
lease real property on behalf of the Arkansas Research Education and Optical 24
Network. 25
26
SECTION 7. Arkansas Code § 6 -62-314 is amended to read as follows: 27
6-62-314. Construction project exemption. 28
The following state-supported institutions of higher education shall be 29
exempt as allowed by § 19 -4-1415(b)(5) for construction projects exceeding 30
five million dollars ($5,000,000) if they have adopted policies and 31
procedures in compliance with state law involving the awarding and oversight 32
of the contracts for design and construction services: 33
(1) Henderson State University; 34
(2) Southern Arkansas University; 35
(3) University of Central Arkansas; 36 SB358
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(4) National Park College; 1
(5) Northwest Arkansas Community College State-supported two-2
year colleges; and 3
(6)(5) Arkansas Tech University. 4
5
SECTION 8. Arkansas Code § 6 -62-606(b), concerning the review by the 6
Building Authority Division of transfer and lease agreements, is amended to 7
read as follows: 8
(b) In proceeding under this subchapter, it shall not be necessary for 9
the board to comply with any other laws relating to the procurement, 10
disposal, or leasing of property, including without limitation laws 11
concerning the appointment of appraisers in connection therewith, laws 12
restricting the obligation of funds for construction, and laws dealing with 13
the improvement of historic structures , except that the transfer and the 14
lease agreement shall be subject to the review and approval of the Building 15
Authority Division. 16
17
SECTION 9. Arkansas Code § 6 -63-103 is repealed. 18
6-63-103. Affirmative action programs — Plans — Annual reports. 19
(a)(1) Each state-supported institution of higher education shall 20
prepare an affirmative action program for the recruitment of African -21
Americans and other members of minorities for faculty and staff positions and 22
for enrollment as students. 23
(2) Affirmative action plans shall be prepared on a continuing 24
basis for future five -year periods. 25
(b)(1) Each state-supported institution of higher education shall 26
prepare annually a summary report on the steps that have been taken to reach 27
the goals of the plan. 28
(2) The report shall: 29
(A) Include information on the progress made by each 30
institution for the various levels of employment within the institution; and 31
(B) Be presented in a table format limited to no more than 32
five (5) pages. 33
(c) Copies of the five -year plan and annual reports summaries of each 34
institution of higher education shall be included in the Comprehensive 35
Arkansas Higher Education Annual Report, filed with the Governor, the 36 SB358
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Division of Higher Education, the president and board of trustees of the 1
institution, the board of visitors of the institution, if applicable, and the 2
House Committee on Education and the Senate Committee on Education. 3
(d) In carrying out the affirmative action plans, each institution of 4
higher education shall provide for a part -time or full-time employee to 5
assist the institution in the recruitment of African -Americans and other 6
members of minorities for faculty and staff positions and for enrollment as 7
students. 8
9
SECTION 10. Arkansas Code § 6 -63-321 is amended to read as follows: 10
6-63-321. Overtime, incentives, and differentials for direct and 11
indirect unclassified patient care personnel at University of Arkansas for 12
Medical Sciences. 13
(a) All unclassified positions employed to provide or support patient 14
care at the University of Arkansas for Medical Sciences are eligible for 15
overtime at the rate of one and one -half (1½) times their regular hourly 16
rate. 17
(b) In addition to overtime, unclassified direct and indirect patient 18
care employees scheduled to work shifts outside of normal operating schedules 19
may be eligible to receive up to twenty -four percent (24%) of the hourly rate 20
paid as a shift differential. 21
(c)(1) All unclassified positions employed to provide or support 22
patient care at the University of Arkansas for Medical Sciences shall be 23
eligible to receive incentive pay not to exceed one and two -tenths (1.2) 24
times their base hourly rate. 25
(2) All unclassified employees required to work in specialty 26
areas shall be eligible to receive up to ten percent (10%) of the hourly rate 27
paid as a specialty differential while working in such areas. 28
(d)(1) When overtime, shift differentials, standby pay, incentive pay, 29
or specialty differentials are provided to employees as stated in this 30
section, the total may exceed the line item maximum salaries for those 31
positions. 32
(2) This section does not apply to the positions of Patient Care 33
Administrator, Associate Administrator, or Assistant Administrator of Patient 34
Care. 35
(e)(1) In addition, the Board of Trustees of the University of 36 SB358
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Arkansas for Medical Sciences may also make special compensation allowances 1
available, in such amounts as the board may determine or justify equitable in 2
view of the current requirements for registered nurses in the Clinical 3
Programs of the University of Arkansas for Medical Sciences and the 4
availability of registered nurses for employment in the Little Rock 5
metropolitan area. 6
(2) However, the special compensation allowances approved by the 7
board for a single individual shall not exceed the state line item maximum by 8
more than twenty percent (20%) for those positions. 9
10
SECTION 11. Arkansas Code § 6 -64-218 is amended to read as follows: 11
6-64-218. Sale of donated land. 12
(a) The Board of Trustees of the University of Arkansas may sell any 13
land donated to the University of Arkansas by individuals. 14
(b) When the purchase price is paid to the treasurer of the 15
university, the president and secretary of the board or designee shall 16
execute a deed conveying the lands to the purchaser. 17
18
SECTION 12. Arkansas Code § 19 -4-1415(c)(2), concerning the 19
requirement for institutions of higher education to submit a summary of 20
contract amendments to the Legislative Council, is amended to read as 21
follows: 22
(2)(A) The institutions of higher education stated in 23
subdivision (b)(5) of this section shall perform all duties and 24
responsibilities stated in subdivision (c)(1) of this section under policies 25
and procedures adopted by their governing boards. 26
(B) They shall submit a summary of all contract amendments 27
to the Legislative Council. 28
29
SECTION 13. Arkansas Code § 21 -3-101(b), concerning reports under the 30
equal employment hiring program, is amended to read as follows: 31
(b)(1) Every state department, agency, board, commission, and 32
institution of higher education and every constitutional officer shall report 33
to the Legislative Council on June 30 of each year regarding its efforts to 34
achieve its equal employment hiring program goal. 35
(2) However, the report required of any institution by § 6 -63-36 SB358
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103 may be used in lieu of the report required under this subsection and 1
shall be filed as provided in this subsection. 2
3
SECTION 14. Arkansas Code § 21 -4-203(12), concerning the definition of 4
"state agencies" under the Uniform Attendance and Leave Policy Act, is 5
amended to read as follows: 6
(12) “State agencies” means all agencies, departments, boards, 7
commissions, bureaus, councils, state-supported institutions of higher 8
education, or other agencies except the following excluded agencies or 9
positions within agencies: 10
(A) The elected constitutional officers of this state and 11
their employees; 12
(B) The General Assembly and its employees, including 13
employees of the Bureau of Legislative Research and Arkansas Legislative 14
Audit; 15
(C) Members of the Supreme Court, members of the Court of 16
Appeals, the Administrative Office of the Courts, circuit courts, and 17
prosecuting attorneys, but not including deputy prosecuting attorneys; 18
(D) The Arkansas Department of Transportation; and 19
(E) All administrative, academic, or other nonclassified 20
employees of the state State-supported institutions of higher education; 21
22
SECTION 15. Arkansas Code § 21 -4-503 is amended to read as follows: 23
21-4-503. Applicability of subchapter. 24
(a) The provisions of §§ 21 -4-501 and 21-4-504 apply to: 25
(1) Employees of the Arkansas State Game and Fish Commission; 26
(2) Employees of the Arkansas Department of Transportation; and 27
(3) Classified employees of state -supported institutions of 28
higher education; and 29
(4) Employees of all agencies of this state whether in the 30
executive, legislative, or judicial branch of government. 31
(b) The provisions of this section or any amendments to this section 32
shall not change any employee benefits or agreements established under § 6 -33
57-103, § 6-58-105, or § 6-59-105. 34
35
SECTION 16. Arkansas Code § 21 -4-505 is amended to read as follows: 36 SB358
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21-4-505. Compensation for unused sick leave of nonclassified employees 1
of state-supported institutions of higher education — Calculation for unused 2
sick leave. 3
(a) At its discretion, a state -supported institution of higher 4
education may compensate a nonclassified an employee of the state -supported 5
institution of higher education for accumulated unused sick leave by 6
providing to the nonclassified employee the same compensation for accumulated 7
unused sick leave provided to a classified employee of the state -supported 8
institution of higher education under § 21-4-501. 9
(b) Compensation for accumulated unused sick leave under this section 10
shall not be used by the Arkansas Public Employees' Retirement System in the 11
calculation of final average compensation under § 24 -4-101. 12
(c) Unused sick leave for nonclassified employees of state-supported 13
institutions of higher education shall accrue at the same rate as unused sick 14
leave accrues under § 21-4-207 for classified employees for calculations made 15
under this section. 16
17
SECTION 17. Arkansas Code § 22 -2-114(c), concerning exemption from 18
regulation and supervision of leasing responsibilities by the Building 19
Authority Division, is amended to read as follows: 20
(c) This section shall not apply to an institution of higher 21
education, the State Highway Commission, the Arkansas Department of 22
Transportation, or the Arkansas State Game and Fish Commission. 23
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