Stricken language would be deleted from and underlined language would be added to present law.
Act 402 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 417 3
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By: Senator J. Dotson 5
By: Representative Maddox 6
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For An Act To Be Entitled 8
AN ACT TO AMEND VARIOUS LAWS RELATED TO HIGHER 9
EDUCATION; TO REPEAL THE REQUIREMENT FOR AFFIRMATIVE 10
ACTION PROGRAMS AT INSTITUTIONS OF HIGHER EDUCATION; 11
TO AMEND CERTAIN LAWS RELATED TO REPORTING AND 12
SERVICES BY INSTITUTIONS OF HIGHER EDUCATION; TO 13
AMEND LAWS RELATED TO CERTAIN CONSTRUCTION PROJECTS, 14
PERSONNEL, LAND, AND SERVICES OF INSTITUTIONS OF 15
HIGHER EDUCATION; AND FOR OTHER PURPOSES. 16
17
18
Subtitle 19
TO AMEND VARIOUS LAWS RELATED TO HIGHER 20
EDUCATION. 21
22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code § 6-60-703(b)(1)(H), concerning the inclusion 25
of affirmative action program summaries in the Comprehensive Arkansas Higher 26
Education Annual Report, is repealed. 27
(H) Affirmative action programs summaries, § 6 -63-103; 28
29
SECTION 2. Arkansas Code § 6-60-703(b)(2) and (3), concerning the 30
contents of the Comprehensive Arkansas Higher Education Annual Report 31
biennially and every five (5) years, is amended to read as follows: 32
(2) Biennially, each even -numbered year: 33
(A) A financial condition report, § 6 -61-222; and 34
(B) Changes to affirmative action program plans, § 6 -63-35
103; and 36 SB417
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(C) Economic development goals and educational efforts, § 1
6-61-207; and 2
(3) Every five (5) years, beginning in 2015: 3
(A) Minority retention plans, § 6 -61-122; and 4
(B) Affirmative action program plans, § 6 -63-103(c). 5
6
SECTION 3. Arkansas Code § 6 -61-141 is repealed. 7
6-61-141. Duplication of services. 8
An institution of higher education that has its main campus, satellite 9
campus, or center located within a twenty -five-mile radius of another main 10
campus of an institution of higher education shall enter into a written 11
agreement with that institution of higher education that shall address 12
duplication of services between the institutions of higher education. 13
14
SECTION 4. Arkansas Code § 6 -61-221(d)(2), concerning the inclusion of 15
reporting of graduates requiring postsecondary remediation within the 16
Comprehensive Arkansas Higher Education Annual Report, is amended to read as 17
follows: 18
(2) The reports developed under this section shall be prepared 19
on or before October 1 each year and include the cost of remediation for each 20
state-supported institution of higher education, which shall be submitted to 21
the Division of Higher Education according to standards developed by the 22
Division of Higher Education and shall include for each state -supported 23
institution of higher education: 24
(A) The amount of institutional revenue spent on 25
remediation; 26
(B) The total general revenue subsidy spent on 27
remediation; 28
(C) The total institutional expenditure for remediation; 29
and 30
(D) The general revenue percentage of total expenditures 31
for remediation. 32
33
SECTION 5. Arkansas Code Title 6, Chapter 61, Subchapter 16, is 34
repealed. 35
6-61-1601. Findings. 36 SB417
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The General Assembly finds that: 1
(1) There is a need to create and promote a comprehensive energy 2
summary and report for the state. 3
(2) The collaboration of all state -supported institutions of 4
higher education that participate in energy research activities is vital to 5
ensure an orderly and effective set of data and other research necessary to 6
promote energy conservation and develop alternative energy sources on a 7
statewide level. 8
9
6-61-1602. Institutional Energy Research Committee — Creation — 10
Purpose. 11
(a) The Arkansas Higher Education Coordinating Board shall coordinate 12
the efforts of all state -supported institutions that participate in energy 13
research activities in the development of the Arkansas Energy Summary and 14
Report. 15
(b) The Division of Higher Education, in collaboration with state -16
supported institutions of higher education that participate in energy 17
research activities, shall appoint at least one (1) member of the research 18
faculty at each state -supported institution of higher education that 19
participates in energy research activities to serve on the Institutional 20
Energy Research Committee. 21
(c)(1) The purpose of the committee is to coordinate ongoing energy 22
research efforts taking place at each state -supported institution of higher 23
education and create the Arkansas Energy Summary and Report. 24
(2) The committee shall modify the Arkansas Energy Summary and 25
Report as necessary to ensure it is updated with the latest energy research 26
available. 27
28
6-61-1603. Arkansas Energy Summary and Report. 29
(a) The Institutional Energy Research Committee shall create and adopt 30
the Arkansas Energy Summary and Report that includes without limitation the: 31
(1) Energy production and usage in Arkansas, including: 32
(A) Current sources of energy in Arkansas by percentage 33
and cost; 34
(B) Current energy demand and percentage of use of each 35
energy source, including the production capacity of each energy source; 36 SB417
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(C) Projected energy use for the next: 1
(i) Ten (10) years; and 2
(ii) Twenty (20) years; 3
(D) Current and projected cost per kilowatt of additional 4
energy production capabilities for the following energy sources: 5
(i) Coal; 6
(ii) Hydroelectric; 7
(iii) Natural gas; 8
(iv) Nuclear; 9
(v) Solar; 10
(vi) Wind; 11
(vii) Lignite; and 12
(viii) Other; and 13
(E) Environmental challenges and the impact of each energy 14
source listed in subdivision (a)(1)(D) of this section; 15
(2) Energy production capacity compared to projected energy 16
growth; 17
(3) Economical methods for additional energy sources into the 18
market; and 19
(4) Current and possible tax incentives or governmental policies 20
to promote an increase in energy production capacity for state energy 21
consumption or export to other states. 22
(b) The committee shall submit the Arkansas Energy Summary and Report 23
and relevant data, research, and findings to the Joint Committee on Energy no 24
later than July 1, 2014. 25
26
SECTION 6. 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 SB417
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(4) National Park College Arkansas Tech University ; and 1
(5) Northwest Arkansas Community College State-supported two-2
year colleges; and 3
(6) Arkansas Tech University . 4
5
SECTION 7. 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 8. 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 SB417
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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 9. 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 SB417
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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 10. 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 11. 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 12. Arkansas Code § 21 -4-203(12), concerning the definition of 30
"state agencies" under the Uniform Attendance and Leave Policy Act, is 31
amended to read as follows: 32
(12) “State agencies” means all agencies, departments, boards, 33
commissions, bureaus, councils, state-supported institutions of higher 34
education, or other agencies except the following excluded agencies or 35
positions within agencies: 36 SB417
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(A) The elected constitutional officers of this state and 1
their employees; 2
(B) The General Assembly and its employees, including 3
employees of the Bureau of Legislative Research and Arkansas Legislative 4
Audit; 5
(C) Members of the Supreme Court, members of the Court of 6
Appeals, the Administrative Office of the Courts, circuit courts, and 7
prosecuting attorneys, but not including deputy prosecuting attorneys; 8
(D) The Arkansas Department of Transportation; and 9
(E) All administrative, academic, or other nonclassified 10
employees of the state-supported State-supported institutions of higher 11
education; 12
13
SECTION 13. Arkansas Code § 21 -4-503 is amended to read as follows: 14
21-4-503. Applicability of subchapter. 15
(a) The provisions of §§ 21 -4-501 and 21-4-504 apply to: 16
(1) Employees of the Arkansas State Game and Fish Commission; 17
(2) Employees of the Arkansas Department of Transportation; and 18
(3) Classified employees of state -supported institutions of 19
higher education; and 20
(4) Employees of all agencies of this state whether in the 21
executive, legislative, or judicial branch of government. 22
(b) The provisions of this section or any amendments to this section 23
shall not change any employee benefits or agreements established under § 6 -24
57-103, § 6-58-105, or § 6-59-105. 25
26
SECTION 14. Arkansas Code § 21 -4-505 is amended to read as follows: 27
21-4-505. Compensation for unused sick leave of nonclassified employees 28
of state-supported institutions of higher education — Calculation for unused 29
sick leave. 30
(a) At its discretion, a state -supported institution of higher 31
education may compensate a nonclassified an employee of the state -supported 32
institution of higher education for accumulated unused sick leave by 33
providing to the nonclassified employee the same compensation for accumulated 34
unused sick leave provided to a classified employee of the state -supported 35
institution of higher education under § 21-4-501. 36 SB417
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(b) Compensation for accumulated unused sick leave under this section 1
shall not be used by the Arkansas Public Employees' Retirement System in the 2
calculation of final average compensation under § 24 -4-101. 3
(c) Unused sick leave for nonclassified employees of state-supported 4
institutions of higher education shall accrue at the same rate as unused sick 5
leave accrues under § 21-4-207 for classified employees for calculations made 6
under this section. 7
8
SECTION 15. Arkansas Code § 22 -2-114(c), concerning exemption from 9
regulation and supervision of leasing responsibilities by the Building 10
Authority Division, is amended to read as follows: 11
(c) This section shall not apply to an institution of higher 12
education, the State Highway Commission, the Arkansas Department of 13
Transportation, or the Arkansas State Game and Fish Commission. 14
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APPROVED: 3/25/25 17
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