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Arkansas General Assembly· HB 1365Notification that HB1365 is now Act 938

An act TO REMOVE RACIAL AND GENDER QUOTAS AND 10 QUALIFICATIONS OF MEMBERSHIP FOR CERTAIN BOARDS, 11 COMMITTEES, COUNCILS, AND COMMISSIONS, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas             As Engrossed: H4/1/25
2 95th General Assembly
                                     A Bill

3 Regular Session, 2025                                            HOUSE BILL 1365

4

5 By: Representative K. Brown

6

7

8                              For An Act To Be Entitled

9          AN ACT TO REMOVE RACIAL AND GENDER QUOTAS AND

10         QUALIFICATIONS OF MEMBERSHIP FOR CERTAIN BOARDS,

11         COMMITTEES, COUNCILS, AND COMMISSIONS; AND FOR OTHER

12         PURPOSES.

13

14

15                                     Subtitle

16                       TO REMOVE RACIAL AND GENDER QUOTAS AND

17                       QUALIFICATIONS OF MEMBERSHIP FOR CERTAIN

18                       BOARDS, COMMITTEES, COUNCILS, AND

19                       COMMISSIONS.

20

21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

22

23         SECTION 1. Arkansas Code � 6-1-703(b)(2)(B)(vii), concerning the

24 creation and membership of the Arkansas Financial Education Commission, is

25 amended to read as follows:

26                             (vii) Three (3) members who have various financial

27 backgrounds, one (1) member of the three (3) to be a female, one (1) member

28 of the three (3) to be a racial minority, appointed by the Treasurer of

29 State.

30

31         SECTION 2. Arkansas Code � 6-11-101(c), concerning the membership of

32 the State Board of Education, is repealed.

33         (c) The membership of the state board shall reflect the diversity in

34 general education.

35

36         SECTION 3. Arkansas Code � 6-15-1601(b), concerning the establishment

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    As Engrossed: H4/1/25                                                 HB1365

1 and membership of the Commission on Closing the Achievement Gap in Arkansas,

2 is amended to read as follows:

3   (b) The commission shall consist of eleven (11) members representing

4 the racial and ethnic diversity of Arkansas as follows:

5              (1)(A) Five (5) persons appointed by the Governor.

6                     (B)(i) One (1) of the Governor's appointees shall be a

7 representative of business and industry in Arkansas, a representative of

8 health and human services, or a public school teacher.

9                            (ii)(a) Four (4) of the Governor's appointees

10 shall be minority or low-income parents concerned about the achievement gap

11 with one (1) representative from each of the four (4) congressional

12 districts.

13                           (b) A minimum of two (2) of the individuals

14 appointed under subdivision (b)(1)(B)(ii)(a) of this section shall be

15 African-American.

16                           (c) A minimum of one (1) of the individuals

17 appointed under subdivision (b)(1)(B)(ii)(a) of this section shall be

18 Hispanic;

19             (2)(A) Three (3) persons appointed by the President Pro Tempore

20 of the Senate.

21                    (B)(i) One (1) of the President Pro Tempore of the

22 Senate's appointees shall be a member of the school of education faculty of

23 an historically black a college in the state with an accredited school of

24 education.

25                         (ii) One (1) of the President Pro Tempore of the

26 Senate's appointees shall be a minority person who has demonstrated a

27 commitment to education.

28                         (iii) One (1) of the President Pro Tempore of the

29 Senate's appointees shall be a public school teacher with a special expertise

30 in closing the achievement gap; and

31             (3)(A) Three (3) persons appointed by the Speaker of the House

32 of Representatives.

33                    (B)(i) One (1) of the appointees of the Speaker of the

34 House of Representatives shall be a person who has experience working with

35 children from low income low-income families.

36                         (ii) One (1) of the appointees of the Speaker of the

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    As Engrossed: H4/1/25                                                  HB1365

1 House of Representatives shall be a minority person who has demonstrated a

2 commitment to education.

3                           (iii) One (1) of the appointees of the Speaker of

4 the House of Representatives shall be a public school administrator with a

5 special expertise in closing the achievement gap.

6

7   SECTION 4. Arkansas Code � 6-15-1603(b)(3), concerning the local task

8 forces on closing the achievement gap, is amended to read as follows:

9   (3) Task force members shall be representative of community

10 demographics, race, ethnic, gender, and socioeconomic diversity. It is

11 strongly recommended that they include:

12                   (A)(i) Three (3) parents, as selected by the local school

13 district's parent organization.

14                          (ii) One (1) parent who has a child at an elementary

15 school, one (1) who has a child at a junior high or middle school, and one

16 (1) who has a child at a high school;

17                   (B) School administrators, teachers, instructional support

18 personnel, exceptional children personnel, and second language specialists,

19 each of whom shall be selected by the superintendent;

20                   (C) One (1) member of the local board of education, as

21 selected by that board;

22                   (D) One (1) representative of the local department of

23 social services;

24                   (E) At least one (1) juvenile court counselor;

25                   (F) At least one (1) representative of local law

26 enforcement;

27                   (G) One (1) representative of the local Communities in

28 Schools Program, if present in the local school district, as selected by the

29 executive director of that program;

30                   (H) At least one (1) representative of local businesses,

31 as selected by the local chamber of commerce;

32                   (I) Representatives from community-based organizations, as

33 selected by the superintendent upon recommendation from those organizations;

34                   (J) At least one (1) representative of a university school

35 of education, if there is one in the area, as selected by the chair of the

36 local board of education;

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    As Engrossed: H4/1/25                                                  HB1365

1                     (K) Two (2) high school students, as recommended by their

2 student councils and elected by the chair of the local board of education;

3 and

4                     (L) Any other community representatives, as selected by

5 the superintendent.

6

7          SECTION 5. Arkansas Code � 6-15-2502(d)(4)(C), concerning the local

8 advisory group related to education renewal zones, is repealed.

9                     (C) The membership and staff of local advisory groups

10 shall be reflective of the diversity of the population of the state.

11

12         SECTION 6. Arkansas Code � 6-61-529(b)(1), concerning the membership

13 of local community college boards, is amended to read as follows:

14         (b)(1)(A) If the local community college board chooses to become an

15 appointed board, positions on the board shall become vacant as current terms

16 expire, and persons who are residents and qualified electors of the community

17 college district shall be appointed by the Governor for terms of six (6)

18 years.

19                    (B) To the extent possible, the Governor shall assure

20 equitable representation on the board with regard to race and geographic

21 distribution from throughout the district.

22

23         SECTION 7. Arkansas Code � 17-19-106(b)(3)(B), concerning the creation

24 and membership of the Professional Bail Bond Company and Professional Bail

25 Bondsman Licensing Board, is amended to read as follows:

26                    (B)(i) Each congressional district shall be represented by

27 at least one (1) member of the board.

28                         (ii) At least one (1) board member shall be an

29 African-American.

30                         (iii) At least one (1) board member shall be a

31 female.

32

33         SECTION 8. Arkansas Code � 17-22-201(b)(8), concerning the creation

34 and membership of the State Athletic Commission, is amended to read as

35 follows:

36           (8)(A) Furthermore, one (1) of the seven (7) members of the

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    As Engrossed: H4/1/25                                                   HB1365

1 commission shall be a member of a minority race.

2                    (B) One (1) of the seven (7) members shall be a senior

3 citizen.

4                    (C)(B) Four (4) of the seven (7) members shall have

5 experience with combative sports.

6

7   SECTION 9. Arkansas Code � 17-27-201(b), concerning the membership of

8 the Arkansas Board of Examiners in Counseling, is amended to read as follows:

9   (b) Appointments shall be made so as to ensure that the Arkansas Board

10 of Examiners in Counseling consists of citizens of the United States, and

11 residents of Arkansas, at least one (1) member of each sex, and at least one

12 (1) member of an ethnic minority.

13

14  SECTION 10. Arkansas Code �� 17-80-301 and 17-80-302 are repealed.

15  17-80-301. Purposes.

16  The purposes of this subchapter are to:

17              (1) Provide appointment recommendations for Arkansas state

18 boards and commissions that license or otherwise regulate health-related

19 professions to ensure board and commission compositions that reflect the

20 diversity of the State of Arkansas; and

21              (2) Ensure that cultural competency, health disparities, and

22 other minority health issues are adequately represented in the health policy

23 decisions determined by state health-related agencies, boards, and

24 commissions for the State of Arkansas.

25

26  17-80-302. Minority members of state health-related agencies, boards,

27 and commissions.

28  (a) The appointing authorities for state health-related agencies,

29 boards, and commissions shall consider appointment recommendations submitted

30 by minority health-related professional associations.

31  (b) The recommending organizations under this section include without

32 limitation:

33              (1) The Arkansas Medical, Dental, and Pharmaceutical

34 Association;

35              (2) The Arkansas Association of Black Social Workers, Inc.;

36              (3) The Arkansas Black Nurses Association;

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    As Engrossed: H4/1/25                                                   HB1365

1           (4) The National Association of Hispanic Nurses, Arkansas

2 Chapter;

3           (5) The National Pharmacists Association of Arkansas; and

4           (6) The Arkansas State Board of Nursing.

5   (c) Recommendations for appointments under this section shall:

6           (1) Be submitted to the appointing authorities at least thirty

7 (30) days before the expiration of a position in a state health-related

8 agency, board, or commission relevant to the field or practice of the

9 recommending body;

10          (2) Be submitted to the appointing authorities anytime before

11 the appointing authority fills a position that has opened due to resignation

12 or removal before the end of the originally appointed term;

13          (3) Be submitted by an officially designated officer or

14 committee on behalf of the recommending organization; and

15          (4) Include correspondence on official organizational letterhead

16 and the resume or curriculum vitae of a recommended candidate.

17  (d) If a recommendation for appointment under subsection (b) of this

18 section is not received within the time allotted for the appointment, the

19 appointing authority may make the appointment without a recommendation.

20  (e) The health-related agencies, boards, and commissions for which

21 recommendations may be considered under this section include the:

22          (1) Arkansas Board of Podiatric Medicine;

23          (2) Arkansas Psychology Board;

24          (3) Arkansas Social Work Licensing Board;

25          (4) Arkansas State Board of Dental Examiners;

26          (5) Arkansas State Medical Board;

27          (6) Arkansas State Board of Pharmacy;

28          (7) Board of Examiners in Speech-Language Pathology and

29 Audiology; and

30          (8) State Board of Optometry.

31  (f) This section does not change or affect any existing delineations

32 for minority appointments.

33

34  SECTION 11. Arkansas Code � 17-88-202(b)(1), concerning the creation

35 and membership of the Arkansas State Occupational Therapy Examining

36 Committee, is amended to read as follows:

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    As Engrossed: H4/1/25                                                  HB1365

1       (b)(1) The committee shall consist of five (5) members appointed by

2 the Governor subject to confirmation by the Senate for terms of five (5)

3 years, each of whom is a citizen of the United States and a resident of the

4 State of Arkansas. One (1) member shall be a member of a minority race.

5

6       SECTION 12. Arkansas Code � 17-92-201(a), concerning the membership

7 and qualifications of the Arkansas State Board of Pharmacy, is amended to

8 read as follows:

9       (a) The Arkansas State Board of Pharmacy shall consist of eight (8)

10 members, appointed by the Governor for terms of six (6) years:

11          (1) Five (5) Six (6) members shall be experienced pharmacists

12 who have been actively engaged in the practice of pharmacy for the last five

13 (5) years immediately preceding their appointments, to be appointed by the

14 Governor after consulting the Arkansas Pharmacist's Association and subject

15 to confirmation by the Senate;

16          (2) One (1) member shall be a minority who is a licensed

17 practicing pharmacist in this state, to be appointed by the Governor after

18 consulting the Pharmaceutical Section of the Arkansas Medical, Dental, and

19 Pharmaceutical Association, Inc., and subject to confirmation by the Senate;

20 and

21          (3)(A)(2)(A) Two (2) members of the board shall not be actively

22 engaged in or retired from the practice of pharmacy. One (1) member shall

23 represent consumers, and one (1) member shall be sixty (60) years of age or

24 older and shall represent the elderly. Both shall be appointed from the state

25 at large, subject to confirmation by the Senate. Both shall be full voting

26 members but shall not participate in the grading of examinations.

27                  (B) The two (2) positions shall not be held by the same

28 person.

29

30

31      SECTION 13. Arkansas Code � 20-14-508(b)(1), concerning the membership

32 of the State Interagency Council, is amended to read as follows:

33          (1) At least twenty percent (20%) of the membership shall

34 include parents, including minorities, of infants and toddlers with

35 disabilities, or a child with a disability who is twelve (12) years of age or

36 younger, with knowledge of or experience with programs for infants and

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    As Engrossed: H4/1/25                                                   HB1365

1 toddlers with disabilities, and at least one (1) of the members shall be a

2 parent of a child who is six (6) years of age or under;

3

4   SECTION 14. Arkansas Code � 20-47-505(a)(2)(B), concerning the

5 creation and membership of the Child and Adolescent Service System Program

6 Coordinating Council, is repealed.

7               (B) A member of an ethnic minority;

8

9   SECTION 15. Arkansas Code � 20-48-203(a)(1), concerning the creation

10 and membership of the Board of Developmental Disabilities Services, is

11 amended to read as follows:

12  (a)(1) The Board of Developmental Disabilities Services shall consist

13 of seven (7) members, at least one (1) of whom shall be a woman, who shall be

14 citizens and residents of the State of Arkansas and more than twenty-five

15 (25) years of age.

16

17  SECTION 16. Arkansas Code � 20-78-703(b)(7), concerning the membership

18 of the Rita Rowell Hale Prenatal and Early Childhood Nurse Home Visitation

19 Program Advisory Council, is amended to read as follows:

20              (7) Two (2) members from the public at large, at least one (1)

21 of whom shall be active in child advocacy within the state and one (1) of

22 whom shall be African-American.

23

24  SECTION 17. Arkansas Code � 22-3-303(b)(3), concerning the creation

25 and membership of the Capitol Zoning District Commission, is amended to read

26 as follows:

27              (3) Four (4) resident electors of this state, to be designated

28 by the Governor and who shall serve three-year terms, one (1) of whom shall

29 be a black;

30

31  SECTION 18. Arkansas Code � 23-61-1011(b)(7)(A), concerning the

32 membership of the Health and Economic Outcomes Accountability Oversight

33 Advisory Panel, is amended to read as follows:

34              (7)(A) Three (3) community members who represent health,

35 business, or education, who reflect the broad racial and geographic diversity

36 in the state, and who have demonstrated a commitment to improving the health

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    As Engrossed: H4/1/25                                                 HB1365

1 and welfare of Arkansans, appointed as follows:

2                          (i) One (1) member shall be appointed by and serve

3 at the will of the Governor;

4                          (ii) One (1) member shall be appointed by and serve

5 at the will of the President Pro Tempore of the Senate; and

6                          (iii) One (1) member shall be appointed by and serve

7 at the will of the Speaker of the House of Representatives.

8

9   SECTION 19. Arkansas Code � 24-7-301(3), concerning the membership of

10 the Board of Trustees of the Arkansas Teacher Retirement System, is amended

11 to read as follows:

12             (3) One (1) trustee shall be a minority, as defined under � 1-2-

13 503, person who:

14                   (A) Is an active or retired member of the system;

15                   (B) Is elected from the active and retired membership of

16 the system; and

17                   (C) Has at least five (5) years of actual service;

18

19  SECTION 20. Arkansas Code � 26-57-255(a)(3), concerning the creation

20 and membership of the Arkansas Tobacco Control Board, is amended to read as

21 follows:

22             (3) Four (4) members of the board shall be members of the public

23 at large who are not public employees or officials, at least one (1) of whom

24 shall be an African-American, and two (2) of whom shall be appointed by the

25 Governor after consulting the Arkansas Medical Society, Inc., and subject to

26 confirmation by the Senate.

27

28  SECTION 21. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of

29 this act or the application of this act to any person or circumstance is held

30 invalid, the invalidity shall not affect other provisions or applications of

31 this act which can be given effect without the invalid provision or

32 application, and to this end, the provisions of this act are declared

33 severable.

34

35                              /s/K. Brown

36

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