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8 be in effect until they are amended or repealed by the Department of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