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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 358
4
5 By: Senator J. Dotson
6 By: Representative Maddox
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND VARIOUS LAWS RELATED TO HIGHER
10 EDUCATION; TO CODIFY THE ARKANSAS RESEARCH EDUCATION
11 AND OPTICAL NETWORK; TO REPEAL THE REQUIREMENT FOR
12 AFFIRMATIVE ACTION PROGRAMS AT INSTITUTIONS OF HIGHER
13 EDUCATION; TO REPEAL CERTAIN REPORTING REQUIREMENTS
14 RELATED TO AFFIRMATIVE ACTION; TO REPEAL THE LAW
15 RELATED TO DUPLICATION OF SERVICES; TO AMEND CERTAIN
16 LAWS RELATED TO REPORTING; TO REPEAL THE ARKANSAS
17 ENERGY SUMMARY AND REPORT; TO AMEND THE LAW
18 CONCERNING CONSTRUCTION PROJECT EXEMPTIONS; TO AMEND
19 THE LAW RELATED TO CERTAIN PERSONNEL AT THE
20 UNIVERSITY OF ARKANSAS FOR MEDICAL SCIENCES; TO AMEND
21 THE LAW RELATED TO THE SALE OF DONATED LAND; TO AMEND
22 VARIOUS LAW UNDER THE UNIFORM ATTENDANCE AND LEAVE
23 POLICY ACT RELATED TO INSTITUTIONS OF HIGHER
24 EDUCATION; AND FOR OTHER PURPOSES.
25
26
27 Subtitle
28 TO AMEND VARIOUS LAWS RELATED TO HIGHER
29 EDUCATION.
30
31 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
32
33 SECTION 1. Arkansas Code � 6-60-703(b)(1)(H), concerning the inclusion
34 of affirmative action program summaries in the Comprehensive Arkansas Higher
35 Education Annual Report, is repealed.
36 (H) Affirmative action programs summaries, � 6-63-103;
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1
2 SECTION 2. Arkansas Code � 6-60-703(b)(2) and (3), concerning the
3 contents of the Comprehensive Arkansas Higher Education Annual Report
4 biennially and every five (5) years, is amended to read as follows:
5 (2) Biennially, each even-numbered year:
6 (A) A financial condition report, � 6-61-222; and
7 (B) Changes to affirmative action program plans, � 6-63-
8 103; and
9 (C) Economic development goals and educational efforts, �
10 6-61-207; and
11 (3) Every five (5) years, beginning in 2015:,
12 (A) Minority retention plans, � 6-61-122; and
13 (B) Affirmative action program plans, � 6-63-103(c).
14
15 SECTION 3. Arkansas Code � 6-61-141 is repealed.
16 6-61-141. Duplication of services.
17 An institution of higher education that has its main campus, satellite
18 campus, or center located within a twenty-five-mile radius of another main
19 campus of an institution of higher education shall enter into a written
20 agreement with that institution of higher education that shall address
21 duplication of services between the institutions of higher education.
22
23 SECTION 4. Arkansas Code � 6-61-221(d)(2), concerning the inclusion of
24 reporting of graduates requiring postsecondary remediation within the
25 Comprehensive Arkansas Higher Education Annual Report, is amended to read as
26 follows:
27 (2) The reports developed under this section shall be prepared
28 on or before October 1 each year and include the cost of remediation for each
29 state-supported institution of higher education, which shall be submitted to
30 the Division of Higher Education according to standards developed by the
31 Division of Higher Education and shall include for each state-supported
32 institution of higher education:
33 (A) The amount of institutional revenue spent on
34 remediation;
35 (B) The total general revenue subsidy spent on
36 remediation;
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1 (C) The total institutional expenditure for remediation;
2 and
3 (D) The general revenue percentage of total expenditures
4 for remediation.
5
6 SECTION 5. Arkansas Code Title 6, Chapter 61, Subchapter 16, is
7 repealed.
8 6-61-1601. Findings.
9 The General Assembly finds that:
10 (1) There is a need to create and promote a comprehensive energy
11 summary and report for the state.
12 (2) The collaboration of all state-supported institutions of
13 higher education that participate in energy research activities is vital to
14 ensure an orderly and effective set of data and other research necessary to
15 promote energy conservation and develop alternative energy sources on a
16 statewide level.
17
18 6-61-1602. Institutional Energy Research Committee -- Creation --
19 Purpose.
20 (a) The Arkansas Higher Education Coordinating Board shall coordinate
21 the efforts of all state-supported institutions that participate in energy
22 research activities in the development of the Arkansas Energy Summary and
23 Report.
24 (b) The Division of Higher Education, in collaboration with state-
25 supported institutions of higher education that participate in energy
26 research activities, shall appoint at least one (1) member of the research
27 faculty at each state-supported institution of higher education that
28 participates in energy research activities to serve on the Institutional
29 Energy Research Committee.
30 (c)(1) The purpose of the committee is to coordinate ongoing energy
31 research efforts taking place at each state-supported institution of higher
32 education and create the Arkansas Energy Summary and Report.
33 (2) The committee shall modify the Arkansas Energy Summary and
34 Report as necessary to ensure it is updated with the latest energy research
35 available.
36
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1 6-61-1603. Arkansas Energy Summary and Report.
2 (a) The Institutional Energy Research Committee shall create and adopt
3 the Arkansas Energy Summary and Report that includes without limitation the:
4 (1) Energy production and usage in Arkansas, including:
5 (A) Current sources of energy in Arkansas by percentage
6 and cost;
7 (B) Current energy demand and percentage of use of each
8 energy source, including the production capacity of each energy source;
9 (C) Projected energy use for the next:
10 (i) Ten (10) years; and
11 (ii) Twenty (20) years;
12 (D) Current and projected cost per kilowatt of additional
13 energy production capabilities for the following energy sources:
14 (i) Coal;
15 (ii) Hydroelectric;
16 (iii) Natural gas;
17 (iv) Nuclear;
18 (v) Solar;
19 (vi) Wind;
20 (vii) Lignite; and
21 (viii) Other; and
22 (E) Environmental challenges and the impact of each energy
23 source listed in subdivision (a)(1)(D) of this section;
24 (2) Energy production capacity compared to projected energy
25 growth;
26 (3) Economical methods for additional energy sources into the
27 market; and
28 (4) Current and possible tax incentives or governmental policies
29 to promote an increase in energy production capacity for state energy
30 consumption or export to other states.
31 (b) The committee shall submit the Arkansas Energy Summary and Report
32 and relevant data, research, and findings to the Joint Committee on Energy no
33 later than July 1, 2014.
34
35 SECTION 6. Arkansas Code Title 6, Chapter 61, is amended to add an
36 additional subchapter to read as follows:
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1 Subchapter 18 -- Arkansas Research Education and Optical Network
2
3 6-61-1801. Legislative findings and intent.
4 (a) The General Assembly finds that:
5 (1) The purpose of the Arkansas Research Education and Optical
6 Network is to provide a high-speed, fiber-based optical communications
7 network to higher education and healthcare institutions in Arkansas;
8 (2) The Arkansas Research Education and Optical Network began as
9 a collaboration between Arkansas public colleges and universities in 2005
10 with an initial investment from state funds;
11 (3) State positions and funds have been appropriated for the
12 Arkansas Research Education and Optical Network through the University of
13 Arkansas system since 2007; and
14 (4) Since 2007, the University of Arkansas system has provided
15 administrative support to the Arkansas Research Education and Optical
16 Network.
17 (b) It is the intent of the General Assembly to formally codify the
18 Arkansas Research Education and Optical Network as a state entity.
19
20 6-61-1802. Purpose -- Users.
21 (a) The Arkansas Research Education and Optical Network is a public
22 instrumentality that provides a high-speed, fiber-based optical
23 communications network and other technology resources to participating higher
24 education and healthcare institutions in the state.
25 (b) Users of the Arkansas Research Education and Optical Network
26 services shall be billed at rates to be determined by the Board of Directors
27 of the Arkansas Research Education and Optical Network.
28
29 6-61-1803. Board of directors -- Creation.
30 (a) There is created the Board of Directors of the Arkansas Research
31 Education and Optical Network.
32 (b) The Arkansas Research Education and Optical Network shall be
33 governed by a board of directors consisting of seven (7) voting members or
34 designees, as follows:
35 (1) The President of the University of Arkansas system;
36 (2) The President of the Arkansas State University system;
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1 (3) One (1) at-large member selected by a majority vote of the
2 current user institutions, who shall serve a two-year term;
3 (4) Two (2) presidents or chancellors of a four-year state-
4 supported member institution of higher education to be selected by a majority
5 vote of the current user institutions, who shall serve staggered two-year
6 terms; and
7 (5) Two (2) presidents or chancellors of a two-year state-
8 supported member institution of higher education to be selected by a majority
9 vote of the current user institutions, who shall serve staggered two-year
10 terms.
11 (c)(1) The President of the University of Arkansas system or his or
12 her designee shall serve as the chair of the board.
13 (2) The board shall elect as vice-chair a board member who
14 represents an institution outside of the University of Arkansas system, who
15 shall serve a one-year term.
16 (d)(1) Four (4) members of the board shall constitute a quorum.
17 (2) An affirmative vote of four (4) members shall be necessary
18 for any action taken by the board.
19
20 6-61-1804. Director -- Personnel.
21 (a)(1) The executive head of the Arkansas Research Education and
22 Optical Network shall be the Executive Director of the Arkansas Research
23 Education and Optical Network who shall be appointed by and serve at the
24 pleasure of the Board of Directors of the Arkansas Research Education and
25 Optical Network.
26 (2) The executive director shall carry out the day-to-day
27 affairs of the Arkansas Research Education and Optical Network subject to the
28 approval of the board.
29 (b) All personnel of the Arkansas Research Education and Optical
30 Network shall be employees of the University of Arkansas system for purposes
31 of payroll and benefits.
32 (c) All expenditures of the Arkansas Research Education and Optical
33 Network shall:
34 (1) Comply with state procurement laws; and
35 (2) Follow University of Arkansas system policies and procedures
36 relating to procurement.
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1 (d) This subchapter does not mean that the:
2 (1) Arkansas Research Education and Optical Network is a campus,
3 division, or unit of an institution of higher education or any other entity,
4 including without limitation the University of Arkansas system; or
5 (2) University of Arkansas system or its member campuses,
6 divisions, and units are agents or principals of the Arkansas Research
7 Education and Optical Network.
8
9 6-61-1805. Powers and duties.
10 (a) The Arkansas Research Education and Optical Network shall have the
11 following duties:
12 (1) To develop, implement, and maintain a high-speed, fiber-
13 based optical communications network and associated campus connections for
14 use by higher education and healthcare institutions in the state;
15 (2) To lease and own real property necessary to fulfill its
16 purpose; and
17 (3) To explore and implement additional cost-effective
18 technology services and network solutions that would be beneficial to its
19 users.
20 (b) The University of Arkansas system and its various institutions
21 shall provide assistance to the Arkansas Research Education and Optical
22 Network as may be agreed upon for the achievement of its purpose.
23 (c) The Board of Trustees of the University of Arkansas may own and
24 lease real property on behalf of the Arkansas Research Education and Optical
25 Network.
26
27 SECTION 7. Arkansas Code � 6-62-314 is amended to read as follows:
28 6-62-314. Construction project exemption.
29 The following state-supported institutions of higher education shall be
30 exempt as allowed by � 19-4-1415(b)(5) for construction projects exceeding
31 five million dollars ($5,000,000) if they have adopted policies and
32 procedures in compliance with state law involving the awarding and oversight
33 of the contracts for design and construction services:
34 (1) Henderson State University;
35 (2) Southern Arkansas University;
36 (3) University of Central Arkansas;
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1 (4) National Park College;
2 (5) Northwest Arkansas Community College State-supported two-
3 year colleges; and
4 (6)(5) Arkansas Tech University.
5
6 SECTION 8. Arkansas Code � 6-62-606(b), concerning the review by the
7 Building Authority Division of transfer and lease agreements, is amended to
8 read as follows:
9 (b) In proceeding under this subchapter, it shall not be necessary for
10 the board to comply with any other laws relating to the procurement,
11 disposal, or leasing of property, including without limitation laws
12 concerning the appointment of appraisers in connection therewith, laws
13 restricting the obligation of funds for construction, and laws dealing with
14 the improvement of historic structures, except that the transfer and the
15 lease agreement shall be subject to the review and approval of the Building
16 Authority Division.
17
18 SECTION 9. Arkansas Code � 6-63-103 is repealed.
19 6-63-103. Affirmative action programs -- Plans -- Annual reports.
20 (a)(1) Each state-supported institution of higher education shall
21 prepare an affirmative action program for the recruitment of African-
22 Americans and other members of minorities for faculty and staff positions and
23 for enrollment as students.
24 (2) Affirmative action plans shall be prepared on a continuing
25 basis for future five-year periods.
26 (b)(1) Each state-supported institution of higher education shall
27 prepare annually a summary report on the steps that have been taken to reach
28 the goals of the plan.
29 (2) The report shall:
30 (A) Include information on the progress made by each
31 institution for the various levels of employment within the institution; and
32 (B) Be presented in a table format limited to no more than
33 five (5) pages.
34 (c) Copies of the five-year plan and annual reports summaries of each
35 institution of higher education shall be included in the Comprehensive
36 Arkansas Higher Education Annual Report, filed with the Governor, the
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1 Division of Higher Education, the president and board of trustees of the
2 institution, the board of visitors of the institution, if applicable, and the
3 House Committee on Education and the Senate Committee on Education.
4 (d) In carrying out the affirmative action plans, each institution of
5 higher education shall provide for a part-time or full-time employee to
6 assist the institution in the recruitment of African-Americans and other
7 members of minorities for faculty and staff positions and for enrollment as
8 students.
9
10 SECTION 10. Arkansas Code � 6-63-321 is amended to read as follows:
11 6-63-321. Overtime, incentives, and differentials for direct and
12 indirect unclassified patient care personnel at University of Arkansas for
13 Medical Sciences.
14 (a) All unclassified positions employed to provide or support patient
15 care at the University of Arkansas for Medical Sciences are eligible for
16 overtime at the rate of one and one-half (1�) times their regular hourly
17 rate.
18 (b) In addition to overtime, unclassified direct and indirect patient
19 care employees scheduled to work shifts outside of normal operating schedules
20 may be eligible to receive up to twenty-four percent (24%) of the hourly rate
21 paid as a shift differential.
22 (c)(1) All unclassified positions employed to provide or support
23 patient care at the University of Arkansas for Medical Sciences shall be
24 eligible to receive incentive pay not to exceed one and two-tenths (1.2)
25 times their base hourly rate.
26 (2) All unclassified employees required to work in specialty
27 areas shall be eligible to receive up to ten percent (10%) of the hourly rate
28 paid as a specialty differential while working in such areas.
29 (d)(1) When overtime, shift differentials, standby pay, incentive pay,
30 or specialty differentials are provided to employees as stated in this
31 section, the total may exceed the line item maximum salaries for those
32 positions.
33 (2) This section does not apply to the positions of Patient Care
34 Administrator, Associate Administrator, or Assistant Administrator of Patient
35 Care.
36 (e)(1) In addition, the Board of Trustees of the University of
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1 Arkansas for Medical Sciences may also make special compensation allowances
2 available, in such amounts as the board may determine or justify equitable in
3 view of the current requirements for registered nurses in the Clinical
4 Programs of the University of Arkansas for Medical Sciences and the
5 availability of registered nurses for employment in the Little Rock
6 metropolitan area.
7 (2) However, the special compensation allowances approved by the
8 board for a single individual shall not exceed the state line item maximum by
9 more than twenty percent (20%) for those positions.
10
11 SECTION 11. Arkansas Code � 6-64-218 is amended to read as follows:
12 6-64-218. Sale of donated land.
13 (a) The Board of Trustees of the University of Arkansas may sell any
14 land donated to the University of Arkansas by individuals.
15 (b) When the purchase price is paid to the treasurer of the
16 university, the president and secretary of the board or designee shall
17 execute a deed conveying the lands to the purchaser.
18
19 SECTION 12. Arkansas Code � 19-4-1415(c)(2), concerning the
20 requirement for institutions of higher education to submit a summary of
21 contract amendments to the Legislative Council, is amended to read as
22 follows:
23 (2)(A) The institutions of higher education stated in
24 subdivision (b)(5) of this section shall perform all duties and
25 responsibilities stated in subdivision (c)(1) of this section under policies
26 and procedures adopted by their governing boards.
27 (B) They shall submit a summary of all contract amendments
28 to the Legislative Council.
29
30 SECTION 13. Arkansas Code � 21-3-101(b), concerning reports under the
31 equal employment hiring program, is amended to read as follows:
32 (b)(1) Every state department, agency, board, commission, and
33 institution of higher education and every constitutional officer shall report
34 to the Legislative Council on June 30 of each year regarding its efforts to
35 achieve its equal employment hiring program goal.
36 (2) However, the report required of any institution by � 6-63-
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1 103 may be used in lieu of the report required under this subsection and
2 shall be filed as provided in this subsection.
3
4 SECTION 14. Arkansas Code � 21-4-203(12), concerning the definition of
5 "state agencies" under the Uniform Attendance and Leave Policy Act, is
6 amended to read as follows:
7 (12) "State agencies" means all agencies, departments, boards,
8 commissions, bureaus, councils, state-supported institutions of higher
9 education, or other agencies except the following excluded agencies or
10 positions within agencies:
11 (A) The elected constitutional officers of this state and
12 their employees;
13 (B) The General Assembly and its employees, including
14 employees of the Bureau of Legislative Research and Arkansas Legislative
15 Audit;
16 (C) Members of the Supreme Court, members of the Court of
17 Appeals, the Administrative Office of the Courts, circuit courts, and
18 prosecuting attorneys, but not including deputy prosecuting attorneys;
19 (D) The Arkansas Department of Transportation; and
20 (E) All administrative, academic, or other nonclassified
21 employees of the stateState-supported institutions of higher education;
22
23 SECTION 15. Arkansas Code � 21-4-503 is amended to read as follows:
24 21-4-503. Applicability of subchapter.
25 (a) The provisions of �� 21-4-501 and 21-4-504 apply to:
26 (1) Employees of the Arkansas State Game and Fish Commission;
27 (2) Employees of the Arkansas Department of Transportation; and
28 (3) Classified employees of state-supported institutions of
29 higher education; and
30 (4) Employees of all agencies of this state whether in the
31 executive, legislative, or judicial branch of government.
32 (b) The provisions of this section or any amendments to this section
33 shall not change any employee benefits or agreements established under � 6-
34 57-103, � 6-58-105, or � 6-59-105.
35
36 SECTION 16. Arkansas Code � 21-4-505 is amended to read as follows:
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1 21-4-505. Compensation for unused sick leave of nonclassified employees
2 of state-supported institutions of higher education -- Calculation for unused
3 sick leave.
4 (a) At its discretion, a state-supported institution of higher
5 education may compensate a nonclassified an employee of the state-supported
6 institution of higher education for accumulated unused sick leave by
7 providing to the nonclassified employee the same compensation for accumulated
8 unused sick leave provided to a classified employee of the state-supported
9 institution of higher education under � 21-4-501.
10 (b) Compensation for accumulated unused sick leave under this section
11 shall not be used by the Arkansas Public Employees' Retirement System in the
12 calculation of final average compensation under � 24-4-101.
13 (c) Unused sick leave for nonclassified employees of state-supported
14 institutions of higher education shall accrue at the same rate as unused sick
15 leave accrues under � 21-4-207 for classified employees for calculations made
16 under this section.
17
18 SECTION 17. Arkansas Code � 22-2-114(c), concerning exemption from
19 regulation and supervision of leasing responsibilities by the Building
20 Authority Division, is amended to read as follows:
21 (c) This section shall not apply to an institution of higher
22 education, the State Highway Commission, the Arkansas Department of
23 Transportation, or the Arkansas State Game and Fish Commission.
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