Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 5 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 6-60-101 — 6-71-142) › Chapter 62 - PROPERTY AND FINANCES OF STATE INSTITUTIONS (§§ 6-62-101 — 6-62-1204) › Subchapter 11 - HIGHER EDUCATION TECHNOLOGY AND FACILITY IMPROVEMENT (§§ 6-62-1101 — 6-62-1122) › Section 6-62-1104 - Power and duties

(a)
Before any bonds may be issued during a fiscal biennium, except for refunding purposes, the Arkansas Higher Education Coordinating Board shall submit to the Governor a written plan for technology and facility improvement projects to be funded with the proceeds derived from the sale of the State of Arkansas Higher Education General Obligation Bonds, the need for the projects, the estimated benefits of the projects, and the anticipated debt service requirements for the bonds.
(b)
(1)
Upon receipt of the plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning the amount and availability of unrestricted funds in the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, that would be used to meet the debt service requirements.
(2)
The Chief Fiscal Officer of the State shall determine whether the annual amount of the net general revenues required to be set aside from general revenues for payment of the remaining debt service requirements in connection with the bonds to be issued under this subchapter during either year of the fiscal biennium in which the bonds are to be issued would work undue hardship upon any agency or program supported from general revenues under the provisions of the Revenue Stabilization Law, §
19-5-101
et seq.
(c)
After conferring with the Chief Fiscal Officer of the State pursuant to subsection (b) of this section, if the Governor determines that issuing bonds under this subchapter is in the public interest, the Governor shall authorize by proclamation the board and the Arkansas Development Finance Authority to proceed with the issuance of the bonds under this subchapter.
(d)
The authority and the board, in addition to and not in replacement or limitation of powers conferred under other laws, each shall have the power under this subchapter to:
(1)
Make available bond proceeds and investment earnings on the bond proceeds to state institutions of higher education for payment of project costs in accordance with this subchapter;
(2)
Enter into any and all contracts necessary or convenient for the exercise of the powers or implementation of the purposes set forth in this subchapter;
(3)
Require audits or other periodic reports of any or all accounts related to construction, operation, or maintenance of any projects funded by this subchapter;
(4)
Take reasonable actions to ensure that debt service requirements are met; and
(5)
Take other action as may be appropriate to accomplish the purposes of this subchapter.
(e)
The authority and the board are authorized to promulgate rules with respect to their powers and duties pursuant to this subchapter.
(f)
No member of the authority or the board shall be liable personally for any reason arising from the issuance of bonds pursuant to this subchapter unless the person shall have acted with corrupt intent.
Amended by Act 2019, No. 82,§ 3, eff. 7/1/2019.
Acts 2005, No. 1282, § 1.