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 63 - EMPLOYEES OF STATE INSTITUTIONS (§§ 6-63-101 — 6-63-602) › Subchapter 3 - HIGHER EDUCATION EXPENDITURE RESTRICTION ACT (§§ 6-63-301 — 6-63-322) › Section 6-63-305 - New or additional positions

(a)
(1)
In the event that additional federal funds, grants, gifts, or collections become available that were not authorized or contemplated at the time of the passage of the fiscal year appropriation act for operations for each institution enumerated in subsection (b) of this section, that such new funds make it possible for the recipient institution to engage in educational projects that would be of benefit to the State of Arkansas, and that such projects would make it necessary to employ additional personnel, the president of the recipient institution may establish the positions if:
(A)
A request for a specific nonclassified position, title, and salary has been requested by the institution of higher education, approved by the institution's board of trustees, recommended by the Division of Higher Education, and reported to the Legislative Council; or
(B)
A request for a specific classified position will be assigned only after a specific position, class title, and grade are requested by the institution of higher education, approved by the institution's board, recommended by the division and reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and
(C)
The salary rates for these positions do not exceed the highest maximum annual salary rate or the highest grade for any position authorized in the regular salary section of the requesting institution's appropriation act for operations, under the Higher Education Uniform Classification and Compensation Act, §
21-5-1401
et seq.
(2)
The number of additional positions shall not exceed the maximum number of positions authorized for the institution in the appropriation act for operations.
(3)
The source of funding for the additional positions established under this subsection shall be reported to the division and the Legislative Council by the institution at the time of the request.
(4)
Determining the number of persons to be employed by an institution of higher education is the prerogative of the General Assembly and is usually accomplished by delineating the maximum number of persons by identifying the job titles and the maximum grades or salaries attached to them. The General Assembly has determined that the institutions of higher education could be operated more efficiently if some flexibility were given to the institutions. That flexibility is being accomplished by providing new or additional positions in subsection (b) of this section, and since the General Assembly has granted the institutions broad powers under the new or additional position concept, it is both necessary and appropriate that the General Assembly maintain oversight of the utilization of the new or additional positions by requiring prior approval of the Legislative Council in the utilization of the new or additional positions. Therefore, the requirement of approval by the Legislative Council is not a severable part of this section. If the requirement of approval by the Legislative Council is ruled unconstitutional by a court of competent jurisdiction, this entire section is void.
(b)
The following maximum number of new additional positions is established for the biennium for the following institutions of higher education at salary rates not to exceed the salary rate or the highest grade level position of comparable positions established in the regular salaries section of the appropriations act for operations for each institution:
Institution
Maximum Number of Additional Positions
(1) Arkansas State University-Jonesboro
375
(2) Arkansas State University-Mountain Home
40
(3) Arkansas State University-Beebe
100
(4) Arkansas State University-Newport
60
(5) Arkansas Tech University
75
(6) Black River Technical College
44
(7) Cossatot Community College of the University of Arkansas
105
(8) East Arkansas Community College
40
(9) National Park College
50
(10) Henderson State University
60
(11) Arkansas State University Mid-South
75
(12) Arkansas Northeastern College
70
(13) North Arkansas College
70
(14) Northwest Arkansas Community College
80
(15) Arkansas State University Three Rivers
40
(16) Ozarka College
46
(17) University of Arkansas Community College at Morrilton
40
(18) Phillips Community College of the University of Arkansas
40
(19) University of Arkansas - Pulaski Technical College
80
(20) University of Arkansas Community College at Rich Mountain
40
(21) South Arkansas Community College
50
(22) Southeast Arkansas College
60
(23) Southern Arkansas University
70
(24) SAU-Tech
40
(25) University of Arkansas at Fayetteville
750
(26) Division of Agriculture of the University of Arkansas
500
(27) [Repealed by 2023 legislation.]
(28) University of Arkansas - Arkansas Archeological Survey
150
(29) University of Arkansas - Criminal Justice Institute
250
(30) University of Arkansas at Little Rock
300
(31) University of Arkansas for Medical Sciences
1,000
(32) University of Arkansas at Monticello
100
(33) University of Arkansas at Pine Bluff
150
(34) University of Arkansas Community College at Batesville
40
(35) University of Arkansas Community College at Hope-Texarkana
40
(36) University of Central Arkansas
300
(37) University of Arkansas at Fort Smith
40
(38) University of Arkansas - Arkansas School for Mathematics, Sciences, and the Arts
60
(39) University of Arkansas - Clinton School of Public Service
75
(40) University of Arkansas system
60
(c)
The positions established under this subchapter shall expire at the end of the fiscal year in which they are established.
(d)
Each institution shall include in its annual budget request presented to the Legislative Council a request to continue any position authorized under this subchapter.
Amended by Act 2023, No. 645,§ 3, eff. 8/1/2023.
Amended by Act 2023, No. 645,§ 2, eff. 8/1/2023.
Amended by Act 2023, No. 645,§ 1, eff. 8/1/2023.
Amended by Act 2021, No. 289,§ 3, eff. 7/1/2021.
Amended by Act 2021, No. 289,§ 2, eff. 7/1/2021.
Amended by Act 2021, No. 289,§ 1, eff. 7/1/2021.
Amended by Act 2019, No. 710,§ 1, eff. 7/1/2019.
Amended by Act 2019, No. 710,§ 2, eff. 7/1/2019.
Amended by Act 2019, No. 204,§ 1, eff. 7/1/2019.
Amended by Act 2017, No. 599,§ 1, eff. 7/1/2017.
Amended by Act 2017, No. 179,§ 7, eff. 7/1/2017.
Amended by Act 2017, No. 178,§ 5, eff. 7/1/2017.
Amended by Act 2016F, No. 141,§ 9, eff. 7/1/2016.
Amended by Act 2016F, No. 140,§ 9, eff. 7/1/2016.
Amended by Act 2015, No. 1273,§ 3, eff. 4/8/2015.
Amended by Act 2015, No. 1273,§ 2, eff. 4/8/2015.
Amended by Act 2015, No. 1273,§ 1, eff. 4/8/2015.
Acts 1983, No. 147, § 4; 1985, No. 845, § 1; A.S.A. 1947, § 80-5604; Acts 1989, No. 36, § 1; 1991, No. 1089, § 1; 1993, No. 823, § 2; 1995, No. 70, § 1; 1995, No. 1164, §§ 1, 3; 1999, No. 664, § 1; 2001, No. 739, § 1; 2003, No. 1460, § 1; 2003 (1st Ex. Sess.), No. 30, § 33; 2005, No. 2123, § 34; No. 2200, § 1; 2007, No. 620, § 1; No. 1255, § 38; 2009, No. 245, § 1; 2009, No. 688, § 1; 2009, No. 1334, § 37.