reglab/statecodes huggingface dataset:
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 6-62-1116 - Refunding bonds

(a)
(1)
The Arkansas Development Finance Authority may issue bonds for the purpose of refunding bonds previously issued pursuant to this subchapter or the Arkansas College Savings Bond Act of 1989, §
6-62-701
et seq.
(2)
To the extent that the refunding bonds are issued to refund State of Arkansas Higher Education General Obligation Bonds issued under this subchapter and the principal amount of the refunding bonds is not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the two-hundred-fifty-million-dollar limit in §
6-62-1105
.
(b)
The refunding bonds shall be general obligations of the State of Arkansas, secured as set forth in this subchapter, and secured and sold in accordance with the provisions of this subchapter.
(c)
The proceeds of the refunding bonds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds refunded, as shall be specified by the authority and the authorizing resolution or trust indenture. The principal amount of the bonds refunded after payment and defeasance shall not be deemed outstanding for purposes of this subchapter.
(d)
(1)
The authorizing resolution or trust indenture securing the refunding bonds may provide, if the bonds being refunded were issued under this subchapter, that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded.
(2)
Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of the bonds.
(3)
Other than approval of the resolution or trust indenture under which refunding bonds are issued by appropriate action of the authority, no additional action or approval for the issuance of refunding bonds shall be required to be taken by the Arkansas Higher Education Coordinating Board or the Chief Fiscal Officer of the State under this subchapter or as otherwise may be provided by other law.
Acts 2005, No. 1282, § 1.
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 6-62-1117 - Tax exemption

All State of Arkansas Higher Education General Obligation Bonds issued under this subchapter and interest on the bond proceeds shall be exempt from all state taxes, including income, inheritance, and property taxes. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.
Acts 2005, No. 1282, § 1.
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 6-62-1118 - Employment of professionals

The Arkansas Development Finance Authority is authorized to retain those professionals as it deems necessary to accomplish the issuance and sale of the State of Arkansas Higher Education General Obligation Bonds, including, without limitation, legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents.
Acts 2005, No. 1282, § 1.
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 6-62-1119 - Construction

(a)
This subchapter shall be liberally construed to accomplish its purposes. This subchapter shall constitute the sole authority necessary to accomplish the purposes of this subchapter, and the provisions of other laws pertaining to the development of technology projects and facility improvement projects and the financing shall not apply, except as specifically set forth in this subchapter.
(b)
This subchapter shall supplement existing laws conferring rights and powers upon the Arkansas Development Finance Authority and the Arkansas Higher Education Coordinating Board, and the rights and powers set forth in this subchapter shall be alternative methods for the accomplishment of the purposes of this subchapter.
Acts 2005, No. 1282, § 1.
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 6-62-1120 - Rights and liabilities - Enforcement

(a)
This subchapter shall constitute a contract between the State of Arkansas and the registered owners of all State of Arkansas Higher Education General Obligation Bonds issued under this subchapter that shall never be impaired. Any violation of terms of this subchapter, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or of any taxpayer.
(b)
The courts in a suit against the Arkansas Development Finance Authority or the Arkansas Higher Education Coordinating Board, the Treasurer of State, or other appropriate officer or official of this state shall prevent a diversion of any revenues pledged under this subchapter and shall compel the restoration of diverted revenues by injunction or mandamus.
(c)
Without limitation as to any other appropriate remedy at law or in equity, any bondholder by an appropriate action, including without limitation, injunction or mandamus, may compel the performance of all covenants and obligations of the State of Arkansas and its officers and officials under this subchapter.
Acts 2005, No. 1282, § 1.
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 6-62-1121 - Rights and liabilities - Commencement

(a)
This subchapter shall not create any right of any character and no right of any character shall arise under or pursuant to this subchapter until the first series of State of Arkansas Higher Education General Obligation Bonds authorized by this subchapter shall have been sold and delivered.
(b)
The issuance of bonds authorized by this subchapter shall not impair or affect any outstanding bonds of the Arkansas Development Finance Authority issued under the Arkansas College Savings Bond Act of 1989, §
6-62-701
et seq.
Acts 2005, No. 1282, § 1.
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 6-62-1122 - Judicial review - Priority

All cases involving the validity of this subchapter or any portion of this subchapter or in any way arising under this subchapter or involving the State of Arkansas Higher Education General Obligation Bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause. All appeals from judgments or decrees rendered in these cases must be taken within thirty (30) days after the rendition of the judgment or decree.
Acts 2005, No. 1282, § 1.
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 12 - SUSTAINABLE BUILDING MAINTENANCE PROGRAM FOR STATE-SUPPORTED (§§ 6-62-1201 — 6-62-1204) › Section 6-62-1201 - Sustainable Building Maintenance Program for State-Supported Institutions of Higher Education

(a)
There is created the Sustainable Building Maintenance Program for State-Supported Institutions of Higher Education.
(b)
The program shall be administered by the Division of Higher Education.
Added by Act 2023, No. 751,§ 1, eff. 8/1/2023.
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 12 - SUSTAINABLE BUILDING MAINTENANCE PROGRAM FOR STATE-SUPPORTED (§§ 6-62-1201 — 6-62-1204) › Section 6-62-1202 - Loans

(a)
Under the Sustainable Building Maintenance Program for State-Supported Institutions of Higher Education, the Division of Higher Education may authorize money to be loaned from the Sustainable Building Maintenance Program for State-Supported Institutions of Higher Education Revolving Loan Fund, §
19-5-1285
, to a state-supported institution of higher education.
(b)
A loan from the fund made under subsection (a) of this section shall be:
(1)
For:
(A)
Deferred maintenance;
(B)
Critical maintenance; or
(C)
A renovation of state-owned property; and
(2)
In an amount that exceeds one hundred thousand dollars ($100,000).
(c)
The term for repayment of a loan from the fund made under subsection (a) of this section shall not exceed ten (10) years.
Added by Act 2023, No. 751,§ 1, eff. 8/1/2023.
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 12 - SUSTAINABLE BUILDING MAINTENANCE PROGRAM FOR STATE-SUPPORTED (§§ 6-62-1201 — 6-62-1204) › Section 6-62-1203 - Loan approval process

(a)
(1)
An applicant for a loan from the Sustainable Building Maintenance Program for State-Supported Institutions of Higher Education Revolving Loan Fund under §
6-62-1202
shall apply for the loan on a form approved by the Division of Higher Education.
(2)
The division shall review an application submitted under subdivision (a)(1) of this section to determine if the applicant satisfies the eligibility criteria for a loan from the fund.
(b)
The division shall provide an applicant for a loan from the fund with written notice of its determination regarding whether to offer the applicant a loan from the fund and any conditions for making the loan from the fund.
(c)
After an applicant for a loan from the fund has satisfied the preconditions, if any, for the division's approval of the applicant's loan application and has executed a contract for the loan from the fund, the division shall present the contract for the loan from the fund to the Arkansas Higher Education Coordinating Board for its approval.
Added by Act 2023, No. 751,§ 1, eff. 8/1/2023.
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 12 - SUSTAINABLE BUILDING MAINTENANCE PROGRAM FOR STATE-SUPPORTED (§§ 6-62-1201 — 6-62-1204) › Section 6-62-1204 - Rules

(a)
The Division of Higher Education shall promulgate rules for the implementation of this subchapter.
(b)
The rules promulgated under subsection (a) of this section shall include without limitation:
(1)
Application forms for applicants applying for a loan from the Sustainable Building Maintenance Program for State-Supported Institutions of Higher Education Revolving Loan Fund under §
6-62-1202
;
(2)
Eligibility requirements for applicants applying for a loan from the fund under §
6-62-1202
;
(3)
Review standards; and
(4)
Requirements for the issuance of a loan from the fund under this subchapter.
Added by Act 2023, No. 751,§ 1, eff. 8/1/2023.
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 1 - GENERAL PROVISIONS (§§ 6-63-101 — 6-63-105) › Section 6-63-101 - Authority for teachers to wear religious clothing

No person shall be prohibited from teaching in state institutions of higher education for the reason that the person wears the clothing of any established and recognized religion while teaching.
Acts 1973, No. 196, § 1; A.S.A. 1947, § 80-1261.
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 1 - GENERAL PROVISIONS (§§ 6-63-101 — 6-63-105) › Section 6-63-102 - Deductions for group insurance premiums

For the purpose of payment of group insurance policy premiums, upon the execution by any teacher or other school employee of an appropriate form of authorization and delivery thereof to the fiscal officer of the state college or university wherein that person is employed, the fiscal officer shall withhold the designated amount from that person's monthly salary payments and shall transmit the amount, on or before the tenth day of each succeeding month, to the insurance company named in the authorization.
Acts 1949, No. 316, § 1; 1951, No. 37, § 1; A.S.A. 1947, § 80-1324.
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 1 - GENERAL PROVISIONS (§§ 6-63-101 — 6-63-105) › Section 6-63-103 - Affirmative action programs - Plans - Annual reports

(a)
(1)
Each state-supported institution of higher education shall prepare an affirmative action program for the recruitment of African-Americans and other members of minorities for faculty and staff positions and for enrollment as students.
(2)
Affirmative action plans shall be prepared on a continuing basis for future five-year periods.
(b)
(1)
Each state-supported institution of higher education shall prepare annually a summary report on the steps that have been taken to reach the goals of the plan.
(2)
The report shall:
(A)
Include information on the progress made by each institution for the various levels of employment within the institution; and
(B)
Be presented in a table format limited to no more than five (5) pages.
(c)
Copies of the five-year plan and annual reports summaries of each institution of higher education shall be included in the Comprehensive Arkansas Higher Education Annual Report, filed with the Governor, the Division of Higher Education, the president and board of trustees of the institution, the board of visitors of the institution, if applicable, and the House Committee on Education and the Senate Committee on Education.
(d)
In carrying out the affirmative action plans, each institution of higher education shall provide for a part-time or full-time employee to assist the institution in the recruitment of African-Americans and other members of minorities for faculty and staff positions and for enrollment as students.
Amended by Act 2019, No. 910,§ 2002, eff. 7/1/2019.
Acts 1989, No. 99, § 1; 1997, No. 112, § 21; 2011, No. 696, § 4.
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 1 - GENERAL PROVISIONS (§§ 6-63-101 — 6-63-105) › Section 6-63-105 - Highly Qualified Professor and Teacher Act

(a)
This section shall be known and may be cited as the "Highly Qualified Professor and Teacher Act".
(b)
A university professor or an assistant professor may receive a teaching license issued by the State Board of Education upon performing application requirements under §
6-17-401
et seq.
(c)
The State Board of Education shall promulgate rules to implement this section.
Added by Act 2021, No. 657,§ 1, eff. 7/28/2021.
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 6-63-301 - Title

This subchapter shall be cited and referred to as the "Higher Education Expenditure Restriction Act".
Acts 1983, No. 147, § 1; A.S.A. 1947, § 80-5601.
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 6-63-302 - Applicability of subchapter - Other fiscal laws not superseded

The provisions of this subchapter shall be applicable to all publicly supported institutions of higher education in this state and shall not supersede the provisions of the General Accounting and Budgetary Procedures Law, §
19-4-101
et seq., the Uniform Classification and Compensation Act, §
21-5-201
et seq., the Arkansas Procurement Law, §
19-11-201
et seq., or other fiscal control laws of this state, and their successors.
Acts 1983, No. 147, § 2; A.S.A. 1947, § 80-5602.
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 6-63-303 - Nine-month and part-time employees - Maximum annual salary

(a)
(1)
The maximum annual salary established for any position established as a nine-month educational and general academic position in the regular salaries section of the biennial operations appropriation act of any institution of higher education is declared to be the maximum annual salary for a nine-month contract, at a rate of pay not to exceed one-ninth (1/9) of the maximum authorized salary during any one (1) month.
(2)
The employee's contract or subsequent contract may exceed nine (9) months, and the maximum annual salary authorized for such position may be exceeded by not more than one-ninth (1/9) of the maximum annual salary for each additional month or part thereof contracted.
(3)
However, when a faculty member is assigned overload teaching responsibilities, as defined by the Arkansas Higher Education Coordinating Board, an amount in excess of one-ninth (1/9) of the maximum annual salary may be paid during any one (1) month if the applicable maximum authorized salary is not exceeded by more than ten percent (10%).
(b)
For those positions identified as part-time in the biennial appropriations act for operations of any institution of higher education, payment may be made in one (1) or more payments each semester or term with the total of all payments made during a fiscal year not to exceed the applicable maximum authorized salary.
(c)
(1)
Any institution of higher education may, at the option of its board of trustees, enter into contracts for the hiring of nine-month and part-time employees to provide payment of annual salaries on the basis of twelve (12) equal monthly installments.
(2)
In no case shall the monthly installments under such contracts commence earlier than the first day of the month in which the employee begins work.
Acts 1983, No. 147, § 5; 1985, No. 287, § 1; 1985, No. 845, § 3; A.S.A. 1947, §§ 80-5605, 80-5605.1.
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 6-63-304 - Payroll deductions and promotional items

(a)
(1)
(A)
The governing board for each institution of higher education may permit deductions from the payrolls of the institution's employees for contributions to the various institutional fundraising, foundations, and capital campaigns of the institutions and its entities when authorized by such employees.
(B)
Provided further, that the contributions shall be strictly voluntary and in no instance shall the institutions coerce or intimidate their employees to make such contributions.
(2)
(A)
In addition to other payroll deductions authorized by law, the governing board for each institution of higher education may permit deductions from the payrolls of the institution's employees for tuition, fees, or such other items as the governing board shall approve.
(B)
No such deduction shall be allowed unless authorized in writing by the employee.
(b)
The Chief Fiscal Officer of the State shall establish for each requesting postsecondary educational institution a special appropriation line item to be used in the acquisition of promotional items. When an institution wishes to transfer moneys from its operating expenses appropriation to the promotional items line, the board of trustees shall approve the request and forward it to the Chief Fiscal Officer of the State for processing.
Acts 1993, No. 823, § 1; 1995, No. 1164, § 2.
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 6-63-306 - Additional compensation for additional duties

The state-supported institutions of higher education may pay additional compensation to employees for the performance of additional duties assigned to them at non-job-related institution-sanctioned events, provided that those additional duties are performed at times other than normal working hours.
Amended by Act 2023, No. 778,§ 2, eff. 7/1/2023.
Acts 1983, No. 147, § 11; A.S.A. 1947, § 80-5611.
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 6-63-307 - Salary restrictions - Penalties

(a)
An employee drawing a salary or other form of compensation from an institution of higher education shall not be paid an additional salary or receive additional compensation other than reimbursement for actual expenses from that institution or from any other agency or institution of higher education except upon written certification to and approval by the Commissioner of the Division of Higher Education and by the head of each agency or institution that the work performed by the employee for the other agency or institution of higher education does not interfere with the proper and required performance of the employee's primary duties and that the combined salary payments from both agencies or institutions of higher education will not exceed the larger maximum annual salary of the line item position authorized for either agency from which the employee is to be paid.
(b)
Any employee knowingly violating the provisions of this section shall be subject to immediate termination and shall be barred from employment by any agency or institution of the State of Arkansas for a period of not less than three (3) years or until the employee shall repay to the state any sums received by the employee in violation of this section, together with interest at a rate of ten percent (10%) per annum.
(c)
Any compensation received by an employee for participation in a noncredit seminar, conference, or convention sponsored by an institution of higher education that is paid from funds generated by the seminar, conference, or convention shall be excluded from the maximum salary restrictions provided for in §
6-63-303
and the salary restrictions provided for in this section.
Amended by Act 2023, No. 786,§ 24, eff. 4/12/2023.
Amended by Act 2019, No. 910,§ 2007, eff. 7/1/2019.
Amended by Act 2017, No. 365,§ 1, eff. 7/1/2017.
Acts 1983, No. 147, § 7; A.S.A. 1947, § 80-5607; Acts 1989 (3rd Ex. Sess.), No. 42, § 2; 2001, No. 1191, § 1.
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 6-63-308 - Overtime for certain positions - Limitations

(a)
(1)
The institutions of higher education are authorized to pay overtime, in critical circumstances, to those employees with job responsibilities subject to the Fair Labor Standards Act of 1938,
29 U.S.C. § 201
et seq., as existing on January 1, 2023.
(2)
The payment of overtime under this subsection shall not be considered as exceeding the line-item maximum salary for the position enumerated in the operative appropriation act for each institution.
(b)
(1)
In no event, however, shall the total of all overtime payments for any institution except the University of Arkansas for Medical Sciences, also known as UAMS, exceed in any one (1) fiscal year an amount equal to two percent (2%) of the expenditures in the immediately preceding fiscal year for regular salaries for such institution.
(2)
The total of all overtime payments for UAMS shall not exceed in any one (1) fiscal year, an amount equal to three percent (3%) of the expenditures of UAMS in the immediately preceding fiscal year for regular salaries.
Amended by Act 2023, No. 778,§ 3, eff. 7/1/2023.
Acts 1983, No. 147, § 3; A.S.A. 1947, § 80-5603.
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 6-63-309 - Academic personnel recruitment - Exceptions to maximum salary levels - Conditions - Reports

(a)
In order that exceptionally well-qualified academic personnel may be recruited and retained, each state-supported institution of higher education may exceed the maximum salary levels by no more than twenty-five percent (25%) for no more than ten percent (10%) of the positions authorized in its biennial operations appropriation act as president, chancellor, academic dean, division head or chair, department chair, distinguished professor, university professor, professor, associate professor, assistant professor, instructor, extension specialist IV, extension specialist III, extension specialist II, extension specialist I, county extension agent-chairman II, or county extension agent-chairman I.
(b)
Within the ten percent (10%) limitation provided herein, the University of Arkansas for Medical Sciences may include no more than one (1) area health education center executive director, six (6) area health education center area directors, six (6) family practice coordinators, six (6) associate family practice coordinators, and six (6) assistant family practice coordinators.
(c)
In order that exceptionally well-qualified nonacademic, nonclassified personnel may be recruited and retained, each state-supported institution of higher education may exceed the maximum salary levels by no more than twenty-five percent (25%) for no more than six percent (6%) of the positions authorized in its biennial operations appropriation act for nonacademic, nonclassified personnel, provided that amounts paid in excess of the maximum salary levels for the personnel shall not exceed two and six-tenths percent (2.6%) of the aggregate appropriated for the personnel costs during the preceding fiscal year for the institution.
(d)
Subsection (c) of this section shall not apply to athletic directors and coaches.
Acts 1983, No. 147, § 10; A.S.A. 1947, § 80-5610; Acts 1989, No. 402, § 2; 1989 (3rd Ex. Sess.), No. 25, § 1; 1989 (3rd Ex. Sess.), No. 42, § 1; 1991, No. 1089, § 2; 1995, No. 70, § 2; 2001, No. 1404, § 1.
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 6-63-311 - Special authorization and contracts - National Center for Toxicological Research

(a)
The Board of Trustees of the University of Arkansas and the Board of Trustees of the Arkansas State University system, after seeking the advice of the Legislative Council, may make a special allowance available, in such amounts as the boards may determine are justified and equitable in view of the complexities of the duties and in consideration of the competence of individual scientists, as part of the compensation of scientists employed by the University of Arkansas or Arkansas State University in connection with any contract entered into between the University of Arkansas or Arkansas State University and the United States Government or any of its departments or agencies for conducting research and educational programs connected with the National Center for Toxicological Research at Pine Bluff, if:
(1)
All of the compensation is paid from funds received by the University of Arkansas or Arkansas State University under terms of the contract;
(2)
(A)
The special allowance for any scientist and related personnel employed by the University of Arkansas for Medical Sciences shall not exceed an amount equal to one and one-half (11/2) that portion of his or her salary which could be paid from state funds if he or she were employed in a similar position, but unrelated to the National Center for Toxicological Research at Pine Bluff.
(B)
The special allowance for any scientist and related personnel employed by the other participating institutions shall not exceed an amount equal to that portion of his or her salary which could be paid from state funds if he or she were employed in a similar position, but unrelated to the National Center for Toxicological Research at Pine Bluff; and
(3)
The Division of Higher Education will be notified of when and in what amount the special allowance will be paid prior to activation of the special allowance.
(b)
In no event shall the Board of Trustees of the University of Arkansas or the Board of Trustees of the Arkansas State University system authorize or make special allowances, as provided for in this section, for more than twenty-five (25) scientist positions for the University of Arkansas for Medical Sciences nor more than ten (10) scientist positions for each of the other participating institutions.
(c)
Furthermore, the gross salaries to be received by each of the scientists referred to above shall be limited to a maximum of seventy-three thousand four hundred sixty dollars ($73,460) from all sources for each fiscal year of the biennium.
Amended by Act 2019, No. 910,§ 2008, eff. 7/1/2019.
Acts 1983, No. 147, § 13, as added by Acts 1985, No. 845, § 2; A.S.A. 1947, § 80-5613.
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 6-63-312 - Contingency appropriations - Transfers and reports

(a)
Upon approval by the Division of Higher Education and the Chief Fiscal Officer of the State, institutions of higher education may transfer appropriation from the cash contingency appropriation to any other appropriation made to the institution from cash funds and institutions may transfer appropriation from the contingency appropriation made payable from each institution's State Treasury fund to the state operations appropriation made payable from each institution's State Treasury fund.
(b)
The division shall report monthly to the Legislative Council these appropriation transfers, and the report shall include, by institution, the amounts transferred, the reasons therefor, and the source of the funds.
Amended by Act 2019, No. 910,§ 2009, eff. 7/1/2019.
Acts 1983, No. 147, § 8; A.S.A. 1947, § 80-5608; Acts 2005, No. 2124, § 31.
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 6-63-314 - Extra help restrictions

No employee of an institution of higher education who is employed as extra help may be employed for a period of time to exceed one thousand five hundred (1,500) hours per fiscal year.
Acts 1991, No. 1089, § 3; 2005, No. 251, § 1.
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 6-63-315 - Adjunct and visiting professors

Institutions of higher education shall be exempt from the provisions of §
19-4-1707
[repealed] to the extent that they shall be allowed to hire adjunct professors and visiting professors who are currently providing professional and consulting services to the State of Arkansas, providing that they are not in a position to influence decisions regarding the awarding of grants or contracts, and providing that the term of their employment with the institution of higher education does not exceed twenty-five percent (25%) of that required for a full-time employee.
Acts 1991, No. 1089, § 3.
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 6-63-316 - Reporting of salaries of administrators - Definition

(a)
As used in this section, "administrator" means an employee included as executive, administrative, or managerial on the IPEDS/EEO-6 reports.
(b)
(1)
A state-supported institution of higher education shall submit a report listing each administrator at the state-supported institution of higher education who earns a salary of one hundred thousand dollars ($100,000) or more to the Arkansas Higher Education Coordinating Board and the Division of Higher Education by July 1 each year, beginning July 1, 2010.
(2)
The report shall be posted on the division website no later than July 15 each year, beginning July 15, 2010.
(c)
The report shall include:
(1)
Each administrator's:
(A)
Name;
(B)
Position;
(C)
Salary;
(D)
Retirement matching;
(E)
Health insurance matching;
(F)
Life insurance matching; and
(G)
Social Security matching;
(2)
All special contract provisions for each administrator such as:
(A)
A house provided or a housing allowance;
(B)
A vehicle provided or a vehicle allowance;
(C)
Deferred compensations; or
(D)
Other fringe benefits not provided all employees;
(3)
The total value of each administrator's compensation package; and
(4)
The funding source for each benefit in an administrator's compensation package.
Amended by Act 2019, No. 910,§ 2010, eff. 7/1/2019.
Acts 2009, No. 321, § 1.
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 6-63-317 - Regular salary procedures and restrictions

(a)
Arkansas Constitution, Article 16, § 4, provides: "the General Assembly shall fix the salaries and fees of all officers in the State; and no greater salary or fee than that fixed by law shall be paid to any officer, employee, or other person, or at any rate other than par value; and the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law."
(b)
For any position authorized by the General Assembly for the benefit of any institution of higher education for which a maximum annual salary is set out in dollars, it is the intent of the General Assembly that the position be paid at a rate of pay not to exceed the maximum established for the position during any one (1) fiscal year and that the maximum annual salary authorized is for full-time employment.
(c)
(1)
New funding through the Revenue Stabilization Law, §
19-5-101
et seq., that is determined by the Division of Higher Education to have been for salary increases for the current fiscal year for institutions of higher education shall be used exclusively for salary increases.
(2)
New funding through the Revenue Stabilization Law, §
19-5-101
et seq., that is actually received for salary increases shall be spent exclusively for salary increases based upon the state general revenue portion of total unrestricted educational and general revenue.
(3)
(A)
Funding received under this subsection shall be used for no purposes other than to provide salary increases.
(B)
Any designated funds not used for salary increases under this subsection shall be recouped at the end of each fiscal year and transferred by the division to the General Revenue Allotment Reserve Fund.
Added by Act 2023, No. 778,§ 4, eff. 7/1/2023.
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 6-63-318 - Extra help positions

(a)
A position authorized as extra help in an institution of higher education shall be assigned a title authorized by an institution's operative appropriation act, and any person hired in an extra help position shall meet the minimum qualifications for the position.
(b)
Extra help employees of institutions shall not exceed one thousand five hundred (1,500) hours per fiscal year as set out in §
6-63-314
.
Added by Act 2023, No. 778,§ 4, eff. 7/1/2023.
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 6-63-319 - Position pools

(a)
(1)
The Division of Higher Education shall establish and maintain a central pool of four hundred (400) positions to be used to establish additional positions in an institution of higher education when an institution does not have sufficient positions available to meet unanticipated enrollment growth, industry training demands, or its mandated responsibilities.
(2)
Central pool positions shall be used by the institution if the personnel service needs exceed the number of positions authorized by the General Assembly and were not anticipated at the time of the passage of the institution's operative appropriation act.
(b)
(1)
The division shall establish and maintain a temporary transition pool of fifty (50) positions to be used to establish additional temporary positions in an institution if the institution does not have sufficient positions available to address organizational transition issues such as succession planning or other changes involving administration of the institution.
(2)
An institution shall use temporary transition pool positions only if the personnel service needs exceed the number of positions authorized by the General Assembly and were not anticipated at the time of the passage of the institution's operative appropriation bill.
(3)
A position from the temporary transition pool shall not be authorized for an institution until the specific position is:
(A)
Requested by the institution;
(B)
Recommended by the division; and
(C)
Reviewed by the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee.
(4)
Temporary transition pool positions shall be authorized for not more than one hundred eighty (180) calendar days in a fiscal year and may not be renewed or extended.
(c)
(1)
There is established a pool of three hundred (300) positions assigned to the division to be used by institutions when an institution does not have a vacant position available with the appropriate title and line-item maximum salary in its operative appropriation act.
(2)
To obtain a position from the pool under subdivision (c)(1) of this section, an institution shall surrender a position not being utilized at the time of the request.
(3)
A request for a position from the pool under subdivision (c)(1) of this section shall be fulfilled upon recommendation of the division and review by the Legislative Council or, if the General Assembly is in regular, fiscal, or extraordinary session, the Joint Budget Committee.
(d)
A position established under this section shall not exceed a salary rate of the highest maximum annual salary rate authorized by the General Assembly in the requesting institution's operative appropriation act.
Added by Act 2023, No. 778,§ 4, eff. 7/1/2023.
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 6-63-320 - Annual career service recognition payments for employees of institutions of higher education

(a)
(1)
(A)
A nonfaculty member of an institution of higher education shall become eligible for annual career service recognition payments upon completion of ten (10) or more years of service in either an elected position or a classified or nonclassified position with a state agency or an institution of higher education.
(B)
To receive the full amount authorized in subsection (c) of this section, the service shall have been in either elected positions or regular full-time positions.
(C)
Nonfaculty employees of institutions who work part-time in regular salary positions may receive annual career service recognition payments on a pro rata basis.
(2)
Periods of authorized leave without pay and leave of absence for military service when veterans' reemployment rights are exercised shall not negate eligibility for the payment, provided all other eligibility requirements are met.
(b)
The Division of Higher Education shall establish and publish policies and procedures for the administration of career service recognition payments to employees of institutions upon a determination by the Commissioner of the Division of Higher Education that the respective institution has sufficient funds available for that purpose.
(c)
Nonfaculty employees of institutions who meet eligibility requirements established by subsection (a) of this section shall become eligible for annual career service recognition payments on the anniversary date of the completion of such service according to the following schedule:
STATE SERVICE
ANNUAL PAYMENT
10 through 14 years of state service
$ 800
15 through 19 years of state service
$ 1,000
20 through 24 years of state service
$ 1,200
25 or more years of state service
$ 1,500
(d)
Career service recognition payments authorized by this section are:
(1)
Subject to withholding of all applicable state and federal taxes; and
(2)
Included by retirement systems in determining benefits.
Added by Act 2023, No. 778,§ 4, eff. 7/1/2023.
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 6-63-321 - Overtime, incentives, and differentials for direct and indirect unclassified patient care personnel at University of Arkansas for Medical Sciences

(a)
All unclassified positions employed to provide or support patient care at the University of Arkansas for Medical Sciences are eligible for overtime at the rate of one and one-half (11/2) times their regular hourly rate.
(b)
In addition to overtime, unclassified direct and indirect patient care employees scheduled to work shifts outside of normal operating schedules may be eligible to receive up to twenty-four percent (24%) of the hourly rate paid as a shift differential.
(c)
(1)
All unclassified positions employed to provide or support patient care at the University of Arkansas for Medical Sciences shall be eligible to receive incentive pay not to exceed one and two-tenths (1.2) times their base hourly rate.
(2)
All unclassified employees required to work in specialty areas shall be eligible to receive up to ten percent (10%) of the hourly rate paid as a specialty differential while working in such areas.
(d)
(1)
When overtime, shift differentials, standby pay, incentive pay, or specialty differentials are provided to employees as stated in this section, the total may exceed the line item maximum salaries for those positions.
(2)
This section does not apply to the positions of Patient Care Administrator, Associate Administrator, or Assistant Administrator of Patient Care.
(e)
(1)
In addition, the Board of Trustees of the University of Arkansas for Medical Sciences may also make special compensation allowances available, in such amounts as the board may determine or justify equitable in view of the current requirements for registered nurses in the Clinical Programs of the University of Arkansas for Medical Sciences and the availability of registered nurses for employment in the Little Rock metropolitan area.
(2)
However, the special compensation allowances approved by the board for a single individual shall not exceed the state line item maximum by more than twenty percent (20%) for those positions.
Added by Act 2023, No. 875,§ 35, eff. 7/1/2023.