§ 6-53-602 — Formation of proposed district

(a) (1) Upon request of the local board of a technical college or the Arkansas Higher Education Coordinating Board acting as a local board of a technical college, the Arkansas Higher Education Coordinating Board shall determine whether formation of a proposed technical college district is feasible according to criteria established by the Arkansas Higher Education Coordinating Board for the formation of a technical college district. (2) The boundaries of the technical college district are to be determined by the local board or the Arkansas Higher Education Coordinating Board acting as the local board. (b) (1) Within ten (10) calendar days after the Arkansas Higher Education Coordinating Board determines that the formation of a proposed district is feasible, the local board or the Arkansas Higher Education Coordinating Board acting as the local board shall notify the county board of election commissioners in each county of which any portion is in the proposed technical college district that an election will be held to determine whether the district shall be formed and whether an ad valorem tax shall be levied on property in the district to fund site acquisition, construction, equipping, and operation of the college. (2) (A) The local board or acting local board shall issue a proclamation and set a date for the election under § 7-11-201 et seq. (B) The local board or acting local board shall publish the proclamation at least ninety (90) days before the election date. (3) The local board or acting local board shall specify the wording of the ballot to be used for the election utilizing appropriate language similar to that found in § 6-61-513(c) , and the county boards of election commissioners shall conduct the election in the manner provided by law for special elections. (c) (1) Except as provided in subdivision (c)(2) of this section, if the establishment of a proposed technical college district fails because of an adverse vote by a majority of the qualified electors of the proposed district voting thereon at the election, no new election for the establishment thereof shall be held within a period of one (1) year after the date of the election. (2) (A) If the formation of a proposed technical college district fails and the majority of votes cast in one (1) or more counties or cities in a proposed district were against the formation of the district, the local board or acting local board may notify the county boards of election commissioners that an election will be held on the issue of forming a proposed district that does not include the county, city, counties, or cities in which the issue failed. (B) The local board or acting local board shall issue a proclamation and set a date for the election in accordance with § 7-11-201 et seq. (C) The procedures for an election to form a proposed reconstituted district shall be identical to the procedures for an election to establish a technical college district. (d) (1) If the local board or acting local board of a technical college determines that the question of a tax levy in the technical college district should be submitted to the electors after the district is formed, it shall certify the millage requested to the county board of election commissioners of each county of which any portion is in the technical college district. (2) The county boards shall place the question of the levy on the ballot at the next general election if the date of the general election is not less than sixty (60) calendar days after the county boards receive certification from the local board or acting local board. (3) In the alternative, the local board or acting local board may set a date for a special election in accordance with § 7-11-201 et seq. (4) The special election shall be conducted in the manner provided by law for other special elections.

Legislative History

Amended by Act 2021, No. 610,§ 5, eff. 1/1/2022. Acts 1993, No. 945, § 1; 1997, No. 1114, § 12; 2005, No. 2145, § 7; 2007, No. 1049, § 9; 2009, No. 376, § 54; 2009, No. 1480, §§ 7-9.