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Arkansas Tech seeks inclusion in construction‑manager exemption; committee approves bill

EDUCATION COMMITTEE - SENATE · January 27, 2021
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Summary

The committee approved Senate Bill 83 to add Arkansas Tech University to legislation that allows colleges to use certain construction‑management arrangements on projects over $5 million; Arkansas Tech’s finance executive said the school seeks parity with other institutions.

Senate Bill 83, presented to the Education Committee on behalf of Senator Davis, would add Arkansas Tech University to existing law that allows eligible colleges and universities to use specified construction‑management procedures for projects exceeding $5,000,000.

Linda Bergner, associate vice president for administration and finance at Arkansas Tech, testified that the university was omitted from the original legislation and seeks inclusion so it can use the same construction‑manager arrangements other institutions already employ. "We were left out of the original legislation," Bergner said, and the school is requesting parity so it can pursue construction projects under the same authorities as peers.

Committee members asked whether the statute creates any policy or oversight requirements for selection of construction managers, minority‑hiring expectations, or bonding and financing. Bergner said Arkansas Tech has not yet drafted specific policies because the authority is a precondition to bringing policy to the university board; she said the original legislation encouraged colleges to adopt similar policies and Arkansas Tech will look to existing examples.

Senators voiced caution about ensuring construction managers do not become a vehicle to evade minority‑hiring or contracting obligations. The sponsor and committee discussed safeguards and emphasized adherence to state selection and contracting rules.

The committee voted to pass SB83 on a voice vote. Senator Elliott stepped in to present the bill in Senator Davis’s absence and closed in support of adding Arkansas Tech.

What’s next: The measure passed the committee and will go forward for additional Senate consideration; if enacted, Arkansas Tech would adopt policies and procedures required to qualify for the exemption.

Sources: Committee transcript; testimony by Linda Bergner (Arkansas Tech).