§ 19-5-1076 - Higher Education Tuition Adjustment Fund.
               	 		
19-5-1076.    Higher Education Tuition Adjustment Fund.
    (a)  The  Higher Education Tuition Adjustment Fund is hereby created upon the  books of the Treasurer of State, the Auditor of State, and the Chief  Fiscal Officer of the State. The fund shall consist of such revenues  allocated to it by law.
(b)  It is  the intent of the General Assembly that the fund ensures that bona fide  Arkansas income taxpayers, and their dependents, who are residents of a  bordering state in a contiguous county to the Arkansas state line, which  is contiguous to a county where an institution of higher education is  located receive the same higher education opportunities as all other  said taxpayers.
(c)    (1)  In  establishing this policy, it is the intent of the General Assembly that  taxpayers should have affordable access to the state's higher education  institutions.
      (2)  Further, the  Department of Higher Education will require each institution to track  and report the number of qualifying students each year.
      (3)  A  list of students who benefit from the out-of-state tuition waiver,  including their social security number or their Arkansas taxpaying  parents' or guardians' names and social security numbers, will be  furnished by the Department of Higher Education to the Department of  Finance and Administration for confirmation that they or their parents  are employed in Arkansas at a wage in excess of five thousand five  hundred dollars ($5,500) per annum.
      (4)  Documentation  should be either an official W-2 form from an Arkansas employer  reflecting wages of at least five thousand five hundred dollars ($5,500)  in the tax year prior to enrollment in college or official employer  verification of a current year salary minimum of at least five thousand  five hundred dollars ($5,500), which the college will keep on file for  enrollment audit purposes.
(d)    (1)  The  Director of the Department of Higher Education shall determine the  difference between the amount of tuition revenue which would have been  generated by charging the Arkansas Higher Education Coordinating  Board-approved out-of-state tuition rate to said students as compared to  approved in-state or out-of-district rates.
      (2)  Upon  such determination, the Director of the Department of Higher Education  shall certify to the Chief Fiscal Officer of the State and the Treasurer  of State such amounts as are required to be transferred from the Higher  Education Tuition Adjustment Fund.
      (3)  Upon  receiving such certification, the Chief Fiscal Officer of the State and  the Treasurer of State shall cause to be transferred the necessary  funds and appropriation to the fund account of the institution receiving  such certification from the Director of the Department of Higher  Education.