Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas As Engrossed: H3/7/23 H3/15/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1468 3
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By: Representatives Long, Richmond, Bentley, Breaux, Joey Carr, Crawford, Lundstrum, McAlindon, 5
McClure, Milligan, Rose, Rye 6
By: Senator M. Johnson 7
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For An Act To Be Entitled 9
AN ACT TO CREATE THE GIVEN NAME ACT; TO P ROTECT 10
FACULTY MEMBERS, TEA CHERS, AND EMPLOYEES OF PUBLIC 11
SCHOOLS AND STATE-SUPPORTED INSTITUTIO NS OF HIGHER 12
EDUCATION FROM COMPE LLED SPEECH; TO PROH IBIT 13
REQUIRING FACULTY ME MBERS, TEACHERS, AND EMPLOYEES OF 14
PUBLIC SCHOOLS AND S TATE-SUPPORTED INSTITUTIO NS OF 15
HIGHER EDUCATION TO USE A PERSON'S PREFERRED PRONOUN, 16
NAME, OR TITLE WITHO UT PARENTAL CONSENT; AND FOR 17
OTHER PURPOSES. 18
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Subtitle 21
TO CREATE THE GIVEN NAME ACT; AND TO 22
PROHIBIT REQUIRING EMPLOYEES OF PUBLIC 23
SCHOOLS AND STATE-SUPPORTED INSTITUTIONS 24
OF HIGHER EDUCATION TO USE A PERSON'S 25
PREFERRED PRONOUN, NAME, OR TITLE WITHOUT 26
PARENTAL CONSENT. 27
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30
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SECTION 1. Arkansas Code Title 6, Chapter 1, Subchapter 1, is amended 32
to add an additional section to read as follows: 33
6-1-108. Given Name Act — Protection against compelled speech. 34
(a) This section shall be known and may be cited as the "Given Name 35
Act". 36 As Engrossed: H3/7/23 H3/15/23 HB1468
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(b) The General Assembly finds that: 1
(1) Faculty members, teachers, and employees of public schools 2
and state-supported institutions of higher education do not shed their 3
constitutional rights to freedom of speech or expression at work; 4
(2) Protecting the right to free speech for faculty members, 5
teachers, and employees promotes three (3) important interests, wh ich 6
include: 7
(A) Students' interests in receiving informed opinions on 8
matters of public concern; 9
(B) Faculty members', teachers', and employees' rights to 10
disseminate their own opinions; and 11
(C) The public's interest in exposing our children a nd 12
future leaders to different viewpoints; and 13
(3) The selection and use of pronouns in classrooms, on 14
campuses, and elsewhere is a matter of free speech and academic freedom 15
because it communicates a message on a matter of public concern and shapes 16
classroom discussions and debates, and is not merely an administrative or 17
ministerial act by faculty members, teachers, and employees of public schools 18
and state-supported institutions of higher education. 19
(c) As used in this section, "school" includes: 20
(1) A public school or school district; 21
(2) An open-enrollment public charter school; and 22
(3) A state-supported institution of higher education. 23
(d) A faculty member, teacher, or other employee of a school, 24
regardless of the scope of his or her official duties: 25
(1) Shall not address an unemancipated minor or student with a: 26
(A) Pronoun or title that is inconsistent with the 27
unemancipated minor's or student's biological sex unless the faculty member, 28
teacher, or other employee of a school h as the written permission of the 29
unemancipated minor's or student's parent, legal guardian, or person standing 30
in loco parentis to the unemancipated minor or student if the unemancipated 31
minor or student is under eighteen (18) years of age; or 32
(B) Name other than the name listed on the unemancipated 33
minor's or student's birth certificate, or a derivative of the name listed on 34
the unemancipated minor's or student's birth certificate, without the written 35
permission of the unemancipated minor's or student' s parent, legal guardian, 36 As Engrossed: H3/7/23 H3/15/23 HB1468
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or person standing in loco parentis to the unemancipated minor or student if 1
the unemancipated minor or student is under eighteen (18) years of age; and 2
(2) Notwithstanding subdivision (d)(1) of this section, shall 3
not be subject to adverse employment action for declining to address a person 4
using a: 5
(A) Name other than the name listed on the person's birth 6
certificate; or 7
(B) Pronoun or title that is inconsistent with the 8
person's biological sex. 9
(e) A student shall n ot be subject to any disciplinary action for 10
declining to address a person using a: 11
(A) Name other than the name listed on the person's birth 12
certificate; or 13
(B) Pronoun or title that is inconsistent with the 14
person's biological sex. 15
(f) A person who is harmed by a violation of this section may bring a 16
cause of action for: 17
(1) Injunctive relief; 18
(2) Monetary damages; 19
(3) Reasonable attorney's fees and costs; and 20
(4) Any other appropriate relief. 21
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/s/Long 23
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