Arkansas 2023 Regular Session

Arkansas House Bill HB1468 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 542 of the Regular Session
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4	3
5	4		State of Arkansas As Engrossed: H3/7/23 H3/15/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1468 3
8	7		4
9	8		By: Representatives Long, Richmond, Bentley, Breaux, Joey Carr, Crawford, Lundstrum, McAlindon, 5
10	9		McClure, Milligan, Rose, Rye 6
11	10		By: Senator M. Johnson 7
12	11		8
13	12		For An Act To Be Entitled 9
14	13		AN ACT TO CREATE THE GIVEN NAME ACT; TO P ROTECT 10
15	14		FACULTY MEMBERS, TEA CHERS, AND EMPLOYEES OF PUBLIC 11
16	15		SCHOOLS AND STATE-SUPPORTED INSTITUTIO NS OF HIGHER 12
17	16		EDUCATION FROM COMPE LLED SPEECH; TO PROH IBIT 13
18	17		REQUIRING FACULTY ME MBERS, TEACHERS, AND EMPLOYEES OF 14
19	18		PUBLIC SCHOOLS AND S TATE-SUPPORTED INSTITUTIO NS OF 15
20	19		HIGHER EDUCATION TO USE A PERSON'S PREFERRED PRONOUN, 16
21	20		NAME, OR TITLE WITHO UT PARENTAL CONSENT; AND FOR 17
22	21		OTHER PURPOSES. 18
23	22		19
24	23		20
25	24		Subtitle 21
26	25		TO CREATE THE GIVEN NAME ACT; AND TO 22
27	26		PROHIBIT REQUIRING EMPLOYEES OF PUBLIC 23
28	27		SCHOOLS AND STATE-SUPPORTED INSTITUTIONS 24
29	28		OF HIGHER EDUCATION TO USE A PERSON'S 25
30	29		PREFERRED PRONOUN, NAME, OR TITLE WITHOUT 26
31	30		PARENTAL CONSENT. 27
32	31		28
33	32		29
34	33		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30
35	34		31
36	35		SECTION 1. Arkansas Code Title 6, Chapter 1, Subchapter 1, is amended 32
37	36		to add an additional section to read as follows: 33
38	37		6-1-108. Given Name Act — Protection against compelled speech. 34
39	38		(a) This section shall be known and may be cited as the "Given Name 35
40	39		Act". 36 As Engrossed: H3/7/23 H3/15/23 HB1468
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45	44		(b) The General Assembly finds that: 1
46	45		(1) Faculty members, teachers, and employees of public schools 2
47	46		and state-supported institutions of higher education do not shed their 3
48	47		constitutional rights to freedom of speech or expression at work; 4
49	48		(2) Protecting the right to free speech for faculty members, 5
50	49		teachers, and employees promotes three (3) important interests, wh ich 6
51	50		include: 7
52	51		(A) Students' interests in receiving informed opinions on 8
53	52		matters of public concern; 9
54	53		(B) Faculty members', teachers', and employees' rights to 10
55	54		disseminate their own opinions; and 11
56	55		(C) The public's interest in exposing our children a nd 12
57	56		future leaders to different viewpoints; and 13
58	57		(3) The selection and use of pronouns in classrooms, on 14
59	58		campuses, and elsewhere is a matter of free speech and academic freedom 15
60	59		because it communicates a message on a matter of public concern and shapes 16
61	60		classroom discussions and debates, and is not merely an administrative or 17
62	61		ministerial act by faculty members, teachers, and employees of public schools 18
63	62		and state-supported institutions of higher education. 19
64	63		(c) As used in this section, "school" includes: 20
65	64		(1) A public school or school district; 21
66	65		(2) An open-enrollment public charter school; and 22
67	66		(3) A state-supported institution of higher education. 23
68	67		(d) A faculty member, teacher, or other employee of a school, 24
69	68		regardless of the scope of his or her official duties: 25
70	69		(1) Shall not address an unemancipated minor or student with a: 26
71	70		(A) Pronoun or title that is inconsistent with the 27
72	71		unemancipated minor's or student's biological sex unless the faculty member, 28
73	72		teacher, or other employee of a school h as the written permission of the 29
74	73		unemancipated minor's or student's parent, legal guardian, or person standing 30
75	74		in loco parentis to the unemancipated minor or student if the unemancipated 31
76	75		minor or student is under eighteen (18) years of age; or 32
77	76		(B) Name other than the name listed on the unemancipated 33
78	77		minor's or student's birth certificate, or a derivative of the name listed on 34
79	78		the unemancipated minor's or student's birth certificate, without the written 35
80	79		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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85	84		or person standing in loco parentis to the unemancipated minor or student if 1
86	85		the unemancipated minor or student is under eighteen (18) years of age; and 2
87	86		(2) Notwithstanding subdivision (d)(1) of this section, shall 3
88	87		not be subject to adverse employment action for declining to address a person 4
89	88		using a: 5
90	89		(A) Name other than the name listed on the person's birth 6
91	90		certificate; or 7
92	91		(B) Pronoun or title that is inconsistent with the 8
93	92		person's biological sex. 9
94	93		(e) A student shall n ot be subject to any disciplinary action for 10
95	94		declining to address a person using a: 11
96	95		(A) Name other than the name listed on the person's birth 12
97	96		certificate; or 13
98	97		(B) Pronoun or title that is inconsistent with the 14
99	98		person's biological sex. 15
100	99		(f) A person who is harmed by a violation of this section may bring a 16
101	100		cause of action for: 17
102	101		(1) Injunctive relief; 18
103	102		(2) Monetary damages; 19
104	103		(3) Reasonable attorney's fees and costs; and 20
105	104		(4) Any other appropriate relief. 21
106	105		22
107	106		/s/Long 23
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110		-	~~APPROVED: 4/11/23~~ 26
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