Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 71 3
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By: Senator D. Sullivan 5
By: Representative Richmond 6
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For An Act To Be Entitled 8
AN ACT TO PROHIBIT D ISCRIMINATION OR PRE FERENTIAL 9
TREATMENT BY THE STA TE OF ARKANSAS AND O THER PUBLIC 10
ENTITIES; AND FOR OT HER PURPOSES. 11
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Subtitle 14
TO PROHIBIT DISCRIMINATION OR 15
PREFERENTIAL TREATMENT BY THE STATE OF 16
ARKANSAS AND OTHER PUBLIC ENTITIES. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code Title 25, Chapter 1, Subchapter 1, is amended 22
to add an additional section to read as follows: 23
25-1-126. Prohibition of discrimination or preferential treatment by 24
state entities. 25
(a) As used in this section, "state" means the State of Arkansas, a 26
city, a county, an institution of higher education, a pu blic school district, 27
a public special school district, or a political subdivision or governmental 28
instrumentality of the state. 29
(b) The state shall not discriminate against, or grant preferential 30
treatment to, an individual or group on the basis of race , gender, color, 31
ethnicity, or national origin in matters of state employment, public 32
education, or state procurement. 33
(c) This section applies only to an action taken after the effective 34
date of this act. 35
(d) This section does not: 36 SB71
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(1) Prohibit the consideration by the state of bona fide 1
qualifications based on gender that are reasonably necessary to the normal 2
functions of state employment, public education, or state procurement; 3
(2) Invalidate a court order or consent decree that is in force 4
as of the effective date of this act; 5
(3) Prohibit an action necessary to establish or maintain 6
eligibility for a federal program if ineligibility would demonstrably result 7
in a loss of federal funds to the state; or 8
(4) Preempt state discrimination l aw or federal discrimination 9
law. 10
(e) A person who negligently violates this section is guilty of a 11
Class A misdemeanor. 12
(f)(1) A person who believes his or her rights have been impacted 13
under this section may bring a civil action in circuit court to: 14
(A) Enjoin a violation of this section; and 15
(B) Recover reasonable court costs and attorney's fees. 16
(2) In an action brought under this section, if the court finds 17
that a violation occurred, the court shall award: 18
(A) Injunctive relief; and 19
(B) Court costs and attorney's fees. 20
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