Arkansas 2023 Regular Session

Arkansas Senate Bill SB71 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		-	MLD025 ~~04-04~~-2023 10:34:26 MLD025
	2	+	MLD025 02-27-2023 09:55:09 MLD025
3	3
4		-	State of Arkansas S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ 1
	4	+	State of Arkansas S2/1/23 S2/9/23 S2/27/23 1
5	5		94th General Assembly A Bill 2
6	6		Regular Session, 2023 SENATE BILL 71 3
7	7		4
8	8		By: Senator D. Sullivan 5
9	9		By: Representative Gonzales 6
10	10		7
11	11		For An Act To Be Entitled 8
12	12		AN ACT TO PROHIBIT D ISCRIMINATION OR PRE FERENTIAL 9
13	13		TREATMENT BY THE STA TE OF ARKANSAS AND O THER PUBLIC 10
14	14		ENTITIES; AND FOR OT HER PURPOSES. 11
15	15		12
16	16		13
17	17		Subtitle 14
18	18		TO PROHIBIT DISCRIMINATION OR 15
19	19		PREFERENTIAL TREATMENT BY THE STATE OF 16
20	20		ARKANSAS AND OTHER PUBLIC ENTITIES. 17
21	21		18
22	22		19
23	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
24	24		21
25	25		SECTION 1. Arkansas Code § 3 -4-223 is amended to read as follows: 22
26	26		3-4-223. Diversity in ownership and financial interest. 23
27	27		When issuing a permit under Title 3 of the Arkansas Code, the Alcoholic 24
28	28		Beverage Control Division shall consider lack of diversity in ownership and 25
29	29		financial interest in the geographic area at issue in the p ermit application 26
30	30		the benefit to consumers of competition . 27
31	31		28
32	32		SECTION 2. Arkansas Code § 6 -10-111 is amended to read as follows: 29
33	33		6-10-111. Equity Equality Assistance Center. 30
34	34		(a) The Division of Elementary and Secondary Education is authorized 31
35	35		to establish a special section within its organization, to be known as the 32
36	36		Equity Equality Assistance Center, designed to provide assistance to the 33
37	37		school districts of the state in such activities as affirmative action, 34
38	38		program accessibility, human relations, awaren ess, and desegregation and 35
39		-	nondiscrimination. 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	39	+	nondiscrimination. 36 S2/1/23 S2/9/23 S2/27/23 SB71
40	40
41		-	2 ~~04-04~~-2023 10:34:26 MLD025
	41	+	2 02-27-2023 09:55:09 MLD025
42	42
43	43
44	44		(b) This assistance shall include on -site visits, workshops, program 1
45	45		review, and any other special activity which might enable the school 2
46	46		districts of the state to more effectively meet their civil rights 3
47	47		desegregation and nondiscrimination responsibilities. 4
48	48		(c)(1) The center created by this section shall be the liaison for the 5
49	49		division with the United States Office for Civil Rights. 6
50	50		(2) The center shall maintain manuals, guidelines, procedures, 7
51	51		and other informational materials setting requirements in the area of civil 8
52	52		rights desegregation and nondiscrimination and describing how determination 9
53	53		of compliance is made. 10
54	54		(d) Annually, each local school district in the state shall provide 11
55	55		the center assurances of compliance with civil rights desegregation and 12
56	56		nondiscrimination responsibilities in the form and at the time as is 13
57	57		designated by the Commissioner of Elementary and Secondary Edu cation. 14
58	58		(e) The division may withhold state aid from any school district that 15
59	59		fails to file its assurance of compliance with civil rights desegregation and 16
60	60		nondiscrimination responsibilities by October 15 each year or fails to file 17
61	61		any other information with a published deadline requested from school 18
62	62		districts by the center so long as thirty (30) calendar days are given 19
63	63		between the request for the information and the published deadline, except 20
64	64		that thirty (30) days notice shall not be required when the re quest comes 21
65	65		from a member or committee of the General Assembly. 22
66	66		(f) The division is authorized to develop forms and promulgate 23
67	67		appropriate rules and procedures as may be required to implement the 24
68	68		provisions of this section. 25
69	69		26
70	70		SECTION 3. Arkansas Code § 6-15-202(f)(1), concerning school 27
71	71		accreditation, development of rules, criteria, and standards, is amended to 28
72	72		read as follows: 29
73	73		(1) Section 6-10-111(d)-(f) concerning the Equity Equality 30
74	74		Assistance Center; 31
75	75		32
76	76		SECTION 4. Arkansas Code Title 6, Chapter 17 , Subchapter 19, is 33
77	77		repealed. 34
78	78		6-17-1901. Teacher and administrator recruitment and retention plan. 35
79		-	(a) By August 1, 2022, each public school district and open -enrollment 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	79	+	(a) By August 1, 2022, each public school district and open -enrollment 36 S2/1/23 S2/9/23 S2/27/23 SB71
80	80
81		-	3 ~~04-04~~-2023 10:34:26 MLD025
	81	+	3 02-27-2023 09:55:09 MLD025
82	82
83	83
84	84		public charter school in the state shall prepare a three -year teacher and 1
85	85		administrator recruitment and retention plan. 2
86	86		(b) The plan shall set forth goals for: 3
87	87		(1) The recruitment and retention of teachers and administrators 4
88	88		of minority races and ethnicities who increase diversity among the district 5
89	89		staff and, at a minimum, reflect the racial and ethnic diversity of the 6
90	90		district's students; and 7
91	91		(2) Increasing the number of students who pursue careers in 8
92	92		education with an emphasis on students of minority races and ethnicities. 9
93	93		(c) A school district shall review annually the: 10
94	94		(1) Recruitment and retention plan; and 11
95	95		(2) Progress of the school district in meeting the goals 12
96	96		established pursuant to subsection (b) of this section. 13
97	97		(d) The plan shall be: 14
98	98		(1) Updated annually; and 15
99	99		(2) Posted on the school district's or open-enrollment public 16
100	100		charter school's website no later than August 1 of each year. 17
101	101		18
102	102		6-17-1902. Equity Assistance Center — Coordination and contents of 19
103	103		plan. 20
104	104		(a) The Equity Assistance Center shall provide technical assistance, 21
105	105		guidance, and support to public school districts and public open -enrollment 22
106	106		charter schools in developing recruitment and retention plans and setting and 23
107	107		meeting annual goals. 24
108	108		(b)(1) Each public school district and open -enrollment public charter 25
109	109		school shall designate an employe e to coordinate the implementation and 26
110	110		review of the public school district's and open -enrollment public charter 27
111	111		school's recruitment and retention plan. 28
112	112		(2) The designated equity assistance coordinator in each public 29
113	113		school district and open -enrollment public charter school may serve as the 30
114	114		coordinator of the public school district's and open -enrollment public 31
115	115		charter school's recruitment and retention plan. 32
116	116		(c) The teacher and administrator recruitment and retention plan shall 33
117	117		include, but not be lim ited to, the following information: 34
118	118		(1) The annual goals of the public school district or open -35
119		-	enrollment public charter school established pursuant to § 6 -17-1901(b); 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	119	+	enrollment public charter school established pursuant to § 6 -17-1901(b); 36 S2/1/23 S2/9/23 S2/27/23 SB71
120	120
121		-	4 ~~04-04~~-2023 10:34:26 MLD025
	121	+	4 02-27-2023 09:55:09 MLD025
122	122
123	123
124	124		(2) The actions and steps the public school district or open -1
125	125		enrollment public cha rter school has taken and will take to meet each of the 2
126	126		public school district's and open -enrollment public charter school's goals; 3
127	127		(3) The progress of the public school district or open -4
128	128		enrollment public charter school in meeting each of the public sch ool 5
129	129		district's and open-enrollment public charter school's goals; 6
130	130		(4) The evaluative methods the public school district or open -7
131	131		enrollment public charter school will use to measure progress towards meeting 8
132	132		the public school district's or open -enrollment public charter school's 9
133	133		goals; 10
134	134		(5) If the public school district or open -enrollment public 11
135	135		charter school did not meet the public school district's or open -enrollment 12
136	136		public charter school's goals for the previous reporting period, the public 13
137	137		school district or open-enrollment public charter school shall state the 14
138	138		reasons for not meeting the goals and the steps the public school district or 15
139	139		open-enrollment public charter school will take to overcome the reasons for 16
140	140		not meeting the goals; 17
141	141		(6) The steps the public school district or open -enrollment 18
142	142		public charter school will take to encourage students to pursue a career in 19
143	143		education, including steps specific to students of minority races and 20
144	144		ethnicities; 21
145	145		(7) Public school district or open -enrollment public charter 22
146	146		school teacher and administrator recruitment and retention data to show the: 23
147	147		(A) Racial and ethnic composition of teachers and 24
148	148		administrators employed by the public school district or open -enrollment 25
149	149		public charter school for each of the previous three (3) years; and 26
150	150		(B) Effectiveness of the plan; and 27
151	151		(8) The racial and ethnic composition of the student body and 28
152	152		the racial and ethnic composition of the residents of the public school 29
153	153		district or open-enrollment public charter school . 30
154	154		(d) The State Board of Education may promulgate rules necessary for 31
155	155		implementation of this subchapter. 32
156	156		33
157	157		6-17-1903. Department of Education — Minority Teacher and Administrator 34
158	158		Preparation and Recruitment Strategic Plan. 35
159		-	(a)(1) The Department of ~~Education~~ shall set goals for increasing the 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	159	+	(a)(1) The Department of Educ ation shall set goals for increasing the 36 S2/1/23 S2/9/23 S2/27/23 SB71
160	160
161		-	5 ~~04-04~~-2023 10:34:26 MLD025
	161	+	5 02-27-2023 09:55:09 MLD025
162	162
163	163
164	164		number of teachers and administrators of minority races and ethnicities in 1
165	165		this state. 2
166	166		(2)(A) The Division of Higher Education shall collaborate with 3
167	167		the State Board of Education, local universities, colleges, pu blic school 4
168	168		districts, and open-enrollment public charter schools to develop a strategic 5
169	169		plan for increasing the number of teachers and administrators of minority 6
170	170		races and ethnicities in this state. 7
171	171		(B) The Minority Teacher and Administrator Preparati on and 8
172	172		Recruitment Strategic Plan shall include without limitation recommendations 9
173	173		to institutions with educator preparation programs on ways to: 10
174	174		(i) Identify methods for increasing the percentage 11
175	175		of teachers and administrators of minority races and ethnicities in 12
176	176		proportion to the number of students of minority races and ethnicities in 13
177	177		this state; and 14
178	178		(ii) Establish programs to identify and recruit 15
179	179		individuals of minority races and ethnicities who have already earned college 16
180	180		degrees in other job fields to become teachers and administrators. 17
181	181		(b) The division shall: 18
182	182		(1) Promote educator preparation programs that increase the 19
183	183		percentage of individuals of minority races and ethnicities who enter and 20
184	184		successfully complete a four -year educator preparatory program and provide 21
185	185		support to students of minority races and ethnicities who meet the 22
186	186		requirements for entering educator preparation programs; and 23
187	187		(2) Submit a report no later than July 1, 2022, and every two 24
188	188		(2) years following to the House C ommittee on Education and the Senate 25
189	189		Committee on Education. 26
190	190		27
191	191		SECTION 5. Arkansas Code § 6 -60-703(b)(3), concerning the 28
192	192		Comprehensive Arkansas Higher Education Annual Report, is repealed. 29
193	193		(3) Every five (5) years, beginning in 2015: 30
194	194		(A) Minority retention plans, § 6 -61-122; and 31
195	195		(B) Affirmative action program plans, § 6 -63-103(c). 32
196	196		33
197	197		SECTION 6. Arkansas Code § 6 -61-122 is repealed. 34
198	198		6-61-122. Higher education minority retention programs — Establishment 35
199		-	— Reports. 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	199	+	— Reports. 36 S2/1/23 S2/9/23 S2/27/23 SB71
200	200
201		-	6 ~~04-04~~-2023 10:34:26 MLD025
	201	+	6 02-27-2023 09:55:09 MLD025
202	202
203	203
204	204		(a) All state-supported colleges and universities shall establish a 1
205	205		program for the retention of blacks and other members of minority groups as 2
206	206		students, faculty, and staff. Retention action plans shall be prepared on a 3
207	207		continuing basis for future five -year periods. 4
208	208		(b) Each state-supported college and university shall annually prepare 5
209	209		a progress report on the steps that have been taken to reach the goals of the 6
210	210		plan. The report shall include information relative to students, faculty, and 7
211	211		staff within the institution. 8
212	212		(c) Copies of each institution's five -year plan and annual report 9
213	213		shall be filed by June 30 with the Division of Higher Education, the board of 10
214	214		trustees of the institution, the House Committee on Education and the Senate 11
215	215		Committee on Education, and the board of visitor s of the institution, if 12
216	216		applicable. 13
217	217		(d) The division shall develop appropriate forms for reporting and 14
218	218		shall monitor the retention plans and annual reports. 15
219	219		(e) In carrying out the retention action plans, each institution shall 16
220	220		provide for a part-time or full-time employee by reassignment, appointment, 17
221	221		or employment to assist the institution in the retention of blacks and 18
222	222		members of other minority groups for faculty and staff positions. 19
223	223		20
224	224		SECTION 7. Arkansas Code § 6 -63-103 is repealed. 21
225	225		6-63-103. Affirmative action programs — Plans — Annual reports. 22
226	226		(a)(1) Each state-supported institution of higher education shall 23
227	227		prepare an affirmative action program for the recruitment of African -24
228	228		Americans and other members of minorities for faculty and staff posi tions and 25
229	229		for enrollment as students. 26
230	230		(2) Affirmative action plans shall be prepared on a continuing 27
231	231		basis for future five -year periods. 28
232	232		(b)(1) Each state-supported institution of higher education shall 29
233	233		prepare annually a summary report on the steps t hat have been taken to reach 30
234	234		the goals of the plan. 31
235	235		(2) The report shall: 32
236	236		(A) Include information on the progress made by each 33
237	237		institution for the various levels of employment within the institution; and 34
238	238		(B) Be presented in a table format limite d to no more than 35
239		-	five (5) pages. 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	239	+	five (5) pages. 36 S2/1/23 S2/9/23 S2/27/23 SB71
240	240
241		-	7 ~~04-04~~-2023 10:34:26 MLD025
	241	+	7 02-27-2023 09:55:09 MLD025
242	242
243	243
244	244		(c) Copies of the five -year plan and annual reports summaries of each 1
245	245		institution of higher education shall be included in the Comprehensive 2
246	246		Arkansas Higher Education Annual Report, filed with the Governor, the 3
247	247		Division of Higher Education, the president and board of trustees of the 4
248	248		institution, the board of visitors of the institution, if applicable, and the 5
249	249		House Committee on Education and the Senate Committee on Education. 6
250	250		(d) In carrying out the affirmative action p lans, each institution of 7
251	251		higher education shall provide for a part -time or full-time employee to 8
252	252		assist the institution in the recruitment of African -Americans and other 9
253	253		members of minorities for faculty and staff positions and for enrollment as 10
254	254		students. 11
255	255		12
256	256		SECTION 8. Arkansas Code § 6 -82-1501 is amended to read as follows: 13
257	257		6-82-1501. Title. 14
258	258		This subchapter shall be known and may be cited as the “Arkansas 15
259	259		Geographical Critical Needs Minority Teacher Scholarship Program Act of 16
260	260		2001”. 17
261	261		18
262	262		SECTION 9. Arkansas Code § 6-82-1502 is amended to read as follows: 19
263	263		6-82-1502. Program established — Purpose. 20
264	264		(a) There is established the Critical Needs Minority Teacher 21
265	265		Scholarship Program. 22
266	266		(b) The purpose of the program is to attract qualified minority 23
267	267		teachers to the Delta and those geographical areas of the state where there 24
268	268		exists a critical shortage of teachers by awarding scholarships to minorities 25
269	269		individuals declaring an intention to serve in the teaching field who 26
270	270		actually render service to this state while possessing an appropriate 27
271	271		teaching license. 28
272	272		29
273	273		SECTION 10. Arkansas Code § 6 -82-1503(a) and (b), concerning the 30
274	274		eligibility for scholarships, are amended to read as follows: 31
275	275		(a)(1) The term “minority” when used in this subchapter shall refer to 32
276	276		Black Americans, Hispanic Americans, Asian Americans, and Native Americans. 33
277	277		(2) The Native American group includes all persons having 34
278	278		origins in any of the original peoples of North America and who maintain 35
279		-	cultural identification through tribal ~~affiliation~~ or community recognition. 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	279	+	cultural identification through tribal affiliatio n or community recognition. 36 S2/1/23 S2/9/23 S2/27/23 SB71
280	280
281		-	8 ~~04-04~~-2023 10:34:26 MLD025
	281	+	8 02-27-2023 09:55:09 MLD025
282	282
283	283
284	284		(b) Any individual who is a minority and who is enrolled in or 1
285	285		accepted for enrollment at a baccalaureate degree -granting institution of 2
286	286		higher education whose teacher education program is approved by the State 3
287	287		Board of Education or at an accredited state -supported community college in 4
288	288		the State of Arkansas who expresses in writing an intention to teach in a 5
289	289		geographical area of the state in which there exists a critical shortage of 6
290	290		teachers, as designated by the state board, s hall be eligible for a financial 7
291	291		Critical Needs Minority Teacher Scholarship to be applied toward the costs of 8
292	292		the individual's college education, if: 9
293	293		(1) The applicant has a grade point average of 2.5 on a 4.0 10
294	294		scale in high school if the applicant grad uated within the five (5) preceding 11
295	295		years; and 12
296	296		(2) The applicant scored nineteen (19) or above on the ACT 13
297	297		composite or the equivalent as defined by the University of Arkansas at Pine 14
298	298		Bluff. 15
299	299		16
300	300		SECTION 11. Arkansas Code § 6 -82-1503(c)(1), concerning the 17
301	301		eligibility for scholarships, is amended to read as follows: 18
302	302		(c)(1) The university is authorized to develop selection criteria 19
303	303		through Critical Needs Minority Teacher Scholarship Program rules, which 20
304	304		combine an applicant's ACT superscore, as defined by § 6-85-204, or ACT 21
305	305		equivalent score and grade point average in the core curriculum into a 22
306	306		selection index. 23
307	307		24
308	308		SECTION 12. Arkansas Code § 6 -82-1503(e)(1), concerning the 25
309	309		eligibility for scholarships, is amended to read as follows: 26
310	310		(e)(1) Awards granted un der the Critical Needs Minority Teacher 27
311	311		Scholarship Program shall be available to both full -time and part-time 28
312	312		students. 29
313	313		30
314	314		SECTION 13. Arkansas Code § 6 -82-1504(a), concerning service 31
315	315		requirement for scholarship recipients, is amended to read as follows: 32
316	316		(a) Except in those cases where employment positions may not be 33
317	317		available upon completion of licensure requirements, at the beginning of the 34
318	318		first school year in which a recipient of a Critical Needs Minority Teacher 35
319		-	Scholarship is eligible for ~~employment~~ as a licensed teacher, that person 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	319	+	Scholarship is eligible for employmen t as a licensed teacher, that person 36 S2/1/23 S2/9/23 S2/27/23 SB71
320	320
321		-	9 ~~04-04~~-2023 10:34:26 MLD025
	321	+	9 02-27-2023 09:55:09 MLD025
322	322
323	323
324	324		shall begin to render service as a licensed teacher in a public school 1
325	325		district in a geographical area of the state where there is a critical 2
326	326		shortage of teachers or in the Mississippi Delta, as designated by the 3
327	327		Division of Elementary and Secondary Education. 4
328	328		5
329	329		SECTION 14. Arkansas Code § 6 -82-1505(a), concerning rules, 6
330	330		administration, and reports for the administration of the Critical Needs 7
331	331		Minority Teacher Scholarship Program, is amended to read as follows: 8
332	332		(a) The University of Arkansas at Pine Bluff and the Division of 9
333	333		Higher Education shall jointly promulgate rules necessary for the proper 10
334	334		administration of the Critical Needs Minority Teacher Scholarship Program. 11
335	335		12
336	336		SECTION 15. Arkansas Code § 6 -82-1506(a), concerning the Critical 13
337	337		Needs Minority Teacher Scholarship Program Committee, is amended to read as 14
338	338		follows: 15
339	339		(a) There is established a committee to be known as the Critical Needs 16
340	340		Minority Teacher Scholarship Program Committee. 17
341	341		18
342	342		SECTION 16. Arkansas Co de § 6-82-1506(h)(2), concerning the Critical 19
343	343		Needs Minority Teacher Scholarship Program Committee, is amended to read as 20
344	344		follows: 21
345	345		(2) Perform other duties or functions regarding the Critical 22
346	346		Needs Minority Teacher Scholarship Program as may be requeste d by the 23
347	347		chancellor. 24
348	348		25
349	349		SECTION 17. Arkansas Code § 16 -123-338(4), concerning relief for a 26
350	350		discriminatory housing practice, is amended to read as follows: 27
351	351		(4) Subject to § 16 -123-339, any permanent or temporary 28
352	352		injunction, temporary restraining order, o r other order, including an order 29
353	353		enjoining the defendant from engaging in the discriminatory housing practice 30
354	354		or ordering affirmative other action as may be appropriate. 31
355	355		32
356	356		SECTION 18. Arkansas Code § 21 -3-101 is amended to read as follows: 33
357	357		21-3-101. Equal employment hiring program. 34
358	358		(a) Every state department, agency, board, commission, and institution 35
359		-	of higher education and every constitutional officer as defined in Arkansas 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	359	+	of higher education and every constitutional officer as defined in Arkansas 36 S2/1/23 S2/9/23 S2/27/23 SB71
360	360
361		-	10 ~~04-04~~-2023 10:34:26 MLD025
	361	+	10 02-27-2023 09:55:09 MLD025
362	362
363	363
364	364		Constitution, Amendment 56, § 1, shall adopt and pursue a comprehensive equal 1
365	365		employment hiring program designed to achieve a goal of increasing the 2
366	366		percentage of minority employees within the state department, agency, board, 3
367	367		commission, and institution of higher education and within the constitutional 4
368	368		office to a level that approx imates the percentage of minorities in the 5
369	369		state's population. 6
370	370		(b)(1) Every state department, agency, board, commission, and 7
371	371		institution of higher education and every constitutional officer shall report 8
372	372		to the Legislative Council on June 30 of each year regarding its efforts to 9
373	373		achieve its equal employment hiring program goal. 10
374	374		(2) However, the report required of any institution by § 6 -63-11
375	375		103 may be used in lieu of the report required under this subsection and 12
376	376		shall be filed as provided in this subsecti on. 13
377	377		(c) The employee handbook or manual of every state department, agency, 14
378	378		board, commission, and institution of higher education and every employee 15
379	379		handbook or manual of every constitutional office shall include the following 16
380	380		statement in describing the equal employment opportunity hiring program 17
381	381		required under this section : 18
382	382		“The State of Arkansas does not discriminate in access to 19
383	383		employment opportunities or in employment or practices on the basis of race, 20
384	384		color, religion, sex, national origin, age, d isability, or genetic 21
385	385		information.” 22
386	386		23
387	387		SECTION 19. Arkansas Code § 22 -9-203(i), concerning the award 24
388	388		procedure for public improvements generally, is amended to read as follows: 25
389	389		(i) No contract providing for the making of major repairs or 26
390	390		alterations, for the erection of buildings or other structures, or for making 27
391	391		other permanent improvements shall be entered into by the state, any agency 28
392	392		of the state, any county, municipality, school district, or other local 29
393	393		taxing unit with any contractor in instances w here all estimated costs of the 30
394	394		work shall exceed the sum of seventy -five thousand dollars ($75,000) unless 31
395	395		the bid documents contain statements which encourage the participation of 32
396	396		small, minority, and women's business enterprises. 33
397	397		34
398	398		SECTION 20. Arkansas Code Title 25, Chapter 1, Subchapter 1, is 35
399		-	amended to add an additional section to read as follows: 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	399	+	amended to add an additional section to read as follows: 36 S2/1/23 S2/9/23 S2/27/23 SB71
400	400
401		-	11 ~~04-04~~-2023 10:34:26 MLD025
	401	+	11 02-27-2023 09:55:09 MLD025
402	402
403	403
404	404		25-1-126. Prohibition of discrimination or preferential treatment by 1
405	405		state entities. 2
406	406		(a) As used in this section, "state" means the State of Arkansas, a 3
407	407		city, a county, an institution of higher education, a public school district, 4
408	408		a public special school district, or a political subdivision or governmental 5
409	409		instrumentality of the state. 6
410	410		(b) The state shall not discriminate against, or grant preferential 7
411	411		treatment to, an individual or group on the basis of race, sex, color, 8
412	412		ethnicity, or national origin in matters of state employment, public 9
413	413		education, or state procurement. 10
414	414		(c) This section applies only to an action taken after the effective 11
415	415		date of this act. 12
416	416		(d) This section does not: 13
417	417		(1) Prohibit the consideration by the state of bona fide 14
418		-	qualifications based on ~~sex~~ that are reasonably necessary to the normal 15
	418	+	qualifications based on gender that are reasonably necessary to the normal 15
419	419		functions of state employment, public education, or state procurement; 16
420	420		(2) Invalidate a court order or consent decree that is in force 17
421	421		as of the effective date of this act; 18
422	422		(3) Prohibit an action necessary to establish or maintain 19
423	423		eligibility for a federal program if ineligibility would demonstrably result 20
424	424		in a loss of federal funds to the state; or 21
425	425		(4) Preempt state discrimination law or federal discrimination 22
426	426		law. 23
427		-	(e) A person who ~~knowingly~~ violates this section is guilty of a ~~Class~~ 24
428		-	A misdemeanor. 25
	427	+	(e) A person who negligently violates this section is guilty of a 24
	428	+	Class A misdemeanor. 25
429	429		(f)(1) A person who believes his or her rights have been impacted 26
430	430		under this section may bring a civil action in circuit court to: 27
431	431		(A) Enjoin a violation of this section; and 28
432	432		(B) Recover reasonable court costs and attorney's fees. 29
433	433		(2) In an action brought under this section, if the court finds 30
434	434		that a violation occurred, the court shall award: 31
435	435		(A) Injunctive relief; and 32
436	436		(B) Court costs and attorney's fees. 33
437	437		34
438	438		SECTION 21. Arkansas Code § 25 -36-103 is repealed. 35
439		-	25-36-103. Agency contracting — Diversity. 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	439	+	25-36-103. Agency contracting — Diversity. 36 S2/1/23 S2/9/23 S2/27/23 SB71
440	440
441		-	12 ~~04-04~~-2023 10:34:26 MLD025
	441	+	12 02-27-2023 09:55:09 MLD025
442	442
443	443
444	444		(a) A state agency shall include in all requests for propos als and 1
445	445		requests for qualifications, language that encourages minority participation 2
446	446		in each request for proposals and request for qualifications issued by the 3
447	447		state agency. 4
448	448		(b)(1) State agency requests for proposals and requests for 5
449	449		qualifications shall take into consideration minority inclusion in the 6
450	450		proposed project. 7
451	451		(2) Requests for proposals and requests for qualifications shall 8
452	452		provide that an applicant unable to include minority -owned businesses may 9
453	453		explain the circumstances preventing minority inclusion. 10
454	454		11
455	455		SECTION 22. DO NOT CODIFY. Report to Legislative Council. 12
456	456		(a) All state agencies shall begin developing a plan to implement this 13
457	457		act immediately upon the effective date of this act. 14
458	458		(b)(1) If a state agency has not complied with this ac t within six (6) 15
459	459		months of the effective date of this act, the state agency shall submit a 16
460	460		detailed compliance plan to the Legislative Council or its appropriate 17
461	461		subcommittee within six (6) months of the effective date of this act stating 18
462	462		the: 19
463	463		(A) Steps the state agency will take to comply with this 20
464	464		act; 21
465	465		(B) Estimated time needed for the state agency to 22
466	466		implement changes necessary to comply with this act; 23
467	467		(C) Individual responsible for overseeing the 24
468	468		implementation of this act; and 25
469	469		(D) Description of the steps the state agency is taking to 26
470	470		address any failure to comply with this act. 27
471	471		(2) The executive head of each state agency shall appear before 28
472	472		the Legislative Council or its appropriate subcommittee at the time the 29
473	473		compliance plan in subdivision (b)(1) of this section is submitted and 30
474	474		provide the following information: 31
475	475		(A) Whether the state agency has been successful in 32
476	476		complying with the requirements of subdivision (b)(1) of this section; 33
477	477		(B) An update on the current status o f the necessary 34
478	478		changes; 35
479		-	(C) The ongoing steps the state agency is taking to 36 S2/1/23 S2/9/23 S2/27/23 ~~H4/4/23~~ SB71
	479	+	(C) The ongoing steps the state agency is taking to 36 S2/1/23 S2/9/23 S2/27/23 SB71
480	480
481		-	13 ~~04-04~~-2023 10:34:26 MLD025
	481	+	13 02-27-2023 09:55:09 MLD025
482	482
483	483
484	484		address any failure to comply with this act; and 1
485	485		(D) The anticipated date for when the state agency shall 2
486	486		be in full compliance with this act. 3
487	487		(3) If the state agency h as not been successful in complying 4
488	488		with this act within nine (9) months of the appearance before the Legislative 5
489	489		Council or its appropriate subcommittee required in subdivision (b)(2) of 6
490	490		this section: 7
491	491		(A) The executive head of the state agency shall appear 8
492	492		before the Legislative Council; and 9
493	493		(B) The state agency shall provide an updated report and 10
494	494		compliance plan to the Legislative Council or its appropriate subcommittee, 11
495	495		including the anticipated date of compliance. 12
496	496		(c)(1) If after one (1) year from the effective date of this act a 13
497	497		state agency has not complied fully with this act, in addition to the 14
498	498		executive head of the state agency, the cabinet -level department secretary 15
499	499		overseeing that state agency shall also appear before the Legislative Co uncil 16
500	500		or its appropriate subcommittee to provide an update. 17
501	501		(2) After the appearance under subdivision (c)(1) of this 18
502	502		section, every three (3) months until the state agency reaches full 19
503	503		compliance with this act, the executive head of the state agency an d the 20
504	504		cabinet-level department secretary overseeing that state agency shall: 21
505	505		(A) Appear before the Legislative Council or its 22
506	506		appropriate subcommittee; and 23
507	507		(B) Provide an updated report and compliance plan to the 24
508	508		Legislative Council or its appropriate subcommittee, including the 25
509	509		anticipated date of compliance. 26
510	510		(3) A cabinet-level department secretary is in violation of this 27
511	511		act if the secretary fails to be in full compliance with this act within 28
512	512		twenty-four (24) months of sine die adjourn ment of the Ninety-Fourth General 29
513	513		Assembly meeting in regular session. 30
514	514		31
515	515		/s/D. Sullivan 32
516	516		33
517	517		34
518	518		35
519	519		36