SB 3 by Senator D. Sullivan

Summary of Changes:

The bill's stated intent is to prohibit discrimination and preferential treatment by public entities in Arkansas based on race, sex, color, ethnicity, or national origin. It amends and repeals various sections of the Arkansas Code related to diversity, equity, and affirmative action programs.

Key Changes:

• Removes Consideration of Diversity in Alcoholic Beverage Control Permits:
  • Removes the requirement for the Alcoholic Beverage Control Division to consider the lack of diversity in ownership when issuing permits. Instead, it directs them to consider the benefit of competition to consumers.
• Refocuses the Equity Assistance Center:
  • Changes the name of the "Equity Assistance Center" in the Division of Elementary and Secondary Education to the "Equality Assistance Center."
  • Removes language referring to "affirmative action" and "civil rights" and focuses the center's activities on "desegregation and nondiscrimination."
• Repeals Provisions Related to Minority Recruitment and Retention:
  • Repeals requirements for school districts and open-enrollment public charter schools to create teacher and administrator recruitment and retention plans with goals for minority representation.
  • Repeals mandates around minority recruitment and retention programs in higher education institutions.
• Removes References to "Minority" in a teacher scholarship program
  • Amends the title of the "Arkansas Geographical Critical Needs Minority Teacher Scholarship Program Act of 2001" to remove the word "Minority" 
  • Modifies language throughout the subchapter related to the scholarship program to remove specific references to "minority" and replace them with "individual" or similar terms 
• Removes "Affirmative Action" from Housing Discrimination Relief:
  • Removes the phrase "ordering affirmative action" from the list of potential remedies for discriminatory housing practices.
• Replaces "Equal Employment Hiring Program" with Non-Discrimination Statement:
  • Removes the requirement for state agencies to adopt an "equal employment hiring program" with goals for increasing minority employee percentages.
• Removes Required Verbiage about Minority Participation in Public Improvement Contracts:
  • Removes the requirement for bid documents to encourage the participation of minority and women's business enterprises in public improvement contracts exceeding $75,000.
  • It adds a requirement for verbiage encouraging veteran-owned businesses.
• Prohibits Discrimination and Preferential Treatment by State Entities:
  • Adds a new section to the Arkansas Code (25-1-130) that prohibits state entities from discriminating against or granting preferential treatment to any individual or group based on race, sex, color, ethnicity, or national origin in state employment, public education, or state procurement.
  • Includes exceptions for bona fide qualifications based on sex, existing court orders, actions necessary for federal program eligibility, and preferences given to veterans.
  • Establishes a Class A misdemeanor penalty for knowingly violating this section and allows for civil action to enjoin violations and recover legal costs.
• Repeals Requirement for Diversity in State Agency Contracting:
  • Repeals requirement state agencies to encourage minority participation in requests for proposals and qualifications.
• Requires State Agencies to Implement the Act:
  • Requires state agencies to develop and implement plans to comply with the act and report their progress to the Legislative Council.