ArkansasSB32025 Regular SessionSenateWALLET

TO PROHIBIT DISCRIMINATION OR PREFERENTIAL TREATMENT BY THE STATE OF ARKANSAS AND OTHER PUBLIC ENTITIES.

Sponsored By: Mary Bentley (Republican), Dan Sullivan (Republican)

Enacted

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 2 benefits, 3 costs, 4 mixed.

Teacher scholarships open beyond minority applicants

The renamed Critical Needs Teacher Scholarship is open to qualifying applicants regardless of minority status, including full-time and part-time students. Applicants must be enrolled or accepted at a qualifying Arkansas degree-granting institution with an approved teacher education program or accredited state-supported community college. They must state in writing that they intend to teach in a state-designated teacher-shortage area. Applicants who finished high school within the past five years need at least a 2.5 GPA on a 4.0 scale. All applicants need an ACT composite score of at least 19 or an equivalent defined by the University of Arkansas at Pine Bluff. Universities combine an ACT superscore or equivalent with core-course GPA into one selection score. Recipients must teach in a public school in a designated shortage area or the Mississippi Delta, starting their first eligible school year as licensed teachers, subject to job availability. A program committee administers the scholarship, with rules jointly set by the university and the Division of Higher Education.

Public entities face new discrimination limits

Arkansas public entities cannot discriminate or grant preferences based on race, sex, color, ethnicity, or national origin. This covers public jobs, education, and procurement, and applies to actions after the law’s effective date. Exceptions protect veteran preferences, necessary sex-based job or program qualifications, and court orders or consent decrees already in force. Actions needed to keep federal program eligibility remain allowed when losing eligibility demonstrably costs Arkansas federal funds. Affected people can seek court orders and recover court costs and attorney’s fees as allowed. Other state and federal discrimination laws remain in place.

Alcohol permits must consider consumer competition

Arkansas alcohol regulators must consider how competition benefits consumers when issuing permits under the state’s alcohol laws. This replaces the consideration of limited diversity in local ownership and financial interests. The law does not guarantee lower prices.

Public contracts drop minority participation requirements

Arkansas agencies no longer must encourage minority participation in requests for proposals or qualifications. They also no longer must consider minority inclusion in projects or let applicants explain why minority-owned businesses were not included. For public construction, major repairs, alterations, and permanent improvements costing more than $75,000, bids must still encourage small and veteran-owned businesses. Those bid documents no longer must encourage minority- or women-owned businesses. Encouragement does not guarantee a contract.

Housing cases lose explicit affirmative remedies

The law removes express permission for courts to order affirmative action as a remedy for housing discrimination. Courts can still issue injunctions and take other appropriate action under the affected housing-discrimination provision.

Colleges lose required minority support programs

Arkansas state-supported colleges no longer must run recruitment and retention programs for Black and other minority students, faculty, and staff. The law removes related affirmative action recruitment programs and the requirement to assign an employee to help with recruitment. It also ends required five-year retention plans, annual recruitment and retention reports, and related filings. These changes remove program requirements; they do not say colleges must close every existing program.

Schools drop required staff recruitment plans

Arkansas public school districts and open-enrollment charter schools no longer need three-year teacher and administrator recruitment and retention plans. They no longer must review, update, and post those plans each year. The repealed plans included goals for minority staff representation and encouraging students to enter education careers.

Schools get help but risk funding

The Equality Assistance Center helps Arkansas school districts meet desegregation and nondiscrimination duties through visits, workshops, and program reviews. It also links the state education division with the U.S. Office for Civil Rights. Districts must file annual compliance assurances in the required form by October 15 or risk losing state aid. The state can also withhold aid for missing a published deadline for other requested information. Those requests must allow at least 30 calendar days, except requests from a state lawmaker or legislative committee.

State employers drop minority hiring goals

Arkansas state employers no longer must pursue hiring goals that bring minority employment closer to the state population’s share. Covered employers include agencies, boards, commissions, public colleges, and constitutional officers. They no longer must report those efforts to the Legislative Council each year by June 30. Employee handbooks and manuals must still include the state nondiscrimination statement.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 113 • No: 40

Senate vote • 2/12/2025

Senate Vote - Wednesday, February 12, 2025 1:56:05 PM

Yes: 24 • No: 6

House vote • 2/6/2025

House Vote - Thursday, February 6, 2025 4:30:27 PM

Yes: 65 • No: 27 • Other: 4

Senate vote • 1/29/2025

Senate Vote - Wednesday, January 29, 2025 2:52:28 PM

Yes: 24 • No: 7 • Other: 2

Actions Timeline

Notification that SB3 is now Act 116
2/18/2025Senate
DELIVERED TO GOVERNOR.
2/13/2025Senate
Reported correctly enrolled and ordered delivered to the Governor.
2/13/2025Senate
ORDERED ENROLLED
2/12/2025Senate
Read the third time and passed.
2/12/2025Senate
Rules suspended.
2/12/2025Senate
House Amendment No. 2 read first time, rule suspended, read second time and concurred in.
2/12/2025Senate
Placed on second reading for purpose of amendment.
2/12/2025Senate
Returned by the Committee with the recommendation that it Do Pass concur in House Amendment No. 2
2/11/2025Senate
Re-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
2/6/2025Senate
AS AMENDED, Amendment # 2
2/6/2025Senate
Returned from the House as passed.
2/6/2025Senate
Returned to Senate as passed, as amended # 2
2/6/2025House
Read the third time and passed and ordered transmitted to the Senate.
2/6/2025House
Returned by the Committee Do Pass
2/5/2025House
REPORTED CORRECTLY ENGROSSED
2/3/2025House
Amendment No. 2 read and adopted and the bill ordered engrossed.
2/3/2025House
Placed on second reading for the purpose of amendment.
2/3/2025House
Read the first time, rules suspended, read the second time and referred to the Committee on STATE AGENCIES & GOVT'L AFFAIRS- HOUSE
1/29/2025House
RECEIVED FROM THE SENATE
1/29/2025House
Ordered immediately transmitted to the House.
1/29/2025Senate
Read the third time and passed.
1/29/2025Senate
Returned by the Committee, with the recommendation that it Do Pass
1/28/2025Senate
Re-referred to STATE AGENCIES & GOVT'L AFFAIRS-SENATE
1/21/2025Senate
REPORTED CORRECTLY ENGROSSED
1/21/2025Senate

Bill Text

SB3 - Introduced
11/20/2024
PDF
Act Version
PDF

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