Anti-affirmative action, tort reform bills move forward in legislature
by January 29, 2025 9:00 pm 321 views
Arkansas legislators spent a second day advancing two controversial bills that stirred debate on the House and Senate floors on Wednesday (Jan. 29).
In the Arkansas Senate, SB 3 by Sen. Dan Sullivan, R-Jonesboro, passed with 24 of 35 votes. It aims to prohibit discrimination or preferential treatment by Arkansas state agencies and public education by eliminating certain programs that push for greater minority and female participation and representation. Opponents contend the measure will lead to a lack of minority opportunities in business, government and education.
The bill removes language from programs and initiatives in state government and educational institutions that favor an individual or group “on the basis of race, sex, color, ethnicity, or national origin in matters of state employment, public education, or state procurement.”
The bill specifically would not affect preferences provided to veterans, it would not prohibit religious-based preferences, and it would not prohibit considerations of sex-based qualifications that are “reasonably necessary.”
Sullivan said veterans had made “serious sacrifices” for the country and deserved preferential treatment.
Individuals who believe their rights have been violated could bring a civil action in circuit court with the ability to gain injunctive relief, court costs and attorney’s fees. Violators would be guilty of a Class A misdemeanor, according to the bill.
While Sullivan argued the “arc of history” called for this change in the law, colleagues like Sen. Clarke Tucker, D-Little Rock, said the bill would undercut programs that have worked to improve women and minority opportunities in education and business and would create a litany of litigation from civil rights lawyers.
In the final vote, 24 Republican lawmakers supported the bill, while all six of the chamber’s Democrats opposed it. One GOP senator, Sen. Alan Clark, R-Lonsdale, voted no. Two other Republican senators, Sen. Jonathan Dismang, R-Searcy, and Sen. Jane English, R-North Little Rock, voted present.
SB 3 now goes to the House for consideration. A similar measure was defeated in the House two years ago.
In the Arkansas House, HB 1204 by Rep. Jon Eubanks, R-Paris, cleared the chamber on a 71-18 vote. Six members did not vote on the bill and five members voted present.
The bill would allow an injured plaintiff to recoup the medical bills that are paid by an insurer, not the amount presented for services, which are often reduced due to contracts between insurance companies and health care organizations.
Supporters of the bill said HB 1204 addresses what are known as “phantom damages” and the bill would increase transparency and fairness in the calculation of damages during litigation. Advocates noted that it does not impact the recovery of future medical costs, lost wages, property damage, or non-economic damages, such as pain and suffering, disfigurement, mental anguish, loss of life and punitive damages.
Opponents said changing the law would redefine how evidence is presented in court cases. They also questioned if it would bring down insurance costs, claiming that states that have passed similar legislation have not seen lower insurance rates. Opponents also said the bill would lower the amount of money awarded to injured victims.
Lastly, a resolution sponsored by Rep. Aaron Pilkington, R-Knoxville, to change the “Gulf of Mexico” to the “Gulf of America” was defeated in a House committee.
HR 1010 proposed mandating that all Arkansas state entities refer to the body of water as the “Gulf of America” going forward. Pilkington filed the resolution last week after President Donald Trump signed an executive order calling for the change in name.
Citing potential costs to alter state government maps, documents, educational materials, and official communications, members of the House Management Committee did not vote the resolution out of committee.