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Committee approves bill giving attorney general civil authority to enforce girls’ sports rules

JUDICIARY COMMITTEE - SENATE · March 31, 2021
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Summary

Senate Bill 4‑50 creates a civil cause of action authorizing the attorney general to seek injunctions and other relief against entities violating participation rules meant to protect girls’ sports; supporters said it gives schools guidance and an enforcement pathway, while members asked about overlap with existing law and funding penalties for noncompliance.

Senator Urban presented Senate Bill 4‑50 to create a civil cause of action enabling the Arkansas Attorney General to pursue injunctive relief and other remedies against entities that violate participation requirements intended to protect girls' sports.

Corey Cox, identified as chief of staff for the attorney general, testified the provision gives the office a specified enforcement avenue and guidance for schools, which will know where to go when questions arise. Cox said the measure "gives some cover to the schools" so they do not have to guess how to comply.

Senators asked why a separate civil enforcement authority is necessary if the conduct is already criminalized; Cox said criminal statutes do not always provide a straightforward path for injunctions and that an express cause of action permits the AG to act promptly to stop violations. Committee members also asked whether institutions could lose state or federal funding under the bill; Cox said funding withdrawal would be reserved for flagrant noncompliance and not an automatic first step.

An amendment clarifying participation requirements was adopted and the committee voted to pass the bill by voice vote.