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Senate committee approves state nondiscrimination measure after heated debate over affirmative-action language

STATE AGENCIES & GOVT'L AFFAIRS-SENATE · January 31, 2023
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Summary

The Senate State Agencies committee adopted an amendment and voted to advance SB 71 as amended, a bill that would prohibit state entities from giving preferential treatment while carving out limited exceptions. Supporters called it equality-based reform; opponents warned it could undercut minority- and women-owned business programs and create criminal liability for negligent violations.

Senators on the Senate State Agencies committee voted to advance SB 71 as amended after a lengthy debate over whether the measure would effectively end state-backed affirmative-action programs.

Sponsor Senator Mark Sullivan presented an amendment that replaces several references to “equity” and affirmative-action language with nondiscrimination and equality provisions and makes the ban apply only to state entities. Sullivan said the change ‘‘prohibits discrimination or preferential treatment by the state of Arkansas and other public entities’’ while preserving limited exceptions, including bona fide occupational qualifications and actions…

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