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Sponsor says SJR 2 would restore Arkansans— right to sue the state
Summary
A sponsor told the committee SJR 2 would narrow sovereign immunity and let citizens again pursue claims against the state; senators questioned how the change would interact with recent court rulings and with agency practices on tax claims.
Sponsor testimony described SJR 2 as a straightforward constitutional amendment to restore Arkansans— ability to sue the state in many instances. The presenter told the committee, "for years, for decades, our people had the right to sue the state of Arkansas," and that recent changes have limited that right.
The sponsor emphasized tax-refund claims as a key concern: while the Department of Finance and Administration (DFA) has chosen not to assert sovereign immunity for tax cases in recent administrations, the sponsor warned that a future DFA director could assert immunity and foreclose refund litigation. The amendment text was described as returning the constitution to language that permits suits "unless otherwise provided by law."
Committee members asked whether the court—s recent rulings amounted to a power shift and whether the amendment—s scope might run into constitutional-compatibility issues. Senator Trent Garner called the decisions a "power grab," and other members urged careful drafting to avoid touching multiple constitutional sections in ways that invite judicial invalidation.
No votes were taken. The sponsor and members said they would rely on counsel to refine draft language and consider narrower edits to avoid legal challenge.
