A bill to end affirmative action programs in the state has passed its first hurdle to becoming law Tuesday.
Senate Bill 3 to “prohibit discrimination or preferential treatment” in state entities is sponsored by Sen. Dan Sullivan, R-Jonesboro. The bill strikes terms such as “equity,” “civil rights,” “minority,” and “diversity” from Arkansas law and repeals sections creating scholarships, support services, and retention programs for minorities.
The bill says “the state shall not discriminate against, or grant preferential treatment to, 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,” and creates a pathway for people who believe their rights have been impacted under the legislation to sue.
The bill does not change preferential treatment policies for veterans or include language to protect people from religious discrimination.
SB3 is Sullivan’s second attempt to pass the legislation. The prior bill, SB71, failed to pass the House in 2023. Sullivan told the Senate Committee on State Agencies and Governmental Affairs Tuesday little has changed in this version of the bill.
“I want to make it clear that discrimination and preferential treatment exist, and they have existed as long as–you know, forever. And discrimination and preferential treatment is wrong and should not be tolerated in or by our government institutions,” Sullivan said.
He repeatedly referenced executive orders from President Donald Trump instructing federal agencies to end affirmative action and DEI programs. He told the committee this legislation would bring Arkansas in line with the federal government’s policies. Sullivan filed the bill in November
Republican Sen. Alan Clark, R-Lonsdale, said he agreed with the spirit of the bill but had concerns about a section which repeals minority teacher recruitment and retention plans.
Current Arkansas law mandates public schools and open enrollment charter schools have plans to attract teachers and administrators who “increase diversity among the district staff and, at a minimum, reflect the racial and ethnic diversity of the district’s students.”
Clark said Arkansas has a shortage of Black male teachers who are able to connect with students of the same race.
“One of the things we really need in this state is Black male teachers,” Clark said. “So what I’m looking at there is not a racial preference, uh, discriminatory, but something we need.”
Sullivan replied kids will learn best with the best teachers.
“We’re going to hire on merit and who's the best for that area. And I think we’ve kind of lost our focus on what merit means and how we learn best.” Sullivan said.
The bill would also cut plans to recruit and retain Black and POC individuals in state agencies.
Maricella Garcia, Race Equity Director for Arkansas Advocates for Children and Families, testified against the bill on behalf of the nonprofit. She said the bill is poorly written and does not accomplish what Sullivan believes it will.
“It takes many pieces of unrelated legislation and lumps them together under an idea of equality, but it doesn’t have any concern for what the ultimate harm is in making little changes to the law and where it will impact further,” Garcia said.
“[SB3] targets education hiring, housing, alcohol licenses and more without any evidence issues exist in these programs,” Garcia said, adding the law already protects people who are discriminated against because of their race.
Sen. Clarke Tucker, D-Little Rock, voted against the bill. Tucker asked the committee of all white male senators to consider if the state no longer needs the programs that would be cut by SB3.
“Can you honestly say that you believe that a Black child born in Arkansas or a little girl born in Arkansas today has the same opportunities as everyone sitting at this table? All you have to do is look at the members sitting at this table to know the answer to that question.”
The bill now heads to the Senate floor where it will be voted on by the full chamber.