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Follow along with us as we keep you connected to what's going on in Arkansas' legislature.

Arkansas bill to eliminate affirmative action passes the State Senate

Sen. Dan Sullivan (R-Jonesboro) presents Senate Bill 3 in the Senate Chambers.
Arkansas Legislature
Sen. Dan Sullivan (R-Jonesboro) presenting Senate Bill 3.

Sen. Dan Sullivan's (R-Jonesboro) bill to end affirmative action across Arkansas passed the Senate Wednesday, Jan. 29, after over an hour of debate.

Senate Bill 3 (SB3) will now be transmitted to the Arkansas House of Representatives.

SB3 would "prohibit discrimination by public entities on the basis of race, sex, color, ethnicity or national origin." SB3 does not intend to affect any preferences provided to veterans under the law based on their status as a veteran.

 

"It's really important we understand what preferential treatment means. It means some people are treated better than others. This bill says no more preferential treatment," Sullivan said. "Everybody belongs."

If made law, SB3 would eliminate minority recruitment and retention plans in state and local governments, public school districts, and colleges or universities. Exceptions would include for jobs requesting sex-related considerations, existing court orders or consent decrees and actions required to maintain eligibility for federal programs to avoid loss of federal funding.

Violations of the bill could result in a Class A misdemeanor charge or charges. Individuals could also file a civil action lawsuit in circuit courts for injunctive relief, attorney's fees, and court costs.

SB3 is an almost identical bill to Senate Bill 71 which Sullivan introduced during the Legislative Session in 2023. SB71 barely passed the Senate and failed in the State House of Representatives.

Sullivan, in his opening statements, said the bill is to make sure everyone is judged on merit. He said this bill only affects procurement, hiring, and higher education.

"Preferential treatment and discrimination have always existed. This bill is getting rid of affirmative action. To say we're trying to get rid of that nationwide and statewide is just a 'straw man' and not true," Sullivan said. "There is no attempt in this bill to end it in the private sector."

Sullivan also added that President Donald Trump has an executive order ending affirmative action and Diversity, Equity and Inclusion (DEI) in federal offices.

"Whether you agree or disagree with ending affirmative action, it is now and going to be federal law," Sullivan said.

He used Arkansas State University and Chancellor Todd Shields, Ph.D., as examples of what he aims to achieve with SB3. The university is in Jonesboro, an area that Sullivan represents. He shared a philosophy of marketing that he says Shields uses.

"They are pushing belonging. If you ask Chancellor Shields what that means, he'll tell you that every student is important," Sullivan said. "At Arkansas State University, They want to help you. It doesn't make any difference if you're a minority or if you're a majority."

KASU News reached out to A-State for comment about the university and Shields being used as examples in several discussions about SB3. Jeff Hankins, ASU System's Vice President for Strategic Communications and Economic Development sent KASU News the following statement on behalf of A-State and the system at large:

"Arkansas State University is 100 percent committed to helping every student thrive. We focus on outcomes, not labels. Every student must meet the A-State standard for excellence, and we are dedicated to supporting their success even though every student has a different pathway."

Sullivan said that SB3 is not a DEI bill, but tackles similar programs. He said this bill follows American values and focuses on helping people directly.

Sen. Stephanie Flowers (D-Pine Bluff) speaks out against the bill, calling it "not necessary and mean-spirited."
Arkansas Legislature
Sen. Stephanie Flowers (D-Pine Bluff) speaking out against the bill.

However, Several Senators spoke out against the bill and advocated for other Senators to vote "no." Sen. Stephanie Flowers (D-Pine Bluff) questioned Sullivan about the bill, specifically on how he defines 'merit.'

" I'm just trying to figure out what exactly you are intending here because when I look around at many state agencies, and I'd say most state agencies, You don't see much diversity," Flowers said.

Sen. Reginald Murdock (D-Marianna) speaking out against SB3.
Arkansas Legislature
Sen. Reginald Murdock (D-Marianna) speaks out against the bill, calling it "unnecessary."

Flowers said the bill was "not necessary and mean-spirited." Sen. Reginald Murdock (D-Marianna) also said the bill was unnecessary. He asked members of the Senate to consider what they would do if they were him.

"We are not asking for preferential treatment, we are asking for an opportunity. A chance," Murdock said. "Consider what you would do if you were me. Flip this, and you're me. You would not vote for this if you were in my shoes."

Murdock spoke about his time at the University of Arkansas (U of A) as a minority engineering student. He said that no one was hurt because he had access to go to the U of A on the Transition Retention Minority Engineering program.

"I would have never gotten an engineering degree. I couldn't afford it; I graduated and got some merit. Why do this? Why is it necessary?" Murdock said.

Sen. Alan Clark (R-Lonsdale) speaking out against portions of the bill.
Arkansas Legislature
Sen. Alan Clark (R-Lonsdale) speaks out against a portion of the bill regarding recruiting teachers in public schools.

Sen. Alan Clark (R-Lonsdale) spoke against portions of the bill. Clark complimented Sullivan and said he didn't think Sullivan had any bad intentions.

Clark said his issue with the bill was in paragraph one of section 5, which deals with public schools. Clark said he noticed while researching schools in his county that schools were failing with Black males.

"A lot of the time, the truth is hard to speak. Where we have Black male teachers, Black male students have lower dropout rates, they have fewer disciplinary issues, they are more positive about schooling, they have better test scores and increased college aspirations," Clark said.

Clark said he previously asked Sullivan if this bill would stop a district from actively recruiting Black male teachers specifically in the Delta region. Sullivan said yes.

"I can't get past this point. I think it's extremely important. We ought to be able to get Black male teachers without apologizing for it and especially without breaking the law," Clark said.

Sen. Clarke Tucker (D-Little Rock) speaks out against the bill, concerned about not having a specific outline of preferential treatment.
Arkansas State Legislature
Sen. Clarke Tucker (D-Little Rock) speaks out against the bill, concerned about not having a specific outline of preferential treatment.

Sen. Clarke Tucker (D-Little Rock), who spoke against the bill, pointed out that the legislation does not explicitly define preferential treatment.

"That's kind of important because if this bill becomes law and you engage in preferential treatment, then you're charged with a crime," Tucker said. "We don't actually know by definition what that language means in the bill."

Tucker also said that some programs that would cease to exist don't hurt anyone, such as recruiting minority teachers. Tucker said these programs help both teachers and students.

He also said they have no idea how broad the bill's impact would be.

"I believe it will impact every public employee in the State of Arkansas," Tucker said. "There's a few agencies in particular I would be worried about working at if it were me, the Minority Health Commission, Mosaic Templars Cultural Center."

He added that Sullivan and Arkansas Attorney General Tim Griffin said those agencies won't apply if the bill becomes law. Tucker said no one can determine how a judge will rule on that.

Sen. Jamie Scott (D-North Little Rock) speaking out against SB3.
Arkansas Legislature
Sen. Jamie Scott (D-North Little Rock) speaks out against SB3; Scott was concerned with the impacts on minorities, women, and people from diverse backgrounds.

Senator Jamie Scott (D-North Little Rock) also spoke against SB3. She said the bill would impact not only minorities but also women and people from diverse backgrounds.

"Eliminating programs for minorities, women, and girls reinforces barriers. It hinders progress while denying Arkansas the full potential of its talent as a state," Scott said. "Diversity isn't just a moral imperative. It's a practical necessity."

Scott added considering someone's sex, race, gender, and background when providing them an opportunity is not a handout or an unfair advantage.

"I struggle to really understand the notion that white men have faced systemic discrimination simply because of the color of your skin or that affirmative action has hurt you as a white man," Scott said.

Sen. Fredrick Love (D-Mabelvale), the Senate Minority Whip, speaking out against the bill.
Arkansas Legislature
Sen. Fredrick Love (D-Mabelvale), the Senate Minority Whip, speaks out against the bill.

Sen. Fredrick Love (D-Mabelvale), the Senate Minority Whip, also spoke out against the bill.

"I pledge allegiance to the flag of a country who has yet to truly love me," Love said as he opened. "Colleagues, some of you may have been offended by what I just said; while I don't mean to, I want you to consider my perspective."

Love spoke about his grandfather, who was alive in 1897 and lived until his 90s. He said he remembered talking to him about his life experiences as a kid.

"All I can say is here we go again," Love said.

Sen. John Payton (R-Wilburn) speaking out for the bill.
Arkansas Legislature
Sen. John Payton (R-Wilburn) speaks out for the bill.

One Senator, however, spoke up for the bill, Sen. John Payton (R-Wilburn.) He said the way he looks at SB3 shows that society has a horrible disease: discrimination and racism. Payton said that laws have been put in place to cure that disease.

"The argument that we are having today is: are we over the disease and addicted to the cure? Or is this a disease that we need forever ongoing treatment? I'd like to think that we're over the disease," Payton said.

In closing, Sullivan said he wanted to correct some things.

"The program that the Senator [Sen. Murdock] said he took advantage of when he was in college and the scholarships that he received. Those don't end." Sullivan said. "They'll still continue."

Sullivan said that giving preferential treatment and "discriminatory treatment women and minorities by their race" is over.

"If racism is the problem, continuing racist discrimination and preferential treatment will never solve that," Sullivan said. "It's going to take courage to vote 'yes' on this bill because I can guarantee you the pushback is going to be vicious and hard."

Sullivan added that if Arkansas keeps Affirmative Action, the natural state would become a sanctuary state for affirmative action. He said that the University of Arkansas and A-State have been doing what SB3 does for years, and it works.

Ultimately, SB3 passed with 24 yes votes, 7 no votes, 2 senators marking present, and 2 not responding.

Prior to passing the Senate, Sullivan's bill passed in the State Agencies and Governmental Affairs Senate committee on Tuesday, Jan. 29, after two and a half hours of discussion.

At the committee meeting, 10 people advocated against the bill's passing. Some of the 10 who spoke were representatives for various organizations, including Arkansas Advocates for Children and Families, The Arkansas Conference of the NAACP, and Stand Up Arkansas.

Robert Steinbach, UA-Little Rock Professor of Law, spoke to encourage the bill's passing.

A 2019 graduate of Sheridan High School, Robinson graduated from A-State with a degree in multimedia journalism in December 2023. In January 2021, while working toward her degree, she was named sports editor for The Herald, A-State’s student-run newspaper.