Text of AR HB 1468 (2023)

Stricken language would be deleted from and underlined language would be added to present law. *TNL109* 2/20/2023 3:04:45 PM TNL109 State of Arkansas 1 94th General Assembly A Bill 2 Regular Session, 2023 HOUSE BILL 1468 3 4 By: Representative Long 5 6 For An Act To Be Entitled 7 AN ACT TO PROTECT FACULTY MEMBERS, TEACHERS, AND 8 EMPLOYEES OF PUBLIC SCHOOLS AND STATE-SUPPORTED 9 INSTITUTIONS OF HIGHER EDUCATION FROM COMPELLED 10 SPEECH; TO PROHIBIT REQUIRING FACULTY MEMBERS, 11 TEACHERS, AND EMPLOYEES OF PUBLIC SCHOOLS AND STATE- 12 SUPPORTED INSTITUTIONS OF HIGHER EDUCATION TO USE A 13 PERSON'S PREFERRED PRONOUN; AND FOR OTHER PURPOSES. 14 15 16 Subtitle 17 TO PROHIBIT REQUIRING FACULTY MEMBERS, 18 TEACHERS, AND EMPLOYEES OF PUBLIC SCHOOLS 19 AND STATE-SUPPORTED INSTITUTIONS OF 20 HIGHER EDUCATION TO USE A PERSON'S 21 PREFERRED PRONOUN. 22 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 26 SECTION 1. Arkansas Code Title 6, Chapter 1, Subchapter 1, is amended 27 to add an additional section to read as follows: 28 6-1-108. Protection against compelled speech. 29 (a) The General Assembly finds that: 30 (1) Faculty members, teachers, and employees of public schools 31 and state-supported institutions of higher education do not shed their 32 constitutional rights to freedom of speech or expression at work; 33 (2) Protecting the right to free speech for faculty members, 34 teachers, and employees promotes three (3) important interests, which 35 include: 36 HB1468 2 2/20/2023 3:04:45 PM TNL109 (A) Students' interests in receiving informed opinions on 1 matters of public concern; 2 (B) Faculty members', teachers', and employees' rights to 3 disseminate their own opinions; and 4 (C) The public's interest in exposing our children and 5 future leaders to different viewpoints; and 6 (3) The selection and use of pronouns in classrooms, on 7 campuses, and elsewhere is a matter of free speech and academic freedom 8 because it communicates a message on a matter of public concern and shapes 9 classroom discussions and debates, and is not merely an administrative or 10 ministerial act by faculty members, teachers, and employees of public schools 11 and state-supported institutions of higher education. 12 (b) As used in this section, "school" includes: 13 (1) A public school or school district; 14 (2) An open-enrollment public charter school; and 15 (3) A state-supported institution of higher education. 16 (c) A faculty member, teacher, or other employee of a school, 17 regardless of the scope of his or her official duties: 18 (1) Is not required to use a student's or coworker's preferred 19 pronoun when referring to the student or coworker if the preferred pronoun is 20 not consistent with the student's or coworker's biological sex; 21 (2) Is not civilly, criminally, or administratively liable for 22 using a pronoun that is consistent with the biological sex of a person to 23 whom the faculty member, teacher, or other employee of a school is referring, 24 even if the pronoun is not the person's preferred pronoun; and 25 (3) Shall not be subject to adverse employment action for using 26 a pronoun that is consistent with the biological sex of a person to whom the 27 faculty member, teacher, or other employee of a school is referring, even if 28 the pronoun is not the person's preferred pronoun. 29 (d) A person who is harmed by a violation of this section may bring a 30 cause of action for: 31 (1) Injunctive relief; 32 (2) Monetary damages; 33 (3) Reasonable attorney's fees and costs; and 34 (4) Any other appropriate relief. 35 36

Stricken language would be deleted from and underlined language would be added to present law. Act 542 of the Regular Session *TNL109* 03-15-2023 10:22:56 TNL109 State of Arkansas As Engrossed: H3/7/23 H3/15/23 1 94th General Assembly A Bill 2 Regular Session, 2023 HOUSE BILL 1468 3 4 By: Representatives Long, Richmond, Bentley, Breaux, Joey Carr, Crawford, Lundstrum, McAlindon, 5 McClure, Milligan, Rose, Rye 6 By: Senator M. Johnson 7 8 For An Act To Be Entitled 9 AN ACT TO CREATE THE GIVEN NAME ACT; TO PROTECT 10 FACULTY MEMBERS, TEACHERS, AND EMPLOYEES OF PUBLIC 11 SCHOOLS AND STATE-SUPPORTED INSTITUTIONS OF HIGHER 12 EDUCATION FROM COMPELLED SPEECH; TO PROHIBIT 13 REQUIRING FACULTY MEMBERS, TEACHERS, AND EMPLOYEES OF 14 PUBLIC SCHOOLS AND STATE-SUPPORTED INSTITUTIONS OF 15 HIGHER EDUCATION TO USE A PERSON'S PREFERRED PRONOUN, 16 NAME, OR TITLE WITHOUT PARENTAL CONSENT; AND FOR 17 OTHER PURPOSES. 18 19 20 Subtitle 21 TO CREATE THE GIVEN NAME ACT; AND TO 22 PROHIBIT REQUIRING EMPLOYEES OF PUBLIC 23 SCHOOLS AND STATE-SUPPORTED INSTITUTIONS 24 OF HIGHER EDUCATION TO USE A PERSON'S 25 PREFERRED PRONOUN, NAME, OR TITLE WITHOUT 26 PARENTAL CONSENT. 27 28 29 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30 31 SECTION 1. Arkansas Code Title 6, Chapter 1, Subchapter 1, is amended 32 to add an additional section to read as follows: 33 6-1-108. Given Name Act — Protection against compelled speech. 34 (a) This section shall be known and may be cited as the "Given Name 35 Act". 36 As Engrossed: H3/7/23 H3/15/23 HB1468 2 03-15-2023 10:22:56 TNL109 (b) The General Assembly finds that: 1 (1) Faculty members, teachers, and employees of public schools 2 and state-supported institutions of higher education do not shed their 3 constitutional rights to freedom of speech or expression at work; 4 (2) Protecting the right to free speech for faculty members, 5 teachers, and employees promotes three (3) important interests, which 6 include: 7 (A) Students' interests in receiving informed opinions on 8 matters of public concern; 9 (B) Faculty members', teachers', and employees' rights to 10 disseminate their own opinions; and 11 (C) The public's interest in exposing our children and 12 future leaders to different viewpoints; and 13 (3) The selection and use of pronouns in classrooms, on 14 campuses, and elsewhere is a matter of free speech and academic freedom 15 because it communicates a message on a matter of public concern and shapes 16 classroom discussions and debates, and is not merely an administrative or 17 ministerial act by faculty members, teachers, and employees of public schools 18 and state-supported institutions of higher education. 19 (c) As used in this section, "school" includes: 20 (1) A public school or school district; 21 (2) An open-enrollment public charter school; and 22 (3) A state-supported institution of higher education. 23 (d) A faculty member, teacher, or other employee of a school, 24 regardless of the scope of his or her official duties: 25 (1) Shall not address an unemancipated minor or student with a: 26 (A) Pronoun or title that is inconsistent with the 27 unemancipated minor's or student's biological sex unless the faculty member, 28 teacher, or other employee of a school has the written permission of the 29 unemancipated minor's or student's parent, legal guardian, or person standing 30 in loco parentis to the unemancipated minor or student if the unemancipated 31 minor or student is under eighteen (18) years of age; or 32 (B) Name other than the name listed on the unemancipated 33 minor's or student's birth certificate, or a derivative of the name listed on 34 the unemancipated minor's or student's birth certificate, without the written 35 permission of the unemancipated minor's or student's parent, legal guardian, 36 As Engrossed: H3/7/23 H3/15/23 HB1468 3 03-15-2023 10:22:56 TNL109 or person standing in loco parentis to the unemancipated minor or student if 1 the unemancipated minor or student is under eighteen (18) years of age; and 2 (2) Notwithstanding subdivision (d)(1) of this section, shall 3 not be subject to adverse employment action for declining to address a person 4 using a: 5 (A) Name other than the name listed on the person's birth 6 certificate; or 7 (B) Pronoun or title that is inconsistent with the 8 person's biological sex. 9 (e) A student shall not be subject to any disciplinary action for 10 declining to address a person using a: 11 (A) Name other than the name listed on the person's birth 12 certificate; or 13 (B) Pronoun or title that is inconsistent with the 14 person's biological sex. 15 (f) A person who is harmed by a violation of this section may bring a 16 cause of action for: 17 (1) Injunctive relief; 18 (2) Monetary damages; 19 (3) Reasonable attorney's fees and costs; and 20 (4) Any other appropriate relief. 21 22 /s/Long 23 24 25 APPROVED: 4/11/23 26 27 28 29 30 31 32 33 34 35 36