Ark. Code § 25-1-901

Current with legislation from 2024 Fiscal and Special Sessions.

Section 25-1-901 - Definitions

As used in this subchapter:

(1)

(A) "Divisive concept" means the concept that:

(i) One race or sex is inherently superior to another race or sex;

(ii) The State of Arkansas or the United States is fundamentally racist or sexist;

(iii) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(iv) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(v) An individual's moral character is necessarily determined by his or her race or sex;

(vi) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(vii) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(viii) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

(B) The term "divisive concept" includes any other form of race or sex stereotyping or any other form of race or sex scapegoating;

(2)

(A) "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

(B) "Race or sex scapegoating" encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others;

(3) "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex; and

(4)

(A) "State entity" means an instrumentality of state government, including:

(i) The Department of Agriculture;

(ii) The Department of Commerce;

(iii) The Department of Corrections;

(iv) The Department of Education;

(v) The Department of Energy and Environment;

(vi) The Department of Finance and Administration;

(vii) The Department of Health;

(viii) The Department of Human Services;

(ix) The Department of Inspector General;

(x) The Department of Labor and Licensing;

(xi) The Department of the Military;

(xii) The Department of Parks, Heritage, and Tourism;

(xiii) The Department of Public Safety;

(xiv) The Department of Transformation and Shared Services; and

(xv) The Department of Veterans Affairs.

(B) "State entity" does not include:

(i) Political subdivisions of the state;

(ii) Public schools;

(iii) Charter schools;

(iv) Institutions of higher education;

(v) The offices of constitutional officers; or

(vi) Law enforcement training certified by the Arkansas Commission on Law Enforcement Standards and Training.

Ark. Code § 25-1-901

Added by Act 2021, No. 1100,§ 1, eff. 1/1/2022.