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AR SJR3

Joint Resolution

Status

Failed

10/15/2021

Primary Sponsor

Alan Clark

Click for details

Origin

Senate

93rd General Assembly (2021 Regular)

AI Summary

  • Amends Arkansas Constitution Article 5, § 20 to change language from "State shall never be made a defendant" to "State may be made a defendant" in state court under the same circumstances as any other party

  • Eliminates sovereign immunity of the State of Arkansas in all cases filed in state courts, with "State of Arkansas" defined to include all departments, divisions, offices, boards, commissions, institutions, and state-supported higher education institutions

  • Amendment becomes effective November 9, 2022, and applies retroactively to all claims or actions not otherwise barred on other grounds

  • Allows plaintiffs with pending claims before the Arkansas State Claims Commission to either continue pursuing those claims or file in court; General Assembly must enact laws permitting filing in court if claim would otherwise be barred by statute of limitations

  • Does not alter individual capacity immunity of natural persons or private entities acting as state agents; such immunity remains subject to regulation through General Assembly laws and common law

Legislative Description

An Amendment To Arkansas Constitution, Article 5, Section 20, Permitting The State Of Arkansas To Be Sued As A Defendant In State Court In The Same Circumstances As Any Other Party.

Last Action

Died in Senate Committee at Sine Die adjournment.

10/15/2021

Committee Referrals

State Agencies & Governmental Affairs2/4/2021

Full Bill Text

No bill text available