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AR SJR3
Joint Resolution
Status
10/15/2021
Primary Sponsor
Alan Clark
Click for details
AI Summary
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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
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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
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Amendment becomes effective November 9, 2022, and applies retroactively to all claims or actions not otherwise barred on other grounds
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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
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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