SJR6
A Constitutional Amendment Permitting The State Of Arkansas To Be Sued As A Defendant In State Court To Enforce Constitutional Rights Or As Otherwise Provided By Law.
Last Action (May 1, 2023): Sine Die adjournment
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AI-Generated Summary
Senate Joint Resolution 6 proposes an amendment to the Arkansas Constitution to modify the state's sovereign immunity. Current law generally prohibits the state from being named as a defendant in its own courts. This amendment would establish exceptions to that immunity, allowing the State of Arkansas to be sued in state court if the action asserts a violation of the United States Constitution or the Arkansas Constitution, or if the action is otherwise authorized by law. The amendment defines the 'State of Arkansas' broadly to include all state departments, divisions, offices, boards, commissions, institutions, and state-supported higher education institutions. If approved by the legislature and the voters, the amendment would take effect on November 6, 2024.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries would be citizens, residents, and legal entities who believe their constitutional rights have been violated by the state or its various agencies and institutions. By allowing these parties to seek injunctive, declaratory, or monetary relief directly in state courts, the bill provides a clearer legal pathway for individuals to hold state entities accountable for alleged constitutional infringements.
Who Might Suffer?
The primary entity negatively impacted is the State of Arkansas and its various departments, agencies, and state-supported institutions. These entities would face increased legal risk, potential litigation costs, and exposure to financial judgments that were previously barred by the doctrine of sovereign immunity. State officials and government agencies may need to allocate more resources to legal defense and administrative oversight to mitigate the risk of lawsuits.
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