LITTLE ROCK -- A bill banning Arkansas cities and counties from passing anti-discrimination laws cleared a House committee Wednesday in a 12-6 roll call vote.
Senate Bill 202, sponsored by Sen. Bart Hester, R-Cave Springs, passed through the House City, County and Local Affairs Committee on Wednesday and could be headed to the House floor as soon as Friday. The bill sailed through the Senate on Monday in a 24-8 vote, just one week after being introduced.
Rep. Bob Ballinger, R-Hindsville, the primary House sponsor of the legislation, presented the bill before the committee Wednesday.
"This bill is about uniformity," he said. "While I think there's a lot of good reason to debate whether or not we want to create additional protected classes, that is a debate that should be had at the state level where it's something that can create some uniformity for the citizens of the state."
Hester has said in previous committee hearings the legislation is in response to an ordinance passed in August by the Fayetteville City Council prohibiting discrimination on the basis of gender identification or sexual identification. Fayetteville voters repealed the measure Dec. 9.
On Monday night, the Eureka Springs City Council approved a similar ordinance.
Arkansas law doesn't prohibit discrimination on the basis of sexual orientation.
SB202 would prohibit a city, county or "other political subdivision of the state" from adopting or enforcing an ordinance, resolution, rule or policy that "creates a protected classification or prohibits discrimination on a basis not contained in state law."
But that prohibition "does not apply to a rule or policy that pertains only to the employees of a county, municipality or other political subdivision" under SB202.
SB202 says its purpose "is to improve intrastate commerce by ensuring that businesses, organizations, and employers doing business in the state are subject to uniform nondiscrimination laws and obligations."
But its foes counter the bill would be bad for business and send the wrong message to private industry considering locating in Arkansas.
Wednesday's vote fell largely along party lines, with six Democrats voting against the measure and 11 Republicans voting for it. Rep. Michael John Gray, D-Augusta, hesitated after his name was called before casting a vote in favor of moving the measure to the House floor.
Several Democratic committee members raised concerns about the bill.
"On the surface, this bill seems like it's a matter of local control or home rule," said Rep. Charles Blake, D-Little Rock. "It seems like local control is a priority to some of us when it supports the positions that we favor. As a state, don't we believe in enhancing the rights of the public and allowing cities and counties to make decisions that are best for the cities and counties?"
Ballinger said he 's a supporter of home rule, the power of local governments to pass laws on things not contained in superseding state law. But he said every law the Legislature passes affects home rule to an extent.
"Sometimes it's right and sometimes it's wrong. I would say in this situation it's right," he said.
Mark Hayes, chief legal counsel for the Arkansas Municipal League, said he was surprised the bill was being voted on Wednesday because his organization had plans to discuss the matter at its meeting later in the day.
Hayes raised concerns about language in the bill having unintended consequences -- issues that he raised when the bill went before a Senate committee last week.
Ballinger said SB202 was largely modeled after a similar Tennessee law that has survived a court challenge, and he felt satisfied with the language.
Ballinger also criticized the Human Rights Campaign, which he said directed members to send multiple emails to representatives urging them to vote against the bill. He said the Washington-based gay-rights group wants to make the state more "progressive" and a "little more like New York and California."
The Human Rights Campaign announced last year it planned to spend several million dollars in Arkansas over the next few years to advance its cause.
NW News on 02/12/2015