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The Intrastate Commerce Improvement Act is a 2015 Arkansas act that prohibits, with exception to employees of a local government, any county, municipality, 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.
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Background
On August 20, 2014, the Fayetteville City Council passed an ordinance prohibiting discrimination on the basis of sexual orientation or gender identity in public and private employment, housing, and public accommodations.
On December 9, 2014, Fayetteville voted 51.66% in favor of repealing the ordinance.
Legislative history
This bill was sponsored by state senator Bart Hester. On February 9, 2015, Arkansas State Senate passed, with 24 voting in favor, 8 voting against, and 2 not voting, SB 202. On February 13, 2015, the Arkansas House of Representatives passed, with a 58 in favor, 21 voting against, 14 not voting, and 7 voting present, SB 202. On February 24, 2015, SB 202 went into effect as Act 137 without the signature of Governor Asa Hutchinson.
Response
On February 9, 2015, the Eureka Springs City Council voted 5-0 in favor of Ordinance 2223, an ordinance prohibiting discrimination on the basis of sexual orientation or gender identity in public and private employment, housing, and public accommodations.
On April 21, 2015, the Little Rock Board voted 7-2 to prohibit discrimination on the basis of sexual orientation or gender identity in public and private employment, housing, and public accommodations.
On June 16, 2015, the Fayetteville City Council passed Ordinance 5781, an ordinance prohibiting discrimination on the basis of sexual orientation or gender identity in public and private employment, housing, and public accommodations.
On September 1, 2015, Arkansas Attorney General Leslie Rutledge issued a statement on Fayetteville's Ordinance 5781 on the reviewed ordinances was in conflict with Act 137 and unenforceable.
On September 8, 2015, Fayetteville voted 52.77% in favor of Ordinance 5781.