Arkansas Code of 1987 (2023) › Title 1 - GENERAL PROVISIONS (§§ 1-1-101 — 1-5-122) › Chapter 2 - THE CODE AND REGULATIONS (§§ 1-2-101 — 1-2-504) › Subchapter 1 - GENERAL PROVISIONS (§§ 1-2-101 — 1-2-125) › Section 1-2-124 - Respectful language - Disabilities - Definition

(a)
(1)
The General Assembly recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes toward people with disabilities. Many of the terms currently used demean the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members.
(2)
The General Assembly finds it necessary to clarify preferred language for new and revised laws and administrative rules by requiring the use of terminology that puts the person before the disability.
(b)
(1)
In any bill or resolution, the Bureau of Legislative Research shall avoid all references to:
(A)
"Disabled";
(B)
"Developmentally disabled";
(C)
"Mentally disabled";
(D)
"Mentally ill";
(E)
"Mentally retarded";
(F)
"Handicapped";
(G)
"Cripple"; and
(H)
"Crippled".
(2)
The Arkansas Code Revision Commission shall change such references in any existing statute or resolution as sections including these references are republished or otherwise amended by law.
(3)
The Bureau of Legislative Research and the Arkansas Code Revision Commission shall replace the inappropriate terms in subdivision (b)(1) of this section with the following terms:
(A)
"Individuals with disabilities";
(B)
"Individuals with developmental disabilities";
(C)
"Individuals with mental illness"; and
(D)
"Individuals with intellectual disabilities".
(c)
(1)
In any administrative rule, a state agency shall avoid the inappropriate terms in subdivision (b)(1) of this section and shall use the terms in subdivision (b)(3) of this section.
(2)
The Bureau of Legislative Research shall:
(A)
Replace in the Code of Arkansas Rules the inappropriate terms in subdivision (b)(1) of this section with the terms in subdivision (b)(3) of this section when:
(i)
A section of the Code of Arkansas Rules is created or amended and the state agency did not make the change during the promulgation process; or
(ii)
The Bureau of Legislative Research identifies in a section of the Code of Arkansas Rules an inappropriate term in subdivision (b)(1) of this section; and
(B)
Consult with the state agency that promulgated the section of the Code of Arkansas Rules that contains the inappropriate term in subdivision (b)(1) of this section when making the change.
(3)
If a state agency identifies a use of an inappropriate term under subdivision (b)(1) of this section in a rule, the state agency shall:
(A)
Promulgate a revision to the rule to replace the inappropriate term with a term under subdivision (b)(3) of this section; and
(B)
Request the Bureau of Legislative Research to make the change in the Code of Arkansas Rules under subdivision (c)(2) of this section.
(4)
As used in this subsection, "state agency" means any office, board, commission, department, council, bureau, or other agency of state government having authority by statute enacted by the General Assembly to promulgate or enforce administrative rules.
(d)
A statute, resolution, or rule is not invalid because it does not comply with this section.
Amended by Act 2021, No. 64,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 377,§ 1, eff. 7/24/2019.
Acts 2007, No. 515, § 1; 2009, No. 975, § 1; 2011, No. 98, § 1.