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Ex. AR-031 Order Primary source read

Act 1002 of 2021 (SB 590)

An Act to End Mandatory Face Covering Requirements in the State of Arkansas; to Declare an Emergency; and for Other Purposes

Arkansas General Assembly (93rd, Regular Session); approved by the Governor · Arkansas (State)

The COVID Project

The record

Jurisdiction
Arkansas
Level
State
Authority
Ark. Const. art. 5; Ark. Code Ann. 20-7-142 (as enacted)
Issued
2021-04-28 Apr. 28, 2021
Effective
2021-04-28 (emergency clause adopted; effective on approval) (read as 2021-04-28)
End
Preliminarily enjoined Aug. 6, 2021 (Pulaski County Circuit Court, Nos. 60CV-21-4692 and 60CV-21-4763); stay denied Sept. 30, 2021 (Ex. AR-081); held unconstitutional Dec. 29, 2021 (read as 2021-08-06)
In force
Apr. 28, 2021 to Aug. 6, 2021
Quarters
2021 Q22021 Q3
Limitation types
Face-covering requirement
Addressees
  • State agencies and entities
  • political subdivisions
  • State and local officials
  • public schools
Functions reached
  • WF workforce (children's schools: mask rules barred, then permitted under the injunction)
  • EMP (private businesses may still require masks)
Collection
Arkansas AR

Operative words

SECTION 1. (a)(1) On the effective date of this act, all mandatory face covering requirements, including without limitation requirements imposed by executive order of the Governor and the Department of Health under directives issues under 20-7-109 or 20-7-110, or both, shall end.... SECTION 2. 20-7-142... (b) A state agency or entity, a political subdivision of the state, or a state or local official shall not mandate an individual in this state to use a face mask, face shield, or other face covering. (c) The use of a face mask, face shield, or other face covering shall not be a condition for entry, education, or services.... (e) This section does not apply to a face covering requirement imposed by: (1) A private business; (2) A state-owned or state-controlled healthcare facility; (3) A facility operated by the Department of Corrections; or (4) A facility operated by the Division of Youth Services

Enforcement

Statute; enjoined from Aug. 6, 2021

Notes

Bill history (arkleg): Senate passed Mar. 31, 2021 (emergency clause adopted after an initial failure and expungement); House passed Apr. 20 with emergency clause; Senate concurred Apr. 22; approved Apr. 28, 2021. Recited in the DESE-ADH 2021-22 school guidance: 'masks or other face coverings can no longer be mandated in Arkansas public schools, as prohibited by Act 1002 of 2021'.

Retrieval note

Full text read; the injunction and later rulings are verified from the Supreme Court's Sept. 30, 2021 order (Ex. AR-081) and Ballotpedia (THV11 Dec. 29, 2021; WREG Sept. 30, 2021).