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SENATE BILL 398
By Rose
HOUSE BILL 472
By Zachary
HB0472
002405
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AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 21; Title 9; Title 62 and Title 63, relative to
state entities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 62, Chapter 76, Part 1, is amended by
adding the following new section:
62-76-108.
(a) As used in this section, "board" means the governing body of any state entity
created under this title.
(b) A person must not be excluded from membership on a board on the basis of
race, color, ethnicity, or national origin. A person must not be subjected to discrimination
on the basis of race, color, ethnicity, or national origin as a member of a board.
(c) A board shall not establish or operate under race-based policies pertaining to
the composition of such entities, including policies on affirmative action, racial
preferences, or racial quotas.
(d) A board shall not use a person's race, color, ethnicity, or national origin to
determine the person's participation as a member of the board. The use of aggregated
data concerning the race, color, ethnicity, or national origin of such persons to make
such decisions is prohibited.
(e) There is established a private cause of action against a board that violates
this section.
(f) There is established a private cause of action against any officer, employee,
or agent of a board for violating this section. However if such officer, employee, or agent
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can establish by clear and convincing evidence that they acted at the direction of the
board, or any superior officer, employee, or agent thereof, then the cause of action must
lie against the board, the officer, the employee, the agent, or a combination of such
parties.
(g)
(1) A plaintiff may seek to recover the following damages for a violation
of this section:
(A) Actual or compensatory damages sustained by the plaintiff;
and
(B) Punitive damages, if the plaintiff demonstrates that the board
or other parties discriminated against the person intentionally or with
reckless indifference to the protected rights of the plaintiff.
(2) The plaintiff must prove damages by a preponderance of the
evidence.
(h) In an award of damages resulting from an action brought by a plaintiff under
this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
dollars ($4,000) in statutory damages, independent of any actual or compensatory
damages sustained by the plaintiff as a result of a violation of this section.
(i) In an action brought under this section:
(1) The plaintiff may seek injunctive and declaratory relief; and
(2) The state waives sovereign immunity.
SECTION 2. Tennessee Code Annotated, Title 63, Chapter 1, Part 1, is amended by
adding the following new section:
63-1-177.
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(a) As used in this section, "board" means the governing body of any state entity
created under this title.
(b) A person must not be excluded from membership on a board on the basis of
race, color, ethnicity, or national origin. A person must not be subjected to discrimination
on the basis of race, color, ethnicity, or national origin as a member of a board.
(c) A board shall not establish or operate under race-based policies pertaining to
the composition of such entities, including policies on affirmative action, racial
preferences, or racial quotas.
(d) A board shall not use a person's race, color, ethnicity, or national origin to
determine the person's participation as a member of the board. The use of aggregated
data concerning the race, color, ethnicity, or national origin of such persons to make
such decisions is prohibited.
(e) There is established a private cause of action against a board that violates
this section.
(f) There is established a private cause of action against any officer, employee,
or agent of a board for violating this section. However if such officer, employee, or agent
can establish by clear and convincing evidence that they acted at the direction of the
board, or any superior officer, employee, or agent thereof, then the cause of action shall
lie against the board, the officer, the employee, the agent, or a combination of such
parties.
(g)
(1) A plaintiff may seek to recover the following damages for a cause of
action established under this section:
(A) Actual or compensatory damages sustained by the plaintiff;
and
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(B) Punitive damages if the plaintiff demonstrates that the board
or other persons discriminated against the person intentionally or with
reckless indifference to the protected rights of the plaintiff.
(2) The plaintiff must prove such damages by a preponderance of the
evidence.
(h) In an award of damages resulting from an action brought by a plaintiff under
this section, the defendant is strictly liable to the plaintiff for a minimum of four thousand
dollars ($4,000) in statutory damages, independent of any actual or compensatory
damages sustained by the plaintiff as a result of a violation of this section.
(i) In an action brought under this section:
(1) The plaintiff may seek injunctive and declaratory relief; and
(2) The state waives sovereign immunity.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.