Official Summary Text
This bill enacts the "Dismantling DEI Departments Act," which prohibits the following entities from maintaining or
authorizing an office or department that promotes or requires discriminatory preferences in an effort to increase diversity, equity, or inclusion:
A department, agency, or other unit of state government;
A county government;
A municipal government;
A metropolitan government; and
A public institution of higher education in this state.
This bill provides that all mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, or other declarations by such an office
or department are void.
ON APRIL 22, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1084, AS AMENDED.
AMENDMENT #1 rewrites this bill to enact the
"Dismantling DEI Departments Act
,
"
which prohibits units of state government, as well as c
ounties, municipalities, metropolitan governments, and public institutions of higher education from using
a discriminatory preference in an effort to increase diversity, equity, or inclusion or establish
ing
or maintain
ing
an office, division, or department
for such purposes. All mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, or other declarations of a
governmental or public entity subject to this amendment
, or an office, division, or department thereof
, in existence prior to the date
that this bill becomes a law and
that are in conflict with
such prohibition will be
void.
For purposes of this amendment,
"discriminatory preference"
m
eans a policy, practice, or requirement that grants or withholds ben
efits, opportunities, advantages, or disadvantages to an individual or group based on race, ethnicity, sex, age, or any other demographic characteristic, rather than on individual merit, qualifications, veteran status, or lawful eligibility criteria
. With
regard to entities of state government, "discriminatory preference" d
oes not include:
(
1
) Public health, medical research, or disease prevention programs that use demographic-based outreach for medically substantiated reasons, such as initiatives addre
ssing health conditions that disproportionately affect specific populations; or
(
2
) Lawful and neutral outreach programs that ensure equal access to state services or contracting based on objective eligibility criteria, so long as such programs do not ma
ndate quotas, alter selection criteria, or require preferential treatment based on demographic characteristics.
This amendment's prohibition against uses of discriminatory practices and establishing or maintaining administrative units for such purpose
do
es not apply to a government
al or public entity
that submits notice in writing to the comptroller of the treasury that compliance with
such prohibition
would result in a loss of federal funding, to the extent such an exemption is necessary to conform to fe
derally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds.
This amendment requires t
he comptroller
to
create guidelines as to what information is required in the notice. Th
is amendment further
requires th
e comptroller
to
review a notice submitted by
governmental or public entity
and, if the comptroller finds that compliance would result in the loss of federal funding, notify the
entity
in writing of its exemption.
After one calendar year from
the date on which the comptroller exempts a
n entity under this amendment,
the
entity is required to
submit in writing to the comptroller to have the exemption renewed for an additional one-year period. A
n entity that received an exemption under this amend
ment is required to
notify the comptroller within
1
4 days if the conditions or justifications for the comptroller granting the exemption no longer exist.
Present law generally requires that the governor, i
n appointing citizens to serve on boards,
commissions, committees, and other governing or advisory entities of the executive branch of state government, strive to ensure that at least one such citizen serving on each such board, commission, committee, or other governing or advisory entity is 60 y
e
ars of age or older and that at least one such citizen serving on each such board, commission, committee, or other governing or advisory entity is a member of a racial minority.
This amendment prohibits
the governor
from
grant
ing
preferential treatment wh
en making appointments to any board, commission, committee, or other governing or advisory entity of the executive branch of state government on the basis of race.
This amendment also replaces the present law with a requirement that the governor, in
appoi
nting citizens to serve on boards, commissions, committees, and other governing or advisory entities of the executive branch of state government, strive to ensure that all appointments be made based on individual merit, qualifications, and the needs of th
e
board, commission, committee, or other governing or advisory entity.
This amendment makes a corresponding change to the creating statutes for various
boards, commissions, committees, and other governing or advisory entities of the executive branch of sta
te government
, which presently include language directing the governor to appoint, or strive to appoint, persons based on characteristics included in this amendment's definition of discriminatory preference.
This amendment also deletes from present law:
(1) The requirement that the executive director of the
Tennessee arts commission
hire a full-time employee to undertake
activities to assure equitable participation by the traditionally underserved and underrepresented ethnic minority, people with a dis
ability, elderly, and rural artists and arts organizations within this state with regard to grant programs administered by or through entities of state government
;
(2) The requirement that, i
f the general assembly authorizes an allocation of
certain TNIn
vestco
investment tax credits, the commissioner of revenue and the commissioner of economic and community development strive to select applicants whose investment team membership is reflective of the racial, ethnic and gender diversity of Tennessee's popul
ation
;
(3) The requirement that a
ll qualified TNInvestcos, and the qualified businesses in which they invest, strive to maximize the participation of minority-owned businesses and woman-owned businesses to reflect the racial, ethnic and gender diversity
of Tennessee's population
;
(4) The minority business participation advisory council for the
Tennessee education lottery corporation
;
(5) The requirement that municipal service boards include at least one woman and one minority citizen;
(6) The requir
ement that a
t least two of the members of
a tourist
commission
are selected
from minorities, as well as members of the sex that historically have been underrepresented on the tourist commission
;
(7) The requirement that policies and practices of industri
al development corporations must ensure that
minority-owned and other disadvantaged businesses share more fully in the American economic system of private enterprise through free and vigorous competition
, to be fostered through encouragement and support of
such businesses;
(8) The requirement that, except in Davidson County, at least one appointee to
the board of directors of any not-for-profit corporation acting for the benefit or on behalf of any one or more counties, cities, towns or governmental entit
ies pursuant
present law concerning energy production facilities or resource recovery and solid waste disposal must be black;
(9) The requirement that when appointing a board of directors for a sports authority, the
appointing authorities strive to ensur
e that at least one director is a female and at least one director is of a racial minority
;
(10) The requirement for consideration of
the need for racial, gender, age
,
and ethnic minority diversity on utility district boards of commissioners
;
(11) The requirement that, in making appointments to board of directors for the Davidson County emergency communications district
include members selected from minorities as well as members of the sex that historically has been underrepresented on boards
and commissions of the metropolitan government
;
(12) The requirement that, in making appointments to the emergency communication board, the appointing authorities s
trive to ensure that the composition of the board represents
t
he diversity of persons in T
ennessee by considering race, gender, age, and geographical and political interests;
and
(13) The requirement that, in appointing members to a board of directors for a convention center authority, a mayor
strive to ensure that the board is composed of di
rectors who are diverse in professional background, educational background, ethnicity, race, gender, geographic residency, heritage, perspective and experience
, and
strive to appoint at least one director who is female and at least one director who is a ra
cial minority
.
Current Bill Text
Read the full stored bill text
SENATE BILL 1084
By Johnson
HOUSE BILL 923
By Maberry
HB0923
002908
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 4;
Title 5; Title 6; Title 7; Title 8 and Title 49, Chapter
7, relative to the "Dismantling DEI Departments
Act."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Dismantling DEI Departments
Act."
SECTION 2. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended by
adding the following as a new section:
A department, agency, or other unit of state government shall not maintain or
authorize an office or department that promotes or requires discriminatory preferences in
an effort to increase diversity, equity, or inclusion. All mandates, policies, programs,
activities, guidance, regulations, enforcement actions, consent orders, or other
declarations by such office or department are void.
SECTION 3. Tennessee Code Annotated, Title 5, Chapter 1, Part 1, is amended by
adding the following as a new section:
A county government shall not maintain or authorize an office or department that
promotes or requires discriminatory preferences in an effort to increase diversity, equity,
or inclusion. All mandates, policies, programs, activities, guidance, regulations,
enforcement actions, consent orders, or other declarations by such office or department
are void.
SECTION 4. Tennessee Code Annotated, Title 6, Chapter 54, Part 1, is amended by
adding the following as a new section:
- 2 - 002908
A municipal government shall not maintain or authorize an office or department
that promotes or requires discriminatory preferences in an effort to increase diversity,
equity, or inclusion. All mandates, policies, programs, activities, guidance, regulations,
enforcement actions, consent orders, or other declarations by such office or department
are void.
SECTION 5. Tennessee Code Annotated, Title 7, Chapter 3, Part 1, is amended by
adding the following as a new section:
A metropolitan government shall not maintain or authorize an office or
department that promotes or requires discriminatory preferences in an effort to increase
diversity, equity, or inclusion. All mandates, policies, programs, activities, guidance,
regulations, enforcement actions, consent orders, or other declarations by such office or
department are void.
SECTION 6. Tennessee Code Annotated, Title 49, Chapter 7, Part 1, is amended by
adding the following as a new section:
A public institution of higher education in this state shall not maintain or authorize
an office or department that promotes or requires discriminatory preferences in an effort
to increase diversity, equity, or inclusion. All mandates, policies, programs, activities,
guidance, regulations, enforcement actions, consent orders, or other declarations by
such office or department are void.
SECTION 7. This act takes effect upon becoming a law, the public welfare requiring it.