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Human Rights - As enacted, enacts the "Dismantling DEI Departments Act." - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8 and Title 49, Chapter 7. Companion bill has been assigned Public Chapter Number 458 by the, the official text

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      State f/J&YWSsee

                             PUBLIC CHAPTER NO. 458

                                                    SENATE BILL NO. 1084

  By Johnson, Hensley, Rose, Stevens, Watson, Bowling, Bailey, Crowe, Gardenhire, Taylor

                                           Substituted for: House Bill No. 923

    By Maberry; Mr. Speaker Sexton; Lamberth, Powers, Capley, Reedy, McCalmon, Todd, Davis,
                                                             Reeves

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)(1) A department, agency, or other unit of state government shall not use a
                   discriminatory preference in an effort to increase diversity, equity, or inclusion or
                   establish or maintain an office, division, or department for such purposes. All
                   mandates, policies, programs, activities, guidance, regulations, enforcement actions,
                   consent orders, or other declarations of a department, agency, or other unit of state
                   government, or an office, division, or department thereof, in existence prior to the
                   effective date that are in conflict with this section of this act are void.

                             (2) As used in this subsection (a), "discriminatory preference":

                                       (A) Means a policy, practice, or requirement that grants or withholds
                             benefits, 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; and

                                       (8) Does not include:

                                                 (i) Public health, medical research, or disease prevention
                                       programs that use demographic-based outreach for medically
                                       substantiated reasons, such as initiatives addressing health conditions
                                       that disproportionately affect specific populations; or

                                                 (ii) 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 mandate quotas, alter
                                       selection criteria, or require preferential treatment based on
                                       demographic characteristics.

                    (b)(1) This section does not apply to a department, agency, or other unit of state
                    government that submits notice in writing to the comptroller of the treasury that
                    compliance with this section would result in a loss of federal funding, to the extent
                    such an exemption is necessary to conform to federally awarded or amended
                    contracts, subcontracts, or postsecondary grants as a condition to receipt of federal
                    funds. The comptroller of the treasury shall create guidelines as to what information is
                    required in the notice. The comptroller shall review a notice submitted by a
                    department, agency, or other unit of state government and, if the comptroller finds
                    that compliance would result in the loss of federal funding, then the comptroller shall
SB 1084

                    notify the department, agency, or other unit of state government in writing of its
                    exemption.

                              (2) After one (1) calendar year from the date on which the comptroller
                    exempts a department, agency, or other unit of state government from this section,
                    the department, agency, or other unit of state government shall submit in writing to
                    the comptroller to have the exemption renewed for an additional one-year period. A
                    department, agency, or other unit of state government shall notify the comptroller
                    within fourteen (14) days if the conditions or justifications for the comptroller granting
                    the exemption no longer exist.

          SECTION 3. Tennessee Code Annotated, Title 5, Chapter 1, Part 1, is amended by adding
the following as a new section:

                    (a)(1) A county government shall not use a discriminatory preference in an effort to
                    increase diversity, equity, or inclusion or establish or maintain an office, division, or
                    department for such purposes. All mandates, policies, programs, activities, guidance,
                    regulations, enforcement actions, consent orders, or other declarations of a county
                    government, or an office, division, or department thereof, in existence prior to the
                    effective date that are in conflict with this section of this act are void.

                              (2) As used in this subsection (a), "discriminatory preference" means a policy,
                    practice, or requirement that grants or withholds benefits, 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, or
                    lawful eligibility criteria.

                    (b)(1) This section does not apply to a county government that submits notice in
                    writing to the comptroller of the treasury that compliance with this section would result
                    in a loss of federal funding, to the extent such an exemption is necessary to conform
                    to federally awarded or amended contracts, subcontracts, or postsecondary grants as
                    a condition to receipt of federal funds. The comptroller of the treasury shall create
                    guidelines as to what information is required in the notice. The comptroller shall
                    review a notice submitted by a county government and, if the comptroller finds that
                    compliance would result in the loss of federal funding, then the comptroller shall notify
                    the county government in writing of its exemption.

                              (2) After one (1) calendar year from the date on which the comptroller
                    exempts a county government from this section, the county government shall submit
                    in writing to the comptroller to have the exemption renewed for an additional one-year
                    period. A county government shall notify the comptroller within fourteen (14) days if
                    the conditions or justifications for the comptroller granting the exemption no longer
                    exist.

          SECTION 4. Tennessee Code Annotated, Title 6, Chapter 54, Part 1, is amended by adding
the following as a new section:

                    (a)(1) A municipal government shall not use a discriminatory preference in an effort to
                    increase diversity, equity, or inclusion or establish or maintain an office, division, or
                    department for such purposes. All mandates, policies, programs, activities, guidance,
                    regulations, enforcement actions, consent orders, or other declarations of a municipal
                    government, or an office, division, or department thereof, in existence prior to the
                    effective date that are in conflict with this section of this act are void.

                              (2) As used in this subsection (a), "discriminatory preference" means a policy,
                    practice, or requirement that grants or withholds benefits, opportunities, advantages,
                    or disadvantages to an individ.ual or group based on race, ethnicity, sex, age, or any
                    other demographic characteristic, rather than on individual merit, qualifications, or
                     lawful eligibility criteria.

                     (b)(1) This section does not apply to a municipal government that submits notice in
                    writing to the comptroller of the treasury that compliance with this section would result
                     in a loss of federal funding, to the extent such an exemption is necessary to conform
                    to federally awarded or amended contracts, subcontracts, or postsecondary grants as
                     a condition to receipt of federal funds. The comptroller of the treasury shall create
                    guidelines as to what information is required in the notice. The comptroller shall
                     review a notice submitted by a municipal government and, .if the comptroller finds that
                     compliance would result in the loss of federal funding, then the comptroller shall notify
                    the municipal government in writing of its exemption.

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SB 1084

                   (2) After one (1) calendar year from the date on which the comptroller
         exempts a municipal government from this section, the municipal government shall
         submit in writing to the comptroller to have the exemption renewed for an additional
         one-year period. A municipal government shall notify the comptroller within fourteen
         (14) days if the conditions or justifications for the comptroller granting the exemption
         no longer exist.

          SECTION 5. Tennessee Code Annotated, Title 7, Chapter 3, Part 1, is amended by adding
the following as a new section:

         (a)(1) A metropolitan government shall not use a discriminatory preference in an effort
         to increase diversity, equity, or inclusion or establish or maintain an office, division, or
         department for such purposes. All mandates, policies, programs, activities, guidance,
         regulations, enforcement actions, consent orders, or other declarations of a
         metropolitan government, or an office, division, or department thereof, in existence
         prior to the effective date that are in conflict with this section of this act are void.

                   (2) As used in this subsection (a), "discriminatory preference" means a policy,
         practice, or requirement that grants or withholds benefits, 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, or
         lawful eligibility criteria.

         (b)(1) This section does not apply to a metropolitan government that submits notice in
         writing to the comptroller of the treasury that compliance with this section would result
         in a loss of federal funding, to the extent such an exemption is necessary to conform
         to federally awarded or amended contracts, subcontracts, or postsecondary grants as
         a condition to receipt of federal funds. The comptroller of the treasury shall create
         guidelines as to what information is required in the notice. The comptroller shall
         review a notice submitted by a metropolitan government and, if the comptroller finds
         that compliance would result in the loss of federal funding, then the comptroller shall
         notify the county government in writing of its exemption.

                   (2) After one (1) calendar year from the date on which the comptroller
         exempts a metropolitan government from this section, the metropolitan government
         shall submit in writing to the comptroller to have the exemption renewed for an
         additional one-year period. A metropolitan government shall notify the comptroller
         within fourteen (14) days if the conditions or justifications for the comptroller granting
         the exemption no longer exist.

          SECTION 6. Tennessee Code Annotated, Title 49, Chapter 7, Part 1, is amended by adding
the following as a new section:

         (a)(1) A public institution of higher education in this state shall not use a
         discriminatory preference in an effort to increase diversity, equity, or inclusion or
         establish or maintain an office, division, or department for such purposes. All
         mandates, policies, programs, activities, guidance, regulations, enforcement actions,
         consent orders, or other declarations of a public institution of higher education, or an
         office, division, or department thereof, in existence prior to the effective date that are
         in conflict with this section of this act are void.

                   (2) As used in this subsection (a), "discriminatory preference" means a policy,
         practice, or requirement that grants or withholds benefits, 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, or
         lawful eligibility criteria.

         (b)(1) This section does not apply to a public institution of higher education that

         submits notice in writing to the comptroller of the treasury that compliance with this

         section would result in a loss of federal funding, to the extent such an exemption is

         necessary to conform to federally awarded or amended contracts, subcontracts, or

         postsecondary grants as a condition to receipt of federal funds. The comptroller of the

         treasury shall create guidelines as to what information is required in the notice. The

         comptroller shall review a notice submitted by a public institution of higher education

         and,_ if the comptroller finds that compliance would result in the loss of federal

         funding, then the comptroller shall notify the public institution of higher education in

         writing of its exemption.     -

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SB 1084

                             (2) After one (1) calendar year from the date on which the comptroller
                   exempts a public institution of higher education from this section, the public institution
                   of higher education shall submit in writing to the comptroller to have the exemption
                   renewed for an additional one-year period. A public institution of higher education
                   shall notify the comptroller within fourteen (14) days if the conditions or justifications
                   for the comptroller granting the exemption no longer exist.

          SECTION 7. Tennessee Code Annotated, Section 8-1-111, is amended by deleting the
section and substituting instead:

                   (a) Notwithstanding any law to the contrary, the governor shall not grant preferential
          treatment when 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.

                    (b) In appointing citizens to serve on boards, commissions, committees, and other
          governing or advisory entities of the executive branch of state government, the governor
          shall strive to ensure that all appointments be made based on individual merit, qualifications,
          and the needs of the board, commission, committee, or other governing or adviso'ry entity.

          SECTION 8. Tennessee Code Annotated, Section 4-8-301 (a)(2), is amended by deleting
subdivisions (B) and (C).

          SECTION 9. Tennessee Code Annotated, Section 4-10-103, is amended by deleting
subsection (k).

          SECTION 10. Tennessee Code Annotated, Section 4-11-102, is amended by deleting
subdivision (e)(1 ).

          SECTION 11. Tennessee Code Annotated, Section 4-11-106(a)(2), is amended by deleting
the third sentence.

          SECTION 12. Tennessee Code Annotated, Section 4-11-302, is amended by deleting
subdivision (a)(9).

          SECTION 13. Tennessee Code Annotated, Section 4-14-203, is amended by deleting
subsection (i).

          SECTION 14. Tennessee Code Annotated, Section 4-20-101, is amended by deleting
subdivision (a)(2).

          SECTION 15. Tennessee Code Annotated, Section 4-20-107, is amended by deleting the
section.

          SECTION 16. Tennessee Code Annotated, Section 4-20-301, is amended by deleting
subsection (i).

          SECTION 17. Tennessee Code Annotated, Section 4-23-202(a)(2), is amended by deleting
the fourth sentence ofthe subdivision and substituting instead:

          In appointing private citizens to serve on the Tennessee residence commission, the governor
          shall strive to ensure that at least one (1) $uch citizen is a resident of the City of Oak Hill.

          SECTION 18. Tennessee Code Annotated,, Section 4-24-104, is amended by deleting
subsection (d).

          SECTION 19. Tennessee Code Annotated, Section 4-28-105, is amended by deleting
subsection (g).

          SECTION 20. Tennessee· Code Annotated, Section 4-28-106, is amended by deleting
subsection (g).

          SECTION 21. Tennessee Code Annotated, Section 4-49-105, is amended by deleting
subsection (h) and substituting instead:

                    (h) In making appointments to the council, the appointing authorities shall strive to
          ensure that the council has experience in:

                              (1) The sports industry;

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SB 1084

                             (2) Accounting; and
                             (3) Law enforcement.
         SECTION 22. Tennessee Code Annotated, Section 4-51-103, is amended by deleting
subsection (d).
          SECTION 23. Tennessee Code Annotated, Section 4-51-112, is amended by deleting the
section.
          SECTION 24. Tennessee Code Annotated, Section 4-56-106, is amended by deleting
subdivision (a)(6).
          SECTION 25. Tennessee Code Annotated, Section 6-54-114(b), is amended by deleting the
last sentence.
          SECTION 26. Tennessee Code Annotated, Section 7-4-109, is amended by deleting
subdivision (a)(2).
          SECTION 27. Tennessee Code Annotated, Section 7-53-313, is amended by deleting the
section.
          SECTION 28. Tennessee Code Annotated, Section 7-54-113(a), is amended by deleting the
second sentence.
          SECTION 29. Tennessee Code Annotated, Section 7-67-108, is amended by deleting
subdivision (a)(4)(C)(iv) and the last sentence of subdivision (a)(4)(8).
          SECTION 30. Tennessee Code Annotated, Section 7-82-307, is amended by deleting
subsection (e) and subdivision (g)(4).
          SECTION 31. Tennessee Code Annotated, Section 7-82-701 (c)(1 )(E), is amended by
deleting the subdivision and substituting instead:
                    (E) One (1) member, appointed by the governor, who has experience in
          governmental finance and is not a state employee;
          SECTION 32. Tennessee Code Annotated, Section 7-86-105(b)(2), is amended by deleting
the last sentence.
          SECTION 33. Tennessee Code Annotated, Section 7-86-302, is amended by deleting
subdivision (b)(3)(A).
          SECTION 34. Tennessee Code Annotated, Section 7-89-108(a)(4), is amended by deleting
the second and third sentences and substituting instead:
          The chief executive officer of the municipality shall strive to ensure that the board is
          composed of directors who are diverse in professional background, educational background,
          geographic residency, perspective, and experience.
          SECTION 35. Tennessee Code Annotated, Section 8-1-111, is amended by deleting the
section.
          SECTION 36. Tennessee Code Annotated, Section 8-30-108(c)(1 ), is amended by deleting
the subdivision and substituting instead:
                    (1) The governor shall appoint the members of the board of appeals from the public at
          large.
          SECTION 37. This act takes effect upon becoming a law, the public welfare requiring it.

                                                                   5
         SENATE BILL NO. 1084

PASSED:  Apri I 22, 2025

                                       RANDY M~ALLY
                          SPEAKER OF THE S~NATE

                          CAMEROlrSEXTON,SPEAKER
                          HOUSE OF REPRESENTATIVES

rl\ct- ! ~ APPROVED this
         day of           A. /\  2025

         BILL LEE, GOVERNOR
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