HB 1237

With regard to state licensing boards, including health-related boards, this bill prohibits the following:  A person from being excluded from membership on the board on the basis of race, color, ethnicity, or national origin.  A person from being subjected to discrimination on the basis of race, color, ethnicity, or national origin as a member of the board.  The board from establishing or operating under race-based policies pertaining to the composition of such entities, including policies on affirmative action, racial preferences, or racial quotas.  The board from using a person's race, color, ethnicity, or national origin to determine the person's participation as a member of the board, and the use of aggregated data concerning the race, color, ethnicity, or national origin of such persons to make such decisions. This bill removes language in present law relative to different boards that required a specific number of me mbers to be of a particular sex or race. CAUSE OF ACTION This bill establishes a private cause of action (i) against a board that violates the prohibitions above and (ii) against any officer, employee, or agent of the board for violating those prohibiti ons. 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 of the board, then the cause of action must lie against the board, t he officer, the employee, the agent, or a combination of such parties. REMEDIES This bill authorizes a plaintiff to seek to recover (i) actual or compensatory damages sustained by the plaintiff; and (ii) punitive damages, if the plaintiff demonstrates t hat the board or other persons discriminated against the person intentionally or with reckless indifference to the protected rights of the plaintiff. The plaintiff must prove such damages by a preponderance of the evidence. Additionally, the plaintiff m a y seek injunctive and declaratory relief, and the state waives sovereign immunity. In an award of damages resulting from an action brought by a plaintiff, this bill provides that the defendant is strictly liable to the plaintiff for a minimum of $4,000 in statutory damages, independent of any actual or compensatory damages sustained by the plaintiff as a result of a violation of this bill. ON MARCH 10, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1237, AS AMENDED. AMENDMENT #1 makes the following revisions:  Removes the requirement for the governor to strive to ensure that at least one person serving on the following boards is a member of a racial minority: (i) the state board of accountancy, (ii) the board of cosmetology and barber examiners, (iii) the board of funeral directors and embalmers, (iv) the state board for licensing contractors, (v) the Tennessee real estate commission, (vi) the state board of examiners for land surveyors, (vii) the Tennessee auctioneer commission, (viii) the Tennessee collection service board, and (ix) the elevator and amusement device safety board.  Removes the requirement that the state board of examiners for architects and engineers include, where possible, at least one member of a racial minority.  Removes the requirement that the commissioner of commerce and insurance, or the commissioner's designee, strive to achieve a diverse membership that represents the citizenry of Tennessee on the detection services advisory committee.  Removes the requirement for the governor to strive to ensure that at least two persons serving on the real estate appraiser commission are members of a racial minority.  Restores the current requirement in present law that, in making appointments to the board of medical examiners, the governor must, to the extent feasible, strive to ensure the full 12-member board is composed of at least one person who is female. ON MARCH 31, 2025, THE SENATE SUBSTITUTED HOUSE BILL 1237 FOR SENATE BILL 1235, ADOPTED AMENDMENT #1, AND PASSED HOUSE BI LL 1237, AS AMENDED. AMENDMENT #1 makes the following revisions:  Removes the present law provision requiring, in making appointments to the elevator and amusement device safety board , the governor to ensure that at least one person serving on the board is 60 or older.  Removes the present law provision requiring, in making appointments to the board of boiler rules, the governor to strive to ensure that at least one person serving on the board is 60 or older and that at least one person serving on the board is a member of a racial minority.  Removes the private cause of action created by the bill against any officer, employee, or agent of a board for violating the bill .