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SB 1083

Tennessee - Session 114

Senate enacted 2025-05-27
Bill Details

Title: AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 7; Title 8 and Title 49, relative to hiring practices of governmental entities.

Summary

ON APRIL 17, 2025, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 622, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law: EMPLOYMENT DECISIONS  Prohibits a county government, municipal government, metropolitan government, local education agency (LEA), public institution of higher education, and the state from basing an employment decision on any metric that considers an applicant's or employee's race, ethnicity, sex, age, or any other demographic characteristic, rather than on individual merit, qualifications, veteran status, or lawful eligibility criteria.  Clarifies that this amendment does not apply to an employment decision of a county government, if the county government submits notice in writing to the comptroller of the treasury that compliance with this amendment would result in a loss of federal funding, to the extent such an exemption for the employment decision 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 must create guidelines as to what information is required in the notice. The comptroller must 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 must notify the county government in writing of its exemption.  Requires, after one calendar year from the date on which the comptroller exempts an employment decision by a county government from this amendment, the county government to submit in writing to the comptroller to have the exemption renewed for an additional one-year period. A county government must notify the comptroller within 14 days if the conditions or justifications for the comptroller granting the exemption no longer exist.  Defines, for purposes of this amendment, an "employment decision"" as any action or determination relating to the hiring, firing, retention, promotion, demotion, discipline, evaluation, compensation, training, reassignment, or any other term, condition, or privilege of employment. However, the term does not include actions required under applicable state or federal employment laws. STATE BOARD OF EDUCATION  Removes a present law provision requiring the commissioner of education to recommend, and the state board of education to adopt, a policy to promote educator diversity.  Prohibits, instead, the state board of education from adopting a policy that promotes educator diversity based on race, ethnicity, sex, age, or any other demographic characteristic, rather than on individual merit, qualifications, veteran status, or lawful eligibility criteria. Any policy previously adopted by the board in conflict with this amendment is void and of no effect. AMENDMENT #2 clarifies that the demographic characteristics not to be used in emp loyment decisions pursuant to this bill are those characteristics related to ethnicity, sex, and age."

Sponsor
Jack Johnson
Official Source Back to Bills
Actions Timeline
Date Event Detail
2025-01-30 Introduced Bill introduced
2025-05-21 Status enacted
2025-05-27 Latest Action Effective date(s) 05/21/2025
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