This bill establishes a legal framework that renders contracts containing Diversity, Equity, and Inclusion (DEI) provisions void as a matter of law. It amends existing statutes to define DEI and explicitly prohibits state agencies and political subdivisions from entering into or renewing contracts that include DEI-related provisions, such as requirements for DEI training or compliance with DEI reporting obligations. The bill also clarifies that DEI does not encompass certain activities, including those of registered student organizations and compliance with the Americans with Disabilities Act. Additionally, it mandates that any contract made in violation of this prohibition shall be rescinded by a court of competent jurisdiction.

Furthermore, the bill empowers taxpayers to take legal action against public entities or state agencies that violate these provisions. Taxpayers can seek declaratory and injunctive relief, as well as reasonable attorney's fees, if they can demonstrate a violation. The bill also requires the Department of Education to investigate credible reports of violations and allows taxpayers to sue the department if it fails to conduct such investigations. The act is set to take effect 30 days after its passage.

Statutes affected:
Introduced: 21-I:112, 21-I:114, 186:71, 186:77
HB1788 text: 21-I:112, 21-I:114, 186:71, 186:77