This bill establishes that contracts containing provisions related to Diversity, Equity, and Inclusion (DEI) are void as a matter of law. It amends existing statutes to define DEI as any program or initiative that classifies individuals based on certain characteristics for demographic outcomes, rather than treating individuals equally. The bill explicitly states that DEI does not include activities of registered student organizations, mental or physical health services by licensed professionals, bona fide qualifications based on sex, or compliance with the Americans with Disabilities Act. Additionally, it prohibits public entities and state agencies from entering into or renewing contracts with DEI-related provisions, and mandates that any such contracts be rescinded by a court.

Furthermore, the bill grants taxpayers the right to sue public entities or state agencies for engaging in or failing to investigate contracts with DEI provisions. Taxpayers can seek declaratory and injunctive relief, as well as reasonable attorney's fees if they can demonstrate a violation of the law. The Department of Education is also required to conduct investigations into credible reports of violations, and taxpayers can take legal action if the department fails to investigate such reports. The bill 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