Senate Bill 1235 aims to amend various sections of the Tennessee Code Annotated to prohibit discrimination based on race, color, ethnicity, or national origin in the membership and operations of state entity boards. The bill establishes that no person can be excluded from board membership or subjected to discrimination on these bases. It also prohibits boards from implementing race-based policies, such as affirmative action or racial quotas, and disallows the use of aggregated racial data in decision-making regarding board participation. Additionally, the bill creates a private cause of action against boards and their officers for violations, allowing plaintiffs to seek actual, compensatory, and punitive damages, as well as a minimum of $4,000 in statutory damages.
Furthermore, the bill includes several deletions from existing law, specifically removing language that previously required at least one member of a racial minority to serve on various boards and councils. This change reflects a shift away from mandated diversity quotas in board composition. The act is set to take effect immediately upon becoming law, emphasizing the urgency of its provisions.
Statutes affected: Introduced: 63-3-103(b), 63-3-103, 63-4-102(c), 63-4-102, 63-5-103(d)(2), 63-5-103, 63-6-102(c), 63-6-102, 63-7-202(i), 63-7-202, 63-9-101(a), 63-9-101, 63-10-304(c), 63-10-304, 63-11-102(c)(2), 63-11-102, 63-12-104(c), 63-12-104, 63-13-216(k), 63-13-216, 63-13-318(k), 63-13-318, 63-14-101(b)(3), 63-14-101, 63-16-102(b)(2), 63-16-102, 63-17-104(b)(3), 63-17-104, 63-17-202(b)(2), 63-17-202, 63-19-103(b)(1), 63-19-103, 63-22-101(c)(5), 63-22-101, 63-23-101(b)(6), 63-23-101, 63-24-102(b)(3), 63-24-102, 63-25-106(b), 63-25-106, 63-27-103(f), 63-27-103, 63-28-112(b), 63-28-112, 63-31-103(e), 63-31-103, 68-24-601(b)(6), 68-24-601, 68-29-109(j), 68-29-109, 68-140-303(e)(1), 68-140-303