Reps. CROMER and PACE propose the following Amendment No. to H.5126 as introduced by Ways & Means

(Doc Name h:\legwork\house\amend\h-wm\012\prohibition of state funds for dei.docx):

EXPLANATION: Prohibits the utilzation of state funds for any Diversity, Equity, and Inclusion (DEI) or DEI-related initiatives.

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 572, after line 9, by adding an appropriately numbered proviso to read:

/ (GP: State Funds for Diversity, Equity, and Inclusion) (A)  Funds appropriated in this act may not be used directly or indirectly by any state agency, department, institution of higher education, board, commission, or political subdivision to establish, operate, maintain, fund, administer, promote, support, or staff any office, division, program, policy, or training related to Diversity, Equity, and Inclusion (DEI), or any substantially similar initiative regardless of the title or terminology used.

 (B) Funds appropriated in this act may not be used to enter into, renew, maintain, or fund any contract, grant, memorandum of understanding, cooperative agreement, or partnership with any public or private entity that provides, promotes, or implements Diversity, Equity, and Inclusion (DEI) programs, policies, practices, or trainings.

 (C) Funds appropriated in this act may not be used for salaries, benefits, operational expenses, programming, or activities of any employee, contractor, office, or position whose primary duties include administering, promoting, coordinating, or implementing Diversity, Equity, and Inclusion initiatives.

 (D) For purposes of this proviso, Diversity, Equity, and Inclusion includes any program, policy, training, or initiative that:

  (1) Promotes preferential or differential treatment based on race, sex, ethnicity, national origin, religion, sexual orientation, gender identity, or other identity characteristics;

  (2) Requires participation in identity-based ideological training, diversity statements, or statements of belief; or

  (3) Seeks to achieve demographic quotas, equity outcomes, or identity-based representation rather than equal treatment under the law.

 (E) Each agency or institution receiving funds in this act shall certify annually to the Executive Budget Office that funds appropriated in this act are not being used directly or indirectly in violation of this proviso.

 (F) If the Executive Budget Office determines that funds appropriated in this act have been expended in violation of this proviso, the amount expended must be withheld from future disbursements or reverted to the General Fund.

 (G) Funds appropriated in this act may not be used to retaliate against an employee, contractor, or student who reports a suspected violation of this proviso to the Executive Budget Office, the State Inspector General, or the State Treasurer./

Renumber sections to conform.

Amend totals and titles to conform.