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CS/CS/SB 1134 — Official Actions of Local Governments

by Rules Committee; Judiciary Committee; and Senator Yarborough

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Community Affairs Committee (CA)

The bill prohibits counties and municipalities from funding, promoting, or taking official actions such as adopting ordinances, resolutions, rules, regulations, programs, or policies, related to diversity, equity, and inclusion (DEI). It also prohibits a county or municipality from expending any funds, regardless of the source, to establish, support, sustain, or staff a DEI office or officer.

 

The bill provides that a member of a county or municipal governing body acting in his or her official capacity who violates the prohibitions commits misfeasance or malfeasance in office. It also prohibits counties and municipalities from allowing their funds to be used by employees, contractors, and others to promote DEI initiatives.

 

An action may be brought by a resident against a county or municipality that violates the bill’s provisions. The bill does not prohibit official action required for compliance with general or federal law, and includes a series of exceptions, including, but not limited to, for operating and maintaining federal monuments and memorials located in this state or recognizing individuals or groups honored by state monuments, memorials, or museums authorized in state law.

 

The bill also requires the potential recipients of a county or municipal contract or grant to certify that they do not and will not use local government funds to require employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials related to DEI.

 

The statute created by the bill applies to any contract between a county or municipality and a diversity, equity, and inclusion officer which is in existence on January 1, 2027. With respect to all other contracts, the statute applies to contracts executed or renewed after January 1, 2027.

 

If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect on January 1, 2027.

 

Vote: Senate 25-11; House 77-37