(a) (1) A municipal government shall not use a discriminatory preference in an effort to increase diversity, equity, or inclusion or establish or maintain an office, division, or department for such purposes. All mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, or other declarations of a municipal government, or an office, division, or department thereof, in existence prior to May 9, 2025 that are in conflict with this section of this act are void.(2) As used in this subsection (a), “discriminatory preference” means a policy, practice, or requirement that grants or withholds benefits, opportunities, advantages, or disadvantages to an individual or group based on race, ethnicity, sex, age, or any other demographic characteristic, rather than on individual merit, qualifications, or lawful eligibility criteria.
(1) A municipal government shall not use a discriminatory preference in an effort to increase diversity, equity, or inclusion or establish or maintain an office, division, or department for such purposes. All mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, or other declarations of a municipal government, or an office, division, or department thereof, in existence prior to May 9, 2025 that are in conflict with this section of this act are void.
(2) As used in this subsection (a), “discriminatory preference” means a policy, practice, or requirement that grants or withholds benefits, opportunities, advantages, or disadvantages to an individual or group based on race, ethnicity, sex, age, or any other demographic characteristic, rather than on individual merit, qualifications, or lawful eligibility criteria.
(b) (1) This section does not apply to a municipal government that submits notice in writing to the comptroller of the treasury that compliance with this section would result in a loss of federal funding, to the extent such an exemption is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. The comptroller of the treasury shall create guidelines as to what information is required in the notice. The comptroller shall review a notice submitted by a municipal government and, if the comptroller finds that compliance would result in the loss of federal funding, then the comptroller shall notify the municipal government in writing of its exemption.(2) After one (1) calendar year from the date on which the comptroller exempts a municipal government from this section, the municipal government shall submit in writing to the comptroller to have the exemption renewed for an additional one-year period. A municipal government shall notify the comptroller within fourteen (14) days if the conditions or justifications for the comptroller granting the exemption no longer exist.
(1) This section does not apply to a municipal government that submits notice in writing to the comptroller of the treasury that compliance with this section would result in a loss of federal funding, to the extent such an exemption is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. The comptroller of the treasury shall create guidelines as to what information is required in the notice. The comptroller shall review a notice submitted by a municipal government and, if the comptroller finds that compliance would result in the loss of federal funding, then the comptroller shall notify the municipal government in writing of its exemption.
(2) After one (1) calendar year from the date on which the comptroller exempts a municipal government from this section, the municipal government shall submit in writing to the comptroller to have the exemption renewed for an additional one-year period. A municipal government shall notify the comptroller within fourteen (14) days if the conditions or justifications for the comptroller granting the exemption no longer exist.
(c) The executive head of each municipal government subject to this section shall submit an annual attestation of compliance with subsection (a) to the comptroller of the treasury not later than January 1, 2027, and each January 1 thereafter.