Terminating and defunding diversity, equity and inclusion. | 25LSO-0501, 1.2 |
FISCAL NOTE
The University of Wyoming indicates the following regarding the fiscal impact:
The State Budget Department indicates the fiscal impact is indeterminable.
The fiscal impact to the judicial system is indeterminable due to an unknown number of cases.
Prepared by: Dean Temte, LSO Phone: 777-7881
(Information provided by Rory L. Horsley, Governor's Office, 777-5010;
Rory L. Horsley, Dept. of Administration & Information, 777-5010;
Mike Smith, University of Wyoming, 307-766-3937;
Laurel Ballard, Community College Commission, 777-6290;
Kevin Hibbard, State Budget Department, 777-6045;
Trent Carroll, Department of Education, 777-7720;
Claire Smith, Supreme Court, 777-7502)
SF0103
ORIGINAL Senate ENGROSSED
File No. SF0103
ENROLLED ACT NO. 61, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session
AN ACT relating to the administration of the government; generally prohibiting diversity, equity and inclusion efforts and mandates by state agencies and public educational institutions; conditioning the expenditure of appropriated funds as specified; specifying applicability; providing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9‑2‑1014.4 and 21‑16‑2001 are created to read:
9‑2‑1014.4. Funds and expenditures for diversity, equity and inclusion efforts prohibited.
(a) As used in this section:
(i) \"Diversity, equity and inclusion\" includes any of the following:
(A) Influencing hiring or employment practices with respect to race, sex, color or ethnicity, other than through the use of race and gender neutral practices in accordance with any applicable state and federal law;
(B) Promoting differential treatment of or providing special benefits to persons on the basis of race, color or ethnicity;
(C) Promoting policies or procedures designed or implemented to promote differential treatment or special benefits based on race, color or ethnicity, except for policies or procedures necessary to comply with any state law, federal law or applicable court order;
(D) Conducting trainings, programs or activities designed or implemented to promote differential treatment or special benefits for persons based on race, color, ethnicity or gender dysphoria, except for trainings, programs or activities that are for the sole purpose of ensuring compliance with state law, federal law or any applicable court order;
(E) A program, policy or practice, regardless of its title, that seeks to advance the principles of prioritizing group identity over individual merit or that promotes outcomes based on race, sex, color, ethnicity or national origin unless explicitly required by federal law.
(ii) \"Entity\" means any governmental entity that will receive a legislative appropriation, including agencies of the executive branch, the offices of the five (5) statewide elected officials, the legislature, the judiciary, community colleges, the University of Wyoming, the Wyoming department of transportation, the game and fish department, counties, municipalities and school districts;
(iii) \"Federally recognized Indian tribe\" means a tribal government and its citizens who have an acknowledged government‑to‑government relationship with the United States of America.
(b) As a condition of receiving or expending any monies or funds appropriated, each governmental entity shall not expend any appropriated funds or funds received from bequests, charges, deposits, donations, endowments, fees, grants, gifts, tuition and any other source for programs or activities that, unless federal law otherwise requires:
(i) Establish or maintain a diversity, equity and inclusion office or program;
(ii) Hire or assign an employee or a contracted person to perform the duties associated with a diversity, equity and inclusion office or program;
(iii) Compel, require, induce or solicit any person to provide or abide by a diversity, equity and inclusion statement or give preferential treatment to any person based on a diversity, equity or inclusion statement;
(iv) Give preference on the basis of race, sex, color, ethnicity or national origin to an applicant for employment, an employee or a participant in any core function of the entity;
(v) Require, as a condition of employment, enrollment, a contract or the receipt of funds, the participation in diversity, equity and inclusion training.
(c) Nothing in this section shall be construed to:
(i) Prohibit the use or consideration of bona fide qualifications based on sex that are reasonably necessary to the normal operation of public higher education;
(ii) Prohibit the University of Wyoming or Wyoming community colleges, or an employee thereof, from submitting documentation or a statement for purposes of a grant or to comply with accreditation requirements;
(iii) Prohibit the provision of support services, including trainings, intended to familiarize students, faculty and staff with the Eastern Shoshone Tribe and the Northern Arapaho Tribe, or other federally recognized Indian tribes or groups identified as a political class, classification or identity;
(iv) Prohibit a governmental entity, or an employee thereof, from submitting documentation or a statement for purposes of a grant.
(d) For purposes of this section, \"diversity, equity and inclusion office or program\" shall not include:
(i) Academic course instruction;
(ii) The completion or dissemination of scholarly research or creative works by students, faculty and other research personnel of the University of Wyoming or Wyoming community colleges;
(iii) An activity of a student organization registered with or recognized by the University of Wyoming or a Wyoming community college;
(iv) Guest speakers or performers at the University of Wyoming or a Wyoming community college on a short‑term engagement;
(v) Data collection.
(e) The following shall apply to this section:
(i) Federally recognized Indian tribes and their citizens are recognized by federal law and court rulings as a political class, classification or identity. Tribes and their members are not a race or a racial classification for purposes of this section;
(ii) As a political class, classification or identity, federally recognized Indian tribes and programs, degrees, classes or endowments related to federally recognized Indian tribes or Indian history, culture, language and traditions, are not diversity, equity and inclusion as defined by this section. Nothing in this section shall be construed to apply to federally recognized Indian tribes.
ARTICLE 20
DIVERSITY RELATED INITIATIVES AND FUNDING
21‑16‑2001. Restrictions on required courses for diversity, equity and inclusion.
(a) As used in this section:
(i) \"Constrain\" means failure during any semester or academic unit to provide sufficient open seats in alternative courses for a student to complete or progress toward completion of degree or program requirements;
(ii) \"Related content\" means instruction advocating the concepts prohibited by W.S. 9‑2‑1014.4(b) and does not include identifying and discussing historical movements, ideologies or instances of racial hatred or discrimination, including but not limited to slavery, Indian removal, the Holocaust or Japanese‑American internment;
(iii) \"Related course\" means any course whose course description, course overview, course objectives, proposed student learning outcomes, written examinations or written or oral assignments for which the student will receive a grade that includes related content;
(iv) \"Related practice\":
(A) Includes any requirement or guidance that a course instructor include or curate materials on the basis of race, sex or gender dysphoria;
(B) Includes participating in any workshop, training, seminar or professional development on any related content;
(C) Does not include any programming explicitly required by, and limited to, the institutional obligations to comply with state or federal law or an applicable court order.
(b) In prescribing the studies to be pursued at the University of Wyoming or a Wyoming community college, the board of trustees of the University of Wyoming and the district boards of each community college shall establish curricula and designate courses in a manner that does not require or constrain students to expend tuition or other funds on, or enroll in, a related course in order to satisfy the requirements of any academic degree program, including general education, major, minor or certificate requirements, subject to subsection (d) of this section.
(c) The board of trustees of the University of Wyoming and the district boards of each community college, or any employee or professional thereof, shall not require, solicit or incentivize faculty or students to apply or participate in related practices, or include related content in any required course, as a condition of approval, designation or listing as part of any academic degree program, including any major, minor or certificate requirements or as a condition of consideration in any faculty member's performance assessment, tenure, salary adjustment or any other incentive, subject to subsection (d) of this section.
(d) Academic degree program requirements of any major, minor, certificate or department whose title clearly establishes its course of study as primarily focused on racial, ethnic or gender studies may be exempted from the requirements of subsections (b) and (c) of this section in writing by the board of trustees or the district board, as applicable, subject to the following:
(i) No student shall be required or constrained to enroll in any exempted program, department or course to satisfy the requirements of any other academic degree program;
(ii) The title of any currently established department, major, minor or certificate program shall not be altered or replaced to establish an emphasis on racial, ethnic or gender studies.
Section 2.
(a) There is appropriated five hundred fifty thousand dollars ($550,000.00) from the general fund to the University of Wyoming to provide medical education and training, and administrative costs thereof, for the first cohort of five (5) students under an agreement with the University of Utah school of medicine. Funds from this general fund appropriation shall be expended by the University of Wyoming provided that:
(i) The board of trustees of the University of Wyoming has entered into a contract with the University of Utah school of medicine under W.S. 21‑17‑109;
(ii) Students receiving medical education and training under this section shall comply with the state of Utah's diversity, equity and inclusion laws as they pertain to instruction and training provided at the University of Utah school of medicine;
(iii) The board of trustees of the University of Wyoming obtains an agreement with any student receiving medical education and training as specified in W.S. 21‑17‑109(d); and
(iv) All other provisions of W.S. 21‑17‑109 are satisfied.
(b) This appropriation shall not be transferred or expended for any other purpose. It is the intent of the legislature that this appropriation be doubled and funding for five (5) additional medical students each academic year be included in the University of Wyoming's standard budget for the immediately succeeding fiscal biennium.
Section 3.
(a) This act shall apply to all funds that are appropriated or received on and after the effective date of this act.
(b) Nothing in this act shall be construed to alter, amend or impair any contract or other agreement entered into before the effective date of this act.
Section 4. This act is effective July 1, 2025.
(END)
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Speaker of the House |
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| President of the Senate |
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| Governor |
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| TIME APPROVED: _________ |
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| DATE APPROVED: _________ |
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I hereby certify that this act originated in the Senate.
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Chief Clerk |
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SF0103 | Terminating and defunding diversity, equity and inclusion. |
Sponsored By: Senator(s) Steinmetz, Boner, Hicks, Hutchings and Jones and Representative(s) Angelos, Haroldson, Lawley, Neiman and Smith, S
AN ACT relating to the administration of the government; generally prohibiting diversity, equity and inclusion efforts and mandates by state agencies and public educational institutions; conditioning the expenditure of appropriated funds as specified; specifying applicability; providing an appropriation; and providing for an effective date.
1/10/2025 Bill Number Assigned
1/13/2025 S Received for Introduction
1/24/2025 S Introduced and Referred to S05 - Agriculture
1/30/2025 S05 - Agriculture:Recommend Amend and Do Pass 5-0-0-0-0
ROLL CALL
Ayes: Senator(s) Crago, French, Ide, Mckeown, Taliaferro Pearson
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/30/2025 S Placed on General File
SF0103SS001/ADOPTED
Page 3-line 1 Delete \"dysphonia\" and insert \"dysphoria\".
Page 7-line 16 Delete \"dysphonia\" and insert \"dysphoria\".
Page 9-line 8 Delete \"dysphonia\" and insert \"dysphoria\". French, Chairman
SF0103SW001/ADOPTED
Page 3-after line 14 Insert and renumber as necessary:
\"(iii) \"Federally recognized Indian tribe\" means a tribal government and its citizens who have an acknowledged government-to-government relationship with the United States of America.\".
Page 4-line 15 After \"participant in any\" insert \"core\".
Page 5-line 9 After \"requirements\" delete \"that:\" and insert \".\".
Page 5-lines 11 through 16 Delete entirely.
Page 5-after line 16 Insert and renumber as necessary:
\"(iii) Prohibit the provision of support services, including trainings, intended to familiarize students, faculty and staff with the Eastern Shoshone Tribe and the Northern Arapaho Tribe, or other federally recognized Indian tribes or groups identified as a political class, classification or identity.\".
Page 6-after line 14 Insert:
\"(e) The following shall apply to this section:
(i) Federally recognized Indian tribes and their citizens are recognized by federal law and court rulings as a political class, classification or identity. Tribes and their members are not a race or a racial classification for purposes of this section;
(ii) As a political class, classification or identity, federally recognized Indian tribes and programs, degrees, classes or endowments related to federally recognized Indian tribes or Indian history, culture, language and traditions, are not diversity, equity and inclusion as defined by this section. Nothing in this section shall be construed to apply to federally recognized Indian tribes.\".
Page 7-line 7 Delete \":\".
Page 7-lines 9 through 23 Delete entirely including the Senate standing committee amendment (SF0103SS001/A) to these lines.
Page 8-lines 1 through 11 Delete entirely.
Page 8-line 13 Delete \"(B)\".
Page 9-line 1 After \"grade\" insert \"that\"; after \"includes\" insert \"related\"; after \"content\" delete \"on diversity, equity and\".
Page 9-line 2 Delete \"inclusion or critical race theory\".
Page 10-line 12 After \"content in any\" insert \"required\".
Page 10-line 14 Delete \"general education,\" and insert \"any\".
Page 11-line 8 After \"program\" delete balance of line and insert \";\".
Page 11-line 9 Delete entirely.
Page 11-lines 11 through 17 Delete entirely and renumber as necessary.
Page 11-line 19 Delete \"(iii)\" and insert \"(ii)\". Steinmetz
2/6/2025 S COW:Passed
SF0103S2001/ADOPTED
Page 3-line 8 Delete \"directly or\".
Page 3-line 9 Delete \"indirectly,\". Steinmetz
2/7/2025 S 2nd Reading:Passed
2/10/2025 S 3rd Reading:Passed 26-4-1-0-0
ROLL CALL
Ayes: Senator(s) Anderson, Barlow, Biteman, Boner, Brennan, Cooper, Crago, Crum, Dockstader, Driskill, French, Hicks, Hutchings, Ide, Jones, Kolb, Laursen, Mckeown, Nethercott, Olsen, Pearson, Salazar, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Case, Gierau, Landen, Rothfuss
Excused: Senator Pappas
Ayes 26 Nays 4 Excused 1 Absent 0 Conflicts 0
2/10/2025 H Received for Introduction
2/12/2025 H Introduced and Referred to H10 - Labor
2/21/2025 H10 - Labor:Recommend Amend and Do Pass 7-1-1-0-0
ROLL CALL
Ayes: Representative(s) Clouston, Guggenmos, Hoeft, Mccann, Ottman, Rodriguez-Williams, Wasserburger
Nays: Representative Yin
Excused: Representative Styvar
Ayes 7 Nays 1 Excused 1 Absent 0 Conflicts 0
2/21/2025 H Placed on General File
SF0103HS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 3 After \"agencies and\" insert \"public\".
Page 2-line 17 Delete \"in reference to\" and insert \"to promote differential treatment or special benefits based on\".
Page 2-line 23 Delete \"in reference to\" and insert \"to promote differential treatment or special benefits for persons based on\".
Page 3-after line 4 Insert and renumber as necessary:
\"(E) A program, policy or practice, regardless of its title, that seeks to advance the principles of prioritizing group identity over individual merit or that promotes outcomes based on race, sex, color, ethnicity or national origin unless explicitly required by federal law.\".
Page 3-line 21 Before \"entity\" insert \"governmental\".
Page 8-line 4 After \"\"Related content\"\" insert \"means instruction advocating the concepts prohibited by W.S. 9-2-1014.4(b) and\". Rodriguez-Williams, Chairman
SF0103HW001/ADOPTED (TO ENGROSSED COPY)
Page 3-line 6 After \"unit\" delete \",\".
Page 3-line 7 Delete \"special district, corporation, partnership or person\". Brown, L, Harshman
2/24/2025 H COW:Passed
SF0103H2001/ADOPTED (TO ENGROSSED COPY)
Page 3-line 6 Delete \"unit\" and insert \"entity\". Haroldson
SF0103H2002/FAILED (TO ENGROSSED COPY)
Page 7-lines 13 through 23 Delete entirely.
Pages 8 through 10 Delete entirely including the House standing committee amendment (SF0103HS001/AE) to these pages.
Page 11-lines 1 through 4 Delete entirely. Chestek
SF0103H2003/FAILED (TO ENGROSSED COPY)
Delete the first Chestek second reading amendment (SF0103H2002/AE) entirely and further amend as follows:
Page 7-line 16 After \"21-16-2001.\" delete balance of line.
Page 7-line 17 Delete entirely and insert \"Restrictions on required courses.\". Chestek
SF0103H2004/FAILED (TO ENGROSSED COPY)
Delete the first Chestek second reading amendment (SF0103H2002/AE) entirely and further amend as follows:
Page 10-line 14 Delete \"may be exempted\" and insert \"are exempt\".
Page 10-line 15 Delete \"in\" and insert \".\".
Page 10-lines 16 through 22 Delete entirely.
Page 11-lines 1 through 4 Delete entirely. Chestek
SF0103H2005/ADOPTED (TO ENGROSSED COPY)
Page 11-lines 16 through 19 Delete entirely and insert:
\"Section 3. This act is effective July 1, 2025.\". Clouston
SF0103H2006/ADOPTED (TO ENGROSSED COPY)
Delete the first Chestek second reading amendment (SF0103H2002/AE) entirely and further amend as follows:
Page 5-after line 19 Insert and renumber as necessary:
\"(iv) Prohibit a governmental entity, or an employee thereof, from submitting documentation or a statement for purposes of a grant.\".
Page 10-line 15 Delete \"(a) and (b)\" and insert \"(b) and (c)\".
Haroldson
2/25/2025 H 2nd Reading:Passed
2/26/2025 H 3rd Reading:Laid Back
SF0103H3001/ADOPTED (TO ENGROSSED COPY)
Page 7-line 16 After \"21-16-2001.\" delete balance of line.
Page 7-line 17 Delete entirely and insert \"Restrictions on required courses for diversity, equity and inclusion.\". Chestek
SF0103H3002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 5 After \"applicability;\" insert \"providing an appropriation;\".
Page 11-after line 4 Insert and renumber as necessary:
\"Section 2.
(a) There is appropriated five hundred fifty thousand dollars ($550,000.00) from the general fund to the University of Wyoming to provide medical education and training, and administrative costs thereof, for the first cohort of five (5) students under an agreement with the University of Utah school of medicine. Funds from this general fund appropriation shall be expended by the University of Wyoming provided that:
(i) The board of trustees of the University of Wyoming has entered into a contract with the University of Utah school of medicine under W.S. 21‑17‑109;
(ii) Students receiving medical education and training under this section shall comply with the state of Utah's diversity, equity and inclusion laws as they pertain to instruction and training provided at the University of Utah school of medicine;
(iii) The board of trustees of the University of Wyoming obtains an agreement with any student receiving medical education and training as specified in W.S. 21-17-109(d); and
(iv) All other provisions of W.S. 21-17-109 are satisfied.
(b) This appropriation shall not be transferred or expended for any other purpose. It is the intent of the legislature that this appropriation be doubled and funding for five (5) additional medical students each academic year be included in the University of Wyoming's standard budget for the immediately succeeding fiscal biennium.\".
Page 11-line 6 Delete \"Section 2.\" and insert \"Section 3.\".
Page 11-line 16 In the Clouston second reading amendment (SF0103H2005/AE) to this line, delete \"Section 3.\" and insert \"Section 4.\". Larsen, L
ROLL CALL
Ayes: Representative(s) Allemand, Angelos, Banks, Bratten, Campbell, K, Clouston, Connolly, Davis, Eklund, Erickson, Harshman, Heiner, Jarvis, Kelly, Larsen, Larson, Neiman, Nicholas, Ottman, Pendergraft, Posey, Riggins, Rodriguez-Williams, Schmid, Storer, Strock, Washut, Webb, Wharff, Williams, Wylie, Yin
Nays: Representative(s) Andrew, Bear, Brady, Brown, G, Brown, L, Byron, Chestek, Filer, Geringer, Guggenmos, Haroldson, Hoeft, Johnson, Knapp, Lawley, Lien, Locke, Lucas, Mccann, Provenza, Sherwood, Singh, Smith, Styvar, Tarver, Wasserburger, Webber
Excused: Representative(s) Campbell, E, Thayer, Winter
Ayes 32 Nays 27 Excused 3 Absent 0 Conflicts 0
SF0103H3003/FAILED (TO ENGROSSED COPY)
Page 3-line 22 After \"appropriated\" insert \"public\"; after \"funds or\" insert \"public\".
Page 4-line 2 After \"federal law\" insert \"or donor intent\". Sherwood
2/27/2025 H 3rd Reading:Passed 52-7-3-0-0
ROLL CALL
Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Brady, Bratten, Brown, G, Brown, L, Byron, Campbell, K, Clouston, Connolly, Davis, Eklund, Erickson, Filer, Geringer, Guggenmos, Haroldson, Harshman, Heiner, Hoeft, Johnson, Kelly, Knapp, Larsen, Larson, Lawley, Lien, Locke, Lucas, Mccann, Neiman, Nicholas, Ottman, Pendergraft, Riggins, Rodriguez-Williams, Schmid, Singh, Smith, Strock, Styvar, Tarver, Washut, Wasserburger, Webb, Webber, Wharff, Williams, Wylie
Nays: Representative(s) Chestek, Jarvis, Posey, Provenza, Sherwood, Storer, Yin
Excused: Representative(s) Campbell, E, Thayer, Winter
Ayes 52 Nays 7 Excused 3 Absent 0 Conflicts 0
2/27/2025 S Received for Concurrence
2/27/2025 S Concur:Failed 1-28-2-0-0
ROLL CALL
Ayes: Senator Gierau
Nays: Senator(s) Anderson, Biteman, Boner, Brennan, Case, Cooper, Crago, Crum, Driskill, French, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Rothfuss, Salazar, Schuler, Scott, Smith, Steinmetz
Excused: Senator(s) Barlow, Dockstader
Ayes 1 Nays 28 Excused 2 Absent 0 Conflicts 0
2/27/2025 S Appointed JCC01 Members
Senator(s) Steinmetz, Hicks, Hutchings
2/27/2025 H Appointed JCC01 Members
Representative(s) Haroldson, Jarvis, Lawley
2/28/2025 S Recede from Non-Concurrence : 27-4-0-0-0
ROLL CALL
Ayes: Senator(s) Barlow, Biteman, Boner, Brennan, Cooper, Crum, Dockstader, Driskill, French, Gierau, Hicks, Hutchings, Ide, Jones, Kolb, Landen, Laursen, Mckeown, Nethercott, Olsen, Pappas, Pearson, Salazar, Schuler, Scott, Smith, Steinmetz
Nays: Senator(s) Anderson, Case, Crago, Rothfuss
Ayes 27 Nays 4 Excused 0 Absent 0 Conflicts 0
2/28/2025 Assigned Number SEA No. 0061
2/28/2025 S President Signed SEA No. 0061
2/28/2025 H Speaker Signed SEA No. 0061
3/4/2025 Governor Vetoed SEA No. 0061