SB 129 — Diversity, equity, and inclusion; certain public entities prohibited from maintaining office that promotes diversity, equity, and inclusion programs; certain programs related to divisive concepts or diversity, equity, and inclusion, prohibited; promotion and endorsement of certain divisive concepts in certain public settings prohibited; exceptions provided; public institution of higher education, required to designate multioccupancy restrooms based on biological sex

SB129 ENGROSSEDENROLLED SB129 BXGNQJQ-248A1R3R-2 By Senators Barfoot, Roberts, Elliott, Waggoner, Gudger, Shelnutt, Williams, Price, Chesteen, Orr, Jones, Butler, Allen, Givhan, Weaver, Livingston, Melson, Sessions, Albritton, Bell, Kelley, Carnley, Chambliss, Kitchens, Stutts RFD:

20-Feb-24 Page 0 SB129 EngrossedEnrolled 2Enrolled, 4An 6Act, A3 BILL5 TO BE ENTITLED AN ACT Relating to diversity, equity, and inclusion;

Any individual or entity that hasprovides enteredservices intoto a publicstate contractagency, pursuantpublic toinstitution Titleof 39higher education, or Titlelocal 41,board Code of Alabamaeducation. 1975.

This term does not include an individual or entity that provides construction services.

That any race, color, religion, sex, ethnicity, or Page 1 SB129 Engrossed national origin is inherently superior or inferior.

Page 2 SB129 Enrolled c.

Any program, class, training, seminar, or other event where Page 2 SB129 Engrossed attendance is based on an individual's race, sex, gender identity, ethnicity, national origin, or sexual orientation, or that otherwise violates this act.

This term does not include programs, classes, trainings, seminars, or other Page 3 SB129 Enrolled events that are necessary to comply with applicable state law, federal law, or court order.

(1) Sponsor any diversity, equity, and inclusion program or maintain any office, physical location, or department that promotes diversity, equity, and inclusion programs.programs, as defined in subdivision (3) of Section 1.

Page 3 SB129 Engrossed (5) Require its students, employees, or contractors to participate, as part of any required curriculum or mandatory professional training, in an activity that involves lobbying at the state or local level for legislation related to a Page 4 SB129 Enrolled divisive concept.

(7) Condition enrollment or attendance in a class, 95 training, or orientation solely on the basis of race or color.

(8) Authorize or expend funding, or apply for or accept a grant, federal funding, or private funding, for the purpose of compelling assent to any divisive concept or any other 95 purpose prohibited in this act, provided that such funding may be provided to student, faculty, or staff organizations or associations.

(2) Termination of an employee or contractor of a local board of education remains subject to the appeal of the Page 4 SB129 Engrossed termination to the local board of education or State Board of Education if applicable, or, if applicable, the Teacher Accountability Act, Chapter 24B of Title 16, Code of Alabama 1975, and the Students First Act, Chapter 24C of Title 16, Page 5 SB129 Enrolled Code of Alabama 1975.

(3) No state agency or political subdivision may terminate a contract or contractor under this section unless a contractor in this state knowingly violated this act in the course of his or her contractual obligation.

Prohibits a public institution of higher education from authorizing the teaching or discussion of any divisive concept in an objective manner and without endorsement as part Page 56 SB129 EngrossedEnrolled of a larger course of academic instruction, provided the institution and its employees do not compel assent to any divisive concept and otherwise comply with the provisions of this act.

(5) Prohibits an institution of higher education from performing research, collecting data, engaging in recruiting and outreach programs, offering academic support services, engaging in clinical trials, or providing medicalmedical, mental, or mentalany health care or clinical services targeted to support individuals of any specific demographic.

Each public institution of higher education shall ensure that every multiple occupancy restroom be designated for use by individuals based on their biological sex, as defined by Page 67 SB129 EngrossedEnrolled Section 16-1-54, Code of Alabama 1975.

(9) May be construed to inhibit or violate the First Amendment rights of any student or employee, or to undermine the duty of a public institution of higher education to protect, to the greatest degree, academic freedom, intellectual diversity, and free expression,expression. provided that none of these protected tenets conflict with this act.

Page 78 SB129 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................20-Feb-24________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives CountySB129 andSenate Municipal22-Feb-24 GovernmentI Readhereby forcertify that the secondwithin timeAct andoriginated placedin ................21-Feb-24and onpassed the calendar:Senate, as amended.

1 amendment Read for the third time and passed ................22-Feb-24 as amended Yeas 26 Nays 7 Abstains 0 Patrick Harris, Secretary.

PageHouse 8of Representatives Amended and passed:

07-Mar-24 Senate concurred in House amendment 19-Mar-24 By:

Senator Barfoot Page 9