Amendments	Fiscal Memos
SA0579	Amendment 1-0 to SB2290
SA0651	Amendment 2-0 to SB2290

	Amendments	Fiscal Memos
HA0557	Amendment 1-1 to HB2670

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill establishes the following restrictions in regard to public institutions of higher education in this state:

(1) A student or employee of a public institution of higher education must not be penalized, discriminated against, or receive any adverse treatment due to the student's or employee's refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one or more divisive concepts;

(2) A student or employee of a public institution of higher education must not be required to endorse a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation, and institutions shall not ask the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure; and

(3) An individual who believes that a violation of these provisions has occurred, may pursue all equitable or legal remedies that may be available to the individual in a court of competent jurisdiction.

This bill defines "divisive concept" as a concept that:

(A) One race or sex is inherently superior or inferior to another race or sex;

(B) An individual, by virtue of the individual's race or sex, is inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

(C) An individual should be discriminated against or receive adverse treatment because of the individual's race or sex;

(D) An individual's moral character is determined by the individual's race or sex;

(E) An individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(F) An individual should feel discomfort, guilt, anguish, or another form of psychological distress solely because of the individual's race or sex;

(G) A meritocracy is inherently racist or sexist, or designed by a particular race or sex to oppress another race or sex;

(H) This state or the United States is fundamentally or irredeemably racist or sexist;

(I) Promotes or advocates the violent overthrow of the United States government;

(J) Promotes division between, or resentment of, a race, sex, religion, creed, nonviolent political affiliation, social class, or class of people;

(K) Ascribes character traits, values, moral or ethical codes, privileges, or beliefs to a race or sex, or to an individual because of the individual's race or sex;

(L) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups;

(M) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including, life, liberty, and the pursuit of happiness;

(N) Governments should deny to any person within the government's jurisdiction the equal protection of the law;

(O) Includes race or sex stereotyping; or

(P) Includes race or sex scapegoating;

This bill prohibits a public institution of higher education from:

(1) Conducting any mandatory training of students or employees if the training includes one or more divisive concepts;

(2) Using training programs or training materials for students or employees if the program or material includes one or more divisive concepts; or

(3) Using state-appropriated funds to incentivize, beyond payment of regular salary or other regular compensation, a faculty member to incorporate one or more divisive concepts into academic curricula.

Under this bill, if a public institution of higher education employs employees whose primary duties include diversity, then the duties of such employees must include efforts to strengthen and increase intellectual diversity among the students and faculty of the public institution of higher education at which they are employed.

This bill requires each public institution of higher education to conduct a biennial survey of the institution's students and employees to assess the campus climate with regard to diversity of thought and the respondents' comfort level in speaking freely on campus, regardless of political affiliation or ideology. The institution must publish the results of the biennial survey on the institution's website. This reporting requirement will be repealed on July 1, 2028.

This bill states that it must not be interpreted to:

(1) Prohibit public institutions of higher education from training students or employees on the non-discrimination requirements of federal or state law;

(2) Infringe on the rights of freedom of speech protected by the First Amendment to the United States Constitution;

(3) Infringe on the rights of academic freedom of faculty in public institutions of higher education;

(4) Require an employee of a public institution of higher education to violate any federal or state law, rule, or regulation; or fail to comply with any applicable academic accreditation requirement;

(5) Prohibit an individual who provides training from responding to questions regarding one or more divisive concepts, so long as the response does not endorse or advocate for divisive concepts; or

(6) Prohibit public institutions of higher education from promoting diversity, equity, and inclusion; provided, that such efforts are consistent with the provisions of this bill.

ON MARCH 7, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2670, AS AMENDED.

AMENDMENT #1 adds a requirement that a public institution of higher education investigate a student's or an employee's complaint that a violation of this bill's prohibitions against penalizing persons for not subscribing to a divisive concept, ideology, or political viewpoint has occurred. If the institution finds that a violation, this bill authorizes the institution to reprimand the violator for a first violation or terminate the violator's employment for a second or subsequent violation. This amendment requires institutions to annually report the aggregate number of complaints, the investigative findings, and the actions taken for violations for the previous calendar year to the education committee of the senate and the education administration and education instruction committees of the house of representatives.

Instead of prohibiting public institutions of higher education from using training programs or training materials for students or employees if the program or material includes one or more divisive concepts, this amendment prohibits such institution from mandating the use of such programs or materials.

This amendment clarifies that this bill does not require public institutions of higher education, as well as their employees, to violate laws, rules, or regulations, or fail to comply with applicable academic accreditation requirements.

ON MARCH 21, 2022, THE SENATE SUBSTITUTED HOUSE BILL 2670 FOR SENATE BILL 2290, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2670, AS AMENDED.

AMENDMENT #2 removes the changes made by House Amendment #1 and adds a requirement that each public institution of higher education present the results of each biennial survey conducted pursuant to this bill to:

(1) The education committee of the senate when the institution's budget is presented to the committee during the next regular session of the general assembly following the institution's completion of the survey;

(2) The finance, ways and means committee of the house of representatives when the institution's budget is presented to the committee during the next regular session of the general assembly following the institution's completion of the survey; and

(3) The education administration committee and education instruction committee of the house of representatives during the next regular session of the general assembly following the institution's completion of the survey.