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Committee hears concerns about DEI ban in state-contracted workplaces; members seek clarity on contractors

2864622 · April 2, 2025
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Summary

Senate Bill 12-56 would prohibit state agencies from requiring employees to participate in diversity, equity and inclusion programs and from conditioning contracts on such programs; members questioned whether state contractors would be affected and discussed possible opt-in language or clarifying amendments.

Legislators debated a bill that would prohibit state agencies and entities from mandating diversity, equity and inclusion (DEI) programs.

Senate Bill 12-56, as summarized by staff, "prohibits state agencies, boards, commissions, and departments from mandating employees to engage in diversity, equity, and inclusion programs and using these programs as a condition of a contract or for hiring and promotion." Staff said the bill applies only to state agencies, boards, commissions and departments.

Why it matters: Several members raised concerns about the law's reach to private contractors who do business with the state. Representative Blackman, identifying as a business owner who contracts with the state, asked whether private entities with state contracts would be required to stop DEI practices. Staff said the bill "only applies to state agencies, boards, commissions, and departments," and a different bill version had explicitly mentioned contractors. Members debated amendments to allow contractors to opt in or out; one member suggested offering an opt-in provision tied to contract terms.

Discussion and next steps: Members asked staff to confirm whether existing contracting language would require private vendors to follow the prohibition and suggested working with the sponsor to draft clarifying amendments before the bill moves forward. No committee vote was recorded during this session.

Ending: Staff advised members to consult the sponsor and consider amendments; members urged care to avoid unintended impacts on private businesses that contract with the state.