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House committee of the whole recommends passage of bill restricting public‑sector diversity, equity and inclusion programs; debate centers on definitions and on
Summary
Senate File 103, which would prohibit the use of public funds for certain diversity, equity and inclusion programs and restrict related academic requirements at public higher‑education institutions, passed the committee of the whole after a contentious floor debate over definitions, First Amendment issues and private donations.
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Senate File 103 — titled in debate as terminating and defunding certain diversity, equity and inclusion (DEI) activities in public entities — was debated extensively on the House floor and recommended for passage by the committee of the whole on Feb. 24 following a standing committee amendment.
The standing committee amendment narrowed the bill’s focus to "public entities" and made a number of drafting changes to definitions and enumerated activities the bill would prohibit or restrict. Sponsor testimony and floor discussion described two statutory additions: one creating a definition and restrictions on DEI offices/programs (creating a new Wyoming statute labeled in debate as 9‑2‑1014.4) and a second section limiting public expenditures for programs the bill characterizes (in its terms) as promoting preferential outcomes by group identity or requiring instruction aligned with those concepts. The bill text as debated addresses the use of public funds, private donations earmarked for public institutions, and what instructional or curricular requirements public institutions may impose for degree programs.
Opponents — including Representative Ian and others — argued the language remains vague and could chill academic inquiry, restrict private donations earmarked for lawful purposes, and raise First Amendment and administrative law issues. Representative Ian said earlier draft language would have chilled private institutions' speech and objected to the remaining restrictions on public institutions receiving private funds. Supporters argued the measure clarifies that public entities will not implement programs that prioritize group identity or impose curricular requirements tied to the concepts identified in the statute; sponsors said the intent is to prevent compelled speech and the use of public funds for such programs.
A Committee of the Whole Amendment was adopted to remove references to corporations/individuals in the definition of "entity" and to focus application on governmental entities receiving public funds. After extended debate and additional friendly edits on the floor, the committee of the whole recommended the bill do pass. Members said they would continue to work on the text to address questions about grant requirements, accreditation and the treatment of federally recognized tribes.

