Text of WY SF 103 (2025)

2025 STATE OF WYOMING 25LSO-0501 1 SF0103 SENATE FILE NO. 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 A BILL for 1 AN ACT relating to the administration of the government; 2 generally prohibiting diversity, equity and inclusion 3 efforts and mandates by state agencies and educational 4 institutions; conditioning the expenditure of appropriated 5 funds as specified; specifying applicability; and providing 6 for an effective date. 7 8 Be It Enacted by the Legislature of the State of Wyoming: 9 10 Section 1. W.S. 9-2-1014.4 and 21-16-2001 are created 11 to read: 12 13 9-2-1014.4. Funds and expenditures for diversity, 14 equity and inclusion efforts prohibited. 15 2025 STATE OF WYOMING 25LSO-0501 2 SF0103 1 (a) As used in this section: 2 3 (i) "Diversity, equity and inclusion" includes 4 any of the following: 5 6 (A) Influencing hiring or employment 7 practices with respect to race, sex, color or ethnicity, 8 other than through the use of race and gender neutral 9 practices in accordance with any applicable state and 10 federal law; 11 12 (B) Promoting differential treatment of or 13 providing special benefits to persons on the basis of race, 14 color or ethnicity; 15 16 (C) Promoting policies or procedures 17 designed or implemented in reference to race, color or 18 ethnicity, except for policies or procedures necessary to 19 comply with any state law, federal law or applicable court 20 order; 21 22 (D) Conducting trainings, programs or 23 activities designed or implemented in reference to race, 2025 STATE OF WYOMING 25LSO-0501 3 SF0103 1 color, ethnicity or gender dysphonia, except for trainings, 2 programs or activities that are for the sole purpose of 3 ensuring compliance with state law, federal law or any 4 applicable court order. 5 6 (ii) "Entity" means any governmental unit, 7 special district, corporation, partnership or person that 8 will receive a legislative appropriation, directly or 9 indirectly, including agencies of the executive branch, the 10 offices of the five (5) statewide elected officials, the 11 legislature, the judiciary, community colleges, the 12 University of Wyoming, the Wyoming department of 13 transportation, the game and fish department, counties, 14 municipalities and school districts. 15 16 (b) As a condition of receiving or expending any 17 monies or funds appropriated, each entity shall not expend 18 any appropriated funds or funds received from bequests, 19 charges, deposits, donations, endowments, fees, grants, 20 gifts, tuition and any other source for programs or 21 activities that, unless federal law otherwise requires: 22 2025 STATE OF WYOMING 25LSO-0501 4 SF0103 1 (i) Establish or maintain a diversity, equity 2 and inclusion office or program; 3 4 (ii) Hire or assign an employee or a contracted 5 person to perform the duties associated with a diversity, 6 equity and inclusion office or program; 7 8 (iii) Compel, require, induce or solicit any 9 person to provide or abide by a diversity, equity and 10 inclusion statement or give preferential treatment to any 11 person based on a diversity, equity or inclusion statement; 12 13 (iv) Give preference on the basis of race, sex, 14 color, ethnicity or national origin to an applicant for 15 employment, an employee or a participant in any function of 16 the entity; 17 18 (v) Require, as a condition of employment, 19 enrollment, a contract or the receipt of funds, the 20 participation in diversity, equity and inclusion training. 21 22 (c) Nothing in this section shall be construed to: 23 2025 STATE OF WYOMING 25LSO-0501 5 SF0103 1 (i) Prohibit the use or consideration of bona 2 fide qualifications based on sex that are reasonably 3 necessary to the normal operation of public higher 4 education; 5 6 (ii) Prohibit the University of Wyoming or 7 Wyoming community colleges, or an employee thereof, from 8 submitting documentation or a statement for purposes of a 9 grant or to comply with accreditation requirements that: 10 11 (A) Highlights the university's or 12 college's work in supporting first-generation college 13 students, low-income students or underserved students; 14 15 (B) Certifies compliance with state and 16 federal antidiscrimination laws. 17 18 (d) For purposes of this section, "diversity, equity 19 and inclusion office or program" shall not include: 20 21 (i) Academic course instruction; 22 2025 STATE OF WYOMING 25LSO-0501 6 SF0103 1 (ii) The completion or dissemination of 2 scholarly research or creative works by students, faculty 3 and other research personnel of the University of Wyoming 4 or Wyoming community colleges; 5 6 (iii) An activity of a student organization 7 registered with or recognized by the University of Wyoming 8 or a Wyoming community college; 9 10 (iv) Guest speakers or performers at the 11 University of Wyoming or a Wyoming community college on a 12 short-term engagement; 13 14 (v) Data collection. 15 16 ARTICLE 20 17 DIVERSITY RELATED INITIATIVES AND FUNDING 18 19 21-16-2001. Prohibition on expenditure of funds for 20 diversity, equity and inclusion and critical race theory. 21 22 (a) As used in this section: 23 2025 STATE OF WYOMING 25LSO-0501 7 SF0103 1 (i) "Constrain" means failure during any 2 semester or academic unit to provide sufficient open seats 3 in alternative courses for a student to complete or 4 progress toward completion of degree or program 5 requirements; 6 7 (ii) "Related content": 8 9 (A) Means content that does one (1) or more 10 of the following: 11 12 (I) Relates critical theory, 13 whiteness, systemic racism, institutional racism, 14 anti-racism, microaggressions, systemic bias, implicit 15 bias, unconscious bias, intersectionality, gender 16 dysphonia, social justice, cultural competence, allyship, 17 race-based reparations, race-based privilege, race-based 18 diversity, gender-based diversity, race-based equity, 19 gender-based equity, race-based inclusion or gender-based 20 inclusion to contemporary American society; 21 22 (II) Promotes the idea that racially 23 neutral or colorblind laws, policies or institutions 2025 STATE OF WYOMING 25LSO-0501 8 SF0103 1 perpetuate oppression, injustice, race-based privilege, 2 including white supremacy or white privilege, or inequity 3 by failing to actively differentiate on the basis of race, 4 sex or gender; 5 6 (III) Promotes the differential 7 treatment of any person or groups based on race or 8 ethnicity in contemporary American society; 9 10 (IV) Promotes the idea that a student 11 is biased on account of the student's race or sex. 12 13 (B) Does not include identifying and 14 discussing historical movements, ideologies or instances of 15 racial hatred or discrimination, including but not limited 16 to slavery, Indian removal, the Holocaust or 17 Japanese-American internment. 18 19 (iii) "Related course" means any course whose 20 course description, course overview, course objectives, 21 proposed student learning outcomes, written examinations or 22 written or oral assignments for which the student will 2025 STATE OF WYOMING 25LSO-0501 9 SF0103 1 receive a grade includes content on diversity, equity and 2 inclusion or critical race theory; 3 4 (iv) "Related practice": 5 6 (A) Includes any requirement or guidance 7 that a course instructor include or curate materials on the 8 basis of race, sex or gender dysphonia; 9 10 (B) Includes participating in any workshop, 11 training, seminar or professional development on any 12 related content; 13 14 (C) Does not include any programming 15 explicitly required by, and limited to, the institutional 16 obligations to comply with state or federal law or an 17 applicable court order. 18 19 (b) In prescribing the studies to be pursued at the 20 University of Wyoming or a Wyoming community college, the 21 board of trustees of the University of Wyoming and the 22 district boards of each community college shall establish 23 curricula and designate courses in a manner that does not 2025 STATE OF WYOMING 25LSO-0501 10 SF0103 1 require or constrain students to expend tuition or other 2 funds on, or enroll in, a related course in order to 3 satisfy the requirements of any academic degree program, 4 including general education, major, minor or certificate 5 requirements, subject to subsection (d) of this section. 6 7 (c) The board of trustees of the University of 8 Wyoming and the district boards of each community college, 9 or any employee or professional thereof, shall not require, 10 solicit or incentivize faculty or students to apply or 11 participate in related practices, or include related 12 content in any course, as a condition of approval, 13 designation or listing as part of any academic degree 14 program, including general education, major, minor or 15 certificate requirements or as a condition of consideration 16 in any faculty member's performance assessment, tenure, 17 salary adjustment or any other incentive, subject to 18 subsection (d) of this section. 19 20 (d) Academic degree program requirements of any 21 major, minor, certificate or department whose title clearly 22 establishes its course of study as primarily focused on 23 racial, ethnic or gender studies may be exempted from the 2025 STATE OF WYOMING 25LSO-0501 11 SF0103 1 requirements of subsections (a) and (b) of this section in 2 writing by the board of trustees or the district board, as 3 applicable, subject to the following: 4 5 (i) No student shall be required or constrained 6 to enroll in any exempted program, department or course to 7 satisfy the requirements of any other academic degree 8 program, including general education requirements or any 9 other major, minor or certificate requirements; 10 11 (ii) Courses offered or listed by or under 12 exempted programs shall satisfy the academic degree program 13 requirements of the exempted departments, majors, minors or 14 certificates only and shall not be used to satisfy degree 15 requirements for general education or other major, minor or 16 certificate requirements beyond satisfying credit-hour 17 graduation requirements; 18 19 (iii) The title of any currently established 20 department, major, minor or certificate program shall not 21 be altered or replaced to establish an emphasis on racial, 22 ethnic or gender studies. 23 2025 STATE OF WYOMING 25LSO-0501 12 SF0103 1 Section 2. 2 3 (a) This act shall apply to all funds that are 4 appropriated or received on and after the effective date of 5 this act. 6 7 (b) Nothing in this act shall be construed to alter, 8 amend or impair any contract or other agreement entered 9 into before the effective date of this act. 10 11 Section 3. This act is effective immediately upon 12 completion of all acts necessary for a bill to become law 13 as provided by Article 4, Section 8 of the Wyoming 14 Constitution. 15 16 (END)