SB 398 Tennessee Senate · 114th Regular Session (2025-2026)

Boards and Commissions - As introduced, prohibits the exclusion of persons from membership on state regulatory and health related boards on the basis of race, color, ethnicity, and national origin; prohibits such boards from establishing or operating under race-based policies pertaining to their composition; creates a private cause of action against a board and its officers, employees, and agents for such practices. - Amends TCA Title 4, Chapter 21; Title 9; Title 62 and Title 63.

SB 398 prohibits state regulatory and health-related boards from excluding individuals or discriminating based on race, color, ethnicity, or national origin. It bans boards from using race-based policies like affirmative action, racial preferences, or quotas in membership decisions and forbids using aggregated racial data for such purposes. The bill creates a private legal remedy allowing individuals to sue boards or their staff for violations, with a minimum $4,000 statutory damages award plus potential compensatory and punitive damages. This applies to all state boards covered under Titles 62 and 63 of Tennessee Code.
Bill status died 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2025 Last action Feb 13, 2025