Amends TCA Title 4; Section 8-50-103 and Section 68-1-113.

HUMAN RIGHTS DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL Under present law, the Tennessee human rights commission ("commission") consists of nine members to be appointed as follows: (i) the speaker of the senate must appoint three members; (ii) the speaker of the house must appoint three members; and the governor must appoint three members. The appointing authorities must appoint one member from each grand division of the state. Members must be appointed on a nonpartisan basis and must be broadly representative of employees, proprietors, trade unions, religious groups, human rights groups, and the general public. Present law requires the commission to provide a detailed accounting of its finances and a comprehensive analysis of how the commission is adhering to the requirements of state law to the division of audit within the office of the comptroller of the treasury, the chair of the government operations committee of the house of representatives, and the chair of the government operations committee of the senate no later than January 15 of each year for review. This bill removes the above provisions and replaces them with the following: This bill creates a human rights division ("division") in the office of the attorney general, to consist of an executive director, attorneys, support personnel, and other personnel as determined by the attorney general to be appropriate and necessary to accomplish the purposes of state law relative to the human rights commission. This bill authorizes the attorney general to request the general assembly to increase or eliminate positions within the division, as part of the annual appropriations process. The attorney general has discretion to determine where the division's offices are located. This bill requires that all human rights commission procedures, reports, functions, duties, and records, including all of the commission's case files, be transferred to the human rights division in the office of the attorney general. This bill requires the division to send written notice to all persons who have filed a complaint with the commission that is or may be subject to further action. The notice must acknowledge that (i) the commission ceases to exist and all its duties are transferred to the human rights division; and (ii) the division now manages the person's case. This bill requires the notice to provide the division's contact information. POWERS AND DUTIES OF THE DIVISION Present law describes the following powers and duties of the commission: (1) Maintain offices in Shelby County, Davidson County, Knox County and Hamilton County and such other offices within the state as may be deemed necessary; (2) Meet and exercise its powers within the state; (3) Annually appoint an executive director, fix the director's compensation with the approval of the governor, and delegate any of the commission's functions and duties to the director in the interest of efficient management of the appropriations and resources of the agency. Prior to the reappointment of an executive director, the commission must conduct a comprehensive review of the executive director's performance for the preceding 12 months. The commission must develop measurable goals or benchmarks, or both, in determining whether to reappoint an executive director pursuant to the comprehensive review; (4) Promote the creation of local commissions on human rights, to cooperate with state, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) Enter into cooperative working agreements with local commissions that have enforceable ordinances, orders, or resolutions and professional staff; (6) Cooperate with the federal EEOC and with the department of housing and urban development in enforcing the Fair Housing Act of 1968, in order to achieve the purposes of those acts, and with other federal and local agencies in order to achieve the purposes of this state human rights law; (7) Accept and disburse gifts and bequests, grants or other payments, public or private, to help finance its activities; (8) Accept reimbursement pursuant to the Civil Rights Act of 1964 and pursuant to the Fair Housing Act of 1968, for services rendered to assist the federal EEOC and the department of housing and urban development; (9) Receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints alleging violations of this state human rights law; (10) Require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation in person by deposition, and require the production of documents relevant to the complaint. The commission may make rules authorizing or designating any member or individual to exercise these powers in the performance of official duties; (11) Furnish technical assistance requested by persons subject to state human rights law to further their compliance with this state law or an order issued thereunder; (12) Make studies appropriate to effectuate the purposes and policies of state human rights law and make the results thereof available to the public; (13) Render, in accordance with the rules, regulations, policies and procedures of the state publications committee, a written report. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of state human rights law; (14) Adopt, promulgate, amend and rescind rules and regulations to effectuate the purposes and provisions of state human rights law, including regulations requiring the posting of notices prepared or approved by the commission; (15) Cooperate with community, professional, civic and religious organizations, federal agencies and agencies from other states in the development of public information programs, leadership and activities in the interest of equal opportunity and treatment of all individuals; (16) Create local or statewide advisory agencies that in its judgment will aid in effectuating the purposes of state human rights law. The commission may empower these agencies to (i) study and report on problems of discrimination because of race, creed, color, religion, sex, age or national origin; (ii) foster through community effort or otherwise, goodwill among the groups and elements of the population of the state; and (iii) make recommendations to the commission for the development of policies and practices that will aid in carrying out the purposes of state human rights law; and (17) Conduct tests of housing accommodations and availability through the use of staff, both full time and part time, and of volunteers to ascertain the availability of housing, both in sales and also in rentals of real property. This bill transfers most of these duties from the commission to the division, with some exceptions, and adds one, as follows: (1) This bill removes the duty to maintain offices in Shelby, Davidson, Knox, and Hamilton counties, and such other offices within the state deemed necessary; (2) This bill adds the duty to assist, as necessary, state; local; and other entities, both public and private; and individuals, and to obtain upon request and utilize the services of all governmental entities; (3) This bill removes the duty to annually appoint an executive director, fix the director's compensation with the approval of the governor, delegate any of the commission's functions and duties to the director in the interest of efficient management of the appropriations and resources of the agency, conduct a comprehensive review of the executive director's performance for the preceding 12 months prior to appointing a new executive director, and develop measurable goals or benchmarks, or both, in determining whether to reappoint an executive director pursuant to the comprehensive review; (4) This bill removes the duty to promote the creation of local commissions on human rights, to cooperate with state, local and other agencies, both public and private, and individuals, and to obtain upon request and utilize the services of all governmental departments and agencies; (5) This bill removes the duty to enter into cooperative working agreements with local commissions that have enforceable ordinances, orders, or resolutions and professional staff; and (6) This bill removes the duty to accept and disburse gifts and bequests, grants or other payments, public or private, to help finance its activities. DUTY TO COMPLY WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Present law requires the commission to be responsible for the development of a Title VI implementation plan with participation by protected beneficiaries as may be required by that law or regulations for state governmental entities subject to the requirements of Title VI. To the extent applicable, the plan must include Title VI implementation plans of any subrecipient of federal funds through a state entity. Each state governmental entity must submit annual Title VI compliance reports and implementation plan updates to the human rights commission by October 1, 2010, and each October 1 thereafter. The reporting period must cover the most recent full fiscal year. This bill, instead, requires that each state governmental entity submit an annual Title VI compliance report and any implementation plan updates to the division by October 1, 2024, and each October 1 thereafter. Under present law, it is the duty of the commission to do the following to maintain compliance with Title VI of the Civil Rights Act of 1964: (1) Review current Title VI monitoring and enforcement procedures in federal and state statutes, rules, regulations, programs, services and budgetary priorities; (2) Define and establish the components, guidelines and objectives of a comprehensive state policy to ensure and to promote present and future compliance with Title VI requirements; (3) Identify any Tennessee laws, rules, programs, services and budgetary priorities that conflict with the components, guidelines and objectives of the comprehensive state policy; (4) Search for any interdepartmental gaps, inconsistencies and inefficiencies in the implementation of the comprehensive state policy; (5) Identify any new laws, rules, programs, services and budgetary priorities that are needed to ensure and promote present and future compliance with and enforcement of Title VI; (6) Serve as the central coordinating agency for executive branch departments and agencies for technical assistance, consultation and resources to encourage and assist compliance with the requirements of Title VI; (7) Periodically and systematically audit, review, evaluate and report on Title VI compliance efforts and outcomes for each executive branch department and agency; (8) Conduct research, hold public hearings, publish reports and engage in other activities to inform Tennesseans of the provisions and requirements of Title Vl; (9) Investigate allegations of noncompliance with Title VI; (10) Report annually to the governor and the general assembly concerning the commission's activities, findings and recommendations; and (11) Engage in other activities to encourage, promote and assist compliance with the requirements of Title VI. This bill transfers these duties to the division. DISTRIBUTION OF SEXUAL HARASSMENT RULES In consultation with the human rights commission, present law requires the department of labor and workforce development to promulgate rules that provide for the distribution, in one of the department's regular mailings to the employers, of the state materials explaining the sexual harassment rules of the commission. These materials, which the employer must make available to its employees, may be in the form of a poster, brochure, or pamphlet. This bill transfers the requirement to work in consultation with the department of labor and workforce development to create materials explaining sexual harassment rules to the division. DISCRIMINATORY PRACTICES Present law establishes that it is a discriminatory practice to willfully interfere with the performance of a duty or the exercise of a power by the commission or one of its members or representatives. This bill replaces "commission" with "division" in this provision. COMPLAINTS Present law authorizes a person claiming to be aggrieved by a discriminatory practice or a member of the commission to file with the commission a written sworn complaint stating that a discriminatory practice has been committed. Present law further describes the statutory process for the filing of such a complaint. This bill replaces "commission" with "division" in these provisions. CONCILIATION AGREEMENTS If the commission staff determines after an investigation, or the commission or its delegate determines after review of a complaint, that there is reasonable cause to believe that the respondent has engaged in a discriminatory practice, then present law requires the commission staff to endeavor to eliminate the alleged discriminatory practices by conference, conciliation, and persuasion. Present law further describes the process for creating such a conciliation agreement. This bill replaces "commission" to "division" and removes "or its delegate" in these provisions. HEARINGS In response to a complaint involving discrimination in employment and public accommodations, present law provides for the commission to hold a hearing and further describes the process for holding such a hearing. This bill replaces "commission" with "division" in these provisions. Present law prohibits a member of the commission who filed the complaint or endeavored to eliminate the alleged discriminatory practice by conference, conciliation or persuasion from participating in the hearing or in the subsequent deliberation of the commission. This bill replaces "member of the commission" with "employee of the division" in this provision. FINDINGS AND ORDERS Present law requires the commission to state its findings of fact and conclusions of law and issue and order based on their findings. This bill replaces "commission" with "division" in these provisions. REMEDIES Present law provides affirmative action remedies upon a finding of discrimination, and authorizes the commission to publish the names of persons who have been determined to have engaged in a discriminatory practice. This bill replaces mentions of "commission" in these provisions with "division." JUDICIAL REVIEW Present law authorizes a complaint, respondent, or intervenor aggrieved by an order of the commission to obtain judicial review, and further describes the process for judicial review. This bill replaces "commission" with "division" in these provisions. ACCESS TO RECORDS In connection with an investigation of a complaint filed under state human rights law, present law authorizes the commission or its designated representative at any reasonable time to request access to premises, records and documents relevant to the complaint and the right to examine a photograph and copy evidence. Present law further provides provisions related to access of such records. This bill replaces "commission" with "division" in these provisions. SUBPOENAS Under present law, upon written application to the commission, a party to a proceeding is entitled as of right to the issuance of subpoenas for deposition or hearing in the name of the commission by an individual designated pursuant to its rules requiring attendance and the giving of testimony by witnesses and the production of documents. Present law further describes the subpoena process. This bill replaces "commission" with "division" in these provisions. OBSTRUCTION OF COMMISSION Present law establishes that any person who willfully resists, prevents, impedes or interferes with the performance of a duty or the exercise of a power by the commission or one of its members or representatives commits a Class C misdemeanor. This bill changes "commission" to "division" in this provision. ADDITIONAL REMEDIES PRESERVED Present law requires that any person injured by any act in violation of human rights law has a civil cause of action in chancery or circuit court, and also requires that any civil cause of action supersede any complaint or hearing before the commission. This bill replaces "commission" with "division" in these provisions. ELECTION OF CIVIL ACTION IN HOUSING DISCRIMINATION CASE Present law requires that if the commission determines that there is reasonable cause to believe that a respondent has engaged in a discriminatory housing practice and if the complaint has not been resolved through a conciliation agreement, the commission must notify the complainant and respondent in writing that they may elect to have the claims and issues of the complaint decided in a civil action commenced and maintained by the commission, and further describes the process of such a civil action. This bill replaces "commission" with "division" in these provisions. RELIGION OR SEX AS BONA FIDE OCCUPATIONAL QUALIFICATIONS Under present law, it is not a discriminatory practice for a person subject to state human rights law to adopt and carry out a plan to fill vacancies or hire new employees so as to eliminate or reduce imbalance with respect to race, creed, color, religion, sex, age or national origin, if the plan has been filed with the commission and the commission has not disapproved the plan. This bill replaces "commission" with "division" in this provision. SEGREGATION ON BASIS OF SEX Under present law, state law relative to discrimination in public accommodations does not prohibit segregation on the basis of sex of bathrooms, health clubs, rooms for sleeping or changing clothes, or other places of public accommodation that the commission specifically exempts on the basis of bona fide considerations of public policy. This bill replaces "commission" with "division" in this provision. VIOLATIONS BY REAL ESTATE BROKERS OR SALESPERSONS If a real estate broker or a real estate salesperson has failed to comply with any order issued by the commission or has been found to have committed a discriminatory housing practice, then present law requires the commission to notify in writing the real estate commission of the failure to comply or the violation. This bill replaces "commission" with "division" in this provision. DEVELOPMENT OF IMPLEMENTATION PLAN Present law requires each state governmental entity subject to Title VI of the Civil Rights Act of 1964 to develop a Title VI implementation plan with participation by protected beneficiaries as may be required by such law or its regulations and to submit annual Title VI compliance reports and implementation plan updates to the commission. This bill replaces "commission" with "division" in this provision. FILING A COMPLAINT This bill authorizes a person claiming to be aggrieved by a discriminatory practice under state law relative to Title VI implementation plans to file a complaint with the state department, agency, or entity receiving the funds within 180 days of the occurrence of the alleged discriminatory act. Such complaint filed with a state department, agency, or entity is subject to review by the division for applicability under Title VI of the Civil Rights Act of 1964. This bill also authorizes a person claiming to be aggrieved by a discriminatory practice under state law relative to Title VI implementation plans to file a complaint with the division, in the same manner established in state law relative to violations of human rights law, for other discriminatory practices. If a complaint is filed with the division, then the division must exercise the same powers and must observe the same procedures as provided in state law relative to violations of human rights law. EMPLOYMENT OF THE DISABLED - DISCRIMINATION - COMPLAINT This bill authorizes a person claiming to be aggrieved by a discriminatory practice to file with the division a written sworn complaint stating that a discriminatory practice has been committed, setting forth the facts sufficient to enable the division to identify the persons charged. If a complaint is filed with the division, then this bill requires the division to follow the same procedure and exercise the powers and duties as provided in state law relative to violations of human rights law. A person who files a complaint with the division has the same rights as provided in state law relative to violations of human rights law. OFFICE ON CIVIL RIGHTS COMPLIANCE Present law requires the office on civil rights compliance to report and document a complaint of a discriminatory practice to the commissioner of health, the commission, and the board for licensing health care facilities. This bill replaces " commission" with " division" in this provision. GOVERNMENTAL ENTITY REVIEW This bill adds the division to the list of governmental entities to be terminated on June 30, 2026, for purposes of law relative to governmental entity review. ON MARCH 18, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2503, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, do the following