S 0235 General Bill, By Fair, Thomas and Wilson
 A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING ARTICLE 21 ENACTING
 THE SOUTH CAROLINA CIVIL RIGHTS ACT, SO AS TO PROHIBIT THE STATE OF SOUTH
 CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR,
 ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST
 OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN PUBLIC
 EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

   01/22/97  Senate Introduced and read first time SJ-9
   01/22/97  Senate Referred to Committee on Judiciary SJ-9

A BILL

TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ADDING ARTICLE 21 ENACTING THE SOUTH CAROLINA CIVIL RIGHTS ACT, SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 1 of the 1976 Code is amended by adding:

"Article 21

Section 1-1-1510. This article may be cited as the South Carolina Civil Rights Act.

Section 1-1-1520. (A) Neither the State of South Carolina nor any of its political subdivisions, including school districts, shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in public employment, public education, or public contracting.

(B) This section shall apply only to governmental action taken after the effective date of this article.

(C) Allowable remedies for violation of this article shall include reasonable attorney's fees.

(D) Nothing in this article shall be interpreted as prohibiting classifications based on sex that are reasonably necessary to the normal operation of public employment or public education.

(E) Nothing in this article shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this article.

(F) Nothing in this article shall be interpreted as prohibiting governmental action that is necessary to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds.

(G) Nothing in this article shall be construed as prohibiting a public agency from obeying a court order requiring the consideration of racial, ethnic, national origin, gender, or religious characteristics to remedy the effects of its own past discriminatory practices.

(H) If any part or parts of this article are found to be in conflict with federal law, the United States Constitution, or the constitution of this State, the section shall be implemented to the maximum extent permitted by federal law and the United States Constitution and the constitution of this State. Any provision held invalid is severable from the remaining portions of this article."

SECTION 2. This act takes effect upon approval by the Governor.