H 3759 Session 111 (1995-1996)
H 3759 General Bill, By Fair, B.D. Cain, R.J. Herdklotz, Kelley, Limehouse,
Mason, Meacham, Simrill, Tripp and D.C. Waldrop
A Bill to enact the "South Carolina Fair Dealing with Government Civil Rights
Act of 1995"; to amend Section 13-19-30, Code of Laws of South Carolina, 1976,
relating to the Midlands Authority of South Carolina and the Authority's
governing board, so as to delete the requirement that the Authority comply
with the provisions of law relating to assistance to minority businesses; to
amend Section 13-21-30, relating to the Edisto Development Authority and the
rights and powers of its governing board, so as to delete the requirement that
the Authority comply with the provisions of law relating to to assistance to
minority businesses; to amend Section 41-43-90, as amended, relating to the
South Carolina Jobs Economic Development Authority and to the corporate and
other powers of the Authority, so as to delete the requirement that the
Authority comply with the provisions of law relating to assistance to minority
businesses; and to repeal Section 12-27-1320, relating to goals or set-asides
for businesses owned and controlled by socially and economically disadvantaged
ethnic minorities and disadvantaged females, and Article 21 of Chapter 35,
Title 11, relating to the Procurement Code and Assistance to Minority
Businesses.
03/07/95 House Introduced and read first time HJ-3
03/07/95 House Referred to Committee on Labor, Commerce and
Industry HJ-4
04/26/95 House Committee report: Majority favorable, minority
unfavorable Labor, Commerce and Industry HJ-4
05/11/95 House Debate adjourned until Tuesday, May 23, 1995 HJ-56
05/24/95 House Amended HJ-99
05/24/95 House Read second time HJ-102
05/24/95 House Roll call Yeas-72 Nays-30 HJ-102
05/25/95 House Read third time and sent to Senate HJ-69
05/29/95 Senate Introduced and read first time SJ-8
05/29/95 Senate Referred to Committee on Finance SJ-8
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 24, 1995
H. 3759
Introduced by REPS. Fair, Herdklotz, Tripp, Mason, Cain,
Waldrop, Kelley, Simrill, Limehouse and Meacham
S. Printed 5/24/95--H.
Read the first time March 7, 1995.
A BILL
TO ENACT THE "SOUTH CAROLINA FAIR DEALING
WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO
AMEND SECTION 13-19-30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE MIDLANDS
AUTHORITY OF SOUTH CAROLINA AND THE
AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE
THE REQUIREMENT THAT THE AUTHORITY COMPLY
WITH THE PROVISIONS OF LAW RELATING TO
ASSISTANCE TO MINORITY BUSINESSES; TO AMEND
SECTION 13-21-30, RELATING TO THE EDISTO
DEVELOPMENT AUTHORITY AND THE RIGHTS AND
POWERS OF ITS GOVERNING BOARD, SO AS TO DELETE
THE REQUIREMENT THAT THE AUTHORITY COMPLY
WITH THE PROVISIONS OF LAW RELATING TO
ASSISTANCE TO MINORITY BUSINESSES; TO AMEND
SECTION 41-43-90, AS AMENDED, RELATING TO THE
SOUTH CAROLINA JOBS ECONOMIC DEVELOPMENT
AUTHORITY AND TO THE CORPORATE AND OTHER
POWERS OF THE AUTHORITY, SO AS TO DELETE THE
REQUIREMENT THAT THE AUTHORITY COMPLY WITH
THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO
MINORITY BUSINESSES; AND TO REPEAL SECTION
12-27-1320, RELATING TO GOALS OR SET-ASIDES FOR
BUSINESSES OWNED AND CONTROLLED BY SOCIALLY
AND ECONOMICALLY DISADVANTAGED ETHNIC
MINORITIES AND DISADVANTAGED FEMALES, AND
ARTICLE 21 OF CHAPTER 35, TITLE 11, RELATING TO THE
PROCUREMENT CODE AND ASSISTANCE TO MINORITY
BUSINESSES.
Amend Title To Conform
Whereas, the General Assembly finds that fair dealing with
government ought to apply to every person in an equal fashion
regardless of the person's race, color, religion, creed, gender, or
national origin; and
Whereas, preferential treatment toward any individual or group of
individuals based on these criteria, as well as discrimination against
such persons or groups, is inherently unjust and unfair; and
Whereas, in order to make dealing with government fair, open, and
truly competitive based on the merits and abilities of persons, the
General Assembly finds it necessary to enact this legislation so that
on-going abuses in this area will cease and so that the civil rights of
all persons will be treated with equality. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act is known and may be cited as the
"South Carolina Fair Dealing with Government Civil Rights
Act of 1995".
SECTION 2. Section 13-19-30(e) of the 1976 Code, as added
by Act 515 of 1992, is amended to read:
"(e) notwithstanding any provision of law or regulation to
the contrary, and in accordance with its own procurement
procedures and regulations as approved by the Budget and Control
Board, acquire, purchase, hold, use, improve, manage, lease,
mortgage, pledge, sell, transfer, and dispose of any property, real,
personal, or mixed, or any interest in any property, or revenues of
the authority, including as security for notes, bonds, evidences of
indebtedness, or other obligations of the authority. Except for
the provisions of Sections 11-35-5210 through 11-35-5270,
inclusive, in In exercising the powers authorized in this
chapter the authority is exempt from Title 11, Chapter 35. The
authority has no power to pledge the credit and the taxing power of
the State or any of its political subdivisions;".
SECTION 3. Section 13-19-30(o) of the 1976 Code, as added
by Act 515 of 1992, is amended to read:
"(o) employ and dismiss, at the will and pleasure of the
authority, those employees, consultants, and other providers of
services the authority considers necessary and to fix and to pay their
compensation. Employees of the authority or any entity established
pursuant to Section 13-19-190 are not considered state employees
except for eligibility for participation in the State Retirement
System and the State Health Insurance Group Plans and pursuant to
Chapter 78 of Title 15. Chapter 11 of Title 8 and Article 5,
Chapter 17 of Title 8 do not apply to the authority. The authority
is responsible for complying with the other state and federal laws
covering employers. The authority may contract with the Division
of Human Resource Management of the State Budget and Control
Board to establish a comprehensive human resource management
program. Except for the provisions of Subarticle 3, Article 21,
Chapter 35 of Title 11, the The provisions of Chapter
35 of Title 11 do not apply to the authority in the employment of
consultants and other providers of service, but consultants and other
providers of services are subject to the authority's procurement
procedures or regulations as approved by the State Budget and
Control Board;".
SECTION 4. Section 13-21-30(5) of the 1976 Code, as added
by Act 515 of 1992, is amended to read:
"(5) notwithstanding any provision of law or regulation to
the contrary, and in accordance with its own procurement
procedures or regulations as approved by the State Budget and
Control Board, acquire, purchase, hold, use, improve, manage,
lease, mortgage, pledge, sell, transfer, and dispose of any property,
real, personal, or mixed, or any interest in any property, or revenues
of the authority, including as security for notes, bonds, evidences of
indebtedness, or other obligations of the authority. Except for
the provisions of Subarticle 3, Article 21, Chapter 35 of Title 11,
in In exercising the powers authorized in this chapter
the authority is exempt from Title 11 of Chapter 35. The authority
has no power to pledge the credit and the taxing power of the State
or any of its political subdivisions;".
SECTION 5. Section 13-21-30(15) of the 1976 Code, as added
by Act 515 of 1992, is amended to read:
"(15) employ and dismiss, at the will and pleasure of the
authority, those employees, consultants, and other providers of
services as the authority considers necessary and to fix and to pay
their compensation. Employees of the authority or any entity
established pursuant to Section 13-21-200 are not considered to be
state employees except for eligibility for participation in the State
Retirement System and the State Health Insurance Group Plans and
pursuant to Chapter 78 of Title 15. Chapter 11 of Title 8 and
Article 5, Chapter 17 of Title 8 do not apply to the authority. The
authority is responsible for complying with the other state and
federal laws covering employers. The authority may contract with
the Division of Human Resources Management of the State Budget
and Control Board to establish a comprehensive human resource
management program. Except for the provisions of Subarticle 3,
Article 21, Chapter 35 of Title 11, the The provisions
of Chapter 35 of Title 11 do not apply to the authority in the
employment of consultants and other providers of service, but
consultants and other providers of services are subject to the
authority's procurement procedures or regulations as approved by
the State Budget and Control Board;".
SECTION 6. Section 41-43-90(E) of the 1976 Code, as
amended by Act 404 of 1992, is further amended to read:
"(E) Notwithstanding any provision of law or regulation
to the contrary, and in accordance with its own procurement
procedures and regulations as approved by the Budget and Control
Board, which must, at a minimum, incorporate the provisions of
Sections 11-35-5210 through 11-35-5270, inclusive, acquire,
purchase, hold, use, improve, manage, lease, mortgage, pledge, sell,
transfer, and dispose of any property, real, personal, or mixed, or
any interest in any property, or revenues of the authority, including
as security for notes, bonds, evidences of indebtedness, or other
obligations of the authority. Except for the provisions of
Sections 11-35-5210 through 11-35-5270, inclusive, in
In exercising the powers authorized in this chapter the
authority is exempt from Title 11, Chapter 35. The authority has
no power to pledge the credit and the taxing power of the State or
any of its political subdivisions."
SECTION 7. Section 12-27-1320 and Article 21 of Chapter 35,
Title 11 of the 1976 Code are repealed.
SECTION 8. Nothing in this section shall be construed as
prohibiting the state action that is necessary to establish or maintain
eligibility for any federal program where ineligibility would result
in a loss of federal funds to the State; nor shall this section prohibit
a public agency from obeying a court order requiring consideration
of racial, ethnic, national origin, gender or religious characteristics
to remedy the effects of its own past discriminatory practices.
SECTION 9. This act takes effect upon approval by the
Governor.
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