H 3132 Joint Resolution, By L.H. Limbaugh, Altman, Barfield, Bauer, Beck, Boan, 
H. Brown, Cooper, Dantzler, Davenport, Easterday, Edge, Fleming, Harrell, 
Haskins, Hawkins, Hinson, B.L. Jordan, Kelley, Kirsh, Klauber, Knotts, Lanford, 
Law, Leach, Limehouse, Littlejohn, Loftis, Mason, McKay, J.D. McMaster, Meacham, 
V.T. Mullen, Quinn, Rice, Riser, Rodgers, Sandifer, Seithel, Sharpe, Simrill, 
D. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Whatley, Wilkins, 
Witherspoon, Woodrum, W.J. Young and Young-Brickell
 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION
 OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 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 THE
 OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR
 PUBLIC CONTRACTING.

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-55
   01/14/97  House  Referred to Committee on Judiciary HJ-56
   03/19/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-14
   03/20/97  House  Requests for debate-Rep(s). Limbaugh HJ-8
   03/25/97  House  Requests for debate-Rep(s). Govan, Harrison,
                     Neal, McMaster, Sandifer, Cave, Riser, Scott, J.
                     Brown, Knotts, R. Smith, Hines, Altman, Mack,
                     Breeland, Harrell, Witherspoon, McMahand &
                     Moody-Lawrence HJ-11
   04/02/97  House  Debate adjourned until Tuesday, April 15, 1997 HJ-91
   04/16/97  House  Debate adjourned until Wednesday, April 30, 1997 HJ-54
   04/30/97  House  Requests for debate removed-Rep(s). Knotts HJ-47
   04/30/97  House  Recommitted to Committee on Judiciary HJ-75

March 19, 1997

H. 3132

Introduced by Reps. Limbaugh, Altman, Barfield, Bauer, Beck, Boan, H. Brown, Cooper, Dantzler, Davenport, Easterday, Edge, Fleming, Harrell, Haskins, Hawkins, Hinson, Jordan, Kelley, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Mason, McKay, McMaster, Meacham, Mullen, Quinn, Rice, Riser, Rodgers, Sandifer, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Whatley, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell

S. Printed 3/19/97--H.

Read the first time January 14, 1997.

To whom was referred a Joint Resolution (H. 3132), proposing an amendment to Article XVII of the Constitution of South Carolina, 1895, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Chapter 13 of Title 1 of the 1976 Code is amended by adding:

"Section 1-13-5. (A) Neither the State of South Carolina nor any of its political subdivisions 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 the operation of the state's system of public employment, public education, or public contracting.

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

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

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

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

(F) Nothing in this section 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.

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

(H) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons."

SECTION 2. This act takes effect upon approval of the Governor./

Amend further, as and if amended, by striking the title and inserting:

/TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 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 THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING./

Renumber sections to conform.

JAMES H. HARRISON, for Committee.

PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 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 THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

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

SECTION 1. It is proposed that Article XVII of the Constitution of this State be amended by adding:

"Section 16. (A) Neither the State of South Carolina nor any of its political subdivisions shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against or for any individual or group in the operation of the state's system of public employment, public education, or public contracting.

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

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

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

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

(F) Nothing in this section shall be interpreted as prohibiting 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.

(G) Nothing in this section 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 section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent permitted by federal law and the United States Constitution. Any provision held invalid shall be severable from the remaining portions of this section.

(I) Nothing in this section shall be interpreted to prohibit a bona fide state agency from its responsibilities to monitor and implement state laws assuring equal employment opportunity to all persons."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article XVII of the Constitution of this State be amended by adding Section 16 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 for any individual or group in the operation of the state's system of public employment, public education, or public contracting?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."