S 0856 Joint Resolution, By Thomas, Courtney, Giese, Martin, Mescher, Peeler, 
Ryberg, Waldrep and Wilson

Similar(H 3812)
 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 in order to create or implement an affirmative action
 program.

   05/18/95  Senate Introduced and read first time SJ-37
   05/18/95  Senate Referred to Committee on Judiciary SJ-37

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 IN ORDER TO CREATE OR IMPLEMENT AN AFFIRMATIVE ACTION PROGRAM.

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 granting preferential treatment to any individual or group in the operation of the state's system of public employment, public education, or public contracting in order to create or implement an affirmative action program.

(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, including the authorization for or establishment of single-gender institutions of higher learning by the General Assembly, when such institutions are consistent with the public policy of this State as stated by the General Assembly.

(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."

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 granting preferential treatment to, any individual or group in the operation of the state's system of public employment, public education, or public contracting in order to create or implement an affirmative action program?

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'."