Current Status Bill Number:3759 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950307 Primary Sponsor:Fair, All Sponsors:Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill, Limehouse and Meacham Drafted Document Number:GJK\21490JM.95 Residing Body:Senate Current Committee:Finance Committee 06 SF Date of Last Amendment:19950524 Subject:Fair Dealing with Government Civil Rights Act of 1995
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950529 Introduced, read first time, 06 SF
referred to Committee
House 19950525 Read third time, sent to Senate
House 19950524 Amended, read second time
House 19950511 Debate adjourned until
Tuesday, 19950523
House 19950426 Committee report: majority 26 HLCI
favorable, minority unfavorable
House 19950307 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
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.
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.