A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-35-5305 SO AS TO PROHIBIT PUBLIC ENTITIES FROM AWARDING CONTRACTS AND GRANTS THAT DISCRIMINATE BASED ON RACE AND TO PROVIDE THAT ANY SUCH CONTRACT IS VOID AND UNENFORCEABLE.

 

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

 

SECTION 1.  Chapter 35, Title 11 of the S.C. Code is amended by adding:

 

    Section 11-35-5305.  (A) For the purposes of this section, "public entity" means any agency, office, division, or other unit by any name of every agency, office, or department of this State, and all of its political subdivisions, including all institutions of higher learning, public school districts, public charter school authorizers, and public charter schools.

    (B) Notwithstanding any other provision of law, a public entity may not require, impose, mandate or administer any procurement preference, set-aside, quota, goal, or similar program that classifies, prioritizes, or discriminates based on race in awarding contracts, subcontracts, grants, or any other public benefit.

    (C) Any policy, rule, regulation, or practice adopted or enforced by any public entity in violation of subsection (A) is void and unenforceable.

    (D) Any contract provision entered into by any public entity that violates subsection (A) is void and unenforceable.

    (E) Any statute or part of a statute in conflict with this section is repealed to the extent of the conflict.

 

SECTION 2.  Sections 12-28-2930(A)(1)(a), 11-35-5210, 11-35-5240, and 11-35-5270 of the S.C. Code are repealed.

 

SECTION 3.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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