TYP:Joint Resolution JR

BIL:3132

INB:House

IND:19970114

PSP:Limbaugh

SPO: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

DDN:gjk\23153sd.97

RBY:House

COM:Judiciary Committee 25 HJ

SUB:Discrimination prohibited in state or county governments, constitutional amendment

HST:3132

BodyDateAction DescriptionComLeg Involved

______

House19970430Recommitted to Committee25 HJ

House19970430Request for debate withdrawn

by RepresentativeKnotts

House19970416Debate adjourned until Wednesday,

19970430

House19970402Debate adjourned until Tuesday,

19970415

House19970325Request for debate by RepresentativeGovan

Harrison

Neal

McMaster

Sandifer

Cave

Riser

Scott

J. Brown

Knotts

R. Smith

J. Hines

Altman

Mack

Breeland

Harrell

Witherspoon

McMahand

Moody-

Lawrence

House19970320Request for debate by RepresentativeLimbaugh

House19970319Committee report: Favorable with25 HJ

amendment

House19970114Introduced, read first time,25 HJ

referred to Committee

House19970108Prefiled, referred to Committee25 HJ

TXT:

[3132-1 ]

COMMITTEE REPORT

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.

THE COMMITTEE ON JUDICIARY

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

REPORT:

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:

/SECTION1.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."

SECTION2.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.

[3132-1 ]

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.

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

SECTION1. 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.

(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."

SECTION2.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?

Yes _

No _

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'.”

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[3132-1 ]