The Committee on Education and Public Works proposedd the following Amendment No. 1o H. 3927 (LC-3927.DG0002H) :
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. Chapter 1, Title 1 of the S.C. Code is amended by adding:Article 29
Diversity, Equity, and Inclusion
Section 1-1-1910. (A) For the purposes of this section:
(1) "Public institution of higher learning" means any state-supported, postsecondary educational institution and includes technical and comprehensive educational institutions.
(2) "Quasi-state agency" means an entity that is a legally separate organization over which the State has no direct control but for which the State is accountable for purposes of financial reporting.
(B) Except as required by state and federal law, any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not establish or support any office, unit or division within that agency that is established or exists in whole or in part, for the promotion of diversity, equity, and inclusion.
(C) Except as required by state and federal law, any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not compel, require, induce, or solicit any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.
(D) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not give preferential treatment on the basis of race, sex, color, ethnicity, gender, or sexual orientation to an applicant for employment and shall comply with the Constitution of this State and the Constitution of the United States by ensuring that all rules, policies, employment practices, use of state funds, and all other official actions treat people equally.
(E) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not promote differential treatment, which is the intentional act of treating individuals or groups differently based on a protected characteristic, or provide special benefits to individuals on the basis of race, sex, color, ethnicity, gender, or sexual orientation. Nor shall any entity discriminate against any individual because of his or her race, color, sex or national origin, or classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
(F) All state agencies or quasi-state agencies, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall adhere to and comply with the Equal Protection Clauses of the Constitution of this State and the Constitution of the United States.
(G) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall, not require an individual to participate in a program that encourages preferential or differential treatment on the basis of race, sex, color, ethnicity, gender, or sexual orientation.
(H) For purposes of an institution of higher learning:
(1) When determining admissions or employment decisions, a public institution of higher learning may not expend any funds appropriated or authorized to promise admission, benefits, or promote or engage in differential treatment to an applicant for admission, or hire or promote a faculty member or employee, on the applicant's or faculty member's or employee's commitment to or making a declaration of personal support for or disagreement with any political ideology or movement, including a promise or statement regarding diversity, equity, inclusion, or other associated political issues.
(2) A public institution of higher learning may not ask for or demand any political promise or declaration from an applicant, or a faculty member or employee.
(3) If a public institution of higher learning receives a promise or declaration describing a commitment to any political ideology or movement, including a political promise or declaration regarding diversity, equity, inclusion, or other associated political issues, it may not promote or engage in differential treatment, grant or deny admission or benefits to a student, or hire or promote a faculty member or employee, based on the opinions expressed in the promise or declaration.
(4) A public institution of higher learning shall not require a faculty member or employee of the institution to complete or participate in mandatory training or other educational program regarding diversity, equity, inclusion. A public institution of higher learning shall not take an adverse employment action against a faculty member or employee of the institution for the faculty member's or employee's failure or refusal to participate in such training or program.
(5) A public institution of higher learning shall not infringe on a student, faculty member, or employee's right to free speech provided by the Constitution of this State and the Constitution of the United States. A public institution of higher learning shall not discriminate on the basis of viewpoint discrimination.
(6) Nothing in this subsection prohibits a public institution of higher learning from complying with federal law or applicable court order, or acting against a student, faculty member, or employee for violations of federal or state law or requiring a student, faculty member, or employee to comply with federal or state law, including antidiscrimination laws.
(7) Nothing in this subsection may be construed to limit or prohibit an institution of higher learning or an employee or faculty member from:
(a) applying for a grant;
(b) complying with the terms of accreditation by an accrediting agency;
(c) submitting to the grantor or accrediting agency a statement that highlights the institution's work in supporting student populations; or
(d) certifying compliance with state and federal antidiscrimination laws.
(8) Each public institution of higher learning shall provide each student, employee, and faculty member with an electronic copy of the language contained in this section.
(I) This section does not prevent any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State from engaging in speech protected by the Constitution of this State or the Constitution of the United States.
(J) The attorney general shall enforce the provisions of this section and may bring an action for injunctive or declaratory relief in any court of competent jurisdiction to do so.
(K) Every state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall report to the Department of Administration by August first of each year the total number and nature of the complaints made to the respective entity regarding a violation of the provisions of this section and the resolution, or status, of the complaint. The department shall provide a report to the Speaker of the House of Representatives and the President of the Senate by October first of each year summarizing this information. Nothing in this subsection requires the disclosure of the identity of the individual who made the complaint.
(L) An individual making a report pursuant to this section is protected by the provisions set forth in Chapter 27, Title 8.
(M) Nothing in this section prohibits any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State from complying with state or federal law.
SECTION 2. 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 3. This act takes effect on July 1, 2025.
Amend the bill further, by striking all after the title but before the enacting words.
Renumber sections to conform.
Amend title to conform.