S 856 Session 111 (1995-1996)
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?
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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