Committee Report

March 20, 2024

 

H. 4289

 

Introduced by Reps. McGinnis, Erickson, Ballentine, Murphy, Brewer, Robbins, Gatch, Mitchell, Yow, Cromer, Beach, Pace, Taylor, Guffey and Magnuson

 

S. Printed 03/20/24--H.

Read the first time April 06, 2023

 

________

 

The committee on House Education and Public Works

To whom was referred a Bill (H. 4289) to amend the South Carolina Code of Laws by adding Section 59-101-680 so as to provide that a public institution of higher learning may not condition or promise, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 59-101-680(A), (B), (C), and (D) and inserting:

    (A) For the purposes of this section, "public institution of higher learning" means any state-supported, post-secondary educational institution and includes technical and comprehensive educational institutions.

    (B) 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. A public institution of higher learning may not ask for or demand any such political promise or declaration from an applicant, or a faculty member or employee.

    (C) 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.

    (D) A public institution of higher learning shall not infringe on a student, faculty member, or employee's first amendment right to free speech. A public institution of higher learning shall not discriminate on the basis of viewpoint discrimination.

    (E) A public institution of higher learning shall not infringe on a student, faculty member, or employee's first amendment right to free speech. A public institution of higher learning shall not discriminate on the basis of viewpoint discrimination.

    (F) A public institution of higher learning must report to the Commission on Higher Education by August first each year the total number of administrative positions and total operating costs, including a description of the programs that support diversity, equity, and inclusion. The report shall also contain the number and nature of the complaints made to the institution by a student, faculty member, or employee regarding a violation of this provision and the resolution, or status, of the complaint. The Commission on Higher Education must provide a report to the Chairman of the House Education and Public Works Committee, the Chairman of the Senate Education Committee, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee by October first each year summarizing this information, by institution.

    (G)  Nothing in this provision 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.

    (H)  Nothing in this provision may be construed to limit or prohibit an institution of higher learning or an employee or faculty member from applying for a grant or complying with the terms of accreditation by an accrediting agency, submitting to the grantor or accrediting agency a statement that highlights the institution's work in supporting student populations or certifying compliance with state and federal antidiscrimination laws.

    (I) 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.

 

Renumber sections to conform.

Amend title to conform.

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill specifies that a public institution of higher learning may not promote differential treatment or expend any funds to promise any other benefit to an applicant for admission or the hiring or promotion of a faculty member upon the applicant or faculty member's commitment or declaration of personal support or disagreement with a political ideology or movement, including a statement regarding diversity, equity, and inclusion.  The amended bill prohibits institutions of higher learning from mandating diversity training and requires that each institution report to CHE annually on the total number of administrative positions and operating costs related to diversity, equity, and inclusion.  Nothing in the amended bill prohibits an institution of higher learning from complying with terms of accreditation or an application for a grant.

 

Institutions of Higher Learning.  This bill requires institutions of higher learning to annually submit information to CHE regarding the number of administrative positions and description of programs that support or are associated with diversity, equity, and inclusion.  The bill further requires that each public institution of higher learning submit an electronic copy of the language in the section to each student, employee, and faculty member.  Based on previous responses received from USC, CCU, Lander, and FMU, state institutions of higher learning expect to manage any expenses related to compliance with the bill, including the reporting requirements and dissemination of information, can be managed under the institutions' existing budgets.  Therefore, this bill will have no impact on state institutions of higher learning.  We will update this fiscal impact statement if any additional information to the contrary is received.

 

Commission on Higher Education.  This bill requires CHE to provide an annual report to the Chairmen of the House Education and Public Works Committee, Senate Education Committee, Senate Finance Committee, and House Ways and Means Committee on the information received from the institutions of higher learning regarding positions or programs related to diversity, equity, and inclusion.  We anticipate that the reporting requirements of the bill will be managed with existing resources for CHE.  Therefore, this bill will have no expenditure impact on CHE.  We will update this fiscal impact statement if any additional information to the contrary is received.

 

Technical College System.  The Tech System indicated that requirements of this bill for state technical colleges will be managed with existing resources, and therefore, this bill will have no expenditure impact on the Tech System.

 

State Expenditure

This bill specifies that a public institution of higher learning may not promote differential treatment or promise any other benefit to an applicant for admission or the hiring or promotion of a faculty member upon the applicant or faculty member's commitment or declaration of personal support or disagreement with a political ideology or movement, including a statement regarding diversity, equity, and inclusion.  The bill further states that if any such declaration or statement is received, the institution may not promote differential treatment as a result.  Nothing in the bill may prohibit an institution of higher learning from complying with federal or state law, including antidiscrimination laws.

 

Institutions of Higher Learning.  Based on responses received from USC, CCU, Lander, and FMU, state institutions of higher learning expect to manage any expenses related to compliance with the bill under the institutions' existing budgets.  The institutions that provided a response did not indicate that this bill would reduce expenditures related to diversity, equity, and inclusion initiatives.  Therefore, this bill will have no impact on state institutions of higher learning.

 

Commission on Higher Education.  CHE indicates that this bill includes no additional requirements of the agency in its higher education oversight or regulatory capacity.  Therefore, this bill will have no expenditure impact on CHE. 

 

Technical College System.  The Tech System indicates that requirements of this bill for state technical colleges will be managed with existing resources, and therefore, this bill will have no expenditure impact on the Tech System.

 

State Revenue

This bill states that a public institution of higher learning may not promote differential treatment or promise any other benefit to an applicant for admission or the hiring or promotion of a faculty member upon the applicant or faculty member's commitment or declaration of personal support or disagreement with a political ideology or movement, including a statement regarding diversity, equity, and inclusion. 

 

This bill may impact federal grant programs administered by MUSC.  We have requested additional information from MUSC and will update this impact statement when the information is available.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

________

 

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-680 SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING MAY NOT condition or PROMISE ADMISSIONS OR BENEFITS TO CERTAIN APPLICANTS FOR CERTAIN SUPPORT OR DISAGREEMENTS WITH CERTAIN STATEMENTS REGARDING DIVERSITY, EQUITY, INCLUSION, OR ASSOCIATED ISSUES.

 

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

 

SECTION 1.  Article 2, Chapter 101, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-101-680.  (A) For the purposes of this section, "public institution of higher learning" means any state-supported, post-secondary educational institution and includes technical and comprehensive educational institutions.

    (B) In determining admissions or employment decisions, a public institution of higher learning may not condition or promise admission, benefits, or promote differential treatment to an applicant for admission, or hiring or promotion to a faculty member, on the applicant's or faculty member'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. A public institution of higher learning may not ask for or demand any such promise or declaration from an applicant or a faculty member.

    (C) If a public institution of higher learning receives a promise or declaration describing a commitment to any political ideology or movement, including a promise or declaration regarding diversity, equity, inclusion, or other associated political issues, it may not promote differential treatment, grant or deny admission or benefits to a student, or hiring or promotion to a faculty member, based on the opinions expressed in the promise or declaration.

    (D) Nothing in this section prohibits a public institution of higher learning from complying with federal law or acting against a student, professor, or employee for violations of federal or state law or requiring a student, professor, or employee to comply with federal or state law, including antidiscrimination laws.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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