Current Status Bill Number:3812 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950315 Primary Sponsor:Limbaugh All Sponsors:Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins Drafted Document Number:gjk\21547sd.95 Companion Bill Number:856 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19960327 Subject:Discrimination from public employment
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960501 Recommitted to Committee 25 HJ
House 19960425 Debate adjourned until
Tuesday, 19960430
House 19960424 Debate adjourned until
Thursday, 19960425
House 19960423 Debate adjourned until
Wednesday, 19960424
House 19960418 Objection by Representative Cato
Limbaugh
Davenport
Cain
Loftis
Easterday
Mason
House 19960418 Objection withdrawn by Representative Moody- Lawrence
Lee
J. Hines
House 19960417 Debate adjourned until
Thursday, 19960418
House 19960417 Reconsidered vote whereby
Amendment No. 2 was adopted
House 19960403 Objection withdrawn by Representative Howard
Cave
Neal
House 19960327 Objection by Representatives Scott
Kennedy
Govan
Neal
Canty
Lloyd
White
Cobb- Hunter
J. Brown
Moody-
Lawrence
Cave
Howard
Clyburn
J. Hines
Lee
Anderson
McMahand
House 19960327 Reconsidered vote whereby
the Joint Resolution, as amended,
was given a second reading
House 19960327 Amended, read second time
House 19960320 Committee report: Favorable 25 HJ
House 19950315 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
AMENDED--NOT PRINTED IN THE HOUSE
(P:\amend\GJK\22562SD.96)
(P:\amend\PT\2383JM.96)
March 27, 1996
H. 3812
Introduced by REPS. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins
S. Printed 3/20/96--H.
Read the first time March 15, 1995.
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.
Amend Title To Conform
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 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.
(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.
(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."
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 for any individual or group in the operation of the state's system of public employment, public education, or public contracting?
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'."