S729: Public Nondiscrimination Amendment. Latest Version


Senate
Passed 1st Reading
Rules



AN ACT to amend the north carolina constitution TO prohibit consideration of race, sex, color, ethnicity, or national origin in public employment, public contracting, and public EDUCATION.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 1 of the North Carolina Constitution is amended by adding a new section to read:

Sec. 39.  Prohibition on discrimination or preferential treatment in public employment, education, or contracting.

(1)        The State and its political subdivisions, including the free public schools and public institutions of higher education, shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

(2)        Nothing in this Section shall be interpreted as prohibiting bona fide qualifications based on sex which are reasonably necessary to the normal operation of public employment, public education, or public contracting.

(3)        Nothing in this Section shall be interpreted as prohibiting action which must be taken to establish or maintain eligibility for any federal program where ineligibility would result in a loss of federal funds to the State.

SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the statewide primary election to be held in 2022, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:

[ ] FOR          [ ] AGAINST

Constitutional amendment to prohibit the State and its political subdivisions from discriminating or granting preferential treatment on the basis of race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting.

SECTION 3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office.

SECTION 4.  The amendment set out in Section 1 of this act becomes effective upon certification and applies to actions taken on or after the effective date of certification.

SECTION 5.  Nothing in the amendment set out in Section 1 of this act shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of certification.

SECTION 6.  If any part or parts of the amendment set out in Section 1 of this act are found to be in conflict with federal law or the United States Constitution, the amendment shall be implemented to the maximum extent that federal law and the United States Constitution permit, and any provision held invalid shall be severable from the remaining portions of the amendment.

SECTION 7.  This act is effective when it becomes law.