LRB-3731/1
SRM:kjf:rs
2007 - 2008 LEGISLATURE
February 29, 2008 - Introduced by Senators Grothman, A. Lasee and Lazich,
cosponsored by Representatives
Tauchen, Pridemore, Lothian, Vos,
LeMahieu, Hahn, Kleefisch, Kerkman, Newcomer, Nygren, Owens and
Townsend. Referred to Committee on Judiciary, Corrections, and Housing.
SJR96,1,5
1To create section 27 of article I of the constitution;
relating to: prohibiting the state
2from discriminating against, or granting preferential treatment to, an
3individual or group on the basis of race, sex, color, ancestry, or national origin
4in the operation of public employment, public education, or public contracting
5(first consideration).
Analysis by the Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2007 legislature on
first consideration, prohibits the state from discriminating against, or granting
preferential treatment to, an individual or group on the basis of race, sex, color,
ancestry, or national origin in the operation of public employment, public education,
or public contracting.
The amendment does not prohibit a bona fide qualification based on sex that
is reasonably necessary to the normal operation of public employment, public
education, or public contracting. It does not prohibit action that must be taken to
establish or maintain eligibility for a federal program, if ineligibility would result in
the loss of federal funds to the state.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
SJR96,1,6
6Resolved by the senate, the assembly concurring, That:
SJR96, s. 1
1Section
1. Section 27 of article I of the constitution is created to read:
SJR96,2,52
[Article I] Section 27 (1) Neither the state nor local governments shall
3discriminate against, or grant preferential treatment to, an individual or group on
4the basis of race, sex, color, ancestry, or national origin in the operation of public
5employment, public education, or public contracting.
SJR96,2,86
(2) This section does not prohibit a bona fide qualification based on sex that is
7reasonably necessary to the normal operation of public employment, public
8education, or public contracting.
SJR96,2,119
(3) This section does not prohibit action that must be taken to establish or
10maintain eligibility for a federal program, if ineligibility would result in the loss of
11federal funds to the state.
SJR96, s. 2
12Section
2. Numbering of new provision. The new section 27 of article I of
13the constitution created in this joint resolution shall be designated by the next higher
14open whole section number in that article if, before the ratification by the people of
15the amendment proposed in this joint resolution, any other ratified amendment has
16created a section 27 of article I of the constitution of this state. If one or more joint
17resolutions create a section 27 of article I simultaneously with the ratification by the
18people of the amendment proposed in this joint resolution, the sections created shall
19be numbered and placed in a sequence so that the sections created by the joint
20resolution having the lowest enrolled joint resolution number have the numbers
21designated in that joint resolution and the sections created by the other joint
22resolutions have numbers that are in the same ascending order as are the numbers
23of the enrolled joint resolutions creating the sections.
SJR96,3,3
1Be it further resolved, That this proposed amendment be referred to the
2legislature to be chosen at the next general election and that it be published for 3
3months previous to the time of holding such election.
