HOUSE JOINT RESOLUTION H

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 26 of article I, to remove the provisions that prohibit certain governmental entities from granting preferential treatment to an individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, education, or contracting.

Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to remove the provisions that prohibit certain governmental entities from granting preferential treatment to an individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, education, or contracting, is proposed, agreed to, and submitted to the people of the state:

article I

Sec. 26. (1) The University of Michigan, Michigan State University, Wayne State University, and any other public college or university, community college, or school district 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) The state 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.

(3) For the purposes of As used in this section, "state" includes, but is not necessarily limited to, the this state, itself, any city , or county, any public college, university, or community college, or school district, or any other political subdivision or governmental instrumentality of or within the State of Michigan this state that is not included in sub-section 1.subsection (1).

(4) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the this state.

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

(6) The remedies available for violations of this section shall be are the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Michigan anti-discrimination law.the antidiscrimination laws of this state.

(7) This section shall be is self-executing. If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the this section shall be implemented to the maximum extent that the United States Constitution and federal law permit. Any provision held invalid shall be is severable from the remaining portions of this section.

(8) This section applies only to action taken after the effective date of this section.December 23, 2006.

(9) This section does not invalidate any court order or consent decree that is in force as of the effective date of this section.December 23, 2006.

Resolved further, That the foregoing amendment shall be submitted to the people of the state at the next general election in the manner provided by law.