Committee deadlocks 3–3 on contracting nondiscrimination bill after witnesses warn of sweeping effects

Constitutional Subcommittee · March 11, 2026

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Summary

Senate Bill 686, intended to align state contracting with federal rules, failed to win a favorable report in a 3–3 tie amid testimony that the proposal could eliminate race- and gender-based set-asides and disrupt current contracts; the committee carried the bill over for further work.

A state constitutional subcommittee voted 3–3 on whether to give Senate Bill 686 a favorable report, and the motion failed. The bill, sponsored in the hearing by President Alexander and other senators, would change state contracting law to align with federal executive orders and could limit preferential treatment in public contracts.

Staff described the measure as intended to help agencies certify compliance with federal grant requirements, and the chair said he planned an amendment after consultation with the Department of Transportation to avoid endangering federal funds. Brenton Brown, chief of staff at the South Carolina Commission for Community Advancement and Engagement, told senators the commission has proposed an amendment that would remove race and gender from certification decisions in favor of a tiered system based on firm revenue and size. "Our proposal is just to take race and gender out of the equation and for us to be able to tier these businesses based upon the revenue that they generate annually," Brown said.

Joshua Dunn, representing United Campus Workers of South Carolina, urged senators to oppose the bill. "United Campus Workers opposes 6 8 6 due to a number of concerns on the impact it will have on our public colleges and universities," Dunn said, warning the legislation’s broad language could imperil minority-retention programs, subcontracting commitments (he cited a USC School of Medicine construction commitment to award 30% of subcontracts to small and minority-owned firms) and other initiatives.

On the committee floor, a motion to give S686 a favorable report failed on a 3–3 roll; the committee then voted to carry the bill over for further consideration and to allow staff to draft or fine-tune amendments.