GOVERNOR'S RECOMMENDATION

1. Page 1, enrolled, after the first line of § 9-145.46:1 and before subsection A

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It shall be the policy and intent of the General Assembly that the higher education system of the Commonwealth shall operate without discrimination for or against any person because of that person's race or ethnicity. The Commonwealth shall not permit the use of race or ethnicity as a criterion for granting preferential treatment to, or discriminating against, any person, in admissions, faculty appointments or employment, except pursuant to the requirements of any court order to which the Commonwealth may be a party or for remedial purposes that are approved as constitutionally permissible by the Attorney General and authorized by the Governor. Institutions of higher education may, however, use affirmative recruitment practices designed to increase the racial and ethnic diversity of the pool of applicants for (i) admission, (ii) faculty appointment or (iii) employment, and may assist students of economically disadvantaged backgrounds with special programs in admissions and financial aid.

2. Page 1, enrolled, the second line of subsection A of § 9-145.46:1, after composed of

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nine

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eleven

3. Page 1, enrolled, the eighth line of subsection A of § 9-145.46:1, after (iii)

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two citizens, one each to be appointed by the Speaker of the House and the Senate Committee on Privileges and Elections

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four citizens appointed by the Governor

4. Page 1, enrolled, after subdivision B 8 of § 9-145.46:1

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9. To identify those policies and programs in admissions, faculty appointment and employment that may result in preferential treatment for, or discrimination against, any person based upon that person's race or ethnicity that are not required by any court order or remedial measures approved as constitutionally permissible by the Attorney General and authorized by the Governor.

5. Page 2, enrolled, the fourth line after programs

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that are consistent with the intent and policy of the General Assembly as set forth in this section

6. Page 3, enrolled, the second line of subdivision 12, after higher education

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that are consistent with the intent and policy of the General Assembly as set forth in § 9-145.46:1