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H. 5063
STATUS INFORMATION
General Bill
Sponsors: Reps. F.N. Smith and J.H. Neal
Document Path: l:\council\bills\ggs\22095ab08.doc
Introduced in the House on April 22, 2008
Currently residing in the House Committee on Judiciary
Summary: Discrimination by a municipality
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/22/2008 House Introduced and read first time HJ-21 4/22/2008 House Referred to Committee on Judiciary HJ-21
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-55 SO AS TO PROVIDE IT IS UNLAWFUL FOR A MUNICIPALITY TO DISPLACE A SEGMENT OF ITS POPULATION BECAUSE OF RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, OR NATIONAL ORIGIN BY MEANS OF THE MUNICIPALITY'S POWER TO LEVY TAXES, POWER TO ACQUIRE LAND THROUGH CONDEMNATION, OR OTHERWISE, AND TO PROVIDE A PARTY AGGRIEVED AS A RESULT OF A VIOLATION OF THIS SECTION MAY INSTITUTE AN ACTION IN HIS OWN NAME IN THE CIRCUIT COURT TO RECOVER DAMAGES, REASONABLE ATTORNEY FEES, AND REASONABLE COSTS FOR THE VIOLATION, AND THAT A SINGLE ACT OF DISCRIMINATION MAY CONSTITUTE PROOF OF A VIOLATION WITHOUT NECESSITATING PROOF OF A PATTERN OF DISCRIMINATORY CONDUCT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 5 of the 1976 Code is amended by adding:
"Section 5-7-55. (A) It is unlawful for a municipality to displace a segment of its population because of race, color, religion, sex, familial status, or national origin by means of the municipality's power to levy taxes, power to acquire land through condemnation, or otherwise.
(B) A party aggrieved as a result of a violation of this section may institute an action in his own name in the circuit court to recover damages for the violation. A single act of discrimination may constitute proof of a violation without the necessity of proving a pattern or practice of discrimination. In addition, the court, upon finding that a person violated the provisions of this section, shall award the aggrieved party reasonable attorney's fees and costs."
SECTION 2. This act takes effect upon approval by the Governor.
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