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Indicates Matter Stricken
Indicates New Matter
H. 5064
STATUS INFORMATION
General Bill
Sponsors: Reps. Funderburk, W. Newton and Norrell
Document Path: l:\council\bills\bbm\9767dg18.docx
Introduced in the House on March 6, 2018
Introduced in the Senate on March 27, 2018
Last Amended on March 22, 2018
Currently residing in the Senate Committee on Judiciary
Summary: Human Affairs Commission
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/6/2018 House Introduced and read first time (House Journal-page 14) 3/6/2018 House Referred to Committee on Judiciary (House Journal-page 14) 3/8/2018 House Member(s) request name added as sponsor: Norrell 3/21/2018 House Committee report: Favorable with amendment Judiciary (House Journal-page 57) 3/22/2018 House Amended (House Journal-page 23) 3/22/2018 House Read second time (House Journal-page 23) 3/22/2018 House Roll call Yeas-100 Nays-0 (House Journal-page 25) 3/22/2018 House Unanimous consent for third reading on next legislative day (House Journal-page 26) 3/23/2018 House Read third time and sent to Senate (House Journal-page 2) 3/27/2018 Senate Introduced and read first time (Senate Journal-page 12) 3/27/2018 Senate Referred to Committee on Judiciary (Senate Journal-page 12)
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
AMENDED
March 22, 2018
H. 5064
S. Printed 3/22/18--H.
Read the first time March 6, 2018.
TO AMEND SECTION 1-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION ON HUMAN AFFAIRS, SO AS TO DELETE A DUPLICITOUS REPORTING REQUIREMENT; TO AMEND SECTION 1-13-70, RELATING TO THE POWERS OF THE COMMISSION, SO AS TO CLARIFY THAT THE COMMISSION MAY REQUIRE REPORTS FROM ALL EMPLOYERS; TO AMEND SECTION 1-13-90, RELATING TO THE DUTIES OF THE COMMISSION, SO AS TO EXTEND THE TIME BY WHICH A COMPLAINANT MAY BRING AN ACTION IN CIRCUIT COURT; AND TO AMEND SECTION 31-21-120, RELATING TO COMPLAINTS INVOLVING DISCRIMINATORY HOUSING PRACTICES, SO AS TO DELETE A REQUIREMENT THAT THE COMPLAINT AND ANSWER BE VERIFIED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-13-40(j) of the 1976 Code is amended to read:
"(j) The Commission shall render each year to the Governor and to the General Assembly a written report of its activities and of its recommendations."
SECTION 2. Section 1-13-70(i) of the 1976 Code is amended to read:
"(i) To require from any state agency or department or local subdivisions of a state agency or department employer such reports and information at such times as it may deem reasonably necessary to effectuate the purposes of this chapter pursuant to Section 1-13-90(c) and (d)."
SECTION 3. Section 1-13-90(d)(6) of the 1976 Code is amended to read:
"(6) If a charge filed with the commission by a complainant pursuant to this chapter is dismissed by the commission, or if within one hundred eighty days from the filing of the charge the commission has not filed an action under this chapter or entered into a conciliation agreement to which the complainant is a party, the complainant may bring an action in equity against the respondent in circuit court. The action must be brought within one year from the date of the violation alleged, or within one hundred twenty days from the date the complainant's charge is dismissed, whichever occurs earlier later, except that this period may be extended by written consent of the respondent."
SECTION 4. Section 31-21-120(B) of the 1976 Code is amended to read:
"(B) A complaint under subsection (A) must be filed within one hundred eighty days after the alleged discriminatory housing practice occurred. The complaint must be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. A complaint may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him, not later than ten days after receipt of notice, and may be amended reasonably and fairly by the respondent at any time. Both complaint and answer must be verified."
SECTION 5. This act takes effect upon approval by the Governor.
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