H 5072 Session 123 (2019-2020) H 5072 General Bill, By Funderburk, Norrell, W.Newton, Collins, Cobb-Hunter, Erickson, Jefferson and R.Williams A BILL 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 PROVIDE 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 PROVIDE A PROCEDURE FOR A FINDING OF AN UNLAWFUL DISCRIMINATORY PRACTICE AND TO EXTEND THE TIME BY WHICH A COMPLAINANT MAY BRING AN ACTION IN CIRCUIT COURT; 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; AND TO AMEND SECTION 31-21-140, RELATING TO CIVIL ACTIONS FOR DISCRIMINATORY HOUSING PRACTICES, SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR INDIVIDUALS.
Indicates New Matter COMMITTEE REPORT March 11, 2020 H. 5072 Introduced by Reps. Funderburk, Norrell, W. Newton, Collins, Cobb-Hunter and Erickson S. Printed 3/11/20--H. Read the first time January 29, 2020.
To whom was referred a Bill (H. 5072) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass: PETER M. MCCOY, JR. for Committee.
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 PROVIDE 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 PROVIDE A PROCEDURE FOR A FINDING OF AN UNLAWFUL DISCRIMINATORY PRACTICE AND TO EXTEND THE TIME BY WHICH A COMPLAINANT MAY BRING AN ACTION IN CIRCUIT COURT; 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; AND TO AMEND SECTION 31-21-140, RELATING TO CIVIL ACTIONS FOR DISCRIMINATORY HOUSING PRACTICES, SO AS TO PROVIDE CERTAIN FILING REQUIREMENTS FOR INDIVIDUALS. 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:
" SECTION 2. Section 1-13-70(i) of the 1976 Code is amended to read:
"(i) To SECTION 3. A. Section 1-13-90(c)(16) of the 1976 Code is amended to read:
"(16) If upon all the evidence at the hearing the panel shall find that the respondent has engaged in any unlawful discriminatory practice, it shall state its findings of fact and serve upon the respondent in the name of the commission an opinion and order requiring B. 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 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. SECTION 5. Section 31-21-140(A) of the 1976 Code is amended to read:
"(A) A civil action must be commenced by an individual within one year after the alleged discriminatory housing practice has occurred. SECTION 6. This act takes effect upon approval by the Governor.
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