Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 11330(a) of the 1976 Code is amended to read: “(a) ‘Commission’ ‘Division’ means the State Division of Human Affairs Commission in the Office of the Secretary of State.” SECTION 2. Sections 11340 through 11370 of the 1976 Code is amended to read: “Section 11340. (a) There is hereby created in the executive department Office of the Secretary of State, and under the administration and supervision of the Secretary of State, the South Carolina Division of Human Affairs Commission, to encourage fair treatment for, and to eliminate and prevent discrimination against, any member of a group protected by this chapter, and to foster mutual understanding and respect among all people in this State. (b) The Commission shall consist division is supported by an advisory board consisting of fifteen members to be appointed by the Governor, with two members from each congressional district and three atlarge members. appointed by the Governor, with the advice and consent of the Senate, and three members at large appointed by the Governor. The first appointed members from the first and second congressional districts and one at large member shall serve until June, 1984. The first appointed members from the third and fourth congressional districts and one at large member shall serve until June, 1985. Thereafter All members shall serve for a term of three years and until their successors are appointed and qualify. Vacancies shall be filled in the manner of the original appointment for the unexpired term. (c) No member of the Commission advisory board shall serve more than two consecutive terms. A member having served two consecutive terms shall be is eligible for reappointment one year after the expiration of his second term. (d) The Governor shall appoint one of the at large members to serve as chairman and may appoint any member to serve as vicechairman vice chairman, each to serve a term of one year. In the absence of appointment of a vicechairman vice chairman, the
(3) The complaint may be resolved at any time before a hearing by conference, conciliation and persuasion with the complainant and the respondent, such resolution to be embodied in a conciliation agreement, which shall include an agreement by the respondent to refrain from committing unlawful discriminatory practices in the future, and which may contain such further provisions as are agreed upon by the complainant and the respondent. No conciliation agreement shall be deemed considered an effective resolution by the Commission unless the supervisory commission member employee or agent shall have reviewed and approved the terms thereof of the agreement. Positions taken by a witness in connection with such efforts toward conciliation shall not be made public or used against the interest of the witness in a subsequent proceeding. (4) In undertaking its investigation of a complaint, the Commission shall have the authority division may : (i) To issue a subpoena or subpoena duces tecum and thereby compel attendance of witnesses or production for examination of books, papers, and records, whenever it is deemed necessary to compel the attendance of witnesses, or the production for examination of any books, payrolls, personnel records, correspondence, documents, papers or any other evidence relating to any matter under investigation or in question before the Commission division. The power may be exercised only by the joint action by the Chairman of the Commission and the Commissioner. director, with the approval of the Secretary of State; (ii) To require any party or witness to answer interrogatories at any time after the complaint is filed.; (iii) To take depositions of witnesses including any party pursuant to a complaint or investigation made by the Commission. division; (iv) Pursuant to subitems (i), (ii), (iii), above, if a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery, the Commission may request an order of a court of competent jurisdiction requiring discovery and other related good faith compliance if, pursuant to subitems (i), (ii), (iii), above, a person fails to permit access, fails to comply with a subpoena, refuses to have his or her deposition taken, refuses to answer interrogatories, or otherwise refuses to allow discovery.