20-12-4. Authority of municipality and county to investigate discriminatory practices.

Any municipality or county may investigate any discriminatory practices based on sex, race, color, creed, religion, ancestry, disability, familial status, or national origin, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations, or public services.

Source: SL 1970, ch 66, § 1; SL 1973, ch 140; SL 1975, ch 165, § 2; SL 1986, ch 170, § 1; SL 1991, ch 179, § 1.

20-12-5. Commissions on human relations authorized--Purposes and powers.

To effectuate the foregoing policy municipalities and counties may establish a commission on human relations which may act to disseminate information, to engage in and co-operate with programs of research and education, to co-operate with persons or groups interested in similar objectives, to conduct public meetings and hearings, to mediate and conciliate in instances of alleged discrimination, and to initiate and hear complaints alleging discrimination with such investigation and inquiry as may reasonably appear necessary.

Source: SL 1970, ch 66, § 2; SL 1975, ch 165, § 3.

20-12-6. Investigating powers of local commission--Affirmative action--Power coextensive with powers of state commission.

In the hearing of verified complaints such a commission may subpoena and examine witnesses, administer oaths, take testimony, and require the production for examination of relevant books or papers and to take such affirmative action as in the judgment of the commission will effectuate its purposes. The powers of the local commission may be coextensive with the powers of the State Human Rights Commission as set forth in § 20-13-42. All hearings under this chapter shall be conducted pursuant to contested case procedures in chapter 1-26.

Source: SL 1970, ch 66, § 3; SL 1973, ch 141; SL 1991, ch 179, § 2.

20-12-6.1. Right to proceed in circuit court or before local commission--Notice as to right of election.

No later than twenty days after notice of a finding of probable cause by the local commission and prior to hearing, the charging party or respondent may elect to have the claims asserted in the charge decided in circuit court in lieu of a hearing before the local commission. Parties shall be notified of their right to election in the notice of finding of probable cause.

Source: SL 1991, ch 179, § 4.

20-12-7. Appeal from local commission.

All decisions of a commission shall be subject to appeal under the same conditions and in the manner provided under §§ 1-26-30 to 1-26-37, inclusive.

Source: SL 1970, ch 66, § 4.

20-12-8. Definition of terms.

Words defined in § 20-13-1 shall have the same meaning when used in this chapter.

Source: SL 1975, ch 165, § 1.

20-12-9. Transfer of complaints to state commission.

Upon the filing of any complaint under the provisions of § 20-12-5, the parties to the complaint shall be notified that any party thereto may, within fifteen days of the date of receipt of the notice of the proceeding, demand as a matter of right that the matter be transferred to the State Commission of Human Rights which shall process the complaint under the provisions of chapter 20-13. Immediately upon receipt of notice of a party's demand to transfer the complaint under this provision, the municipal or county commission on human relations shall forward the complaint to the State Division of Human Rights and shall thereafter have no further jurisdiction with regard to the complaint.

Source: SL 1983, ch 165; SL 1991, ch 179, § 3.