California Legislature—2013–14 Regular Session

Assembly Bill No. 5

Introduced by Assembly Member Ammiano

December 3, 2012

An act to amend Sections 51 and 54 of, and to add Part 2.2 (commencing with Section 53.1) to Division 1 of, the Civil Code, to amend Section 32228 of the Education Code, to amend Section 354.5 of the Elections Code, to amend Sections 11135, 12920, 12921, 12926, 12926.1, 12930, 12931, 12940, 12944, 12955, 12955.8, 12956.1, 12956.2, and 12993 of the Government Code, to amend Section 868.8 of the Penal Code, and to amend Section 4900 of the Welfare and Institutions Code, relating to homelessness.

LEGISLATIVE COUNSEL’S DIGEST

AB 5, as introduced, Ammiano. Homelessness.

Existing law, the Unruh Civil Rights Act, provides that all persons within the state are free and equal, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation, and are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. Existing law provides that no person in the state shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Existing law, the California Fair Employment and Housing Act (FEHA), provides that the opportunity to seek, obtain, and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation is recognized to be a civil right, and makes it unlawful for an employer to discriminate against those persons with regard to certain employment practices. Under FEHA, existing law makes it unlawful for the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person. Under FEHA, existing law imposes duties upon county counsels and county recorders with regard to unlawfully restrictive covenants and Restrictive Covenant Modifications, as specified.

This bill would enact the Homeless Person’s Bill of Rights and Fairness Act, which would provide that no person’s rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, while seeking or maintaining housing or shelter, and while seeking services. The bill would provide that every person has the right to access public property, possess personal property, access public restrooms, clean water, affordable housing, educational supplies, as specified, emergency and nonemergency health care, confidentiality of medical records, assistance of legal counsel in specified proceedings, and restitution, under specified circumstances. The bill would provide civil and criminal immunity, and immunity from employer retaliation, to a public employee who provides assistance to a homeless person. The bill would require local law enforcement agencies to make specified information available to the public and report to the Attorney General on an annual basis with regard to enforcement of local ordinances against homeless persons and compliance with the act, as specified, thereby imposing a state-mandated local program. The bill would provide for judicial relief and impose civil penalties for a violation of the act.

The bill would further prohibit discrimination under the above-described existing law provisions on the basis of “housing status,” would define that term to include homelessness, and would make conforming changes to related provisions, including changes related to the filing of Restrictive Covenant Modifications, as specified. Because those conforming changes would add to the duties of county counsels and county recorders, the bill would impose a state-mandated local program. Further, by expanding the bases upon which discrimination is prohibited under those provisions, the bill would also extend the application of those provisions to other antidiscrimination provisions that incorporate the enumerated provisions by reference. For instance, existing law prohibits the provision of emergency services and care in a health facility from being based upon, or affected by, among other things, characteristics enumerated under the Unruh Civil Rights Act. A violation of that provision is a crime. By expanding the bases upon which a health facility may not discriminate in the provision of emergency services, the bill would expand the definition of a crime, thereby imposing a state-mandated local program.

This bill would provide that its provisions address a matter of statewide concern. The bill would provide that its provisions are severable.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known and may be cited as the
“Homeless Person’s Bill of Rights and Fairness Act.”

SEC. 2.  

The Legislature finds and declares all of the following:

(a) In the State of California, there has been a long history of
discriminatory laws and ordinances that have disproportionately
affected people with low incomes and who are without homes,
including, but not limited to, all of the following:

(1) Jim Crow laws: After the Civil War, many states, especially
in the south, passed laws denying African Americans basic human
rights. In California, these laws also targeted Chinese immigrants.
In San Francisco, Chinese residents were forced to live in one area
of the city. The same segregation laws also prohibited interracial
marriage between Chinese and non-Chinese persons.

(2) Ugly laws: In 1867, San Francisco was the first city in the
country to pass a law making it illegal for people with “unsightly
or disgusting” disabilities to appear in public. In many cities, these
laws persisted until the 1970s.

(3) Anti-Okie laws: In 1937, California passed an Anti-Okie
law that criminalized “bringing or assisting in bringing” extremely
poor people into the state. The United States Supreme Court struck
down the law in 1941, when it declared that these laws are in
violation of the Commerce Clause, and therefore unconstitutional.

(4) Sundown towns: Town policies and real estate covenants
were aimed at preventing minorities and other persons considered
to be socially undesirable from remaining within city limits after
sunset. Thousands of these towns existed prior to the Civil Rights
Act of 1968, which made these ordinances and covenants illegal.

(5) Vagrancy laws: Vagrancy laws have been held to be
discriminatory on their face because they criminalize a person’s
status rather than a behavior. Nevertheless, these laws existed in
California until the Legislature revised them in 1961.

(b) “Quality of life” ordinances, “civil sidewalk” ordinances,
and similar initiatives are the modern reincarnations of laws
designed to force homeless people to flee local jurisdictions. These
local ordinances result in de facto segregation as homeless people
are forced out of specific jurisdictions or out of specific
neighborhoods within jurisdictions. These discriminatory policies
subject municipalities to an increased financial burden of caring
for the homeless who have migrated there from their chosen home
municipality in relief of the discriminatory legislation. These
practices tend to condemn large groups of inhabitants to dwell in
segregated districts or under depressed living conditions that result
in crowded, unsanitary, substandard, and unhealthful
accommodations. Furthermore, these policies result in
criminalization of homeless persons who choose not to migrate.

(c) Today, in the state many people are denied the following:

(1) Housing due to their status of being homeless, living in a
shelter, a vehicle, the street, or the public domain.

(2) Housing or shelter due to their status of being homeless and
also a person with a disability.

(3) Employment due to their current status of being homeless
or living in a shelter or a vehicle on the street.

(4) Housing and employment as a result of not having a fixed
or residential mailing address or having a post office box as a
mailing address.

(5) Equal protection of the laws and due process by law
enforcement and prosecuting agencies.

(6) The ability to make certain purchases or enter certain contests
as a result of not having a fixed or residential mailing address or
having a post office box as a mailing address.

(7) Access to safe, clean restrooms and hygienic supplies
necessary to maintain health, safety, and dignity.

(d) Homeless persons are unfairly targeted by law enforcement,
often resulting in the violation of the homeless persons’
constitutional rights. Lacking the resources necessary to obtain
adequate legal representation, homeless persons are often denied
relief or damages through the courts.

(e) Homeless persons are often provided accommodations and
shelter by private or public service providers that jeopardize their
health and physical and mental safety.

(f) Homeless persons are often forced to separate from loved
ones, give up their personal property, abandon pets, and make
other inhumane choices in order to access even minimal shelter.

(g) Children in homeless families are denied the ability to
continue receiving education in their preferred school if their
family’s shelter lies outside the boundaries of their former district.

(h) At the present time, many persons have been rendered
homeless as a result of a deep and prolonged economic recession,
a severe shortage of safe and affordable housing, and a shrinking
social safety net.

(i) Section 1 of Article I of the California Constitution provides
that
“[a]ll people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life
and liberty, acquiring, possessing, and protecting property, and
pursuing and obtaining safety, happiness, and privacy.”

(j) All laws, therefore, should be enacted for the good of the
whole.

(k) Subdivision (a) of Section 7 of Article I of the California
Constitution provides, in part, that “[a] person may not be deprived
of life, liberty, or property without due process of law or denied
equal protection of the laws... .”

(l) Concordant with this fundamental belief, a person should
not be subject to discrimination based on his or her housing status,
income level, or mental or physical disability. Therefore, it is the
intent of the Legislature in enacting this act to ameliorate the
adverse effects visited upon individuals and our communities when
the residents of this state are homeless.

SEC. 3.  

Section 51 of the Civil Code is amended to read:

51.  

(a) This section shall be known, and may be cited, as the
Unruh Civil Rights Act.

(b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion, ancestry,
national origin, disability, medical condition, genetic information,
marital status, begin delete or end delete sexual orientation begin insert , or housing status, end insert are entitled
to the full and equal accommodations, advantages, facilities,
privileges, or services in all business establishments of every kind
whatsoever.

(c) This section shall not be construed to confer any right or
privilege on a person that is conditioned or limited by law or that
is applicable alike to persons of every sex, color, race, religion,
ancestry, national origin, disability, medical condition, marital
status, begin delete or end delete sexual orientation begin insert , or housing status, end insert or to persons
regardless of their genetic information.

(d) Nothing in this section shall be construed to require any
construction, alteration, repair, structural or otherwise, or
modification of any sort whatsoever, beyond that construction,
alteration, repair, or modification that is otherwise required by
other provisions of law, to any new or existing establishment,
facility, building, improvement, or any other structure, nor shall
anything in this section be construed to augment, restrict, or alter
in any way the authority of the State Architect to require
construction, alteration, repair, or modifications that the State
Architect otherwise possesses pursuant to other laws.

(e) For purposes of this section:

(1) “Disability” means any mental or physical disability as
defined in Sections 12926 and 12926.1 of the Government Code.

(2) (A) “Genetic information” means, with respect to any
individual, information about any of the following:

(i) The individual’s genetic tests.

(ii) The genetic tests of family members of the individual.

(iii) The manifestation of a disease or disorder in family
members of the individual.

(B) “Genetic information” includes any request for, or receipt
of, genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member
of the individual.

(C) “Genetic information” does not include information about
the sex or age of any individual.

begin insert

(3) “Housing status” means the status of having or not having
a fixed or regular residence, including the status of living on the
streets, in a vehicle, or in a homeless shelter, or similar temporary
residence or elsewhere in the public domain.

end insert begin delete

(3) 

end delete

begin insert (4) end insert begin insert   end insert “Medical condition” has the same meaning as defined in
subdivision begin delete (h) end delete begin insert (j) end insert of Section 12926 of the Government Code.

begin delete

(4) 

end delete

begin insert (5) end insert begin insert   end insert “Religion” includes all aspects of religious belief,
observance, and practice.

begin delete

(5) 

end delete

begin insert (6) end insert begin insert   end insert “Sex” includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth. “Sex”
also includes, but is not limited to, a person’s gender. “Gender”
means sex, and includes a person’s gender identity and gender
expression. “Gender expression” means a person’s gender-related
appearance and behavior whether or not stereotypically associated
with the person’s assigned sex at birth.

begin delete

(6) 

end delete

begin insert (7) end insert begin insert   end insert “Sex, race, color, religion, ancestry, national origin,
disability, medical condition, genetic information, marital status,
begin delete or end delete sexual orientation begin insert , or housing status end insert ” includes a perception that
the person has any particular characteristic or characteristics within
the listed categories or that the person is associated with a person
who has, or is perceived to have, any particular characteristic or
characteristics within the listed categories.

begin delete

(7) 

end delete

begin insert (8) end insert begin insert   end insert “Sexual orientation” has the same meaning as defined in
subdivision begin delete (r) end delete begin insert (s) end insert of Section 12926 of the Government Code.

(f) A violation of the right of any individual under the federal
Americans with Disabilities Act of 1990 (P.L. 101-336) shall also
constitute a violation of this section.

SEC. 4.  

Part 2.2 (commencing with Section 53.1) is added to
Division 1 of the Civil Code, to read:

 

PART 2.2.  Homeless Persons

 

53.1.  

For purposes of this part, the following definitions shall
apply:

(a) “Access” means a service that is offered in a sufficient
quantity to meet the population’s needs, without barriers, including
geographical barriers, such as making locations inconvenient or
creating screen-out barriers, or prohibiting access due to a person’s
inability to provide identification or criminal justice history or
disability, such that persons are reasonably able to reach and use
that service.

(b) “BID” means a business improvement district.

(c) “BID agent” means any person hired by a business
improvement district or any other public-private partnership similar
to a business improvement district.

(d) “Damages” means, but is not limited to, losses.

(e) “Harassment” means any behavior committed by law
enforcement, public or private security personnel, a BID agent,
property manager, or business owner, which is meant to intimidate
or otherwise persuade an individual to alter his or her behavior,
whether or not otherwise lawful.

(f) “Homeless” means those individuals or families who lack a
fixed, regular, and adequate nighttime residence and who have a
primary nighttime residence in a shelter, on the street, in a vehicle,
in an enclosure or structure that is not authorized or fit for human
habitation, substandard apartments, dwellings, doubled up
temporarily with friends or families, or staying in transitional
housing programs. “Homeless” means any person staying in a
residential hotel without tenancy rights, and families with children
staying in a residential hotel whether or not they have tenancy
rights.

(g) “Housing status” means the status of having or not having
a fixed or regular residence, including the status of living on the
streets, in a vehicle, or in a homeless shelter, or similar temporary
residence or elsewhere in the public domain.

(h) “Lack of permanent mailing address” means the absence of
an address fixed to a permanent home, and may include, but is not
limited to, post office boxes, addresses of friends or family
members, and shelter addresses.

(i) “Lawful representative” means any person who has been
asked to advocate on behalf of a victim or any class that a victim
identifies with, including, but not limited to, a homeless victim’s
retained attorney, a nonprofit organization that advocates on behalf
of homeless victims, or a prosecuting attorney upon the request of
a homeless victim.

(j) “Losses” means, but is not limited to, any deprivation of
constitutionally held rights as well as the loss of property or
physical and mental wellbeing.

(k) “Public space” means any space that is predominantly within
the public domain or that is held open to the public, including, but
not limited to, plazas, courtyards, parking lots, sidewalks, public
transportation, public buildings and parks, and may also refer to
those places that receive additional services through business
improvement districts or other, similar public-private partnerships.

(l) “Rest” means the state of not moving, holding certain
postures that include, but are not limited to, sitting, standing,
leaning, kneeling, squatting, sleeping, or lying.

(m) “Soliciting donations” means asking for money, which
includes panhandling.

53.2.  

No person’s rights, privileges, or access to public services
may be denied or abridged because he or she is homeless, has a
low income, or suffers from a mental illness or physical disability.
Such a person shall be granted the same rights and privileges as
any other resident of this state. Every person in the state, regardless
of actual or perceived housing status, income level, mental illness,
or physical disability, shall be free from all of the following:

(a) Any type of discriminatory treatment by law enforcement,
public or private security personnel, business owners, property
managers, or BID agents, including, but not limited to, harassment,
intimidation, or selective enforcement.

(b) Discrimination while seeking or maintaining employment
due to his or her condition of being homeless, lack of permanent
mailing address, or his or her current income level.

(c) Abuse, both verbal and physical, discrimination, or
harassment in the workplace.

(d) Discrimination while seeking or maintaining housing or
shelter.

(e) Unreasonable searches or seizures of his or her personal
property, including property stored in vehicles, tents, grocery carts,
bags, or any other carrying or storage device, if the intervention
of law enforcement is based upon the actual or perceived housing
status, income level, mental illness, or physical disability of the
person in possession of the property.

(f) Discrimination while seeking services, including, but not
limited to, public benefits, medical care, or help from the police.

(g) Discrimination in completing all steps necessary to vote,
including obtaining documentation necessary for obtaining
identification or otherwise needed for registering or voting.

(h) Discrimination when purchasing goods or services or
entering contests from any business operating in the state,
including, but not limited to, banks, schools, government offices,
and medical facilities.

53.3.  

Every person in the state, regardless of actual or perceived
housing status, income level, mental illness, or physical disability,
shall have the right to all of the following basic human rights and
legal and civil protections:

(a) The right to use and move freely in public spaces, including,
but not limited to, plazas, parking lots, public sidewalks, public
parks, public transportation, public streets, and public buildings,
in the same manner as any other person, and without
discrimination.

(b) The right to rest in public spaces without being subject to
criminal or civil sanctions, harassment, or arrest by law
enforcement, public or private security personnel, or BID agents,
as long as such rest does not maliciously or substantially obstruct
a passageway.

(c) The right to own and possess personal property in public
spaces without being subject to criminal or civil sanctions,
harassment, or arrest by law enforcement, public or private security
personnel, or BID agents, as long as that personal property does
not maliciously or substantially obstruct a passageway.

(d) The right to share, accept, or give food in public spaces
without being subject to criminal or civil sanctions, harassment,
or arrest by law enforcement, public or private security personnel,
or BID agents.

(e) The right to the same protections that law enforcement
agencies afford to all other citizens, including, but not limited to,
the right to reasonable protection from domestic violence, sexual
assault, hate crimes, or robberies.

(f) The right to engage in life sustaining activities that must be
carried out in public spaces because of homelessness, including,
but not limited to, eating, congregating, possessing and storing
personal property, urinating, or collecting and possessing goods
for recycling, even if those goods contain alcoholic residue, without
being subject to criminal or civil sanctions, harassment, or arrest
by law enforcement, public or private security personnel, or BID
agents.

(g) The right to pray, meditate, or practice religion in public
spaces, without being subject to criminal or civil sanctions,
harassment, or arrest by law enforcement, public or private security
personnel, or BID agents.

(h) The right to 24 hours a day, seven days a week access to
clean and safe public restrooms.

(i) The right to 24 hours a day, seven days a week access to
hygienic provisions, either through government-funded distribution
of hygienic-kits or the availability of clean and safe public shower
facilities.

(j) The right to access clean, fresh water normally available to
the general public for washing hands or bathing.

(k) The right to access income sufficient for survival, regardless
of employment status or criminal justice background, including,
but not limited to, the right to receive funds through public welfare
programs, private donations, collecting recyclable goods, or
soliciting donations in public spaces.

(l) The right to safe, decent, permanent, affordable housing, as
soon as possible, and the right to be free from further dislocation,
unless and until such time as safe, decent, permanent, affordable
housing is available.

(m) The right to 24 hours a day, seven days a week access to
clean and safe facilities with clearly identifiable staff able to react
to safety concerns, including, but not limited to, shelters and
drop-in centers that meet basic health, hygiene, and dignity needs,
including any special needs of lesbian, gay, bisexual, or transgender
individuals, youths, families, or those with mental illness or
physical disabilities.

(n) The right to make his or her own decisions regarding whether
or not to enter into a public or private shelter or any other
accommodation, including social services programs, for any reason
he or she sees fit, without facing criminal or civil sanctions,
harassment, or arrest from law enforcement, public or private
security personnel, or BID agents.

(o) The right to occupy vehicles, either to rest or use for the
purposes of shelter, for 24 hours a day, seven days a week while
legally parked on public property without facing criminal or civil
sanctions, harassment, or arrest from law enforcement, public or
private security personnel, or BID agents.

(p) If a child or youth, the right to state and federal enforcement
of the educational protections under the federal McKinney-Vento
Act (42 U.S.C. Sec. 11432), particularly with regard to Sections
11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II) of Title 42 of the
United States Code, which provide that a school shall provide
assistance to the parent or guardian of each homeless child or youth
(or, in the case of an unaccompanied youth, the youth) to exercise
the right to attend the parent’s or guardian’s (or youth’s) choice
of school, and a school shall coordinate with the local educational
agency with jurisdiction for the school selected by the parent or
guardian (or youth), to provide transportation and other necessary
services.

(q) If a child or youth, the right to be provided, by his or her
school, with the supplies necessary to promote academic success,
including, but not limited to, backpacks, textbooks, notebooks,
pencils, pens, and appropriate academic technology.

(r) The right to access medical facilities and health care, both
emergency and nonemergency health care, that provide quality
care for both physical and mental needs.

(s) The right to be protected from disclosure of his or her records
and information within homeless shelters, medical centers, schools,
or any other service provider to law enforcement agencies without
appropriate legal authority, and the right to confidentiality of
personal records and information in accordance with all limitations
on disclosure established by the federal Homeless Management
Information Systems, the federal Health Insurance Portability and
Accountability Act of 1996 (P.L. 104-191), and the federal
Violence Against Women Act (P.L. 103-322).

(t) The right to confidentiality of personal records regarding
housing status, income level, mental illness, or physical disability,
and to protection from disclosure of such information and records
to landlords and employers.

(u) The right to assistance of counsel in any judicial proceeding
subject to Section 40508 of the Vehicle Code, Section 853.6, 853.7,
or 853.8 of the Penal Code, or any similar provision of law
authorizing arrest for failure to appear or pay bail of the amount
listed on the notice to appear.

(v) The right to assistance of counsel in any civil or criminal
proceeding that may result in commitment to a public health
institution.

(w) The right to restitution for loss of property or personal
effects and belongings if the property or personal effects are
unlawfully confiscated, removed, damaged, or destroyed by law
enforcement, public or private security personnel, or BID agents.

53.4.  

(a) A public employee shall be immune from civil or
criminal liability, and shall not be retaliated against by his or her
employer, for offering public resources to a homeless person in
order to protect that person from harm, including, but not limited
to, for offering or providing food, blankets, first-aid supplies, or
water.

(b) Any person or organization offering food in public spaces
to any person pursuant to this part shall not be subject to criminal
or civil sanctions, arrest, or harassment by law enforcement, public
or private security personnel, or BID agents.

(c) Any person or organization offering religious teachings or
services in public spaces to any person pursuant to this part shall
not be subject to criminal or civil sanctions, arrest, or harassment
by law enforcement, public or private security personnel, or BID
agents.

53.5.  

To monitor the enforcement of local ordinances or the
imposition of infractions against persons that are homeless, have
low income, or suffer from mental illness or physical disability,
and to ensure that the provisions of this part are adequately adhered
to by law enforcement, every local law enforcement agency shall
compile and make publicly available information regarding the
number of citations, arrests, and other enforcement activities made
by the local law enforcement agency by ordinance or infraction,
as well as the housing status of those being cited, arrested, or
otherwise subject to enforcement. The local law enforcement
agency shall report this information to the Attorney General on an
annual basis.

53.6.  

(a) Any person whose rights have been violated under
this part may enforce those rights and he or she, or his or her lawful
representative, may file a motion for relief in any trial or appellate
court with jurisdiction over the case as a matter of right. The court
shall act promptly on any motion for relief under this part.

(b) Any civil action alleging a violation of this part may be
brought against any person, entity, public entity, or public
employee. The court may award punitive damages, if applicable,
appropriate injunctive and declaratory relief, actual damages,
compensatory damages, general damages, special damages,
exemplary damages, statutory damages of one thousand dollars
($1,000) per violation, if applicable, and reasonable attorneys’ fees
and costs to a prevailing plaintiff.

SEC. 5.  

Section 54 of the Civil Code is amended to read:

54.  

(a) Individuals with disabilities or medical conditions have
the same right as the general public to the full and free use of the
streets, highways, sidewalks, walkways, public buildings, medical
facilities, including hospitals, clinics, and physicians’ offices,
public facilities, and other public places.

(b) For purposes of this section:

(1) “Disability” means any mental or physical disability as
defined in Section 12926 of the Government Code.

(2) “Medical condition” has the same meaning as defined in
subdivision begin delete (h) end delete begin insert (j) end insert of Section 12926 of the Government Code.

(c) A violation of the right of an individual under the Americans
with Disabilities Act of 1990 (Public Law 101-336) also constitutes
a violation of this section.

SEC. 6.  

Section 32228 of the Education Code is amended to
read:

32228.  

(a) It is the intent of the Legislature that public schools
serving pupils in any of grades 8 to 12, inclusive, have access to
supplemental resources to establish programs and strategies that
promote school safety and emphasize violence prevention among
children and youth in public schools.

(b) It is also the intent of the Legislature that public schools
have access to supplemental resources to combat bias on the basis
of race, color, religion, ancestry, national origin, disability, gender,
gender identity, gender expression, or sexual orientation, as defined
in subdivision begin delete (r) end delete begin insert (s) end insert of Section 12926 of the Government Code,
and to prevent and respond to acts of hate violence and bias-related
incidents.

(c) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:

(1) Teach pupils techniques for resolving conflicts without
violence.

(2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.

(3) Reduce incidents of violence at the schoolsite with an
emphasis on prevention and early detection.

(4) Provide age-appropriate instruction in domestic violence
prevention, dating violence prevention, and interpersonal violence
prevention.

SEC. 7.  

Section 354.5 of the Elections Code is amended to
read:

354.5.  

(a) “Signature” includes either of the following:

(1) A person’s mark if the name of the person affixing the mark
is written near the mark by a witness over 18 years of age
designated by the person and the designee subscribes his or her
own name as a witness thereto. For purposes of this paragraph, a
signature stamp may be used as a mark, provided that the
authorized user complies with the provisions of this paragraph.

(2) An impression made by the use of a signature stamp pursuant
to the requirements specified in subdivision (c).

(b) A mark attested as provided in paragraph (1) of subdivision
(a), or an impression made by a signature stamp as provided in
paragraph (2) of subdivision (a), may serve as a signature for any
purpose specified in this code, including a sworn statement.

(c) An authorized user of a signature stamp may use it to affix
a signature to a document or writing any time that a signature is
required by this code, provided that all of the following conditions,
as applicable, are met:

(1) A signature stamp used to obtain a ballot or vote by mail
ballot in any local, state, or federal election shall be used only by
the authorized user of that signature stamp.

(2) A signature stamp shall be affixed by the authorized user in
the presence of the Secretary of State, his or her designee, the local
elections official, or his or her designee, to obtain a ballot, in any
local, state, or federal election unless the authorized user of the
signature stamp votes by vote by mail ballot. If the owner of a
signature stamp votes by vote by mail ballot, he or she shall affix
the signature stamp on the identification envelope in accordance
with Section 3019.

(d) A signature affixed with a signature stamp by an authorized
user in accordance with this section shall be treated in the same
manner as a signature made in writing.

(e) A registered voter or any person who is eligible to vote, who
qualifies as an authorized user pursuant to paragraph (1) of
subdivision (g), may use a signature stamp only after he or she
first submits his or her affidavit of registration or a new affidavit
of registration, whichever is applicable, in the presence of a county
elections official, using the signature stamp to sign the affidavit.

(f) The Secretary of State shall report to the Legislature not later
than January 1, 2009, regarding the use of signature stamps during
the 2008 elections.

(g) The following definitions apply for purposes of this section:

(1) “Authorized user” means either of the following:

(A) A person with a disability who, by reason of that disability,
is unable to write and who owns a signature stamp.

(B) A person using the signature stamp on behalf of the owner
of the stamp with the owner’s express consent and in the presence
of the owner.

(2) “Disability” means a medical condition, mental disability,
or physical disability, as those terms are defined in subdivisions
begin delete (i) end delete begin insert (j) end insert , begin delete (j) end delete begin insert (k) end insert , and begin delete (l) end delete begin insert (m) end insert of Section 12926 of the Government
Code.

(3) “Signature stamp” means a stamp that contains the
impression of any of the following:

(A) The actual signature of a person with a disability.

(B) A mark or symbol that is adopted by the person with the
disability.

(C) A signature of the name of a person with a disability that is
made by another person and is adopted by the person with the
disability.

SEC. 8.  

Section 11135 of the Government Code is amended
to read:

11135.  

(a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification, religion,
age, sex, sexual orientation, color, genetic information, begin delete or end delete
disability, begin insert or housing status, end insert be unlawfully denied full and equal
access to the benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state. Notwithstanding Section 11000, this section applies
to the California State University.

(b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132),
and the federal rules and regulations adopted in implementation
thereof, except that if the laws of this state prescribe stronger
protections and prohibitions, the programs and activities subject
to subdivision (a) shall be subject to the stronger protections and
prohibitions.

(c) (1) As used in this section, “disability” means any mental
or physical disability, as defined in Section 12926.

(2) The Legislature finds and declares that the amendments
made to this act are declarative of existing law. The Legislature
further finds and declares that in enacting Senate Bill 105 of the
2001-02 Regular Session (Chapter 1102 of the Statutes of 2002),
it was the intention of the Legislature to apply subdivision (d) to
the California State University in the same manner that
subdivisions (a), (b), and (c) already applied to the California State
University, notwithstanding Section 11000. In clarifying that the
California State University is subject to paragraph (2) of
subdivision (d), it is not the intention of the Legislature to increase
the cost of developing or procuring electronic and information
technology. The California State University shall, however, in
determining the cost of developing or procuring electronic or
information technology, consider whether technology that meets
the standards applicable pursuant to paragraph (2) of subdivision
(d) will reduce the long-term cost incurred by the California State
University in providing access or accommodations to future users
of this technology who are persons with disabilities, as required
by existing law, including this section, Title II of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
and following), and Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. Sec. 794).

(d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.

(2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the federal Rehabilitation Act of 1973, as amended
(29 U.S.C. Sec. 794d), and regulations implementing that act as
set forth in Part 1194 of Title 36 of the Federal Code of
Regulations.

(3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of
its products or services that is brought to the attention of the entity.

(e) As used in this section, “sex” and “sexual orientation” have
the same meanings as those terms are defined in subdivisions begin delete (q) end delete
begin insert (r) end insert and begin delete (r) end delete begin insert (s) end insert of Section 12926.

(f) As used in this section, “race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability” includes a perception that a person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.

(g) As used in this section, “genetic information” has the same
definition as in paragraph (2) of subdivision (e) of Section 51 of
the Civil Code.

begin insert

(h) As used in this section, “housing status” means the status
of having or not having a fixed or regular residence, including the
status of living on the streets, in a vehicle, or in a homeless shelter,
or similar temporary residence or elsewhere in the public domain.

end insert

SEC. 9.  

Section 12920 of the Government Code is amended
to read:

12920.  

It is hereby declared as the public policy of this state
that it is necessary to protect and safeguard the right and
opportunity of all persons to seek, obtain, and hold employment
without discrimination or abridgment on account of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, begin delete or end delete sexual
orientation begin insert , or housing status end insert .

It is recognized that the practice of denying employment
opportunity and discriminating in the terms of employment for
these reasons foments domestic strife and unrest, deprives the state
of the fullest utilization of its capacities for development and
advancement, and substantially and adversely affects the interests
of employees, employers, and the public in general.

Further, the practice of discrimination because of race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, marital status, national origin, ancestry, familial status,
source of income, disability, begin delete or end delete genetic information begin insert , or housing end insert
begin insert status end insert in housing accommodations is declared to be against public
policy.

It is the purpose of this part to provide effective remedies that
will eliminate these discriminatory practices.

This part shall be deemed an exercise of the police power of the
state for the protection of the welfare, health, and peace of the
people of this state.

SEC. 10.  

Section 12921 of the Government Code is amended
to read:

12921.  

(a) The opportunity to seek, obtain, and hold
employment without discrimination because of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, begin delete or end delete sexual
orientation begin insert , or housing status end insert is hereby recognized as and declared
to be a civil right.

(b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, source of income,
disability, genetic information, begin insert housing status, end insert or any other basis
prohibited by Section 51 of the Civil Code is hereby recognized
as and declared to be a civil right.

SEC. 11.  

Section 12926 of the Government Code is amended
to read:

12926.  

As used in this part in connection with unlawful
practices, unless a different meaning clearly appears from the
context:

(a) “Affirmative relief” or “prospective relief” includes the
authority to order reinstatement of an employee, awards of backpay,
reimbursement of out-of-pocket expenses, hiring, transfers,
reassignments, grants of tenure, promotions, cease and desist
orders, posting of notices, training of personnel, testing, expunging
of records, reporting of records, and any other similar relief that
is intended to correct unlawful practices under this part.

(b) “Age” refers to the chronological age of any individual who
has reached his or her 40th birthday.

(c) “Employee” does not include any individual employed by
his or her parents, spouse, or child, or any individual employed
under a special license in a nonprofit sheltered workshop or
rehabilitation facility.

(d) “Employer” includes any person regularly employing five
or more persons, or any person acting as an agent of an employer,
directly or indirectly, the state or any political or civil subdivision
of the state, and cities, except as follows:

“Employer” does not include a religious association or
corporation not organized for private profit.

(e) “Employment agency” includes any person undertaking for
compensation to procure employees or opportunities to work.

(f) “Essential functions” means the fundamental job duties of
the employment position the individual with a disability holds or
desires. “Essential functions” does not include the marginal
functions of the position.

(1) A job function may be considered essential for any of several
reasons, including, but not limited to, any one or more of the
following:

(A) The function may be essential because the reason the
position exists is to perform that function.

(B) The function may be essential because of the limited number
of employees available among whom the performance of that job
function can be distributed.

(C) The function may be highly specialized, so that the
incumbent in the position is hired for his or her expertise or ability
to perform the particular function.

(2) Evidence of whether a particular function is essential
includes, but is not limited to, the following:

(A) The employer’s judgment as to which functions are essential.

(B) Written job descriptions prepared before advertising or
interviewing applicants for the job.

(C) The amount of time spent on the job performing the function.

(D) The consequences of not requiring the incumbent to perform
the function.

(E) The terms of a collective bargaining agreement.

(F) The work experiences of past incumbents in the job.

(G) The current work experience of incumbents in similar jobs.

(g) (1) “Genetic information” means, with respect to any
individual, information about any of the following:

(A) The individual’s genetic tests.

(B) The genetic tests of family members of the individual.

(C) The manifestation of a disease or disorder in family members
of the individual.

(2) “Genetic information” includes any request for, or receipt
of, genetic services, or participation in clinical research that
includes genetic services, by an individual or any family member
of the individual.

(3) “Genetic information” does not include information about
the sex or age of any individual.

begin insert

(h) “Housing status” means the status of having or not having
a fixed or regular residence, including the status of living on the
streets, in a vehicle, or in a homeless shelter, or similar temporary
residence or elsewhere in the public domain.

end insert begin delete

(h)

end delete

begin insert (i) end insert  “Labor organization” includes any organization that exists
and is constituted for the purpose, in whole or in part, of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or of other mutual aid or
protection.

begin delete

(i)

end delete

begin insert (j) end insert  “Medical condition” means either of the following:

(1) Any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer.

(2) Genetic characteristics. For purposes of this section, “genetic
characteristics” means either of the following:

(A) Any scientifically or medically identifiable gene or
chromosome, or combination or alteration thereof, that is known
to be a cause of a disease or disorder in a person or his or her
offspring, or that is determined to be associated with a statistically
increased risk of development of a disease or disorder, and that is
presently not associated with any symptoms of any disease or
disorder.

(B) Inherited characteristics that may derive from the individual
or family member, that are known to be a cause of a disease or
disorder in a person or his or her offspring, or that are determined
to be associated with a statistically increased risk of development
of a disease or disorder, and that are presently not associated with
any symptoms of any disease or disorder.

begin delete

(j)

end delete

begin insert (k) end insert  “Mental disability” includes, but is not limited to, all of the
following:

(1) Having any mental or psychological disorder or condition,
such as intellectual disability, organic brain syndrome, emotional
or mental illness, or specific learning disabilities, that limits a
major life activity. For purposes of this section:

(A) “Limits” shall be determined without regard to mitigating
measures, such as medications, assistive devices, or reasonable
accommodations, unless the mitigating measure itself limits a
major life activity.

(B) A mental or psychological disorder or condition limits a
major life activity if it makes the achievement of the major life
activity difficult.

(C) “Major life activities” shall be broadly construed and shall
include physical, mental, and social activities and working.

(2) Any other mental or psychological disorder or condition not
described in paragraph (1) that requires special education or related
services.

(3) Having a record or history of a mental or psychological
disorder or condition described in paragraph (1) or (2), which is
known to the employer or other entity covered by this part.

(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any mental condition
that makes achievement of a major life activity difficult.

(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a mental or
psychological disorder or condition that has no present disabling
effect, but that may become a mental disability as described in
paragraph (1) or (2).

“Mental disability” does not include sexual behavior disorders,
compulsive gambling, kleptomania, pyromania, or psychoactive
substance use disorders resulting from the current unlawful use of
controlled substances or other drugs.

begin delete

(k)

end delete

begin insert (l) end insert  “On the bases enumerated in this part” means or refers to
discrimination on the basis of one or more of the following: race,
religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital
status, sex, age, or sexual orientation.

begin delete

(l)

end delete

begin insert (m) end insert  “Physical disability” includes, but is not limited to, all of
the following:

(1) Having any physiological disease, disorder, condition,
cosmetic disfigurement, or anatomical loss that does both of the
following:

(A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense
organs, respiratory, including speech organs, cardiovascular,
reproductive, digestive, genitourinary, hemic and lymphatic, skin,
and endocrine.

(B) Limits a major life activity. For purposes of this section:

(i) “Limits” shall be determined without regard to mitigating
measures such as medications, assistive devices, prosthetics, or
reasonable accommodations, unless the mitigating measure itself
limits a major life activity.

(ii) A physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss limits a major life activity if it
makes the achievement of the major life activity difficult.

(iii) “Major life activities” shall be broadly construed and
includes physical, mental, and social activities and working.

(2) Any other health impairment not described in paragraph (1)
that requires special education or related services.

(3) Having a record or history of a disease, disorder, condition,
cosmetic disfigurement, anatomical loss, or health impairment
described in paragraph (1) or (2), which is known to the employer
or other entity covered by this part.

(4) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, any physical
condition that makes achievement of a major life activity difficult.

(5) Being regarded or treated by the employer or other entity
covered by this part as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment that has no present disabling effect but may become
a physical disability as described in paragraph (1) or (2).

(6) “Physical disability” does not include sexual behavior
disorders, compulsive gambling, kleptomania, pyromania, or
psychoactive substance use disorders resulting from the current
unlawful use of controlled substances or other drugs.

begin delete

(m)

end delete

begin insert (n) end insert  Notwithstanding subdivisions begin delete (j) end delete begin insert (k) end insert and begin delete (l) end delete begin insert (m) end insert , if the
definition of “disability” used in the federal Americans with
Disabilities Act of 1990 (P.L. 101-336) would result in broader
protection of the civil rights of individuals with a mental disability
or physical disability, as defined in subdivision begin delete (j) end delete begin insert (k) end insert or begin delete (l) end delete begin insert (m) end insert ,
or would include any medical condition not included within those
definitions, then that broader protection or coverage shall be
deemed incorporated by reference into, and shall prevail over
conflicting provisions of, the definitions in subdivisions begin delete (j) end delete begin insert (k) end insert and
begin delete (l) end delete begin insert (m) end insert .

begin delete

(n)

end delete

begin insert (o end insert begin insert ) end insert  “Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, age, begin delete or end delete sexual begin delete orientation” end delete
begin insert orientation, or housing status end insert begin insert ” end insert includes a perception that the person
has any of those characteristics or that the person is associated
with a person who has, or is perceived to have, any of those
characteristics.

begin delete

(o)

end delete

begin insert (p) end insert  “Reasonable accommodation” may include either of the
following:

(1) Making existing facilities used by employees readily
accessible to, and usable by, individuals with disabilities.

(2) Job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, adjustment or modifications of examinations,
training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations for individuals
with disabilities.

begin delete

(p)

end delete

begin insert (q) end insert  “Religious creed,” “religion,” “religious observance,”
“religious belief,” and “creed” include all aspects of religious
belief, observance, and practice, including religious dress and
grooming practices. “Religious dress practice” shall be construed
broadly to include the wearing or carrying of religious clothing,
head or face coverings, jewelry, artifacts, and any other item that
is part of the observance by an individual of his or her religious
creed. “Religious grooming practice” shall be construed broadly
to include all forms of head, facial, and body hair that are part of
the observance by an individual of his or her religious creed.

begin delete

(q)

end delete

begin insert (r) end insert  (1) “Sex” includes, but is not limited to, the following:

(A) Pregnancy or medical conditions related to pregnancy.

(B) Childbirth or medical conditions related to childbirth.

(C) Breastfeeding or medical conditions related to breastfeeding.

(2) “Sex” also includes, but is not limited to, a person’s gender.
“Gender” means sex, and includes a person’s gender identity and
gender expression. “Gender expression” means a person’s
gender-related appearance and behavior whether or not
stereotypically associated with the person’s assigned sex at birth.

begin delete

(r)

end delete

begin insert (s end insert begin insert ) end insert  “Sexual orientation” means heterosexuality, homosexuality,
and bisexuality.

begin delete

(s)

end delete

begin insert (t) end insert  “Supervisor” means any individual having the authority, in
the interest of the employer, to hire, transfer, suspend, layoff, recall,
promote, discharge, assign, reward, or discipline other employees,
or the responsibility to direct them, or to adjust their grievances,
or effectively to recommend that action, if, in connection with the
foregoing, the exercise of that authority is not of a merely routine
or clerical nature, but requires the use of independent judgment.

begin delete

(t)

end delete

begin insert (u) end insert  “Undue hardship” means an action requiring significant
difficulty or expense, when considered in light of the following
factors:

(1) The nature and cost of the accommodation needed.

(2) The overall financial resources of the facilities involved in
the provision of the reasonable accommodations, the number of
persons employed at the facility, and the effect on expenses and
resources or the impact otherwise of these accommodations upon
the operation of the facility.

(3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of its
facilities.

(4) The type of operations, including the composition, structure,
and functions of the workforce of the entity.

(5) The geographic separateness, administrative, or fiscal
relationship of the facility or facilities.

SEC. 12.  

Section 12926.1 of the Government Code is amended
to read:

12926.1.  

The Legislature finds and declares as follows:

(a) The law of this state in the area of disabilities provides
protections independent from those in the federal Americans with
Disabilities Act of 1990 (P.L. 101-336). Although the federal act
provides a floor of protection, this state’s law has always, even
prior to passage of the federal act, afforded additional protections.

(b) The law of this state contains broad definitions of physical
disability, mental disability, and medical condition. It is the intent
of the Legislature that the definitions of physical disability and
mental disability be construed so that applicants and employees
are protected from discrimination due to an actual or perceived
physical or mental impairment that is disabling, potentially
disabling, or perceived as disabling or potentially disabling.

(c) Physical and mental disabilities include, but are not limited
to, chronic or episodic conditions such as HIV/AIDS, hepatitis,
epilepsy, seizure disorder, diabetes, clinical depression, bipolar
disorder, multiple sclerosis, and heart disease. In addition, the
Legislature has determined that the definitions of “physical
disability” and “mental disability” under the law of this state
require a “limitation” upon a major life activity, but do not require,
as does the federal Americans with Disabilities Act of 1990, a
“substantial limitation.” This distinction is intended to result in
broader coverage under the law of this state than under that federal
act. Under the law of this state, whether a condition limits a major
life activity shall be determined without respect to any mitigating
measures, unless the mitigating measure itself limits a major life
activity, regardless of federal law under the Americans with
Disabilities Act of 1990. Further, under the law of this state,
“working” is a major life activity, regardless of whether the actual
or perceived working limitation implicates a particular employment
or a class or broad range of employments.

(d) Notwithstanding any interpretation of law in Cassista v.
Community Foods (1993) 5 Cal.4th 1050, the Legislature intends
(1) for state law to be independent of the federal Americans with
Disabilities Act of 1990, (2) to require a “limitation” rather than
a “substantial limitation” of a major life activity, and (3) by
enacting paragraph (4) of subdivision begin delete (j) end delete begin insert (k) end insert and paragraph (4) of
subdivision begin delete (l) end delete begin insert (m) end insert of Section 12926, to provide protection when
an individual is erroneously or mistakenly believed to have any
physical or mental condition that limits a major life activity.

(e) The Legislature affirms the importance of the interactive
process between the applicant or employee and the employer in
determining a reasonable accommodation, as this requirement has
been articulated by the Equal Employment Opportunity
Commission in its interpretive guidance of the federal Americans
with Disabilities Act of 1990.

SEC. 13.  

Section 12930 of the Government Code is amended
to read:

12930.  

The department shall have the following functions,
powers, and duties:

(a) To establish and maintain a principal office and any other
offices within the state as are necessary to carry out the purposes
of this part.

(b) To meet and function at any place within the state.

(c) To appoint attorneys, investigators, conciliators, mediators,
and other employees as it may deem necessary, fix their
compensation within the limitations provided by law, and prescribe
their duties.

(d) To obtain upon request and utilize the services of all
governmental departments and agencies and, in addition, with
respect to housing discrimination, of conciliation councils.

(e) To adopt, promulgate, amend, and rescind suitable procedural
rules and regulations to carry out the investigation, prosecution,
and dispute resolution functions and duties of the department
pursuant to this part.

(f) (1) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging practices made unlawful pursuant to Chapter
6 (commencing with Section 12940).

(2) To receive, investigate, conciliate, mediate, and prosecute
complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1,
or 54.2 of the Civil Code. The remedies and procedures of this
part shall be independent of any other remedy or procedure that
might apply.

(g) In connection with any matter under investigation or in
question before the department pursuant to a complaint filed under
Section 12960, 12961, or 12980:

(1) To issue subpoenas to require the attendance and testimony
of witnesses and the production of books, records, documents, and
physical materials.

(2) To administer oaths, examine witnesses under oath and take
evidence, and take depositions and affidavits.

(3) To issue written interrogatories.

(4) To request the production for inspection and copying of
books, records, documents, and physical materials.

(5) To petition the superior courts to compel the appearance
and testimony of witnesses, the production of books, records,
documents, and physical materials, and the answering of
interrogatories.

(h) To bring civil actions pursuant to Section 12965 or 12981
and to prosecute those civil actions before state and federal trial
courts.

(i) To issue those publications and those results of investigations
and research as in its judgment will tend to promote good will and
minimize or eliminate discrimination in employment on the bases
enumerated in this part and discrimination in housing because of
race, religious creed, color, sex, gender, gender identity, gender
expression, marital status, national origin, ancestry, familial status,
disability, genetic information, begin delete or end delete sexual orientation begin insert , or housing end insert
begin insert status end insert .

(j) To investigate, approve, certify, decertify, monitor, and
enforce nondiscrimination programs proposed by a contractor to
be engaged in pursuant to Section 12990.

(k) To render annually to the Governor and to the Legislature
a written report of its activities and of its recommendations.

(l) To conduct mediations at any time after a complaint is filed
pursuant to Section 12960, 12961, or 12980. The department may
end mediation at any time.

(m) The following shall apply with respect to any accusation
pending before the former Fair Employment and Housing
Commission on or after January 1, 2013:

(1) If an accusation issued under former Section 12965 includes
a prayer either for damages for emotional injuries as a component
of actual damages, or for administrative fines, or both, or if an
accusation is amended for the purpose of adding a prayer either
for damages for emotional injuries as a component of actual
damages, or for administrative fines, or both, with the consent of
the party accused of engaging in unlawful practices, the department
may withdraw an accusation and bring a civil action in superior
court.

(2) If an accusation was issued under former Section 12981,
with the consent of the aggrieved party filing the complaint an
aggrieved person on whose behalf a complaint is filed, or the party
accused of engaging in unlawful practices, the department may
withdraw the accusation and bring a civil action in superior court.

(3) Where removal to court is not feasible, the department shall
retain the services of the Office of Administrative Hearings to
adjudicate the administrative action pursuant to Sections 11370.3
and 11502.

(n) On any Section 1094.5 Code of Civil Procedure challenge
to a decision of the former Fair Employment and Housing
Commission pending on or after January 1, 2013, the director or
his or her designee shall consult with the Attorney General
regarding the defense of that writ petition.

SEC. 14.  

Section 12931 of the Government Code is amended
to read:

12931.  

The department may also provide assistance to
communities and persons therein in resolving disputes,
disagreements, or difficulties relating to discriminatory practices
based on race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, familial status, age, begin delete or end delete sexual orientation begin insert , or housing end insert
begin insert status end insert that impair the rights of persons in those communities under
the Constitution or laws of the United States or of this state. The
services of the department may be made available in cases of these
disputes, disagreements, or difficulties only when, in its judgment,
peaceful relations among the citizens of the community involved
are threatened thereby. The department’s services are to be made
available only upon the request of an appropriate state or local
public body, or upon the request of any person directly affected
by any such dispute, disagreement, or difficulty.

The assistance of the department pursuant to this section shall
be limited to endeavors at investigation, conference, conciliation,
and persuasion.

SEC. 15.  

Section 12940 of the Government Code is amended
to read:

12940.  

It is an unlawful employment practice, unless based
upon a bona fide occupational qualification, or, except where based
upon applicable security regulations established by the United
States or the State of California:

(a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, begin delete or end delete sexual orientation begin insert , or end insert
begin insert housing status end insert of any person, to refuse to hire or employ the person
or to refuse to select the person for a training program leading to
employment, or to bar or to discharge the person from employment
or from a training program leading to employment, or to
discriminate against the person in compensation or in terms,
conditions, or privileges of employment.

(1) This part does not prohibit an employer from refusing to
hire or discharging an employee with a physical or mental
disability, or subject an employer to any legal liability resulting
from the refusal to employ or the discharge of an employee with
a physical or mental disability, where the employee, because of
his or her physical or mental disability, is unable to perform his
or her essential duties even with reasonable accommodations, or
cannot perform those duties in a manner that would not endanger
his or her health or safety or the health or safety of others even
with reasonable accommodations.

(2) This part does not prohibit an employer from refusing to
hire or discharging an employee who, because of the employee’s
medical condition, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those
duties in a manner that would not endanger the employee’s health
or safety or the health or safety of others even with reasonable
accommodations. Nothing in this part shall subject an employer
to any legal liability resulting from the refusal to employ or the
discharge of an employee who, because of the employee’s medical
condition, is unable to perform his or her essential duties, or cannot
perform those duties in a manner that would not endanger the
employee’s health or safety or the health or safety of others even
with reasonable accommodations.

(3) Nothing in this part relating to discrimination on account of
marital status shall do either of the following:

(A) Affect the right of an employer to reasonably regulate, for
reasons of supervision, safety, security, or morale, the working of
spouses in the same department, division, or facility, consistent
with the rules and regulations adopted by the commission.

(B) Prohibit bona fide health plans from providing additional
or greater benefits to employees with dependents than to those
employees without or with fewer dependents.

(4) Nothing in this part relating to discrimination on account of
sex shall affect the right of an employer to use veteran status as a
factor in employee selection or to give special consideration to
Vietnam-era veterans.

(5) (A) This part does not prohibit an employer from refusing
to employ an individual because of his or her age if the law
compels or provides for that refusal. Promotions within the existing
staff, hiring or promotion on the basis of experience and training,
rehiring on the basis of seniority and prior service with the
employer, or hiring under an established recruiting program from
high schools, colleges, universities, or trade schools do not, in and
of themselves, constitute unlawful employment practices.

(B) The provisions of this part relating to discrimination on the
basis of age do not prohibit an employer from providing health
benefits or health care reimbursement plans to retired persons that
are altered, reduced, or eliminated when the person becomes
eligible for Medicare health benefits. This subparagraph applies
to all retiree health benefit plans and contractual provisions or
practices concerning retiree health benefits and health care
reimbursement plans in effect on or after January 1, 2011.

(b) For a labor organization, because of the race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, begin delete or end delete sexual
orientation begin insert , or housing status end insert of any person, to exclude, expel, or
restrict from its membership the person, or to provide only
second-class or segregated membership or to discriminate against
any person because of the race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, begin delete or end delete sexual orientation begin insert , or housing end insert
begin insert status end insert of the person in the election of officers of the labor
organization or in the selection of the labor organization’s staff or
to discriminate in any way against any of its members or against
any employer or against any person employed by an employer.

(c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment
because of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, begin delete or end delete sexual orientation begin insert , or housing status end insert of the
person discriminated against.

(d) For any employer or employment agency to print or circulate
or cause to be printed or circulated any publication, or to make
any nonjob-related inquiry of an employee or applicant, either
verbal or through use of an application form, that expresses,
directly or indirectly, any limitation, specification, or discrimination
as to race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression,
age, begin delete or end delete sexual orientation, begin insert or housing status, end insert or any intent to make
any such limitation, specification, or discrimination. This part does
not prohibit an employer or employment agency from inquiring
into the age of an applicant, or from specifying age limitations,
where the law compels or provides for that action.

(e) (1) Except as provided in paragraph (2) or (3), for any
employer or employment agency to require any medical or
psychological examination of an applicant, to make any medical
or psychological inquiry of an applicant, to make any inquiry
whether an applicant has a mental disability or physical disability
or medical condition, or to make any inquiry regarding the nature
or severity of a physical disability, mental disability, or medical
condition.

(2) Notwithstanding paragraph (1), an employer or employment
agency may inquire into the ability of an applicant to perform
job-related functions and may respond to an applicant’s request
for reasonable accommodation.

(3) Notwithstanding paragraph (1), an employer or employment
agency may require a medical or psychological examination or
make a medical or psychological inquiry of a job applicant after
an employment offer has been made but prior to the
commencement of employment duties, provided that the
examination or inquiry is job related and consistent with business
necessity and that all entering employees in the same job
classification are subject to the same examination or inquiry.

(f) (1) Except as provided in paragraph (2), for any employer
or employment agency to require any medical or psychological
examination of an employee, to make any medical or psychological
inquiry of an employee, to make any inquiry whether an employee
has a mental disability, physical disability, or medical condition,
or to make any inquiry regarding the nature or severity of a physical
disability, mental disability, or medical condition.

(2) Notwithstanding paragraph (1), an employer or employment
agency may require any examinations or inquiries that it can show
to be job related and consistent with business necessity. An
employer or employment agency may conduct voluntary medical
examinations, including voluntary medical histories, which are
part of an employee health program available to employees at that
worksite.

(g) For any employer, labor organization, or employment agency
to harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities
or community care facilities.

(h) For any employer, labor organization, employment agency,
or person to discharge, expel, or otherwise discriminate against
any person because the person has opposed any practices forbidden
under this part or because the person has filed a complaint, testified,
or assisted in any proceeding under this part.

(i) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.

(j) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading
to employment, or any other person, because of race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, begin delete or end delete sexual
orientation, begin insert or housing status, end insert to harass an employee, an applicant,
or a person providing services pursuant to a contract. Harassment
of an employee, an applicant, or a person providing services
pursuant to a contract by an employee, other than an agent or
supervisor, shall be unlawful if the entity, or its agents or
supervisors, knows or should have known of this conduct and fails
to take immediate and appropriate corrective action. An employer
may also be responsible for the acts of nonemployees, with respect
to sexual harassment of employees, applicants, or persons providing
services pursuant to a contract in the workplace, where the
employer, or its agents or supervisors, knows or should have known
of the conduct and fails to take immediate and appropriate
corrective action. In reviewing cases involving the acts of
nonemployees, the extent of the employer’s control and any other
legal responsibility that the employer may have with respect to the
conduct of those nonemployees shall be considered. An entity shall
take all reasonable steps to prevent harassment from occurring.
Loss of tangible job benefits shall not be necessary in order to
establish harassment.

(2) The provisions of this subdivision are declaratory of existing
law, except for the new duties imposed on employers with regard
to harassment.

(3) An employee of an entity subject to this subdivision is
personally liable for any harassment prohibited by this section that
is perpetrated by the employee, regardless of whether the employer
or covered entity knows or should have known of the conduct and
fails to take immediate and appropriate corrective action.

(4) (A) For purposes of this subdivision only, “employer” means
any person regularly employing one or more persons or regularly
receiving the services of one or more persons providing services
pursuant to a contract, or any person acting as an agent of an
employer, directly or indirectly, the state, or any political or civil
subdivision of the state, and cities. The definition of “employer”
in subdivision (d) of Section 12926 applies to all provisions of this
section other than this subdivision.

(B) Notwithstanding subparagraph (A), for purposes of this
subdivision, “employer” does not include a religious association
or corporation not organized for private profit, except as provided
in Section 12926.2.

(C) For purposes of this subdivision, “harassment” because of
sex includes sexual harassment, gender harassment, and harassment
based on pregnancy, childbirth, or related medical conditions.

(5) For purposes of this subdivision, “a person providing services
pursuant to a contract” means a person who meets all of the
following criteria:

(A) The person has the right to control the performance of the
contract for services and discretion as to the manner of
performance.

(B) The person is customarily engaged in an independently
established business.

(C) The person has control over the time and place the work is
performed, supplies the tools and instruments used in the work,
and performs work that requires a particular skill not ordinarily
used in the course of the employer’s work.

(k) For an employer, labor organization, employment agency,
apprenticeship training program, or any training program leading
to employment, to fail to take all reasonable steps necessary to
prevent discrimination and harassment from occurring.

(l) (1) For an employer or other entity covered by this part to
refuse to hire or employ a person or to refuse to select a person
for a training program leading to employment or to bar or to
discharge a person from employment or from a training program
leading to employment, or to discriminate against a person in
compensation or in terms, conditions, or privileges of employment
because of a conflict between the person’s religious belief or
observance and any employment requirement, unless the employer
or other entity covered by this part demonstrates that it has explored
any available reasonable alternative means of accommodating the
religious belief or observance, including the possibilities of
excusing the person from those duties that conflict with his or her
religious belief or observance or permitting those duties to be
performed at another time or by another person, but is unable to
reasonably accommodate the religious belief or observance without
undue hardship, as defined in subdivision (t) of Section 12926, on
the conduct of the business of the employer or other entity covered
by this part. Religious belief or observance, as used in this section,
includes, but is not limited to, observance of a Sabbath or other
religious holy day or days, reasonable time necessary for travel
prior and subsequent to a religious observance, and religious dress
practice and religious grooming practice as described in subdivision
(p) of Section 12926.

(2) An accommodation of an individual’s religious dress practice
or religious grooming practice is not reasonable if the
accommodation requires segregation of the individual from other
employees or the public.

(3) An accommodation is not required under this subdivision
if it would result in a violation of this part or any other law
prohibiting discrimination or protecting civil rights, including
subdivision (b) of Section 51 of the Civil Code and Section 11135
of this code.

(m) For an employer or other entity covered by this part to fail
to make reasonable accommodation for the known physical or
mental disability of an applicant or employee. Nothing in this
subdivision or in paragraph (1) or (2) of subdivision (a) shall be
construed to require an accommodation that is demonstrated by
the employer or other covered entity to produce undue hardship,
as defined in subdivision (t) of Section 12926, to its operation.

(n) For an employer or other entity covered by this part to fail
to engage in a timely, good faith, interactive process with the
employee or applicant to determine effective reasonable
accommodations, if any, in response to a request for reasonable
accommodation by an employee or applicant with a known physical
or mental disability or known medical condition.

(o) For an employer or other entity covered by this part, to
subject, directly or indirectly, any employee, applicant, or other
person to a test for the presence of a genetic characteristic.

SEC. 16.  

Section 12944 of the Government Code, as amended
by Section 37 of Chapter 46 of the Statutes of 2012, is amended
to read:

12944.  

(a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, gender, gender identity,
gender expression, age, medical condition, genetic information,
physical disability, mental disability, begin delete or end delete sexual orientation, begin insert or end insert
begin insert housing status, end insert unless the practice can be demonstrated to be job
related.

If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right, privilege,
status, or responsibility previously conferred upon any person by
the examination or by a license issued in reliance on the
examination or qualification.

(b) It shall be unlawful for a licensing board to fail or refuse to
make reasonable accommodation to an individual’s mental or
physical disability or medical condition.

(c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the council, to
print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal
or through use of an application form, which expresses, directly
or indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information,
sex, gender, gender identity, gender expression, age, begin delete or end delete sexual
orientation begin insert , or housing status end insert or any intent to make any such
limitation, specification, or discrimination. Nothing in this
subdivision shall prohibit any licensing board from making, in
connection with prospective licensure or certification, an inquiry
as to, or a request for information regarding, the physical fitness
of applicants if that inquiry or request for information is directly
related and pertinent to the license or the licensed position the
applicant is applying for. Nothing in this subdivision shall prohibit
any licensing board, in connection with prospective examinations,
licensure, or certification, from inviting individuals with physical
or mental disabilities to request reasonable accommodations or
from making inquiries related to reasonable accommodations.

(d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.

(e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.

(f) As used in this section, “licensing board” means any state
board, agency, or authority in the State and Consumer Services
Agency that has the authority to grant licenses or certificates which
are prerequisites to employment eligibility or professional status.

SEC. 17.  

Section 12944 of the Government Code, as amended
by Section 17 of Chapter 147 of the Statutes of 2012, is amended
to read:

12944.  

(a) It shall be unlawful for a licensing board to require
any examination or establish any other qualification for licensing
that has an adverse impact on any class by virtue of its race, creed,
color, national origin or ancestry, sex, gender, gender identity,
gender expression, age, medical condition, genetic information,
physical disability, mental disability, begin delete or end delete sexual orientation, begin insert or end insert
begin insert housing status end insert unless the practice can be demonstrated to be job
related.

Where the commission, after hearing, determines that an
examination is unlawful under this subdivision, the licensing board
may continue to use and rely on the examination until such time
as judicial review by the superior court of the determination is
exhausted.

If an examination or other qualification for licensing is
determined to be unlawful under this section, that determination
shall not void, limit, repeal, or otherwise affect any right, privilege,
status, or responsibility previously conferred upon any person by
the examination or by a license issued in reliance on the
examination or qualification.

(b) It shall be unlawful for a licensing board to fail or refuse to
make reasonable accommodation to an individual’s mental or
physical disability or medical condition.

(c) It shall be unlawful for any licensing board, unless
specifically acting in accordance with federal equal employment
opportunity guidelines or regulations approved by the commission,
to print or circulate or cause to be printed or circulated any
publication, or to make any non-job-related inquiry, either verbal
or through use of an application form, which expresses, directly
or indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information,
sex, gender, gender identity, gender expression, age, begin delete or end delete sexual
orientation begin insert , or housing status end insert or any intent to make any such
limitation, specification, or discrimination. Nothing in this
subdivision shall prohibit any licensing board from making, in
connection with prospective licensure or certification, an inquiry
as to, or a request for information regarding, the physical fitness
of applicants if that inquiry or request for information is directly
related and pertinent to the license or the licensed position the
applicant is applying for. Nothing in this subdivision shall prohibit
any licensing board, in connection with prospective examinations,
licensure, or certification, from inviting individuals with physical
or mental disabilities to request reasonable accommodations or
from making inquiries related to reasonable accommodations.

(d) It is unlawful for a licensing board to discriminate against
any person because the person has filed a complaint, testified, or
assisted in any proceeding under this part.

(e) It is unlawful for any licensing board to fail to keep records
of applications for licensing or certification for a period of two
years following the date of receipt of the applications.

(f) As used in this section, “licensing board” means any state
board, agency, or authority in the Business, Consumer Services,
and Housing Agency that has the authority to grant licenses or
certificates which are prerequisites to employment eligibility or
professional status.

SEC. 18.  

Section 12955 of the Government Code is amended
to read:

12955.  

It shall be unlawful:

(a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, familial status, source of
income, disability, begin delete or end delete genetic information begin insert , or housing status end insert of
that person.

(b) For the owner of any housing accommodation to make or
to cause to be made any written or oral inquiry concerning the
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, disability, begin delete or end delete genetic information begin insert , or end insert
begin insert housing status end insert of any person seeking to purchase, rent, or lease
any housing accommodation.

(c) For any person to make, print, or publish, or cause to be
made, printed, or published any notice, statement, or advertisement,
with respect to the sale or rental of a housing accommodation that
indicates any preference, limitation, or discrimination based on
race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, begin delete or end delete genetic
information begin insert , or housing status end insert or an intention to make that
preference, limitation, or discrimination.

(d) For any person subject to the provisions of Section 51 of
the Civil Code, as that section applies to housing accommodations,
to discriminate against any person on the basis of sex, gender,
gender identity, gender expression, sexual orientation, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, genetic information, source of income, begin insert housing status, end insert
or on any other basis prohibited by that section. Selection
preferences based on age, imposed in connection with a federally
approved housing program, do not constitute age discrimination
in housing.

(e) For any person, bank, mortgage company or other financial
institution that provides financial assistance for the purchase,
organization, or construction of any housing accommodation to
discriminate against any person or group of persons because of
the race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, begin delete or end delete genetic
information begin insert , or housing status end insert in the terms, conditions, or privileges
relating to the obtaining or use of that financial assistance.

(f) For any owner of housing accommodations to harass, evict,
or otherwise discriminate against any person in the sale or rental
of housing accommodations when the owner’s dominant purpose
is retaliation against a person who has opposed practices unlawful
under this section, informed law enforcement agencies of practices
believed unlawful under this section, has testified or assisted in
any proceeding under this part, or has aided or encouraged a person
to exercise or enjoy the rights secured by this part. Nothing herein
is intended to cause or permit the delay of an unlawful detainer
action.

(g) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts or practices declared unlawful in this
section, or to attempt to do so.

(h) For any person, for profit, to induce any person to sell or
rent any dwelling by representations regarding the entry or
prospective entry into the neighborhood of a person or persons of
a particular race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, ancestry,
disability, genetic information, source of income, familial status,
begin delete or end delete national origin begin insert , or housing status end insert .

(i) For any person or other organization or entity whose business
involves real estate-related transactions to discriminate against
any person in making available a transaction, or in the terms and
conditions of a transaction, because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
marital status, national origin, ancestry, source of income, familial
status, disability, begin delete or end delete genetic information begin insert , or housing status end insert .

(j) To deny a person access to, or membership or participation
in, a multiple listing service, real estate brokerage organization,
or other service because of race, color, religion, sex, gender, gender
identity, gender expression, sexual orientation, marital status,
ancestry, disability, genetic information, familial status, source of
income, begin delete or end delete national origin begin insert , or housing status end insert .

(k) To otherwise make unavailable or deny a dwelling based
on discrimination because of race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, familial
status, source of income, disability, genetic information, begin delete or end delete national
origin begin insert , or housing status end insert .

(l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation,
familial status, marital status, disability, genetic information,
national origin, source of income, begin delete or end delete ancestry begin insert , or housing status end insert .
Discrimination includes, but is not limited to, restrictive covenants,
zoning laws, denials of use permits, and other actions authorized
under the Planning and Zoning Law (Title 7 (commencing with
Section 65000)), that make housing opportunities unavailable.

Discrimination under this subdivision also includes the existence
of a restrictive covenant, regardless of whether accompanied by a
statement that the restrictive covenant is repealed or void.

(m) As used in this section, “race, color, religion, sex, gender,
gender identity, gender expression, sexual orientation, marital
status, national origin, ancestry, familial status, source of income,
disability, begin delete or end delete genetic begin delete information,” end delete begin insert information, or housing status, end insert begin insert ” end insert
includes a perception that the person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.

(n) To use a financial or income standard in the rental of housing
that fails to account for the aggregate income of persons residing
together or proposing to reside together on the same basis as the
aggregate income of married persons residing together or proposing
to reside together.

(o) In instances where there is a government rent subsidy, to
use a financial or income standard in assessing eligibility for the
rental of housing that is not based on the portion of the rent to be
paid by the tenant.

(p) (1) For the purposes of this section, “source of income”
means lawful, verifiable income paid directly to a tenant or paid
to a representative of a tenant. For the purposes of this section, a
landlord is not considered a representative of a tenant.

(2) For the purposes of this section, it shall not constitute
discrimination based on source of income to make a written or
oral inquiry concerning the level or source of income.

SEC. 19.  

Section 12955.8 of the Government Code is amended
to read:

12955.8.  

For purposes of this article, in connection with
unlawful practices:

(a) Proof of an intentional violation of this article includes, but
is not limited to, an act or failure to act that is otherwise covered
by this part, that demonstrates an intent to discriminate in any
manner in violation of this part. A person intends to discriminate
if race, color, religion, sex, gender, gender identity, gender
expression, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, disability, begin delete or end delete genetic
information begin insert , or housing status end insert is a motivating factor in committing
a discriminatory housing practice even though other factors may
have also motivated the practice. An intent to discriminate may
be established by direct or circumstantial evidence.

(b) Proof of a violation causing a discriminatory effect is shown
if an act or failure to act that is otherwise covered by this part, and
that has the effect, regardless of intent, of unlawfully discriminating
on the basis of race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national
origin, ancestry, familial status, source of income, disability, begin delete or end delete
genetic information begin insert , or housing status end insert . A business establishment
whose action or inaction has an unintended discriminatory effect
shall not be considered to have committed an unlawful housing
practice in violation of this part if the business establishment can
establish that the action or inaction is necessary to the operation
of the business and effectively carries out the significant business
need it is alleged to serve. In cases that do not involve a business
establishment, the person whose action or inaction has an
unintended discriminatory effect shall not be considered to have
committed an unlawful housing practice in violation of this part
if the person can establish that the action or inaction is necessary
to achieve an important purpose sufficiently compelling to override
the discriminatory effect and effectively carries out the purpose it
is alleged to serve.

(1) Any determination of a violation pursuant to this subdivision
shall consider whether or not there are feasible alternatives that
would equally well or better accomplish the purpose advanced
with a less discriminatory effect.

(2) For purposes of this subdivision, the term “business
establishment” shall have the same meaning as in Section 51 of
the Civil Code.

SEC. 20.  

Section 12956.1 of the Government Code is amended
to read:

12956.1.  

(a) As used in this section, “association,” “governing
documents,” and “declaration” have the same meanings as set forth
in Sections 4080, 4135, and 4150 of the Civil Code.

(b) (1) A county recorder, title insurance company, escrow
company, real estate broker, real estate agent, or association that
provides a copy of a declaration, governing document, or deed to
any person shall place a cover page or stamp on the first page of
the previously recorded document or documents stating, in at least
14-point boldface type, the following:

“If this document contains any restriction based on race, color,
religion, sex, gender, gender identity, gender expression, sexual
orientation, familial status, marital status, disability, genetic
information, national origin, source of income as defined in
subdivision (p) of Section 12955, begin delete or end delete ancestry, begin insert or housing status, end insert
that restriction violates state and federal fair housing laws and is
void, and may be removed pursuant to Section 12956.2 of the
Government Code. Lawful restrictions under state and federal law
on the age of occupants in senior housing or housing for older
persons shall not be construed as restrictions based on familial
status.”

(2) The requirements set forth in paragraph (1) shall not apply
to documents being submitted for recordation to a county recorder.

(c) Any person who records a document for the express purpose
of adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for recording the
document. Notwithstanding any other provision of law, a
prosecution for a violation of this subdivision shall commence
within three years after the discovery of the recording of the
document.

SEC. 21.  

Section 12956.2 of the Government Code is amended
to read:

12956.2.  

(a) A person who holds an ownership interest of
record in property that he or she believes is the subject of an
unlawfully restrictive covenant in violation of subdivision (l) of
Section 12955 may record a document titled Restrictive Covenant
Modification. The county recorder may choose to waive the fee
prescribed for recording and indexing instruments pursuant to
Section 27361 in the case of the modification document provided
for in this section. The modification document shall include a
complete copy of the original document containing the unlawfully
restrictive language with the unlawfully restrictive language
stricken.

(b) Before recording the modification document, the county
recorder shall submit the modification document and the original
document to the county counsel who shall determine whether the
original document contains an unlawful restriction based on race,
color, religion, sex, gender, gender identity, gender expression,
sexual orientation, familial status, marital status, disability, national
origin, source of income as defined in subdivision (p) of Section
12955, begin delete or end delete ancestry begin insert , or housing status end insert . The county counsel shall
return the documents and inform the county recorder of its
determination. The county recorder shall refuse to record the
modification document if the county counsel finds that the original
document does not contain an unlawful restriction as specified in
this paragraph.

(c) The modification document shall be indexed in the same
manner as the original document being modified. It shall contain
a recording reference to the original document in the form of a
book and page or instrument number, and date of the recording.

(d) Subject to covenants, conditions, and restrictions that were
recorded after the recording of the original document that contains
the unlawfully restrictive language and subject to covenants,
conditions, and restrictions that will be recorded after the
Restrictive Covenant Modification, the restrictions in the
Restrictive Covenant Modification, once recorded, are the only
restrictions having effect on the property. The effective date of the
terms and conditions of the modification document shall be the
same as the effective date of the original document.

(e) The county recorder shall make available to the public
Restrictive Covenant Modification forms.

(f) If the holder of an ownership interest of record in property
causes to be recorded a modified document pursuant to this section
that contains modifications not authorized by this section, the
county recorder shall not incur liability for recording the document.
The liability that may result from the unauthorized recordation is
the sole responsibility of the holder of the ownership interest of
record who caused the modified recordation.

(g) This section does not apply to persons holding an ownership
interest in property that is part of a common interest development
as defined in Section 4100 of the Civil Code if the board of
directors of that common interest development is subject to the
requirements of subdivision (b) of Section 4225 of the Civil Code.

SEC. 22.  

Section 12993 of the Government Code is amended
to read:

12993.  

(a) The provisions of this part shall be construed
liberally for the accomplishment of the purposes of this part.
Nothing contained in this part shall be deemed to repeal any of the
provisions of the Civil Rights Law or of any other law of this state
relating to discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, age,
begin delete or end delete sexual orientation, begin insert or housing status, end insert unless those provisions
provide less protection to the enumerated classes of persons
covered under this part.

(b) Nothing contained in this part relating to discrimination in
employment on account of sex or medical condition shall be
deemed to affect the operation of the terms or conditions of any
bona fide retirement, pension, employee benefit, or insurance plan,
provided the terms or conditions are in accordance with customary
and reasonable or actuarially sound underwriting practices.

(c) While it is the intention of the Legislature to occupy the field
of regulation of discrimination in employment and housing
encompassed by the provisions of this part, exclusive of all other
laws banning discrimination in employment and housing by any
city, city and county, county, or other political subdivision of the
state, nothing contained in this part shall be construed, in any
manner or way, to limit or restrict the application of Section 51 of
the Civil Code.

SEC. 23.  

Section 868.8 of the Penal Code is amended to read:

868.8.  

Notwithstanding any other provision of law, in any
criminal proceeding in which the defendant is charged with a
violation of Section 243.4, 261, 273a, 273d, 285, 286, 288, 288a,
288.5, or 289, subdivision (1) of Section 314, Section 647.6, or
former Section 647a, or any crime that constitutes domestic
violence defined in Section 13700, committed with or upon a
person with a disability or a minor under 11 years of age, the court
shall take special precautions to provide for the comfort and support
of the person with a disability or minor and to protect him or her
from coercion, intimidation, or undue influence as a witness,
including, but not limited to, any of the following:

(a) In the court’s discretion, the witness may be allowed
reasonable periods of relief from examination and
cross-examination during which he or she may retire from the
courtroom. The judge may also allow other witnesses in the
proceeding to be examined when the person with a disability or
child witness retires from the courtroom.

(b) Notwithstanding Section 68110 of the Government Code,
in his or her discretion, the judge may remove his or her robe if
the judge believes that this formal attire intimidates the person
with a disability or the minor.

(c) In the court’s discretion the judge, parties, witnesses, support
persons, and court personnel may be relocated within the courtroom
to facilitate a more comfortable and personal environment for the
person with a disability or child witness.

(d) In the court’s discretion, the taking of the testimony of the
person with a disability or the minor may be limited to normal
school hours if there is no good cause to take the testimony of the
person with a disability or the minor during other hours.

(e) For the purposes of this section, the term “disability” is
defined in subdivision begin delete (j) end delete begin insert (k) end insert of Section 12926 of the Government
Code.

SEC. 24.  

Section 4900 of the Welfare and Institutions Code is
amended to read:

4900.  

(a) The definitions contained in this section shall govern
the construction of this division, unless the context requires
otherwise. These definitions shall not be construed to alter or
impact the definitions or other provisions of the Elder Abuse and
Dependent Adult Civil Protection Act (Chapter 11 (commencing
with Section 15600)), or Chapter 13 (commencing with Section
15750), of Part 3 of Division 9.

(b) “Abuse” means an act, or failure to act, that would constitute
abuse as that term is defined in federal regulations pertaining to
the authority of protection and advocacy agencies, including
Section 51.2 of Title 42 of the Code of Federal Regulations or
Section 1386.19 of Title 45 of the Code of Federal Regulations.
“Abuse” also means an act, or failure to act, that would constitute
abuse as that term is defined in Section 15610.07 of this code or
Section 11165.6 of the Penal Code.

(c) “Complaint” has the same meaning as “complaint” as defined
in federal statutes and regulations pertaining to the authority of
protection and advocacy agencies, including Section 10802(1) of
Title 42 of the United States Code, Section 51.2 of Title 42 of the
Code of Federal Regulations, or Section 1386.19 of Title 45 of the
Code of Federal Regulations.

(d) “Disability” means a developmental disability, as defined
in Section 15002(8) of Title 42 of the United States Code, a mental
illness, as defined in Section 10802(4) of Title 42 of the United
States Code, a disability within the meaning of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.), as defined in Section 12102(2) of Title 42 of the United
States Code, or a disability within the meaning of the California
Fair Employment and Housing Act (Part 2.8 (commencing with
Section 12900) of Division 3 of Title 2 of the Government Code),
as defined in subdivision begin delete (j) end delete begin insert (k) end insert or begin delete (l) end delete begin insert (m) end insert of Section 12926 of the
Government Code.

(e) “Facility” or “program” means a public or private facility
or program providing services, support, care, or treatment to
persons with disabilities, even if only on an as-needed basis or
under contractual arrangement. “Facility” or “program” includes,
but is not limited to, a hospital, a long-term health care facility, a
community living arrangement for people with disabilities,
including a group home, a board and care home, an individual
residence or apartment of a person with a disability where services
are provided, a day program, a juvenile detention facility, a
homeless shelter, a jail, or a prison, including all general areas, as
well as special, mental health, or forensic units. The term includes
any facility licensed under Division 2 (commencing with Section
1200) of the Health and Safety Code and any facility that is
unlicensed but is not exempt from licensure as provided in
subdivision (a) of Section 1503.5 of the Health and Safety Code.
The term also includes a public or private school or other institution
or program providing education, training, habilitation, therapeutic,
or residential services to persons with disabilities.

(f) “Legal guardian,” “conservator,” or “legal representative”
means a person appointed by a state court or agency empowered
under state law to appoint and review the legal guardian,
conservator, or legal representative, as appropriate. With respect
to an individual described under paragraph (2) of subdivision (i),
this person is one who has the legal authority to consent to health
or mental health care or treatment on behalf of the individual. With
respect to an individual described under paragraphs (1) or (3) of
subdivision (i), this person is one who has the legal authority to
make all decisions on behalf of the individual. These terms include
the parent of a minor who has legal custody of the minor. These
terms do not include a person acting solely as a representative
payee, a person acting solely to handle financial matters, an
attorney or other person acting on behalf of an individual with a
disability solely in individual legal matters, or an official or his or
her designee who is responsible for the provision of treatment or
services to an individual with a disability.

(g) “Neglect” means a negligent act, or omission to act, that
would constitute neglect as that term is defined in federal statutes
and regulations pertaining to the authority of protection and
advocacy agencies, including Section 10802(5) of Title 42 of the
United States Code, Section 51.2 of Title 42 of the Code of Federal
Regulations, or Section 1386.19 of Title 45 of the Code of Federal
Regulations. “Neglect” also means a negligent act, or omission to
act, that would constitute neglect as that term is defined in
subdivision (b) of Section 15610.07 of this code or Section 11165.2
of the Penal Code.

(h) “Probable cause” to believe that an individual has been
subject to abuse or neglect, or is at significant risk of being
subjected to abuse or neglect, exists when the protection and
advocacy agency determines that it is objectively reasonable for
a person to entertain that belief. The individual making a probable
cause determination may base the decision on reasonable inferences
drawn from his or her experience or training regarding similar
incidents, conditions, or problems that are usually associated with
abuse or neglect. Information supporting a probable cause
determination may result from monitoring or other activities,
including, but not limited to, media reports and newspaper articles.

(i) “Protection and advocacy agency” means the private
nonprofit corporation designated by the Governor in this state
pursuant to federal law for the protection and advocacy of the
rights of persons with disabilities, including the following:

(1) People with developmental disabilities, as authorized under
the federal Developmental Disabilities Assistance and Bill of
Rights Act of 2000, contained in Chapter 144 (commencing with
Section 15001) of Title 42 of the United States Code.

(2) People with mental illness, as authorized under the federal
Protection and Advocacy for Mentally Ill Individuals Amendments
Act of 1991, contained in Chapter 114 (commencing with Section
10801) of Title 42 of the United States Code.

(3) People with disabilities within the meaning of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.) as defined in Section 12102(2) of Title 42 of the United
States Code, who do not have a developmental disability as defined
in Section 15002(8) of Title 42 of the United States Code, people
with a mental illness as defined in Section 10802(4) of Title 42 of
the United States Code, and who are receiving services under the
federal Protection and Advocacy of Individual Rights Act as
defined in Section 794e of Title 29 of the United States Code, or
people with a disability within the meaning of the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section
12900) of Division 3 of Title 2 of the Government Code), as
defined in subdivision begin delete (j) end delete begin insert (k) end insert or begin delete (l) end delete begin insert (m) end insert of Section 12926 of the
Government Code.

(j) “Reasonable unaccompanied access” means access that
permits the protection and advocacy agency, without undue
interference, to monitor, inspect, and observe conditions in facilities
and programs, to meet and communicate with residents and service
recipients privately and confidentially on a regular basis, formally
or informally, by telephone, mail, electronic mail, and in person,
and to review records privately and confidentially, in a manner
that minimizes interference with the activities of the program or
service, that respects residents’ privacy interests and honors a
resident’s request to terminate an interview, and that does not
jeopardize the physical health or safety of facility or program staff,
residents, service recipients, or protection and advocacy agency
staff.

SEC. 25.  

The Legislature finds and declares that the need to
address discriminatory practices is a matter of statewide concern
and is not a municipal affair, as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this act shall
apply to all cities, including charter cities.

SEC. 26.  

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

SEC. 27.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.