BILL NUMBER: AB 1670	AMENDED
	BILL TEXT

	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 25, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999

INTRODUCED BY   Committee on Judiciary (Kuehl (Chair), Aroner, Bock,
Corbett, Jackson, Knox, Longville, Shelley, Steinberg, and Wiggins)

                        MARCH 15, 1999

   An act to amend Section 51.5 of the Civil Code, and to amend
Sections 11139, 12921, 12926, 12927, 12930, 12940, 12945, 12948,
12955, 12965, 12970, 12989.2, and 12989.3 of  , and to add
Section 12955 to,  the Government Code, relating to
discrimination.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1670, as amended, Committee on Judiciary.  California Civil
Rights Amendments of 1999.
   Existing law prohibits business establishments from discriminating
against, boycotting or blacklisting, or refusing to buy from, sell
to, or trade with any person because of the race, creed, religion,
color, national origin, sex, or disability of any person or the
person's partners, members, stockholders, directors, officers,
managers, superintendents, agents, employees, business associates,
suppliers, or customers.
   This bill would additionally prohibit these forms of
discrimination (1) because of a perception that any of those persons
have one or more of the above characteristics or (2) because the
person is associated with a person who has, or is perceived to have,
any of those characteristics.
   Existing law prohibits denial of benefits under, or discrimination
against any person in, any program or activity funded or financially
assisted by the state on the basis of ethnic group identification,
religion, age, sex, color, or physical or mental disability.
Existing law specifies a hearing procedure for determining violations
and requires curtailing state funding for any contractor, grantee,
or local agency found to be in violation.
   This bill would make these provisions and regulations adopted
thereunder enforceable by a civil action for equitable relief.
   Existing provisions of the California Fair Employment and Housing
Act declare as a civil right the opportunity to seek, obtain, and
hold employment without discrimination on specified bases.
   This bill would declare as a civil right the opportunity to seek,
obtain, and hold housing without discrimination on specified bases or
any arbitrary basis prohibited by the Unruh Civil Rights Act.  The
bill would also revise the definition of discrimination for the
purposes of these provisions to include harassment in connection with
housing accommodations.
   Existing provisions of the California Fair Employment and Housing
Act make it an unlawful employment practice for employers, including
employer agents, among others, to harass an employee or applicant
because of specified bases. Under existing law, harassment of an
employee or applicant by other than an employer agent or supervisor
is unlawful only if the employer, or its agents or supervisors, knows
or should have known of the harassment and fails to take immediate
and appropriate corrective action.
   This bill would add a definition of "supervisor" to the act and
expand the act's provisions on harassment to make them applicable to
harrassment of persons providing services pursuant to a contract, as
defined.  The bill would provide that the definition of "supervisor"
that it would add is declaratory of existing law.
   Nothing in the California Fair Employment and Housing Act makes it
an unlawful employment practice to require testing for a genetic
characteristic.
   This bill would make it an unlawful employment practice for an
employer or other entity to require testing for a genetic
characteristic.  This bill would also make it an unlawful employment
practice to make, in connection with prospective employment, any
inquiry as to, or a request for information regarding, the physical
fitness or physical or mental condition of an applicant, except as
specified.
   Existing provisions of the California Fair Employment and Housing
Act prohibit discrimination based on specified bases.
   This bill would provide that those bases include a perception that
the person has any of those characteristics or is associated with a
person who has, or is perceived to have, any of those
characteristics.
   Nothing in the California Fair Employment and Housing Act makes it
an unlawful employment practice to refuse to provide a reasonable
accommodation for a pregnant female employee during the pregnancy.
   This bill would make it an unlawful employment practice for an
employer to refuse to provide a reasonable accommodation requested by
an employee, with the advice of her health care provider, for
conditions related to pregnancy, childbirth, or related medical
conditions.
   In any civil action brought under the California Fair Employment
and Housing Act the court, with certain exceptions, is authorized to
award the prevailing party reasonable attorney's fees and costs.
   This bill would additionally authorize the court to award the
prevailing party his or her expert witness fees.
   Under existing law, the respondent named in an administrative
accusation under the California Fair Employment and Housing Act
brought for damages for emotional injuries or for an administrative
fine may elect to transfer the proceedings to a court.  Existing law
authorizes the court in those actions to grant specified relief.
   This bill would additionally authorize the relief granted by the
court to include a requirement that the employer conduct prescribed
training.
   Existing provisions of the California Fair Employment and Housing
Act limit the total amount of damages that may be awarded by the Fair
Employment and Housing Commission for nonpecuniary loss and
administrative fines to $50,000 per aggrieved person per respondent.

   This bill would increase this limitation to $150,000.
   This bill would additionally make technical and conforming changes
to provisions of the California Fair Employment and Housing Act.
   This bill would specify that the changes it would make in types of
discrimination prohibited by the Unruh Civil Rights Act, and in
certain of the definitional provisions of the California Fair
Employment and Housing Act, are declaratory of existing law. 
   This bill would incorporate the changes in Section 12926 of the
Government Code proposed by Senate Bill 1185, if that bill is enacted
and this bill is enacted last.
   This bill would incorporate the changes in Section 12955 of the
Government Code proposed by Senate Bill 1098, Senate Bill 1148, or
both, if either or both of those bills are enacted and this bill is
enacted last. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known, and may be cited, as the
California Civil Rights Amendments of 1999.
  SEC. 2.  Section 51.5 of the Civil Code is amended to read:
   51.5.  No business establishment of any kind whatsoever shall
discriminate against, boycott or blacklist, or refuse to buy from,
contract with, sell to, or trade with any person in this state
because of the race, creed, religion, color, national origin, sex, or
disability of the person or of the person's partners, members,
stockholders, directors, officers, managers, superintendents, agents,
employees, business associates, suppliers, or customers, because the
person is perceived to have one or more of those characteristics, or
because the person is associated with a person who has, or is
perceived to have, any of those characteristics.
   As used in this section, "person" includes any person, firm,
association, organization, partnership, business trust, corporation,
limited liability company, or company.
   This section shall not 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 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.
  SEC. 3.  Section 11139 of the Government Code is amended to read:
   11139.  The prohibitions and sanctions imposed by this article are
in addition to any other prohibitions and sanctions imposed by law.

   This article shall not be interpreted in a manner that would
frustrate its purpose.
   This article shall not be interpreted in a manner that would
adversely affect lawful programs which benefit the disabled, the
aged, minorities, and women.
   This article and regulations adopted pursuant to this article may
be enforced by a civil action for equitable relief.
  SEC. 4.  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, marital status, sex, or age 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, marital status,
national origin, ancestry, familial status, disability, or any other
basis prohibited by Section 51 of the Civil Code is hereby
recognized as and declared to be a civil right.
  SEC. 5.  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 thereof, 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) "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.
   (h) "Medical condition" includes (1) genetic characteristics, or
(2) any health impairment related to or associated with a diagnosis
of cancer, for which a person has been rehabilitated or cured, based
on competent medical evidence.  For purposes of this section,
"genetic characteristics" means 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 is determined to be associated
with a statistically increased risk of development of a disease or
disorder, or inherited characteristics that may derive from the
individual or family member, that is presently not associated with
any symptoms of any disease or disorder.
   (i) "Mental disability" includes any mental or psychological
disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
However, "mental disability" does not include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12211).  Additionally, for purposes of this part, the unlawful use of
controlled substances or other drugs shall not be deemed, in and of
itself, to constitute a mental disability.
   (j) "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, marital status,
sex, or age.
   (k) "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 an individual's ability to participate in major life
activities.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Being regarded as having or having had a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in paragraph (1) or (2).
   (4) Being regarded 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).
   It is the intent of the Legislature that the definition of
"physical disability" in this subdivision shall have the same meaning
as the term "physical handicap" formerly defined by this subdivision
and construed in American National Ins. Co. v. Fair Employment &
Housing Com. (1982) 32 Cal.3d 603.  However, "physical disability"
does not include conditions excluded from the federal definition of
"disability" pursuant to Section 511 of the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12211).  Additionally, for
purposes of this part, the unlawful use of controlled substances or
other drugs shall not be deemed, in and of itself, to constitute a
physical disability.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the 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 (i) or (k), 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 (i) and (k).
   (m) "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, or age" 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) "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.
   (o) "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.
   (p) "Sex" includes, but is not limited to, pregnancy, childbirth,
or medical conditions related to pregnancy or childbirth.
   (q) "Supervisor" means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, lay off,
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.
   (r) "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 work force of the
entity, and (5) the geographic separateness, administrative, or
fiscal relationship of the facility or facilities.   
  SEC. 5.1.  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 thereof, and cities, except as follows:  
   (1) "Employer"  
   "Employer"  does not include a religious association or
corporation not organized for private profit.  
   (2) "Employer," for purposes of provisions defining unlawful
employment practices related to mental disability, means any person
regularly employing 15 or more persons, or any person directly or
indirectly acting as an agent of such an employer, and also includes
the state and municipalities and political subdivisions of the state.

   (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) "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.
   (h) "Medical condition" includes  (1) genetic
characteristics, or (2) any   either of the following:
   (1) Any  health impairment related to or associated with a
diagnosis of cancer, for which a person has been rehabilitated or
cured, based on competent medical evidence.   For 

   (2) Genetic characteristics.  For purposes of this section,
"genetic characteristics" means  any   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,
 or inherited  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  is   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.
   (i) "Mental disability" includes any mental or psychological
disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
However, "mental disability" does not include conditions excluded
from the federal definition of "disability" pursuant to Section 511
of the Americans with Disabilities Act of 1990 (42 U.S.C.  ,
 Sec. 12211).  Additionally, for purposes of this part, the
unlawful use of controlled substances or other drugs shall not be
deemed, in and of itself, to constitute a mental disability.
   (j) "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, marital status,
sex, or age.
   (k) "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 an individual's ability to participate in major life
activities.
   (2) Any other health impairment not described in paragraph (1)
that requires special education or related services.
   (3) Being regarded as having or having had a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health
impairment described in paragraph (1) or (2).
   (4) Being regarded 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).
   It is the intent of the Legislature that the definition of
"physical disability" in this subdivision shall have the same meaning
as the term "physical handicap" formerly defined by this subdivision
and construed in American National Ins. Co. v. Fair Employment &
Housing  Com., 32 Cal. 3d   Com.  (1982) 23
Cal.3d  603.  However, "physical disability" does not include
conditions excluded from the federal definition of "disability"
pursuant to Section 511 of the Americans with Disabilities Act of
1990 (42 U.S.C.  ,  Sec.  12211).  Additionally, for
purposes of this part, the unlawful use of controlled substances or
other drugs shall not be deemed, in and of itself, to constitute a
physical disability.
   (l) Notwithstanding subdivisions (i) and (k), if the definition of
"disability" used in the Americans with Disabilities Act of 1990
 (Public Law   (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
(i) or (k), 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 (i)
and (k).
   (m)  "Race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital
status, sex, or age" 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)  "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.  
   (n)  
   (o)  "Religious creed," "religion," "religious observance,"
"religious belief," and "creed" include all aspects of religious
belief, observance, and practice.  
   (o)  
   (p)  "Sex" includes, but is not limited to, pregnancy,
childbirth, or medical conditions related to pregnancy or childbirth.
  
   (p)  
   (q) "Supervisor means any individual having the authority, in the
interest of the employer, to hire, transfer, suspend, lay off,
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.
   (r)  "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 work force of the
entity, and (5) the geographic separateness, administrative, or
fiscal relationship of the facility or facilities.
  SEC. 6.  Section 12927 of the Government Code is amended to read:
   12927.  As used in this part in connection with housing
accommodations, unless a different meaning clearly appears from the
context:
   (a) "Affirmative actions" means any activity for the purpose of
eliminating discrimination in housing accommodations because of race,
color, religion, sex, marital status, national origin, ancestry,
familial status, or disability.
   (b) "Conciliation council" means a nonprofit organization, or a
city or county human relations commission, which provides education,
factfinding, and mediation or conciliation services in resolution of
complaints of housing discrimination.
   (c) (1) "Discrimination" includes refusal to sell, rent, or lease
housing accommodations; includes refusal to negotiate for the sale,
rental, or lease of housing accommodations; includes representation
that a housing accommodation is not available for inspection, sale,
or rental when that housing accommodation is in fact so available;
includes any other denial or withholding of housing accommodations;
includes provision of inferior terms, conditions, privileges,
facilities, or services in connection with those housing
accommodations; includes harassment in connection with those housing
accommodations; includes the cancellation or termination of a sale or
rental agreement; includes the provision of segregated or separated
housing accommodations; includes the refusal to permit, at the
expense of the disabled person, reasonable modifications of existing
premises occupied or to be occupied by the disabled person, if the
modifications may be necessary to afford the disabled person full
enjoyment of the premises, except that, in the case of a rental, the
landlord may, where it is reasonable to do so condition permission
for a modification on the renter's agreeing to restore the interior
of the premises to the condition that existed before the modification
(other than for reasonable wear and tear), and includes refusal to
make reasonable accommodations in rules, policies, practices, or
services when these accommodations may be necessary to afford a
disabled person equal opportunity to use and enjoy a dwelling.
   (2) "Discrimination" does not include either of the following:
   (A) Refusal to rent or lease a portion of an owner-occupied
single-family house to a person as a roomer or boarder living within
the household, provided that no more than one roomer or boarder is to
live within the household, and the owner complies with subdivision
(c) of Section 12955, which prohibits discriminatory notices,
statements, and advertisements.
   (B) Where the sharing of living areas in a single dwelling unit is
involved, the use of words stating or tending to imply that the
housing being advertised is available only to persons of one sex.
   (d) "Housing accommodation" means any building, structure, or
portion thereof that is occupied as, or intended for occupancy as, a
residence by one or more families and any vacant land that is offered
for sale or lease for the construction thereon of any building,
structure, or portion thereof intended to be so occupied.
   (e) "Owner" includes the lessee, sublessee, assignee, managing
agent, real estate broker or salesperson, or any person having any
legal or equitable right of ownership or possession or the right to
rent or lease housing accommodations, and includes the state and any
of its political subdivisions and
       any agency thereof.
   (f) "Person" includes all individuals and entities that are
described in Section 3602(d) of Title 42 of the United States Code,
and in the definition of "owner" in subdivision (e) of this section,
and all institutional third parties, including the Federal Home Loan
Mortgage Corporation.
   (g) "Aggrieved person" includes any person who claims to have been
injured by a discriminatory housing practice or believes that the
person will be injured by a discriminatory housing practice that is
about to occur.
   (h) "Real estate-related transactions" include any of the
following:
   (1) The making or purchasing of loans or providing other financial
assistance that is for the purpose of purchasing, constructing,
improving, repairing, or maintaining a dwelling, or that is secured
by residential real estate.
   (2) The selling, brokering, or appraising of residential real
property.
   (3) The use of territorial underwriting requirements, for the
purpose of requiring a borrower in a specific geographic area to
obtain earthquake insurance, required by an institutional third party
on a loan secured by residential real property.
  SEC. 7.  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, 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 rules and
regulations to carry out the functions and duties of the department
pursuant to this part.
   (f) (1) To receive, investigate and conciliate complaints alleging
practices made unlawful pursuant to Chapter 6 (commencing with
Section 12940).
   (2) To receive, investigate, and conciliate 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 issue accusations pursuant to Section 12965 or 12981 and to
prosecute those accusations before the commission.
   (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, marital status,
national origin, ancestry, familial status, or disability.
   (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.
  SEC. 8.  Section 12940 of the Government Code is amended to read:
   12940.  It shall be 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, marital status, or sex 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.
   (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, or sex 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, marital status, or sex 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, marital
status, or sex of the person discriminated against.
   (d) For any employer or employment agency, unless specifically
acting in accordance with federal equal employment opportunity
guidelines and 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 of an employee or applicant, 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,
marital status, or sex, or any intent to make that limitation,
specification or discrimination. Except as provided in the Americans
with Disabilities Act of 1990 (P.L. 101-336) and the regulations
adopted pursuant thereto, nothing in this subdivision shall prohibit
any employer from making, in connection with prospective employment,
an inquiry as to, or a request for information regarding, the
physical fitness, medical condition, physical condition, or medical
history of applicants if that inquiry or request for information is
directly related and pertinent to the position the applicant is
applying for or directly related to a determination of whether the
applicant would endanger his or her health or safety or the health or
safety of others.
   (e) 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, which prohibits retaliation against
hospital employees who report suspected patient abuse by health
facilities or community care facilities.
   (f) 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.
   (g) 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.
   (h) (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, marital status, sex, or age, 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 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) This subdivision is declaratory of existing law, except for
the new duties imposed on employers with regard to harassment.
   (3) (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 thereof, 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.
   (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.
   (4) 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.
   (i) 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.
   (j) 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 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, and reasonable time necessary for travel prior and
subsequent to a religious observance.
   (k) 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 to its operation.
   (l) 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. 9.  Section 12945 of the Government Code is amended to read:
   12945.  It shall be an unlawful employment practice, unless based
upon a bona fide occupational qualification:
   (a) For any employer, because of the pregnancy, childbirth, or
related medical condition of any female employee, to refuse to
promote her, or to refuse to select her for a training program
leading to promotion, provided she is able to complete the training
program at least three months prior to the anticipated date of
departure for her pregnancy leave, or to discharge her from
employment or from a training program leading to promotion, or to
discriminate against her in compensation or in terms, conditions, or
privileges of employment.
   (b) For any employer to refuse to allow a female employee affected
by pregnancy, childbirth, or related medical conditions either:
   (1) To receive the same benefits or privileges of employment
granted by that employer to other persons not so affected who are
similar in their ability or inability to work, including to take
disability or sick leave or any other accrued leave that is made
available by the employer to temporarily disabled employees.  For
purposes of this section, pregnancy, childbirth, and related medical
conditions are treated as any other temporary disability. However, no
employer shall be required to provide a female employee disability
leave on account of normal pregnancy, childbirth, or related medical
condition for a period exceeding six weeks.  This section shall not
be construed to require an employer to provide his or her employees
with health insurance coverage for the medical costs of pregnancy,
childbirth, or related medical conditions.  The inclusion in any
health insurance coverage of any provisions or coverage relating to
medical costs of pregnancy, childbirth, or related medical conditions
shall not be construed to require the inclusion of any other
provisions or coverage, nor shall coverage of any related medical
conditions be required by virtue of coverage of any medical costs of
pregnancy, childbirth, or other related medical conditions.
   (2) To take a leave on account of pregnancy for a reasonable
period of time not to exceed four months.  The employee shall be
entitled to utilize any accrued vacation leave during this period of
time.  Reasonable period of time means that period during which the
female employee is disabled on account of pregnancy, childbirth, or
related medical conditions.  This paragraph shall not be construed to
limit the provisions of paragraph (1) of subdivision (b).
   An employer may require any employee who plans to take a leave
pursuant to this subdivision to give the employer reasonable notice
of the date the leave shall commence and the estimated duration of
the leave.
   (c) (1) For any employer, including both employers subject to and
not subject to Title VII of the federal Civil Rights Act of 1964, to
refuse to provide reasonable accommodation for an employee for
conditions related to pregnancy, childbirth, or related medical
conditions, if she so requests, with the advice of her health care
provider.
   (2) For any employer, including both employers subject to and not
subject to Title VII of the federal Civil Rights Act of 1964, who has
a policy, practice, or collective bargaining agreement requiring or
authorizing the transfer of temporarily disabled employees to less
strenuous or hazardous positions for the duration of the disability
to refuse to transfer a pregnant female employee who so requests.
   (3) For any employer, including both employers subject to and not
subject to Title VII of the federal Civil Rights Act of 1964, to
refuse to temporarily transfer a pregnant female employee to a less
strenuous or hazardous position for the duration of her pregnancy if
she so requests, with the advice of her physician, where that
transfer can be reasonably accommodated.  However, no employer shall
be required by this section to create additional employment that the
employer would not otherwise have created, nor shall the employer be
required to discharge any employee, transfer any employee with more
seniority, or promote any employee who is not qualified to perform
the job.
   (d) This section shall not be construed to affect any other
provision of law relating to sex discrimination or pregnancy, or in
any way to diminish the coverage of pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth under any other
provisions of this part, including subdivision (a) of Section 12940.

   (e) Except for subdivision (c) and paragraph (2) of subdivision
(b), this section is inapplicable to any employer subject to Title
VII of the federal Civil Rights Act of 1964.
  SEC. 10.  Section 12948 of the Government Code is amended to read:

   12948.  It is an unlawful practice under this part for a person to
deny or to aid, incite, or conspire in the denial of the rights
created by Section 51, 51.5, 51.7, 54, 54.1, or 54.2 of the Civil
Code.
  SEC. 11.  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, marital status, national origin, ancestry, familial status, or
disability 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, marital status, national origin, ancestry, familial
status, or disability 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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such 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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (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, marital status, national origin,
ancestry, familial status, or disability 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, marital status, ancestry,
disability, familial status, or national origin.
   (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,
marital status, national origin, ancestry, familial status, or
disability.
   (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, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry. 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.
   (m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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.   
  SEC. 11.1.  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, marital status, national origin, ancestry, familial
status,  source of income,  or disability 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, marital status, national origin, ancestry, familial
status, or disability 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, marital status, national origin,
ancestry, familial status,  source of income,  or disability
or an intention to make any such 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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability,  source of income,  or on any other basis
prohibited by that section.
   (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, marital status, national origin,
ancestry, familial status,  source of income,  or disability
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, marital status, ancestry,
disability,  source of income,  familial status, or national
origin.
   (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,
marital status, national origin, ancestry,  source of income,
 familial status, or disability.
   (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, marital status,
ancestry, disability, familial status,  source of income, 
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status,  source of income,  disability, or national origin.

   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, 
source of income,  or ancestry.  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.  
   (m) 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.
   (n) 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.
   (o) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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.
   (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.
   (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.
   (q) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.   
  SEC. 11.2.  Section 12955 is added to the Government Code, 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, marital status, national origin, ancestry, familial status, or
disability 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, marital status, national origin, ancestry, familial
status, or disability 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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such 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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (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, marital status, national origin,
ancestry, familial status, or disability 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, marital status, ancestry,
disability, familial status, or national origin.
   (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,
marital status, national origin, ancestry, familial status, or
disability.
   (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, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry.  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.
   (m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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) This section shall become operative on January 1, 2005. 

  SEC. 11.3.  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, marital status, national origin, ancestry, familial
status, or disability 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, marital status, national origin, ancestry, familial
status, or disability 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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such 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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (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, marital status, national origin,
ancestry, familial status, or disability 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, marital status, ancestry,
disability, familial status, or national origin.
   (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,
marital status, national origin, ancestry, familial status, or
disability.
   (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, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry.  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.  This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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. 

  SEC. 11.4.  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, marital status, national origin, ancestry, familial
status,  source of income,  or disability 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, marital status, national origin, ancestry, familial
status, or disability 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, marital status, national origin,
ancestry, familial status,  source of income,  or disability
or an intention to make any such 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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability,  source of income,  or on any other basis
prohibited by that section.
   (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, marital status, national origin,
ancestry, familial status,  source of income,  or disability
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, marital status, ancestry,
disability,  source of income,  familial status, or national
origin.
   (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,
marital status, national origin, ancestry,  source of income,
 familial status, or disability.
   (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, marital status,
ancestry, disability, familial status,  source of income, 
or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status,  source of income,  disability, or national origin.

   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, 
source of income,  or ancestry.  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.  This
paragraph shall become operative on January 1, 2001.
   (m) 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.
   (n) 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.
   (o) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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.
   (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.
   (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.
   (q) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.   
  SEC. 11.5.  Section 12955 is added to the Government Code, 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, marital status, national origin, ancestry, familial status, or
disability 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, marital status, national origin, ancestry, familial
status, or disability 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, marital status, national origin,
ancestry, familial status, or disability or an intention to make any
such 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, color, race,
religion, ancestry, national origin, familial status, marital status,
disability, or on any other basis prohibited by that section.
   (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, marital status, national origin,
ancestry, familial status, or disability 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, marital status, ancestry,
disability, familial status, or national origin.
   (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,
marital status, national origin, ancestry, familial status, or
disability.
   (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, marital status,
ancestry, disability, familial status, or national origin.
   (k) To otherwise make unavailable or deny a dwelling based on
discrimination because of race, color, religion, sex, familial
status, disability, or national origin.
   (l) To discriminate through public or private land use practices,
decisions, and authorizations because of race, color, religion, sex,
familial status, marital status, disability, national origin, or
ancestry.  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.  This
paragraph shall become operative on January 1, 2001.
   (m) As used in this section, "race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability"
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) This section shall become operative on January 1, 2005.
   SEC. 12.  Section 12965 of the Government Code is amended to read:

   12965.  (a) In the case of failure to eliminate an unlawful
practice under this part through conference, conciliation, or
persuasion, or in advance thereof if circumstances warrant, the
director in his or her discretion may cause to be issued in the name
of the department a written accusation.  The accusation shall contain
the name of the person, employer, labor organization, or employment
agency accused, which shall be known as the respondent, shall set
forth the nature of the charges, shall be served upon the respondent
together with a copy of the verified complaint, as amended, and shall
require the respondent to answer the charges at a hearing.
   For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint.  For
                               all other complaints, an accusation
shall be issued, if at all, within one year after the filing of a
complaint.  If the director determines, pursuant to Section 12961,
that a complaint investigated as a group or class complaint under
Section 12961 is to be treated as a group or class complaint for
purposes of conciliation and accusation as well, that determination
shall be made and shall be communicated in writing within one year
after the filing of the complaint to each person, employer, labor
organization, employment agency, or public entity alleged in the
complaint to have committed an unlawful practice.
   (b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice.  This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization, or employment agency named in the verified
complaint within one year from the date of that notice.  If the
person claiming to be aggrieved does not request a right-to-sue
notice, the department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint.  A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting HIV/AIDS
discrimination claims, acting on behalf of any person claiming to be
aggrieved due to HIV/AIDS discrimination, may also bring a civil
action under this part against the person, employer, labor
organization, or employment agency named in the notice.  The superior
and municipal courts of the State of California shall have
jurisdiction of those actions, and the aggrieved person may file in
any of these courts.  Such an action may be brought in any county in
the state in which the unlawful practice is alleged to have been
committed, in the county in which the records relevant to the
practice are maintained and administered, or in the county in which
the aggrieved person would have worked or would have had access to
the public accommodation but for the alleged unlawful practice, but
if the defendant is not found within any of these counties, an action
may be brought within the county of the defendant's residence or
principal office.  A copy of any complaint filed pursuant to this
part shall be served on the principal offices of the department and
of the commission.  The remedy for failure to send a copy of a
complaint is an order to do so.  Those actions may not be filed as
class actions or may not be maintained as class actions by the person
or persons claiming to be aggrieved where those persons have filed a
civil class action in the federal courts alleging a comparable claim
of employment discrimination against the same defendant or
defendants.  In actions brought under this section, the court, in its
discretion, may award to the prevailing party reasonable attorney's
fees and costs, including expert witness fees, except where the
action is filed by a public agency or a public official, acting in an
official capacity.
   (c) (1) If an accusation or amended accusation includes a prayer
either for damages for emotional injuries as a component of actual
damages, or for administrative fines, or for both, the respondent may
within 30 days after service of the accusation or amended
accusation, elect to transfer the proceedings to a court in lieu of a
hearing pursuant to subdivision (a) by serving a written notice to
that effect on the department, the commission, and the person
claiming to be aggrieved.  The commission shall prescribe the form
and manner of giving written notice.
   (2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest.  In this action, the person claiming to
be aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel.  Complaints filed pursuant to this section shall be filed in
the appropriate superior or municipal court in any county in which
unlawful practices are alleged to have been committed, in the county
in which records relevant to the alleged unlawful practices are
maintained and administered, or in the county in which the person
claiming to be aggrieved would have worked or would have had access
to public accommodation, but for the alleged unlawful practices.  If
the defendant is not found in any of these counties, the action may
be brought within the county of the defendant's residence or
principal office.  Those actions shall be assigned to the court's
delay reduction program, or otherwise given priority for disposition
by the court in which the action is filed.
   (3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part.  This relief may include a requirement that the
employer conduct training for all employees, supervisors, and
management on the requirements of this part, the rights and remedies
of those who allege a violation of this part, and the employer's
internal grievance procedures.
   (4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
  SEC. 13.  Section 12970 of the Government Code is amended to read:

   12970.  (a) If the commission finds that a respondent has engaged
in any unlawful practice under this part, it shall state its findings
of fact and determination and shall issue and cause to be served on
the parties an order requiring the respondent to cease and desist
from the unlawful practice and to take action, including, but not
limited to, any of the following:
   (1) The hiring, reinstatement, or upgrading of employees, with or
without backpay.
   (2) The admission or restoration to membership in any respondent
labor organization.
   (3) The payment of actual damages as may be available in civil
actions under this part, except as otherwise provided in this
section.  Actual damages include, but are not limited to, damages for
emotional injuries if the accusation or amended accusation prays for
those damages.  Actual damages awarded under this section for
emotional pain, suffering, inconvenience, mental anguish, loss of
enjoyment of life, and other nonpecuniary losses shall not exceed, in
combination with the amounts of any administrative fines imposed
pursuant to subdivision (c), one hundred fifty thousand dollars
($150,000) per aggrieved person per respondent.
   (4) Notwithstanding paragraph (3), the payment of actual damages
up to one hundred fifty thousand dollars ($150,000) assessed against
a respondent for a violation of Section 51.7 of the Civil Code, as an
unlawful practice under this part.
   (5) Affirmative or prospective relief to prevent the recurrence of
the unlawful practice.
   (6) A report to the commission as to the manner of compliance with
the commission's order.
   (b) An unlawful practice under this part alone is not sufficient
to sustain an award of actual damages pursuant to this section.  The
department is required to prove, by a preponderance of the evidence,
that an aggrieved person has sustained actual injury.  In determining
whether to award damages for emotional injuries, and the amount of
any award for these damages, the commission shall consider relevant
evidence of the effects of discrimination on the aggrieved person
with respect to any or all of the following:
   (1) Physical and mental well-being.
   (2) Personal integrity, dignity, and privacy.
   (3) Ability to work, earn a living, and advance in his or her
career.
   (4) Personal and professional reputation.
   (5) Family relationships.
   (6) Access to the job and ability to associate with peers and
coworkers.
   The commission shall also consider the duration of the emotional
injury, and whether that injury was caused or exacerbated by an
aggrieved person's knowledge of a respondent's failure to respond
adequately to, or to correct, the discriminatory practice or by the
egregiousness of the discriminatory practice.
   (c) In addition to the foregoing, in order to vindicate the
purposes and policies of this part, the commission may assess against
the respondent, if the accusation or amended accusation so prays, an
administrative fine per aggrieved person per respondent, the amount
of which shall be determined in accordance with the combined amount
limitation of paragraph (3) of subdivision (a).
   (d) In determining whether to assess an administrative fine
pursuant to this section, the commission shall find that the
respondent has been guilty of oppression, fraud, or malice, expressed
or implied, as required by Section 3294 of the Civil Code.  In
determining the amount of fines, the commission shall consider
relevant evidence of, including, but not limited to, the following:
   (1) Willful, intentional, or purposeful conduct.
   (2) Refusal to prevent or eliminate discrimination.
   (3) Conscious disregard for the rights of employees.
   (4) Commission of unlawful conduct.
   (5) Intimidation or harassment.
   (6) Conduct without just cause or excuse.
   (7) Multiple violations of the Fair Employment and Housing Act.
   The moneys derived from an administrative fine assessed pursuant
to this subdivision shall be deposited in the General Fund.  No
administrative fine shall be assessed against a public entity.  The
commission shall have no authority to award punitive damages as a
remedy for a finding of employment discrimination.
   (e) In addition to the foregoing, in order to vindicate the
purposes and policies of this part, the commission may assess against
the respondent if the accusation or amended accusation so prays, a
civil penalty of up to twenty-five thousand dollars ($25,000) to be
awarded to a person denied any right provided for by Section 51.7 of
the Civil Code, as an unlawful practice prohibited under this part.
   (f) If the commission finds the respondent has engaged in an
unlawful practice under this part, and the respondent is licensed or
granted a privilege by an agency of the state to do business, provide
a service, or conduct activities, and the unlawful practice is
determined to have occurred in connection with the exercise of that
license or privilege, the commission shall provide the licensing or
privilege granting agency with a copy of its decision or order.
   (g) If the commission finds that a respondent has not engaged in
an unlawful practice under this part, the commission shall state its
findings of fact and determination and issue and cause to be served
on the parties an order dismissing the accusation as to that
respondent.
   (h) Any findings and determination made or any order issued
pursuant to this section shall be written and shall indicate the
identity of the members of the commission who participated therein.
   (i) Any order issued by the commission shall have printed on its
face references to the rights of appeal of any party to the
proceeding to whose position the order is adverse.
   (j) If the commission finds that a respondent has engaged in an
unlawful practice under this part, and it appears that this practice
consisted of acts described in Section 243.4, 261, 262, 286, 288,
288a, or 289 of the Penal Code, the commission, with the consent of
the complainant, shall provide the local district attorney's office
with a copy of its decision and order.
   (k) Notwithstanding Section 12960, if the commission finds that a
respondent has engaged in unlawful discrimination in housing under
Section 12948, the remedies afforded in Section 12987 or any other
provision in this part pertaining to housing discrimination, shall
apply.
  SEC. 14.  Section 12989.2 of the Government Code is amended to
read:
   12989.2.  In a civil action brought under Section 12989 or
12989.1, if the court finds that a discriminatory housing practice
has occurred or is about to occur, the court may award the plaintiff
or complainant actual and punitive damages and may grant other
relief, including the issuance of a temporary or permanent
injunction, or temporary restraining order, or other order, as it
deems appropriate to prevent any defendant from engaging in or
continuing to engage in an unlawful practice.  The court may, at its
discretion, award the prevailing party, other than the state,
reasonable attorney's fees and costs, including expert witness fees,
against any party other than the state.
  SEC. 15.  Section 12989.3 of the Government Code is amended to
read:
   12989.3.  (a) Whenever the Attorney General has reasonable cause
to believe that any person or group of persons is engaged in a
pattern or practice of denying to others the full enjoyment of any of
the rights granted by this article, or that any group of persons has
been denied any of the rights granted by this article and that
denial raises an issue of general public importance, the Attorney
General shall commence a civil action in any court.
   (b) Upon referral from the department, the Attorney General may
commence a civil action in any appropriate court for appropriate
relief with respect to a discriminatory housing practice referred to
the Attorney General by the department under subdivision (b) of
Section 12981.
   (c) A civil action under this section may be commenced not later
than the expiration of 18 months after the date of the occurrence or
termination of the alleged discriminatory housing practice.
   (d) The Attorney General shall commence a civil action in any
appropriate court for appropriate relief with respect to breach of a
conciliation agreement referred to the Attorney General by the
department.  A civil action shall be commenced under this paragraph
not later than the expiration of 90 days after the referral of the
alleged breach.
   (e) The Attorney General, on behalf of the department or other
party at whose request a subpoena is issued, under this article,
shall enforce that subpoena in appropriate proceedings in the court
for the judicial district in which the person to whom the subpoena
was addressed resides, was served, or transacts business.
   (f) In a civil action under this section, the court may award any
of the following:
   (1) Preventive relief, including a permanent or temporary
injunction, restraining order, or other order against the person
responsible for a violation of this title as is necessary to assure
the full enjoyment of the rights granted by this title.
   (2) Other relief as the court deems appropriate, including
monetary damages to persons aggrieved.
   (3) A civil penalty in an amount not exceeding fifty thousand
dollars ($50,000), for a first violation, and in an amount not
exceeding one hundred thousand dollars ($100,000), for any subsequent
violation.
   (g) In a civil action under this section, the court, in its
discretion, may allow the prevailing party, other than the state,
reasonable attorney's fees and costs, including expert witness fees,
against any party other than the state.
   (h) Upon timely application, any person may intervene in a civil
action commenced by the Attorney General under this section that
involves an alleged discriminatory housing practice with respect to
which that person is an aggrieved person or a conciliation agreement
to which that person is a party.  The court may grant appropriate
relief to any intervening party as is authorized to be granted to a
plaintiff in a civil action under Section 12989.2.
  SEC. 16. The amendments made by this act to Section 51.5 of the
Civil Code and to Sections 12926, 12927, and 12955 of the Government
Code do not constitute a change in, but are declaratory of existing
law.  
  SEC. 17.  Section 5.1 of this bill incorporates amendments to
Section 12926 of the Government Code proposed by both this bill and
SB 1185.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12926 of the Government Code, and (3) this bill
is enacted after AB 1185, in which case Section 5 of this bill shall
not become operative.
  SEC. 18.  (a) Sections 11.1 and 11.2 of this bill incorporate
amendments to Section 12955 of the Government Code proposed by both
this bill and SB 1098.  Sections 11.1 and 11.2 shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2000, (2) each bill amends Section 12955 of the
Government Code, (3) SB 1148 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after SB 1098, in
which case Sections 11, 11.3, 11.4, and 11.5, of this bill shall not
become operative.
   (b) Section 11.3 of this bill incorporates amendments to Section
12955 of the Government Code proposed by both this bill and SB 1148.
Section 11.3 shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2000, (2) each
bill amends Section 12955 of the Government Code, (3) AB 1670 is not
enacted or as enacted does not amend that section, and (4) this bill
is enacted after SB 1148, in which case Sections 11, 11.1, 11.2,
11.4, and 11.5 of this bill shall not become operative.
   (c) Sections 11.4 and 11.5 of this bill incorporate amendments to
Section 12955 of the Government Code proposed by this bill, SB 1098,
and SB 1148.  Sections 11.4 and 11.5 only become operative if (1) all
three bills are enacted and become effective on or before January 1,
2000, (2) all three bill amend Section 12955 of the Government Code,
and (3) this bill is enacted after SB 1148 and AB 1670, in which
case Sections 11, 11.1, 11.2, and 11.3, and of this bill shall not
become operative.