Text of PA HB 300 (2011)

PRINTER'S NO. 1674 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL No. 300 Session of 2011 INTRODUCED BY FRANKEL, SHAPIRO, JOSEPHS, BISHOP, B. BOYLE, K. BOYLE, BRADFORD, BRENNAN, BRIGGS, V. BROWN, BROWNLEE, BUXTON, CALTAGIRONE, CARROLL, COHEN, D. COSTA, P. COSTA, CRUZ, CURRY, DALEY, DAVIS, DELISSIO, DePASQUALE, DERMODY, DeWEESE, D. EVANS, FABRIZIO, FREEMAN, GERBER, GERGELY, HARKINS, JOHNSON, KAVULICH, W. KELLER, KIRKLAND, MAHONEY, MANN, McGEEHAN, MOUL, MUNDY, MYERS, M. O'BRIEN, PARKER, PASHINSKI, PAYTON, PRESTON, ROEBUCK, ROSS, SABATINA, SAMUELSON, SANTARSIERO, SANTONI, K. SMITH, M. SMITH, STURLA, THOMAS, VITALI, WAGNER, WATERS, WHEATLEY, WILLIAMS, YOUNGBLOOD AND DONATUCCI, APRIL 28, 2011 REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 28, 2011 AN ACT 1 Amending the act of October 27, 1955 (P.L.744, No.222), 2 entitled, as amended, "An act prohibiting certain practices 3 of discrimination because of race, color, religious creed, 4 ancestry, age or national origin by employers, employment 5 agencies, labor organizations and others as herein defined; 6 creating the Pennsylvania Human Relations Commission in the 7 Governor's Office; defining its functions, powers and duties; 8 providing for procedure and enforcement; providing for 9 formulation of an educational program to prevent prejudice; 10 providing for judicial review and enforcement and imposing 11 penalties," further providing for the title, for findings and 12 declaration of policy, for right to freedom from 13 discrimination in employment, housing and public 14 accommodation; defining "sexual orientation" and "gender 15 identity or expression"; and further providing for unlawful 16 discriminatory practices, for prohibition of certain real 17 estate practices, for powers and duties of commission, for 18 education program and for construction and exclusiveness of 19 remedy. 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 Section 1. The title and sections 2 and 3 of the act of 1 October 27, 1955 (P.L.744, No.222), known as the Pennsylvania 2 Human Relations Act, amended December 20, 1991 (P.L.414, No.51), 3 are amended to read: 4 AN ACT 5 Prohibiting certain practices of discrimination because of race, 6 color, religious creed, ancestry, sexual orientation, gender 7 identity or expression, age or national origin, by employers, 8 employment agencies, labor organizations and others as herein 9 defined; creating the Pennsylvania Human Relations Commission 10 in the Governor's Office; defining its functions, powers and 11 duties; providing for procedure and enforcement; providing 12 for formulation of an educational program to prevent 13 prejudice; providing for judicial review and enforcement and 14 imposing penalties. 15 Section 2. Findings and Declaration of Policy.-- 16 (a) The practice or policy of discrimination against 17 individuals or groups by reason of their race, color, familial 18 status, religious creed, ancestry, sexual orientation, gender 19 identity or expression, age, sex, national origin, handicap or 20 disability, use of guide or support animals because of the 21 blindness, deafness or physical handicap of the user or because 22 the user is a handler or trainer of support or guide animals is 23 a matter of concern of the Commonwealth. Such discrimination 24 foments domestic strife and unrest, threatens the rights and 25 privileges of the inhabitants of the Commonwealth, and 26 undermines the foundations of a free democratic state. The 27 denial of equal employment, housing and public accommodation 28 opportunities because of such discrimination, and the consequent 29 failure to utilize the productive capacities of individuals to 30 their fullest extent, deprives large segments of the population 20110HB0300PN1674 - 2 - 1 of the Commonwealth of earnings necessary to maintain decent 2 standards of living, necessitates their resort to public relief 3 and intensifies group conflicts, thereby resulting in grave 4 injury to the public health and welfare, compels many 5 individuals to live in dwellings which are substandard, 6 unhealthful and overcrowded, resulting in racial segregation in 7 public schools and other community facilities, juvenile 8 delinquency and other evils, thereby threatening the peace, 9 health, safety and general welfare of the Commonwealth and its 10 inhabitants. 11 (b) It is hereby declared to be the public policy of this 12 Commonwealth to foster the employment of all individuals in 13 accordance with their fullest capacities regardless of their 14 race, color, religious creed, ancestry, sexual orientation, 15 gender identity or expression, age, sex, national origin, 16 handicap or disability, use of guide or support animals because 17 of the blindness, deafness or physical handicap of the user or 18 because the user is a handler or trainer of support or guide 19 animals, and to safeguard their right to obtain and hold 20 employment without such discrimination, to assure equal 21 opportunities to all individuals and to safeguard their rights 22 to public accommodation and to secure housing accommodation and 23 commercial property regardless of race, color, familial status, 24 religious creed, ancestry, sexual orientation, gender identity 25 or expression, age, sex, national origin, handicap or 26 disability, use of guide or support animals because of blindness 27 or deafness of the user or because the user is a handler or 28 trainer of guide or support animals. 29 (c) This act shall be deemed an exercise of the police power 30 of the Commonwealth for the protection of the public welfare, 20110HB0300PN1674 - 3 - 1 prosperity, health and peace of the people of the Commonwealth 2 of Pennsylvania. 3 Section 3. Right to Freedom from Discrimination in 4 Employment, Housing and Public Accommodation.--The opportunity 5 for an individual to obtain employment for which he is 6 qualified, and to obtain all the accommodations, advantages, 7 facilities and privileges of any public accommodation and of any 8 housing accommodation and commercial property without 9 discrimination because of race, color, familial status, 10 religious creed, ancestry, sexual orientation, gender identity 11 or expression, handicap or disability, age, sex, national 12 origin, the use of a guide or support animal because of the 13 blindness, deafness or physical handicap of the user or because 14 the user is a handler or trainer of support or guide animals is 15 hereby recognized as and declared to be a civil right which 16 shall be enforceable as set forth in this act. 17 Section 2. Section 4(b) of the act, amended December 20, 18 1991 (P.L.414, No.51), is amended and the section is amended by 19 adding clauses to read: 20 Section 4. Definitions.--As used in this act unless a 21 different meaning clearly appears from the context: 22 * * * 23 (b) The term "employer" includes the Commonwealth or any 24 political subdivision or board, department, commission or school 25 district thereof and any person employing four or more persons 26 within the Commonwealth, but except as hereinafter provided, 27 does not include religious, fraternal, charitable or sectarian 28 corporations or associations, except such corporations or 29 associations supported, in whole or in part, by governmental 30 appropriations. The term "employer" with respect to 20110HB0300PN1674 - 4 - 1 discriminatory practices based on race, color, age, sex, 2 national origin, sexual orientation, gender identity or 3 expression or non-job related handicap or disability, includes 4 religious, fraternal, charitable and sectarian corporations and 5 associations employing four or more persons within the 6 Commonwealth. 7 * * * 8 (bb) The term "sexual orientation" means actual or perceived 9 heterosexuality, homosexuality or bisexuality. 10 (cc) The term "gender identity or expression" means actual 11 or perceived gender identity, appearance, behavior, expression 12 or physical characteristics whether or not associated with an 13 individual's assigned sex at birth. 14 Section 3. Section 5(a), (b), (c), (f), (g), (h) and (i) of 15 the act, amended or added December 20, 1991 (P.L.414, No.51), 16 July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326, 17 No.34), are amended to read: 18 Section 5. Unlawful Discriminatory Practices.--It shall be 19 an unlawful discriminatory practice, unless based upon a bona 20 fide occupational qualification, or in the case of a fraternal 21 corporation or association, unless based upon membership in such 22 association or corporation, or except where based upon 23 applicable security regulations established by the United States 24 or the Commonwealth of Pennsylvania: 25 (a) For any employer because of the race, color, religious 26 creed, ancestry, sexual orientation, gender identity or 27 expression, age, sex, national origin or non-job related 28 handicap or disability or the use of a guide or support animal 29 because of the blindness, deafness or physical handicap of any 30 individual or independent contractor, to refuse to hire or 20110HB0300PN1674 - 5 - 1 employ or contract with, or to bar or to discharge from 2 employment such individual or independent contractor, or to 3 otherwise discriminate against such individual or independent 4 contractor with respect to compensation, hire, tenure, terms, 5 conditions or privileges of employment or contract, if the 6 individual or independent contractor is the best able and most 7 competent to perform the services required. The provision of 8 this paragraph shall not apply, to (1) operation of the terms or 9 conditions of any bona fide retirement or pension plan which 10 have the effect of a minimum service requirement, (2) operation 11 of the terms or conditions of any bona fide group or employe 12 insurance plan, (3) age limitations placed upon entry into bona 13 fide apprenticeship programs of two years or more approved by 14 the State Apprenticeship and Training Council of the Department 15 of Labor and Industry, established by the act of July 14, 1961 16 (P.L.604, No.304), known as "The Apprenticeship and Training 17 Act." Notwithstanding any provision of this clause, it shall not 18 be an unlawful employment practice for a religious corporation 19 or association to hire or employ on the basis of sex in those 20 certain instances where sex is a bona fide occupational 21 qualification because of the religious beliefs, practices, or 22 observances of the corporation, or association. 23 (b) For any employer, employment agency or labor 24 organization, prior to the employment, contracting with an 25 independent contractor or admission to membership, to: 26 (1) Elicit any information or make or keep a record of or 27 use any form of application or application blank containing 28 questions or entries concerning the race, color, religious 29 creed, ancestry, sexual orientation, gender identity or 30 expression, age, sex, national origin, past handicap or 20110HB0300PN1674 - 6 - 1 disability or the use of a guide or support animal because of 2 the blindness, deafness or physical handicap of any applicant 3 for employment or membership. Prior to an offer of employment, 4 an employer may not inquire as to whether an individual has a 5 handicap or disability or as to the severity of such handicap or 6 disability. An employer may inquire as to the individual's 7 ability to perform the essential functions of the employment. 8 (2) Print or publish or cause to be printed or published any 9 notice or advertisement relating to employment or membership 10 indicating any preference, limitation, specification or 11 discrimination based upon race, color, religious creed, 12 ancestry, sexual orientation, gender identity or expression, 13 age, sex, national origin, non-job related handicap or 14 disability or the use of a guide or support animal because of 15 the blindness, deafness or physical handicap of the user. 16 (3) Deny or limit, through a quota system, employment or 17 membership because of race, color, religious creed, ancestry, 18 sexual orientation, gender identity or expression, age, sex, 19 national origin, non-job related handicap or disability, the use 20 of a guide or support animal because of the blindness, deafness 21 or physical handicap of the user or place of birth. 22 (4) Substantially confine or limit recruitment or hiring of 23 individuals, with intent to circumvent the spirit and purpose of 24 this act, to any employment agency, employment service, labor 25 organization, training school or training center or any other 26 employe-referring source which services individuals who are 27 predominantly of the same race, color, religious creed, 28 ancestry, sexual orientation, gender identity or expression, 29 age, sex, national origin or non-job related handicap or 30 disability. 20110HB0300PN1674 - 7 - 1 (5) Deny employment because of a prior handicap or 2 disability. 3 Nothing in clause (b) of this section shall bar any 4 institution or organization for handicapped or disabled persons 5 from limiting or giving preference in employment or membership 6 to handicapped or disabled persons. 7 (c) For any labor organization because of the race, color, 8 religious creed, ancestry, sexual orientation, gender identity 9 or expression, age, sex, national origin, non-job related 10 handicap or disability or the use of a guide or support animal 11 because of the blindness, deafness or physical handicap of any 12 individual to deny full and equal membership rights to any 13 individual or otherwise to discriminate against such individuals 14 with respect to hire, tenure, terms, conditions or privileges of 15 employment or any other matter, directly or indirectly, related 16 to employment. 17 * * * 18 (f) For any employment agency to fail or refuse to classify 19 properly, refer for employment or otherwise to discriminate 20 against any individual because of his race, color, religious 21 creed, ancestry, sexual orientation, gender identity or 22 expression, age, sex, national origin, non-job related handicap 23 or disability or the use of a guide or support animal because of 24 the blindness, deafness or physical handicap of the user. 25 (g) For any individual seeking employment to publish or 26 cause to be published any advertisement which in any manner 27 expresses a limitation or preference as to the race, color, 28 religious creed, ancestry, sexual orientation, gender identity 29 or expression, age, sex, national origin, non-job related 30 handicap or disability or the use of a guide or support animal 20110HB0300PN1674 - 8 - 1 because of the blindness, deafness or physical handicap of any 2 prospective employer. 3 (h) For any person to: 4 (1) Refuse to sell, lease, finance or otherwise to deny or 5 withhold any housing accommodation or commercial property from 6 any person because of the race, color, familial status, age, 7 religious creed, ancestry, sexual orientation, gender identity 8 or expression, sex, national origin or handicap or disability of 9 any person, prospective owner, occupant or user of such housing 10 accommodation or commercial property, or to refuse to lease any 11 housing accommodation or commercial property to any person due 12 to use of a guide animal because of the blindness or deafness of 13 the user, use of a support animal because of a physical handicap 14 of the user or because the user is a handler or trainer of 15 support or guide animals or because of the handicap or 16 disability of an individual with whom the person is known to 17 have a relationship or association. 18 (1.1) Evict or attempt to evict an occupant of any housing 19 accommodation before the end of the term of a lease because of 20 pregnancy or the birth of a child. 21 (2) Refuse to lend money, whether or not secured by mortgage 22 or otherwise for the acquisition, construction, rehabilitation, 23 repair or maintenance of any housing accommodation or commercial 24 property or otherwise withhold financing of any housing 25 accommodation or commercial property from any person because of 26 the race, color, familial status, age, religious creed, 27 ancestry, sexual orientation, gender identity or expression, 28 sex, national origin, handicap or disability of any person, the 29 use of a guide or support animal because of the blindness, 30 deafness or physical handicap of the user or because the user is 20110HB0300PN1674 - 9 - 1 a handler or trainer of support or guide animals or because of 2 the handicap or disability of an individual with whom the person 3 is known to have a relationship or association. 4 (3) Discriminate against any person in the terms or 5 conditions of selling or leasing any housing accommodation or 6 commercial property or in furnishing facilities, services or 7 privileges in connection with the ownership, occupancy or use of 8 any housing accommodation or commercial property because of the 9 race, color, familial status, age, religious creed, ancestry, 10 sexual orientation, gender identity or expression, sex, national 11 origin, handicap or disability of any person, the use of a guide 12 or support animal because of the blindness, deafness or physical 13 handicap of the user or because the user is a handler or trainer 14 of support or guide animals or because of the handicap or 15 disability of an individual with whom the person is known to 16 have a relationship or association. 17 (3.1) Refuse to permit, at the expense of a person with a 18 handicap, reasonable modifications of existing premises occupied 19 or to be occupied by such person if such modifications may be 20 necessary to afford such person full enjoyment of the premises, 21 except that, in the case of a rental, the landlord may, where it 22 is reasonable to do so, grant permission for a modification if 23 the renter agrees to restore the interior of the premises to the 24 condition that existed before the modification, with reasonable 25 wear and tear excepted. 26 (3.2) Refuse to make reasonable accommodations in rules, 27 policies, practices or services when such accommodations may be 28 necessary to afford such person equal opportunity to use and 29 enjoy a housing accommodation. 30 (4) Discriminate against any person in the terms or 20110HB0300PN1674 - 10 - 1 conditions of any loan of money, whether or not secured by 2 mortgage or otherwise for the acquisition, construction, 3 rehabilitation, repair or maintenance of housing accommodation 4 or commercial property because of the race, color, familial 5 status, age, religious creed, ancestry, sexual orientation, 6 gender identity or expression, sex, national origin or handicap 7 or disability of any person, the use of a guide or support 8 animal because of the blindness, deafness or physical handicap 9 of the user or because the user is a handler or trainer of guide 10 or support animals or because of the handicap or disability of 11 an individual with whom the person is known to have a 12 relationship or association. 13 (5) Print, publish or circulate any statement or 14 advertisement: (i) relating to the sale, lease or acquisition of 15 any housing accommodation or commercial property or the loan of 16 money, whether or not secured by mortgage, or otherwise for the 17 acquisition, construction, rehabilitation, repair or maintenance 18 of any housing accommodation or commercial property which 19 indicates any preference, limitation, specification, or 20 discrimination based upon race, color, familial status, age, 21 religious creed, ancestry, sexual orientation, gender identity 22 or expression, sex, national origin, handicap or disability or 23 because of the handicap or disability of an individual with whom 24 the person is known to have a relationship or association, or 25 (ii) relating to the sale, lease or acquisition of any housing 26 accommodation or commercial property which indicates any 27 preference, limitation, specification or discrimination based 28 upon use of a guide or support animal because of the blindness, 29 deafness or physical handicap of the user or because the user is 30 a handler or trainer of support or guide animals. 20110HB0300PN1674 - 11 - 1 (6) Make any inquiry, elicit any information, make or keep 2 any record or use any form of application, containing questions 3 or entries concerning race, color, familial status, age, 4 religious creed, ancestry, sexual orientation, gender identity 5 or expression, sex, national origin, handicap or disability or 6 because of the handicap or disability of an individual with whom 7 the person is known to have a relationship or association in 8 connection with the sale or lease of any housing accommodation 9 or commercial property or loan of any money, whether or not 10 secured by mortgage or otherwise for the acquisition, 11 construction, rehabilitation, repair or maintenance of any 12 housing accommodation or commercial property, or to make any 13 inquiry, elicit any information, make or keep any record or use 14 any form of application, containing questions or entries 15 concerning the use of a guide or support animal because of the 16 blindness, deafness or physical handicap of the user or because 17 the user is a handler or trainer of support or guide animals, in 18 connection with the lease of any housing accommodation or 19 commercial property. 20 (7) Construct, operate, offer for sale, lease or rent or 21 otherwise make available housing or commercial property which is 22 not accessible. 23 (8) Discriminate in real estate-related transactions, as 24 described by and subject to the following: 25 (i) It shall be unlawful for any person or other entity 26 whose business includes engaging in real estate-related 27 transactions to discriminate against any person in making 28 available such a transaction or in the terms or conditions of 29 such a transaction because of race, color, religious creed, 30 ancestry, sexual orientation, gender identity or expression, 20110HB0300PN1674 - 12 - 1 national origin, sex, age, handicap or disability, use of a 2 guide or support animal because of a physical handicap or 3 because the user is a handler or trainer of guide or support 4 animals or familial status. 5 (ii) Nothing in this act prohibits a person engaged in the 6 business of furnishing appraisals of real property to take into 7 consideration factors other than race, color, religious creed, 8 ancestry, sexual orientation, gender identity or expression, 9 national origin, sex, age, handicap or disability, use of a 10 guide or support animal because of a physical handicap or 11 because the user is a handler or trainer of guide or support 12 animals or familial status. 13 (9) Nothing in this clause, regarding age or familial 14 status, shall apply with respect to housing for older persons. A 15 person shall not be held personally liable for monetary damages 16 for a violation of this act if the person reasonably relied, in 17 good faith, on the application of the exemption of this 18 subclause. A person may only prove good faith reliance on the 19 application of the exemption of this subclause by proving that 20 at the time of the act complained of all of the following 21 applied: 22 (i) The person had no actual knowledge that the housing was 23 not eligible for exemption under this subclause. 24 (ii) The owner or manager of the housing had stated 25 formally, in writing, that the housing complied with the 26 requirements for exemption under this subclause. 27 (10) Nothing in this clause shall bar any religious or 28 denominational institution or organization or any charitable or 29 educational organization which is operated, supervised or 30 controlled by or in connection with a religious organization or 20110HB0300PN1674 - 13 - 1 any bona fide private or fraternal organization from giving 2 preference to persons of the same religion or denomination or to 3 members of such private or fraternal organization or from making 4 such selection as is calculated by such organization to promote 5 the religious principles or the aims, purposes or fraternal 6 principles for which it is established or maintained. Nor shall 7 it apply to the rental of rooms in a landlord-occupied rooming 8 house with a common entrance, nor with respect to discrimination 9 based on sex, the advertising, rental or leasing of housing 10 accommodations in a single-sex dormitory or rooms in one's 11 personal residence in which common living areas are shared. 12 (11) Nothing in this act limits the applicability of the 13 Fair Housing Act and reasonable State or local restrictions on 14 the maximum number of occupants permitted to occupy a dwelling 15 or a reasonable restriction relating to health or safety 16 standards or business necessity. Owners and managers of 17 dwellings may develop and implement reasonable occupancy and 18 safety standards based on factors such as the number and size of 19 sleeping areas or bedrooms and the overall size of a dwelling 20 unit so long as the standards do not violate the Fair Housing 21 Act or State or local restrictions. 22 (i) For any person being the owner, lessee, proprietor, 23 manager, superintendent, agent or employe of any public 24 accommodation, resort or amusement to: 25 (1) Refuse, withhold from, or deny to any person because of 26 his race, color, sex, religious creed, ancestry, sexual 27 orientation, gender identity or expression, national origin, or 28 handicap or disability, or to any person due to use of a guide 29 or support animal because of the blindness, deafness or physical 30 handicap of the user or because the user is a handler or trainer 20110HB0300PN1674 - 14 - 1 of support or guide animals, either directly or indirectly, any 2 of the accommodations, advantages, facilities or privileges of 3 such public accommodation, resort or amusement. 4 (2) Publish, circulate, issue, display, post or mail, either 5 directly or indirectly, any written or printed communication, 6 notice or advertisement to the effect that any of the 7 accommodations, advantages, facilities and privileges of any 8 such place shall be refused, withheld from or denied to any 9 person on account of race, color, religious creed, sex, 10 ancestry, sexual orientation, gender identity or expression, 11 national origin or handicap or disability, or to any person due 12 to use of a guide or support animal because of the blindness, 13 deafness or physical handicap of the user, or because the user 14 is a handler or trainer of support or guide animals, or that the 15 patronage or custom thereat of any person, belonging to or 16 purporting to be of any particular race, color, religious creed, 17 sex, ancestry, sexual orientation, gender identity or 18 expression, national origin or handicap or disability, or to any 19 person due to use of a guide or support animal because of the 20 blindness, deafness or physical handicap of the user or because 21 the user is a handler or trainer of support or guide animals, is 22 unwelcome, objectionable or not acceptable, desired or 23 solicited. 24 (3) Exclude or otherwise deny equal goods, services, 25 facilities, privileges, advantages, accommodations or other 26 opportunities to a person because of the handicap or disability 27 of an individual with whom the person is known to have a 28 relationship or association. 29 (4) Construct, operate or otherwise make available such 30 place of public accommodation, resort or amusement which is not 20110HB0300PN1674 - 15 - 1 accessible. 2 * * * 3 Section 4. Sections 5.3 and 7(i), (j) and (k) of the act, 4 amended December 20, 1991 (P.L.414, No.51), are amended to read: 5 Section 5.3. Prohibition of Certain Real Estate Practices.-- 6 It shall be an unlawful discriminatory practice for any person 7 to: 8 (a) Induce, solicit or attempt to induce or solicit for 9 commercial profit any listing, sale or transaction involving any 10 housing accommodation or commercial property by representing 11 that such housing accommodation or commercial property is within 12 any neighborhood, community or area adjacent to any other area 13 in which there reside, or do not reside, persons of a particular 14 race, color, familial status, age, religious creed, ancestry, 15 sexual orientation, gender identity or expression, sex, national 16 origin, handicap or disability, or who are guide or support 17 animal dependent. 18 (b) Discourage, or attempt to discourage, for commercial 19 profit, the purchase or lease of any housing accommodation or 20 commercial property by representing that such housing 21 accommodation or commercial property is within any neighborhood, 22 community or area adjacent to any other area in which there 23 reside, or may in the future reside in increased or decreased 24 numbers, persons of a particular race, color, familial status, 25 age, religious creed, ancestry, sexual orientation, gender 26 identity or expression, sex, national origin, handicap or 27 disability, or who are guide or support animal dependent. 28 (c) Misrepresent, create or distort a circumstance, 29 condition or incident for the purpose of fostering the 30 impression or belief, on the part of any owner, occupant or 20110HB0300PN1674 - 16 - 1 prospective owner or occupant of any housing accommodation or 2 commercial property, that such housing accommodation or 3 commercial property is within any neighborhood, community or 4 area adjacent to any other area which would be adversely 5 impacted by the residence, or future increased or decreased 6 residence, of persons of a particular race, color, familial 7 status, age, religious creed, ancestry, sexual orientation, 8 gender identity or expression, sex, national origin, handicap or 9 disability, or who are guide or support animal dependent within 10 such neighborhood, community or area. 11 (d) In any way misrepresent or otherwise misadvertise within 12 a neighborhood or community, whether or not in writing, that any 13 housing accommodation or commercial property within such 14 neighborhood or community is available for inspection, sale, 15 lease, sublease or other transfer, in any context where such 16 misrepresentation or misadvertising would have the effect of 17 fostering an impression or belief that there has been or will be 18 an increase in real estate activity within such neighborhood or 19 community due to the residence, or anticipated increased or 20 decreased residence, of persons of a particular race, color, 21 familial status, age, religious creed, ancestry, sexual 22 orientation, gender identity or expression, sex, national 23 origin, handicap or disability, or the use of a guide or support 24 animal because of the blindness, deafness or physical handicap 25 of the user. 26 Section 7. Powers and Duties of the Commission.--The 27 Commission shall have the following powers and duties: 28 * * * 29 (i) To create such advisory agencies and conciliation 30 councils, local or state-wide, as will aid in effectuating the 20110HB0300PN1674 - 17 - 1 purposes of this act. The Commission may itself or it may 2 empower these agencies and councils to (1) study the problems of 3 discrimination in all or specific fields of human relationships 4 when based on race, color, familial status, religious creed, 5 ancestry, sexual orientation, gender identity or expression, 6 age, sex, national origin or handicap or disability, and (2) 7 foster, through community effort or otherwise, good will among 8 the groups and elements of the population of the State. Such 9 agencies and councils may make recommendations to the Commission 10 for the development of policies and procedure in general. 11 Advisory agencies and conciliation councils created by the 12 Commission shall be composed of representative citizens, serving 13 without pay, but the Commission may make provision for technical 14 and clerical assistance to such agencies and councils, and for 15 the payment of the expenses of such assistance. 16 (j) To issue such publications and such results of 17 investigations and research as, in its judgment, will tend to 18 promote good will and minimize or eliminate discrimination 19 because of race, color, familial status, religious creed, 20 ancestry, sexual orientation, gender identity or expression, 21 age, sex, national origin or handicap or disability. 22 (k) To submit an annual report for each fiscal year by the 23 following March 31 to the General Assembly, the Labor and 24 Industry Committee of the Senate and the State Government 25 Committee of the House of Representatives and the Governor 26 describing in detail the types of complaints received, the 27 investigations, status of cases, Commission action which has 28 been taken, how many were found to have probable cause, how many 29 were resolved by public hearing and the length of time from the 30 initial complaint to final Commission resolution. It shall also 20110HB0300PN1674 - 18 - 1 contain recommendations for such further legislation concerning 2 abuses and discrimination because of race, color, familial 3 status, religious creed, ancestry, sexual orientation, gender 4 identity or expression, national origin, age, sex, handicap or 5 disability or the use of a guide or support animal because of 6 the blindness, deafness or physical handicap of the user or 7 because the user is a handler or trainer of support or guide 8 animals, as may be desirable. 9 * * * 10 Section 5. Section 8 of the act, amended July 12, 1996 11 (P.L.684, No.117), is amended to read: 12 Section 8. Educational Program.--The Commission, in 13 cooperation with the Department of Education, is authorized to 14 recommend a multicultural educational program, designed for the 15 students of the schools in this Commonwealth and for all other 16 residents thereof, with emphasis on foreign cultural and 17 language studies, as well as on the basic shared precepts and 18 principles of United States culture, in order to promote 19 cultural understanding and appreciation and to further good will 20 among all persons, without regard to race, color, familial 21 status, religious creed, ancestry, sexual orientation, gender 22 identity or expression, age, sex, national origin, handicap or 23 disability. 24 Section 6. Section 12(b) of the act, amended December 20, 25 1991 (P.L.414, No.51), is amended to read: 26 Section 12. Construction and Exclusiveness of Remedy.-- 27 * * * 28 (b) Except as provided in subsection (c), nothing contained 29 in this act shall be deemed to repeal or supersede any of the 30 provisions of any existing or hereafter adopted municipal 20110HB0300PN1674 - 19 - 1 ordinance, municipal charter or of any law of this Commonwealth 2 relating to discrimination because of race, color, familial 3 status, religious creed, ancestry, sexual orientation, gender 4 identity or expression, age, sex, national origin or handicap or 5 disability, but as to acts declared unlawful by section five of 6 this act the procedure herein provided shall, when invoked, be 7 exclusive and the final determination therein shall exclude any 8 other action, civil or criminal, based on the same grievance of 9 the complainant concerned. If the complainant institutes any 10 action based on such grievance without resorting to the 11 procedure provided in this act, such complainant may not 12 subsequently resort to the procedure herein. In the event of a 13 conflict between the interpretation of a provision of this act 14 and the interpretation of a similar provision contained in any 15 municipal ordinance, the interpretation of the provision in this 16 act shall apply to such municipal ordinance. 17 * * * 18 Section 7. This act shall take effect in 30 days. 20110HB0300PN1674 - 20 -