Text of PA SB 1050 (2011)

PRINTER'S NO. 1204 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 1050 Session of 2011 INTRODUCED BY BROWNE, FERLO, FARNESE, BREWSTER, FONTANA, ERICKSON, STACK, COSTA, BLAKE, WASHINGTON, HUGHES, McILHINNEY AND DINNIMAN, MAY 10, 2011 REFERRED TO STATE GOVERNMENT, MAY 10, 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 findings and declaration of 12 policy, for right to freedom from discrimination in 13 employment, housing and public accommodation; defining 14 "sexual orientation" and "gender identity or expression"; and 15 further providing for unlawful discriminatory practices, for 16 powers and duties of commission, for prohibition of certain 17 real estate practices, for education program and for 18 construction and exclusiveness of remedy. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. The title and sections 2 and 3 of the act of 22 October 27, 1955 (P.L.744, No.222), known as the Pennsylvania 23 Human Relations Act, amended December 20, 1991 (P.L.414, No.51), 24 are amended to read: 25 AN ACT 1 Prohibiting certain practices of discrimination because of race, 2 color, religious creed, ancestry, sexual orientation, gender 3 identity or expression, age or national origin, by employers, 4 employment agencies, labor organizations and others as herein 5 defined; creating the Pennsylvania Human Relations Commission 6 in the Governor's Office; defining its functions, powers and 7 duties; providing for procedure and enforcement; providing 8 for formulation of an educational program to prevent 9 prejudice; providing for judicial review and enforcement and 10 imposing penalties. 11 Section 2. Findings and Declaration of Policy.-- 12 (a) The practice or policy of discrimination against 13 individuals or groups by reason of their race, color, familial 14 status, religious creed, ancestry, sexual orientation, gender 15 identity or expression, age, sex, national origin, handicap or 16 disability, use of guide or support animals because of the 17 blindness, deafness or physical handicap of the user or because 18 the user is a handler or trainer of support or guide animals is 19 a matter of concern of the Commonwealth. Such discrimination 20 foments domestic strife and unrest, threatens the rights and 21 privileges of the inhabitants of the Commonwealth, and 22 undermines the foundations of a free democratic state. The 23 denial of equal employment, housing and public accommodation 24 opportunities because of such discrimination, and the consequent 25 failure to utilize the productive capacities of individuals to 26 their fullest extent, deprives large segments of the population 27 of the Commonwealth of earnings necessary to maintain decent 28 standards of living, necessitates their resort to public relief 29 and intensifies group conflicts, thereby resulting in grave 30 injury to the public health and welfare, compels many 20110SB1050PN1204 - 2 - 1 individuals to live in dwellings which are substandard, 2 unhealthful and overcrowded, resulting in racial segregation in 3 public schools and other community facilities, juvenile 4 delinquency and other evils, thereby threatening the peace, 5 health, safety and general welfare of the Commonwealth and its 6 inhabitants. 7 (b) It is hereby declared to be the public policy of this 8 Commonwealth to foster the employment of all individuals in 9 accordance with their fullest capacities regardless of their 10 race, color, religious creed, ancestry, sexual orientation, 11 gender identity or expression, age, sex, national origin, 12 handicap or disability, use of guide or support animals because 13 of the blindness, deafness or physical handicap of the user or 14 because the user is a handler or trainer of support or guide 15 animals, and to safeguard their right to obtain and hold 16 employment without such discrimination, to assure equal 17 opportunities to all individuals and to safeguard their rights 18 to public accommodation and to secure housing accommodation and 19 commercial property regardless of race, color, familial status, 20 religious creed, ancestry, sexual orientation, gender identity 21 or expression, age, sex, national origin, handicap or 22 disability, use of guide or support animals because of blindness 23 or deafness of the user or because the user is a handler or 24 trainer of guide or support animals. 25 (c) This act shall be deemed an exercise of the police power 26 of the Commonwealth for the protection of the public welfare, 27 prosperity, health and peace of the people of the Commonwealth 28 of Pennsylvania. 29 Section 3. Right to Freedom from Discrimination in 30 Employment, Housing and Public Accommodation.--The opportunity 20110SB1050PN1204 - 3 - 1 for an individual to obtain employment for which he is 2 qualified, and to obtain all the accommodations, advantages, 3 facilities and privileges of any public accommodation and of any 4 housing accommodation and commercial property without 5 discrimination because of race, color, familial status, 6 religious creed, ancestry, sexual orientation, gender identity 7 or expression, handicap or disability, age, sex, national 8 origin, the use of a guide or support animal because of the 9 blindness, deafness or physical handicap of the user or because 10 the user is a handler or trainer of support or guide animals is 11 hereby recognized as and declared to be a civil right which 12 shall be enforceable as set forth in this act. 13 Section 2. Section 4(b) of the act, amended December 20, 14 1991 (P.L.414, No.51), is amended and the section is amended by 15 adding clauses to read: 16 Section 4. Definitions.--As used in this act unless a 17 different meaning clearly appears from the context: 18 * * * 19 (b) The term "employer" includes the Commonwealth or any 20 political subdivision or board, department, commission or school 21 district thereof and any person employing four or more persons 22 within the Commonwealth, but except as hereinafter provided, 23 does not include religious, fraternal, charitable or sectarian 24 corporations or associations, except such corporations or 25 associations supported, in whole or in part, by governmental 26 appropriations. The term "employer" with respect to 27 discriminatory practices based on race, color, age, sex, 28 national origin, sexual orientation, gender identity or 29 expression or non-job related handicap or disability, includes 30 religious, fraternal, charitable and sectarian corporations and 20110SB1050PN1204 - 4 - 1 associations employing four or more persons within the 2 Commonwealth. 3 * * * 4 (bb) The term "sexual orientation" means actual or perceived 5 heterosexuality, homosexuality or bisexuality. 6 (cc) The term "gender identity or expression" means actual 7 or perceived gender identity, appearance, behavior, expression 8 or physical characteristics whether or not associated with an 9 individual's assigned sex at birth. 10 Section 3. Section 5(a), (b), (c), (f), (g), (h) and (i) of 11 the act, amended or added December 20, 1991 (P.L.414, No.51), 12 July 12, 1996 (P.L.684, No.117) and June 25, 1997 (P.L.326, 13 No.34), are amended to read: 14 Section 5. Unlawful Discriminatory Practices.--It shall be 15 an unlawful discriminatory practice, unless based upon a bona 16 fide occupational qualification, or in the case of a fraternal 17 corporation or association, unless based upon membership in such 18 association or corporation, or except where based upon 19 applicable security regulations established by the United States 20 or the Commonwealth of Pennsylvania: 21 (a) For any employer because of the race, color, religious 22 creed, ancestry, sexual orientation, gender identity or 23 expression, age, sex, national origin or non-job related 24 handicap or disability or the use of a guide or support animal 25 because of the blindness, deafness or physical handicap of any 26 individual or independent contractor, to refuse to hire or 27 employ or contract with, or to bar or to discharge from 28 employment such individual or independent contractor, or to 29 otherwise discriminate against such individual or independent 30 contractor with respect to compensation, hire, tenure, terms, 20110SB1050PN1204 - 5 - 1 conditions or privileges of employment or contract, if the 2 individual or independent contractor is the best able and most 3 competent to perform the services required. The provision of 4 this paragraph shall not apply, to (1) operation of the terms or 5 conditions of any bona fide retirement or pension plan which 6 have the effect of a minimum service requirement, (2) operation 7 of the terms or conditions of any bona fide group or employe 8 insurance plan, (3) age limitations placed upon entry into bona 9 fide apprenticeship programs of two years or more approved by 10 the State Apprenticeship and Training Council of the Department 11 of Labor and Industry, established by the act of July 14, 1961 12 (P.L.604, No.304), known as "The Apprenticeship and Training 13 Act." Notwithstanding any provision of this clause, it shall not 14 be an unlawful employment practice for a religious corporation 15 or association to hire or employ on the basis of sex in those 16 certain instances where sex is a bona fide occupational 17 qualification because of the religious beliefs, practices, or 18 observances of the corporation, or association. 19 (b) For any employer, employment agency or labor 20 organization, prior to the employment, contracting with an 21 independent contractor or admission to membership, to: 22 (1) Elicit any information or make or keep a record of or 23 use any form of application or application blank containing 24 questions or entries concerning the race, color, religious 25 creed, ancestry, sexual orientation, gender identity or 26 expression, age, sex, national origin, past handicap or 27 disability or the use of a guide or support animal because of 28 the blindness, deafness or physical handicap of any applicant 29 for employment or membership. Prior to an offer of employment, 30 an employer may not inquire as to whether an individual has a 20110SB1050PN1204 - 6 - 1 handicap or disability or as to the severity of such handicap or 2 disability. An employer may inquire as to the individual's 3 ability to perform the essential functions of the employment. 4 (2) Print or publish or cause to be printed or published any 5 notice or advertisement relating to employment or membership 6 indicating any preference, limitation, specification or 7 discrimination based upon race, color, religious creed, 8 ancestry, sexual orientation, gender identity or expression, 9 age, sex, national origin, non-job related handicap or 10 disability or the use of a guide or support animal because of 11 the blindness, deafness or physical handicap of the user. 12 (3) Deny or limit, through a quota system, employment or 13 membership because of race, color, religious creed, ancestry, 14 sexual orientation, gender identity or expression, age, sex, 15 national origin, non-job related handicap or disability, the use 16 of a guide or support animal because of the blindness, deafness 17 or physical handicap of the user or place of birth. 18 (4) Substantially confine or limit recruitment or hiring of 19 individuals, with intent to circumvent the spirit and purpose of 20 this act, to any employment agency, employment service, labor 21 organization, training school or training center or any other 22 employe-referring source which services individuals who are 23 predominantly of the same race, color, religious creed, 24 ancestry, sexual orientation, gender identity or expression, 25 age, sex, national origin or non-job related handicap or 26 disability. 27 (5) Deny employment because of a prior handicap or 28 disability. 29 Nothing in clause (b) of this section shall bar any 30 institution or organization for handicapped or disabled persons 20110SB1050PN1204 - 7 - 1 from limiting or giving preference in employment or membership 2 to handicapped or disabled persons. 3 (c) For any labor organization because of the race, color, 4 religious creed, ancestry, sexual orientation, gender identity 5 or expression, age, sex, national origin, non-job related 6 handicap or disability or the use of a guide or support animal 7 because of the blindness, deafness or physical handicap of any 8 individual to deny full and equal membership rights to any 9 individual or otherwise to discriminate against such individuals 10 with respect to hire, tenure, terms, conditions or privileges of 11 employment or any other matter, directly or indirectly, related 12 to employment. 13 * * * 14 (f) For any employment agency to fail or refuse to classify 15 properly, refer for employment or otherwise to discriminate 16 against any individual because of his race, color, religious 17 creed, ancestry, sexual orientation, gender identity or 18 expression, age, sex, national origin, non-job related handicap 19 or disability or the use of a guide or support animal because of 20 the blindness, deafness or physical handicap of the user. 21 (g) For any individual seeking employment to publish or 22 cause to be published any advertisement which in any manner 23 expresses a limitation or preference as to the race, color, 24 religious creed, ancestry, sexual orientation, gender identity 25 or expression, age, sex, national origin, non-job related 26 handicap or disability or the use of a guide or support animal 27 because of the blindness, deafness or physical handicap of any 28 prospective employer. 29 (h) For any person to: 30 (1) Refuse to sell, lease, finance or otherwise to deny or 20110SB1050PN1204 - 8 - 1 withhold any housing accommodation or commercial property from 2 any person because of the race, color, familial status, age, 3 religious creed, ancestry, sexual orientation, gender identity 4 or expression, sex, national origin or handicap or disability of 5 any person, prospective owner, occupant or user of such housing 6 accommodation or commercial property, or to refuse to lease any 7 housing accommodation or commercial property to any person due 8 to use of a guide animal because of the blindness or deafness of 9 the user, use of a support animal because of a physical handicap 10 of the user or because the user is a handler or trainer of 11 support or guide animals or because of the handicap or 12 disability of an individual with whom the person is known to 13 have a relationship or association. 14 (1.1) Evict or attempt to evict an occupant of any housing 15 accommodation before the end of the term of a lease because of 16 pregnancy or the birth of a child. 17 (2) Refuse to lend money, whether or not secured by mortgage 18 or otherwise for the acquisition, construction, rehabilitation, 19 repair or maintenance of any housing accommodation or commercial 20 property or otherwise withhold financing of any housing 21 accommodation or commercial property from any person because of 22 the race, color, familial status, age, religious creed, 23 ancestry, sexual orientation, gender identity or expression, 24 sex, national origin, handicap or disability of any person, the 25 use of a guide or support animal because of the blindness, 26 deafness or physical handicap of the user or because the user is 27 a handler or trainer of support or guide animals or because of 28 the handicap or disability of an individual with whom the person 29 is known to have a relationship or association. 30 (3) Discriminate against any person in the terms or 20110SB1050PN1204 - 9 - 1 conditions of selling or leasing any housing accommodation or 2 commercial property or in furnishing facilities, services or 3 privileges in connection with the ownership, occupancy or use of 4 any housing accommodation or commercial property because of the 5 race, color, familial status, age, religious creed, ancestry, 6 sexual orientation, gender identity or expression, sex, national 7 origin, handicap or disability of any person, the use of a guide 8 or support animal because of the blindness, deafness or physical 9 handicap of the user or because the user is a handler or trainer 10 of support or guide animals or because of the handicap or 11 disability of an individual with whom the person is known to 12 have a relationship or association. 13 (3.1) Refuse to permit, at the expense of a person with a 14 handicap, reasonable modifications of existing premises occupied 15 or to be occupied by such person if such modifications may be 16 necessary to afford such person full enjoyment of the premises, 17 except that, in the case of a rental, the landlord may, where it 18 is reasonable to do so, grant permission for a modification if 19 the renter agrees to restore the interior of the premises to the 20 condition that existed before the modification, with reasonable 21 wear and tear excepted. 22 (3.2) Refuse to make reasonable accommodations in rules, 23 policies, practices or services when such accommodations may be 24 necessary to afford such person equal opportunity to use and 25 enjoy a housing accommodation. 26 (4) Discriminate against any person in the terms or 27 conditions of any loan of money, whether or not secured by 28 mortgage or otherwise for the acquisition, construction, 29 rehabilitation, repair or maintenance of housing accommodation 30 or commercial property because of the race, color, familial 20110SB1050PN1204 - 10 - 1 status, age, religious creed, ancestry, sexual orientation, 2 gender identity or expression, sex, national origin or handicap 3 or disability of any person, the use of a guide or support 4 animal because of the blindness, deafness or physical handicap 5 of the user or because the user is a handler or trainer of guide 6 or support animals or because of the handicap or disability of 7 an individual with whom the person is known to have a 8 relationship or association. 9 (5) Print, publish or circulate any statement or 10 advertisement: (i) relating to the sale, lease or acquisition of 11 any housing accommodation or commercial property or the loan of 12 money, whether or not secured by mortgage, or otherwise for the 13 acquisition, construction, rehabilitation, repair or maintenance 14 of any housing accommodation or commercial property which 15 indicates any preference, limitation, specification, or 16 discrimination based upon race, color, familial status, age, 17 religious creed, ancestry, sexual orientation, gender identity 18 or expression, sex, national origin, handicap or disability or 19 because of the handicap or disability of an individual with whom 20 the person is known to have a relationship or association, or 21 (ii) relating to the sale, lease or acquisition of any housing 22 accommodation or commercial property which indicates any 23 preference, limitation, specification or discrimination based 24 upon use of a guide or support animal because of the blindness, 25 deafness or physical handicap of the user or because the user is 26 a handler or trainer of support or guide animals. 27 (6) Make any inquiry, elicit any information, make or keep 28 any record or use any form of application, containing questions 29 or entries concerning race, color, familial status, age, 30 religious creed, ancestry, sexual orientation, gender identity 20110SB1050PN1204 - 11 - 1 or expression, sex, national origin, handicap or disability or 2 because of the handicap or disability of an individual with whom 3 the person is known to have a relationship or association in 4 connection with the sale or lease of any housing accommodation 5 or commercial property or loan of any money, whether or not 6 secured by mortgage or otherwise for the acquisition, 7 construction, rehabilitation, repair or maintenance of any 8 housing accommodation or commercial property, or to make any 9 inquiry, elicit any information, make or keep any record or use 10 any form of application, containing questions or entries 11 concerning the use of a guide or support animal because of the 12 blindness, deafness or physical handicap of the user or because 13 the user is a handler or trainer of support or guide animals, in 14 connection with the lease of any housing accommodation or 15 commercial property. 16 (7) Construct, operate, offer for sale, lease or rent or 17 otherwise make available housing or commercial property which is 18 not accessible. 19 (8) Discriminate in real estate-related transactions, as 20 described by and subject to the following: 21 (i) It shall be unlawful for any person or other entity 22 whose business includes engaging in real estate-related 23 transactions to discriminate against any person in making 24 available such a transaction or in the terms or conditions of 25 such a transaction because of race, color, religious creed, 26 ancestry, sexual orientation, gender identity or expression, 27 national origin, sex, age, handicap or disability, use of a 28 guide or support animal because of a physical handicap or 29 because the user is a handler or trainer of guide or support 30 animals or familial status. 20110SB1050PN1204 - 12 - 1 (ii) Nothing in this act prohibits a person engaged in the 2 business of furnishing appraisals of real property to take into 3 consideration factors other than race, color, religious creed, 4 ancestry, sexual orientation, gender identity or expression, 5 national origin, sex, age, handicap or disability, use of a 6 guide or support animal because of a physical handicap or 7 because the user is a handler or trainer of guide or support 8 animals or familial status. 9 (9) Nothing in this clause, regarding age or familial 10 status, shall apply with respect to housing for older persons. A 11 person shall not be held personally liable for monetary damages 12 for a violation of this act if the person reasonably relied, in 13 good faith, on the application of the exemption of this 14 subclause. A person may only prove good faith reliance on the 15 application of the exemption of this subclause by proving that 16 at the time of the act complained of all of the following 17 applied: 18 (i) The person had no actual knowledge that the housing was 19 not eligible for exemption under this subclause. 20 (ii) The owner or manager of the housing had stated 21 formally, in writing, that the housing complied with the 22 requirements for exemption under this subclause. 23 (10) Nothing in this clause shall bar any religious or 24 denominational institution or organization or any charitable or 25 educational organization which is operated, supervised or 26 controlled by or in connection with a religious organization or 27 any bona fide private or fraternal organization from giving 28 preference to persons of the same religion or denomination or to 29 members of such private or fraternal organization or from making 30 such selection as is calculated by such organization to promote 20110SB1050PN1204 - 13 - 1 the religious principles or the aims, purposes or fraternal 2 principles for which it is established or maintained. Nor shall 3 it apply to the rental of rooms in a landlord-occupied rooming 4 house with a common entrance, nor with respect to discrimination 5 based on sex, the advertising, rental or leasing of housing 6 accommodations in a single-sex dormitory or rooms in one's 7 personal residence in which common living areas are shared. 8 (11) Nothing in this act limits the applicability of the 9 Fair Housing Act and reasonable State or local restrictions on 10 the maximum number of occupants permitted to occupy a dwelling 11 or a reasonable restriction relating to health or safety 12 standards or business necessity. Owners and managers of 13 dwellings may develop and implement reasonable occupancy and 14 safety standards based on factors such as the number and size of 15 sleeping areas or bedrooms and the overall size of a dwelling 16 unit so long as the standards do not violate the Fair Housing 17 Act or State or local restrictions. 18 (i) For any person being the owner, lessee, proprietor, 19 manager, superintendent, agent or employe of any public 20 accommodation, resort or amusement to: 21 (1) Refuse, withhold from, or deny to any person because of 22 his race, color, sex, religious creed, ancestry, sexual 23 orientation, gender identity or expression, national origin, or 24 handicap or disability, or to any person due to use of a guide 25 or support animal because of the blindness, deafness or physical 26 handicap of the user or because the user is a handler or trainer 27 of support or guide animals, either directly or indirectly, any 28 of the accommodations, advantages, facilities or privileges of 29 such public accommodation, resort or amusement. 30 (2) Publish, circulate, issue, display, post or mail, either 20110SB1050PN1204 - 14 - 1 directly or indirectly, any written or printed communication, 2 notice or advertisement to the effect that any of the 3 accommodations, advantages, facilities and privileges of any 4 such place shall be refused, withheld from or denied to any 5 person on account of race, color, religious creed, sex, 6 ancestry, sexual orientation, gender identity or expression, 7 national origin or handicap or disability, or to any person due 8 to use of a guide or support animal because of the blindness, 9 deafness or physical handicap of the user, or because the user 10 is a handler or trainer of support or guide animals, or that the 11 patronage or custom thereat of any person, belonging to or 12 purporting to be of any particular race, color, religious creed, 13 sex, ancestry, sexual orientation, gender identity or 14 expression, national origin or handicap or disability, or to any 15 person due to 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, is 18 unwelcome, objectionable or not acceptable, desired or 19 solicited. 20 (3) Exclude or otherwise deny equal goods, services, 21 facilities, privileges, advantages, accommodations or other 22 opportunities to a person because of the handicap or disability 23 of an individual with whom the person is known to have a 24 relationship or association. 25 (4) Construct, operate or otherwise make available such 26 place of public accommodation, resort or amusement which is not 27 accessible. 28 * * * 29 Section 4. Sections 5.3 and 7(i), (j) and (k) of the act, 30 amended December 20, 1991 (P.L.414, No.51), are amended to read: 20110SB1050PN1204 - 15 - 1 Section 5.3. Prohibition of Certain Real Estate Practices.-- 2 It shall be an unlawful discriminatory practice for any person 3 to: 4 (a) Induce, solicit or attempt to induce or solicit for 5 commercial profit any listing, sale or transaction involving any 6 housing accommodation or commercial property by representing 7 that such housing accommodation or commercial property is within 8 any neighborhood, community or area adjacent to any other area 9 in which there reside, or do not reside, persons of a particular 10 race, color, familial status, age, religious creed, ancestry, 11 sexual orientation, gender identity or expression, sex, national 12 origin, handicap or disability, or who are guide or support 13 animal dependent. 14 (b) Discourage, or attempt to discourage, for commercial 15 profit, the purchase or lease of any housing accommodation or 16 commercial property by representing that such housing 17 accommodation or commercial property is within any neighborhood, 18 community or area adjacent to any other area in which there 19 reside, or may in the future reside in increased or decreased 20 numbers, persons of a particular race, color, familial status, 21 age, religious creed, ancestry, sexual orientation, gender 22 identity or expression, sex, national origin, handicap or 23 disability, or who are guide or support animal dependent. 24 (c) Misrepresent, create or distort a circumstance, 25 condition or incident for the purpose of fostering the 26 impression or belief, on the part of any owner, occupant or 27 prospective owner or occupant of any housing accommodation or 28 commercial property, that such housing accommodation or 29 commercial property is within any neighborhood, community or 30 area adjacent to any other area which would be adversely 20110SB1050PN1204 - 16 - 1 impacted by the residence, or future increased or decreased 2 residence, of persons of a particular race, color, familial 3 status, age, religious creed, ancestry, sexual orientation, 4 gender identity or expression, sex, national origin, handicap or 5 disability, or who are guide or support animal dependent within 6 such neighborhood, community or area. 7 (d) In any way misrepresent or otherwise misadvertise within 8 a neighborhood or community, whether or not in writing, that any 9 housing accommodation or commercial property within such 10 neighborhood or community is available for inspection, sale, 11 lease, sublease or other transfer, in any context where such 12 misrepresentation or misadvertising would have the effect of 13 fostering an impression or belief that there has been or will be 14 an increase in real estate activity within such neighborhood or 15 community due to the residence, or anticipated increased or 16 decreased residence, of persons of a particular race, color, 17 familial status, age, religious creed, ancestry, sexual 18 orientation, gender identity or expression, sex, national 19 origin, handicap or disability, or the use of a guide or support 20 animal because of the blindness, deafness or physical handicap 21 of the user. 22 Section 7. Powers and Duties of the Commission.--The 23 Commission shall have the following powers and duties: 24 * * * 25 (i) To create such advisory agencies and conciliation 26 councils, local or state-wide, as will aid in effectuating the 27 purposes of this act. The Commission may itself or it may 28 empower these agencies and councils to (1) study the problems of 29 discrimination in all or specific fields of human relationships 30 when based on race, color, familial status, religious creed, 20110SB1050PN1204 - 17 - 1 ancestry, sexual orientation, gender identity or expression, 2 age, sex, national origin or handicap or disability, and (2) 3 foster, through community effort or otherwise, good will among 4 the groups and elements of the population of the State. Such 5 agencies and councils may make recommendations to the Commission 6 for the development of policies and procedure in general. 7 Advisory agencies and conciliation councils created by the 8 Commission shall be composed of representative citizens, serving 9 without pay, but the Commission may make provision for technical 10 and clerical assistance to such agencies and councils, and for 11 the payment of the expenses of such assistance. 12 (j) To issue such publications and such results of 13 investigations and research as, in its judgment, will tend to 14 promote good will and minimize or eliminate discrimination 15 because of race, color, familial status, religious creed, 16 ancestry, sexual orientation, gender identity or expression, 17 age, sex, national origin or handicap or disability. 18 (k) To submit an annual report for each fiscal year by the 19 following March 31 to the General Assembly, the Labor and 20 Industry Committee of the Senate and the State Government 21 Committee of the House of Representatives and the Governor 22 describing in detail the types of complaints received, the 23 investigations, status of cases, Commission action which has 24 been taken, how many were found to have probable cause, how many 25 were resolved by public hearing and the length of time from the 26 initial complaint to final Commission resolution. It shall also 27 contain recommendations for such further legislation concerning 28 abuses and discrimination because of race, color, familial 29 status, religious creed, ancestry, sexual orientation, gender 30 identity or expression, national origin, age, sex, handicap or 20110SB1050PN1204 - 18 - 1 disability or the use of a guide or support animal because of 2 the blindness, deafness or physical handicap of the user or 3 because the user is a handler or trainer of support or guide 4 animals, as may be desirable. 5 * * * 6 Section 5. Section 8 of the act, amended July 12, 1996 7 (P.L.684, No.117), is amended to read: 8 Section 8. Educational Program.--The Commission, in 9 cooperation with the Department of Education, is authorized to 10 recommend a multicultural educational program, designed for the 11 students of the schools in this Commonwealth and for all other 12 residents thereof, with emphasis on foreign cultural and 13 language studies, as well as on the basic shared precepts and 14 principles of United States culture, in order to promote 15 cultural understanding and appreciation and to further good will 16 among all persons, without regard to race, color, familial 17 status, religious creed, ancestry, sexual orientation, gender 18 identity or expression, age, sex, national origin, handicap or 19 disability. 20 Section 6. Section 12(b) of the act, amended December 20, 21 1991 (P.L.414, No.51), is amended to read: 22 Section 12. Construction and Exclusiveness of Remedy.-- 23 * * * 24 (b) Except as provided in subsection (c), nothing contained 25 in this act shall be deemed to repeal or supersede any of the 26 provisions of any existing or hereafter adopted municipal 27 ordinance, municipal charter or of any law of this Commonwealth 28 relating to discrimination because of race, color, familial 29 status, religious creed, ancestry, sexual orientation, gender 30 identity or expression, age, sex, national origin or handicap or 20110SB1050PN1204 - 19 - 1 disability, but as to acts declared unlawful by section five of 2 this act the procedure herein provided shall, when invoked, be 3 exclusive and the final determination therein shall exclude any 4 other action, civil or criminal, based on the same grievance of 5 the complainant concerned. If the complainant institutes any 6 action based on such grievance without resorting to the 7 procedure provided in this act, such complainant may not 8 subsequently resort to the procedure herein. In the event of a 9 conflict between the interpretation of a provision of this act 10 and the interpretation of a similar provision contained in any 11 municipal ordinance, the interpretation of the provision in this 12 act shall apply to such municipal ordinance. 13 * * * 14 Section 7. This act shall take effect in 30 days. 20110SB1050PN1204 - 20 -