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Home My WebLink AboutAttachment - Letter and Draft AB 5Mayor Ron Morrison Councilmembers Louie Natividad Jerry Cano Motta Rios Alejandra Sotclo-Solis City Manager Leslie Deese May 7, 2013 The Honorable Tom Ammiano California State Assembly State Capitol Building, Room 3146 Sacramento, CA 95814 FAX: (916) 319-2117 RE: AB 5 (Ammiano). Homelessness (as introduced) Letter of Opposition Dear Assembly Member Ammiano: +r-, CALIFORNIA Clirr r1VCORPORATVD ✓ The City of National City would like to go on record in opposition to Assembly Bill (AB) 5, which would create the Homeless Person's Bill of Rights and Fairness Act. While we appreciate the concept of this bill, homelessness is a complicated societal issue that cannot be adequately addressed with a broad program. California would be better served by targeting the root causes of homelessness and providing the resources to allow cities and counties to address the issue at the local level. The City of National City provides basic resources and outreach for homeless individuals that need assistance. The city departments that are primarily impacted by homeless issues include the police department, the fire department, the public works department, and the neighborhood services department. Annually, the City posts and removes approximately 25 homeless encampments, responds to hundreds of calls for service, and spends thousands of staff hours dealing with homeless issues and providing resources for the homeless. Last year alone, two fires were directly linked to homeless encampments in National City. The homeless situation significantly affects the City financially; passage of AB 5 would exponentially increase this cost. In addition, AB 5 would conflict with several current National City Municipal Code ordinances that pertain to loitering, camping, pan handling, and sleeping overnight in vehicles parked on public property. For these reasons, the City of National City opposes AB 5. Sincerely, Leslie Deese City Manager City of National City cc: National City Mayor and City Council Ben Hueso, Senator, State of California, FAX: (619) 409-7688 Kevin Baker, Deputy Chief Counsel, Assembly Judiciary Committee, FAX: (916) 319-2188 Paul Dress, Consultant, Assembly Republican Caucus, FAX: (916) 319-3902 Catherine Hill, League of California Cities, Regional Public Affairs Manager Kirstin Kolpitcke, League of California Cities, FAX: (916) 658-8240 1243 National City Boulevard; National Cit., California 91950 Tel.: (619) 336A330 Fax: (619) 336.4349 AB 5 Assembly Bill — AMENDED Page 1 of 44 AMENDED IN ASSEMBLY APRIL 8, 2013 CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION ASSEMBLY BILL No. 5 Introduced by Assembly Member Ammiano December 3, 2012 An act to-arrre, rct-ScLhv,i a,F,- -t-o add Part 2.2 (commencing with Section 53.1) to Division 1 the ENVY Code, a eme, _fth_ rd _ C_a_ r to amend Section 3.34.5 of the Elections Code, to amend Sections 11135, 12020, 12721, 1202G, 12920.1, 12930, 12931, 12940, 12944, 12055, 12955.0, 1205G.1, 1205G.2, and Section 4700 of the 1 +ferre arrd Iasi rtutrorrs CSC of the Civil Code, and to amend Section 11135 of the Government Code, relating to homelessness. LEGISLATIVE COUNSEL'S DIGEST AB 5, as amended, Ammiano. Homelessness. Existing fativ the Unruh Civil Rights Act, provides that all persons +th+n the state orc free and equal, regardless of their sex, race, color, religion, ancestry, national origin, disability, medieal coition, gerreti�mrfvrmation rrrarrtai status, or sexijal orientation, r , , ormerviees-Kroll-business establishments of every kind whatsoever. Existing law provides that no person in the state shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Existing law, the California raii rIforrrrati-erifftfif-stfrttts7seetleletter-itierttit77-gettefel-expres.sitYfiT-r, zed to be a club right, and --Hakes it unlawful for an employer rettgrorr-sex, gender, gender identity, gender e%pre press -or, sexuaorientation, marital status, national origin, ancestry, familial status, source of incomedisability, or geetie , Restrictive ifications, as specified. This bill would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, income level, mental illness, or physical disability, low income, sexual orientation, gender identity, citizenship, or immigration http://www.leginfo. ca. lov/pub./ 13- 14/b illlasm/ab_O 00 1 -00 5 0/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 2 of 44 status, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, , and while seeking services. The bill would provide that every person has the right to access public property, possess personal property, access public restrooms, clean water, affordable housing, educational supplies, as specified, emergency and nonemergency health care, confidentiality of medical records, assistance of legal counsel in specified proceedings, and restitution, under specified circumstances. The bill would provide civil and criminal immunity, and immunity from employer retaliation, to a public employee who provides assistance to a homeless person. The bill would require local law enforcement agencies to make specified information available to the public and report to the Attorney General on an annual basis with regard to enforcement of local ordinances against homeless persons and compliance with the act, as specified, thereby imposing a state -mandated local program. The bill would provide for judicial relief and impose civil penalties for a violation of the act. basis of 'housing status," would define that-i= porate the enurrzeratcd provisions by rerei tie- , L- V hibits This bill would require the State Department of Public Health to fund the provision of health and hygiene centers, as specified, for use by homeless persons in designated areas. This bill would provide that its provisions address a matter of statewide concern. The bill would provide that its provisions are severable. e-ptiTh e statutory provisions note�t The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: P4 1 SECTION 1. This act shall be known and may be cited as the http://www.leginfo. ca.gov/pub/ l 3-141'bill/asm/ab_0001-005 0/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 3 of 44 2 "I Iomeless Persons Dill of Rights and Fairness Act." Homeless 3 Person`s Bit! of Rights and Fairness Act. 4 SEC. 2. The Legislature finds and declares all of the following: 5 (a) In the State of California, there has been a long history of 6 discriminatory laws and ordinances that have disproportionately 7 affected people with low incomes and who are without homes, 8 including, but not limited to, all of the following: 9 (1) Jim Crow laws: After the Civil War, many states, especially 10 in the south, passed laws denying African Americans basic human 11 rights. In California, these laws also targeted Chinese immigrants. 12 In San Francisco, Chinese residents were forced to live in one area 13 of the city. The same segregation laws also prohibited interracial 14 marriage between Chinese and non -Chinese persons. 15 (2) Ugly laws: In 1867, San Francisco was the first city in the 16 country to pass a law making it illegal for people with "unsightly 17 or disgusting" disabilities to appear in public. In many cities, these 18 laws persisted until the 1970s. 19 (3) Anti-Okie laws: In 1937, California passed an Anti-Okie 20 law that criminalized "bringing or assisting in bringing" extremely 21 poor people into the state. The United States Supreme Court struck 22 down the law in 1941, when it declared that these laws are in 23 violation of the Commerce Clause commerce clause, and therefore 24 unconstitutional. 25 (4) Sundown -towns town ordinances: Town policies and real 26 estate covenants were aimed at preventing minorities, homeless 27 persons, and other persons considered to be socially undesirable 28 from remaining within city limits after sunset. Thousands of these 29 towns existed prior to the federal Civil Rights Act of 1968, which 30 made these ordinances and covenants illegal. P5 1 (5) Vagrancy laws: Vagrancy laws have been held to be 2 discriminatory on their face because they criminalize a persons 3 status rather than a behavior. Nevertheless, these laws existed in 4 California until the Legislature revised them in 1961, 5 (b) t 6 Act of living ordinances, often known as 7 "quality of life ordinances" and other similar ordinances, are the 8 modern reincarnations of laws of this kind. They are designed to 9 force homeless people to flee local jurisdictions. These local 10 ordinances result in de facto segregation as homeless people are 11 forced out of specific jurisdictions or out of specific neighborhoods 12 within jurisdictions. 13 14 homeless who have migrated these fi en rli re r-tJst -, riru1i re 15 These 16 practices tend to condemn large groups of inhabitants to dwell in 17 segregated districts or under depressed living conditions that result 18 in crowded, unsanitary, substandard, and unhealthful 19 accommodations. Furthermore, these policies result in 20 criminalization of homeless persons who choose not to do not 21 choose, or are unable, to migrate. 22 (c) Today, in the state, many people are denied the following: 23 (1) Housing due to their status of being homeless, living in a 24 shelter, a vehicle, the street, or the public domain. http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 4 of 44 25 26 also a person with A d+sab+l+ty. 27 fa) 28 (2) Employment due to their current status of being homeless 29 or living in a shelter or a vehicle on the street. 30 (4-} 31 (3) Housing and employment as a result of not having a fixed 32 or residential mailing address or having a post office box as a 33 mailing address. 34 t51 35 (4) Equal protection of the laws and due process by law 36 enforcement and prosecuting agencies. 37 ter) 38 (5) The ability to make certain purchases or enter certain contests 39 as a result of not having a fixed or residential mailing address or 40 having a post office box as a mailing address. P6 1 ("71 2 (6) Access to safe, clean restrooms, water, and hygienic supplies 3 necessary to maintain health, safety, and dignity, especially with 4 the proliferation of closures of public restrooms. 5 (d) Homeless persons are unfairly targeted by law enforcement, 6 often resulting in the violation of -the homeless persons' 7 constitutional rights. Lacking the resources necessary to obtain 8 adequate legal representation, homeless persons are often denied 9 relief or damages through the courts. 10 (e) Homeless person 11 rarely have 12 access to shelters, and when shelter is available, its conditions 13 can be so poor as to jeopardize their health and physical and mental 14 safety. 15 (f) Homeless persons are often forced to separate from loved 16 ones, give up their personal property, abandon pets, and make 17 other inhumane choices in order to access even minimal shelter. 18 (g) Lesbian, gay, bisexual, transgender, gender nonconforming, 19 and queer individuals often are forced to accept inappropriate or 20 unsafe accommodations to access publicly funded emergency 21 shelters. 22 {} 23 (h) Children in homeless families are denied the ability to 24 continue receiving education in their preferred school if their 25 family's shelter lies outside the boundaries of their former district. 26 27 (i) At the present time, many persons have been rendered 28 homeless as a result of a deep and prolonged economic recession, 29 a severe shortage of safe and affordable housing, a failed mental 30 health system, and a shrinking social safety net. 31 {r} 32 (j) Section 1 of Article I of the California Constitution provides 33 that "[a]II people are by nature free and independent and have 34 inalienable rights. Among these are enjoying and defending life 35 and liberty, acquiring, possessing, and protecting property, and 36 pursuing and obtaining safety, happiness, and privacy." 37 , http://www.leginfo. ca.gov/pub/ 13 -14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 5 of 44 38 del. 39 (k) Subdivision (a) of Section 7 of Article I of the California 40 Constitution provides, in part, that "[a] person may not be deprived P7 1 of life, liberty, or property without due process of law or denied 2 equal protection of the laws...." 3 (1) Concordant with this fundamental belief, a person should 4 not be subject to discrimination based on his or her housing status, 5 income level, -err mental or physical disability, sexual orientation, 6 gender identity, citizenship, or immigration status. Therefore, it 7 is the intent of the Legislature in enacting this act to protect the 8 rights of all Californians, regardless of their housing status, and 9 to ameliorate the adverse effects visited upon individuals and our' 10 of 11 homelessness on our communities. 12 SEC. 3. (a) It is the intent of the Legislature to enact legislation 13 that would, except when otherwise not permitted by federal law, 14 ensure that everyone in the state has the right to all of the 15 following: 16 (1) Access to income sufficient for survival, regardless of 17 employment status or criminal justice background, including, but 18 not limited to, the right to receive funds through public welfare 19 programs, private donations, collecting recyclable goods, or 20 soliciting donations in public spaces. 21 (2) Safe, decent, permanent, and affordable housing, as soon 22 as possible, and the right to be free from further dislocation, unless 23 and until safe, decent, permanent, and affordable housing is 24 available. 25 (3) Access to clean and safe facilities 24 hours a day, seven 26 days a week, with clearly identifiable staff able to react to safety 27 concerns, including, but not limited to, shelters and drop -in centers 28 that meet basic health, hygiene, and dignity needs, including any 29 special needs of lesbian, gay, bisexual, or transgender individuals, 30 youths, families, or those with mental illness or physical 31 disabilities. This includes the right of all individuals to secure 32 shelter without being required to state their gender or to share 33 confidential health information protected by the federal Health 34 Insurance Portability and Accountability Act of 1996 (Public Law 35 104-191). 36 (4) As a child enrolled in a publicly funded school, be provided 37 by his or her school with the supplies necessary to promote 38 academic success, including, but not limited to, backpacks, 39 textbooks, notebooks, pencils, pens, and appropriate academic 40 technology. P8 1 (5) Nonemergency health care and access to medical facilities 2 that provide quality care for both physical and mental needs. 3 (6) Access to emergency services, including, but not limited to, 4 emergency rooms at hospitals, shelters, drop -in centers, 5 rehabilitation centers, education, and special training, without 6 the possibility of being denied based on race, color, sex, language, 7 religion, political or other opinion, national or social origin, sexual 8 orientation, gender identity, mental or physical disability, income 9 level, housing status, citizenship, or immigration status. 10 (b) It is the intent of the Legislature to enact legislation that http://www.leginfo.ca.gov/pub/1 3 -14/bill/asm/ab_0001-005 0/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 6 of 44 11 would require al! state agencies to use the same definition for 12 "homeless persons or people" as follows: "Homeless" means 13 those individuals or families who lack a fixed, regular, and 14 adequate nighttime residence or who have primary nighttime 15 residence in a shelter, on the street, in a vehicle, in an enclosure 16 or structure that is not authorized or fit for human habitation, 17 substandard apartments, dwellings, doubled up temporarily with 18 friends or families, or staying in transitional housing programs. 19 'Homeless" also means any person residing anywhere without 20 tenancy rights, and families with children staying in a residential 21 hotel whether or not they have tenancy rights. 22 (c) It is the intent of the Legislature that publicly funded social 23 and health care services be offered in a sufficient quantity to meet 24 the population's needs, without barriers, including geographical 25 barriers, such as making locations inconvenient or creating 26 screen -out barriers, or prohibiting access due to a person's 27 inability to provide identification or criminal justice history, or 28 disability, in order that persons are reasonably able to reach and 29 use that service. 30 GCC. 3. 31 {a) This section shall be known, and may be cited, as the 32 Unruh Civil Rights Act. 33 { within the jurisdiction of this state er-e free and 34 equal, and no rnatter what their •sex, race, color, religion, ancestry, 35 36 , 37 , r , 38 privileges, or services in tall business establishments of every kind 39 rtriatsoever7 P9 1 ft:ris s .Brim 2 3 4 ancestry, i ttyr , 5 status, sexual orientation, or housing status, or to persons regardless 6 7 8 construction, alteration, repair, structuref er otnerwise, or 9 , 10 ., 11 12 13 14 15 16 17 18 19 20 21 22 (i) The individual's genets iiaii nstrue,J-ttratr-ji neat, rests ict, of alte (-21 (A)-"Gcrreti , 23 http://www.leginfo.ca.gov/publ13-14/bill/asm,/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 7 of 44 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 rrestation of a crises { AI se or rsorde enefi mativn" includes any r a t-frn, or receipt elf, genetic services, or participation in clinical research that of the individual. the sex or sae of anv individual. {3) "I lousing status" meastreetsns the status of having or not having r , , Rc�igierr"includes all aspects o`• 39 ebservance, and practice. P10 1 2 3 ' , 4 , 5 6 7 wlth the person's assigned sex et birth. 8 I I ! ! 7 I 9 , 14 , 11 the person has any parti 12 13 who has, or is perceived to have, 14 chare cterisithin the listed categories. 15 16 subdivision (s) of Section 12926 of the Govcrnntcnt Eodc 17 18 Americans with Disabilikies Act of 19 19 constitute a violation of this section. 20 SEC, 4. Part 2.2 (commencing with Section 53.1) is added to 21 Division 1 of the Civil Code, to read: 22 23 PART 2.2. HOMELESS PERSONS 24 25 53.1. For purposes of this part, the following definitions shall 26 apply: 27 28 29 geographicaarriers, such as making 30 itions related to pregnancy or childbirth. "Sex" c or character >,tics-vfl in r ) sl rail-�sf�v quantity to meet the population's needs th t b I d wr• ou err�ers, me u rng 31 inabty to provide identification or criminal justice history yr 32 disability, such that persons re reasonably table to reach and use 33 that service. 34 (a) "Access,' as applied to an existing facility, service, or public 35 space means the ability and permission to enter and make use of http:/r`www.leginfo.ca.gov/pub/13-14/billiasm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 8 of 44 36 the facility, service, or public space. Otherwise, "access" means 37 the offering or availability of a facility or service. 38 (b) "BID" means a business improvement district, as established 39 under Chapter 2 (commencing with Section 36520) of Part 6 of 40 Division 18 of, or Chapter 2 (commencing with Section 36620) of P11 1 Part 7 of Division 18 of, the Streets and Highways Code, or any 2 public -private partnership established under any municipal or 3 county law authorized under Chapter 1 (commencing with Section 4 36500) of Part 6 of Division 18 of, or Chapter 1 (commencing with 5 Section 36600) of Part 7 of Division 18 of, the Streets and 6 Highways Code, whether or not the phrase "business improvement 7 district" is part of the public -private partnership's name. 8 (c) "BID agent" means any person hired by a-bttsirress 9 BID or any other public -private partnership 10 similar to a business improvement district. 11 (d) "Damages" means, but is not limited to, losses. 12 (e) "Harassment" means any behavior cornmitted by law 13 t 14 that is meant to 15 intimidate or otherwise persuade an individual to alter his or her 16 behavior, whether or not otherwise lawful. 17 (f) om& ss" "Homeless persons" or "homeless people" 18 means those individuals or families-whe-lock lacking a fixed, 19 regular, and adequate nighttime residence, 20 or having a primary nighttime residence in a shelter, on the street, 21 in a vehicle, in an enclosure or structure that is not authorized or 22 fit for human habitation, in a substandard , 23 apartment, dwelling, staying temporarily with friends 24 or families, or staying in transitional housing programs - 25 or 26 residing anywhere without tenancy rights, and families with 27 children staying in a residential hotel whether or not they have 28 tenancy rights. 29 (g) "Housing status" means the status of having or not having 30 a fixed or regular residence, including the status of living on the 31 streets outdoors, in a vehicle, or in a homeless shelter, or similar 32 temporary residence or elsewhere in the public domain. 33 (h) "Lack of permanent mailing address" means the absence of 34 an address fixed to a permanent home, and may include, but is not 35 limited to, post office boxes, addresses of friends or family 36 members, and shelter addresses. 37 (i) "Lawful representative" means any person who has been 38 asked to advocate on behalf of a victim' person or any class that a 39 victim person identifies with, including, but not limited to, a 40 homeless victim's person's retained attorney, a nonprofit P12 1 organization that advocates on behalf of homeless victims persons, 2 or a prosecuting attorney upon the request of a homeless victim 3 person. 4 (j) "Losses" means, but is not limited to, any deprivation of 5 constitutionally held rights as well as the loss of property or 6 physical and mental wellbeing. 7 (k) "Low income" is defined as income at or lower than twice 8 the federal poverty level as established by the poverty guidelines 9 updated periodically in the Federal Register by the United States http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 9 of 44 10 Department of Health and Human Services under the authority of 11 Section 9902(2) of Title 42 of the United States Code. 12 (l) "Public service" means any program or activity that is 13 conducted, operated, or administered by the state, any state agency, 14 or local government agency, is funded directly by the state or any 15 local government, or received any financial assistance from the 16 state or any local government. 17 18 (m) "Public space" means any space that is predominantly within 19 the public domain or that is held open to the public, including, but 20 not limited to, plazas, courtyards, parking lots, sidewalks, public 21 transportation, public buildings and parks, and parks. "Public 22 space" may also refer to those places that receive additional 23 services through 8IDs or other, 24 similar public -private partnerships. 25 26 (n) "Rest" means the state of not moving, holding certain 27 postures that include, but are not limited to, sitting, standing, 28 leaning, kneeling, squatting, sleeping, or lying. 29 {m) 30 (o) "Soliciting donations" means asking for money, vrhich 31 includes panhandling. 32 53,2. 33 34 35 36 37 38 39 40 P13 1 2 intimidation, 3 4 5 e person s rights, privileges er access to p rom a ,deal illness or physical di ntsability. �ucn a person malt t e gran any other resident of this state. Lve, r peg son in the state, 1 cya, L a r r er physical disability, shall be free from all of the following: r p -vi rn i-az—se-Caritrp-ersnnrr , Lusirrass owners, property r r , iscrimrnation wniie see • g nomeress, 'act or permanen 6 {l - 7 J1 roc ,I1[J�cll fil'�ll 7 harassment in the workplace. 8 rr�1 i kcriminr,tinn while QPPI;i 9 10 11 shelter: g or malntalnrng nousrng or or selzui es or nis of ner persona 12 bags, or any other carrying or storage device, if the intervention 13 14 15 person in possession of the property. 16 17 limited to, public benefits, medical carc or h 18 {g) Discrimination rn completing all steps necessary to vote, 19 including obtaining decurrrei ri`at.rn r-1 r�ctasay for Dili . n ri, y 20 identification or otherwise needed for registering or voting. 21 {h) Discnmination when purchasr http:i,/www.leginfo. ca.govt'publ13-141bill/asmlab_0001-00501ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 10 of 44 22 23 including, but not limited to, banks, schools, government offices, 24 rind medical fac�lit�es 25 53.3. 26 53.2. (a) Every person in the state, regardless of actual or 27 perceived housing status, ' , 28 disafiilityr low income, sexual orientation, gender identity, 29 citizenship, or immigration status, shall have the right to all of the 30 following basic human rights and legal and civil protections, except 31 when prohibited by federal law: 32 Or) 33 (1) The right to-tts-e-ernd move freely in the same manner as any 34 other person in public spaces, including, but not limited to, plazas, 35 parking lots, public sidewalks, public parks, public transportation, 36 public streets, and public buildings, in the same manner as any 37 other person, and without discrimination by law enforcement, 38 public or private security personnel, or BID agents. 39 {ir} P14 1 (2) The right to rest and sleep in public spaces without being 2 subject to criminal or civil sanctions, harassment, or arrest by law 3 enforcement, public or private security personnel, or BID agents, 4 as long as such rest does not maliciously or substantially obstruct 5 a passageway. 6 te) 7 (3) The right to own and possess set down or leave at rest 8 personal property in public spaces without being subject to criminal 9 or civil sanctions, harassment, or arrest by law enforcement, public 10 or private security personnel, or BID agents, as long as that 11 personal property does not maliciously or substantially obstruct a 12 passageway, or the possession or placement of that personal 13 property does not deny another of the right to property. This 14 includes the right to restitution for loss of property or personal 15 effects and belongings if the property or personal effects are 16 confiscated, removed, damaged, or destroyed by law enforcement, 17 public or private security personnel, or BID agents in violation of 18 this paragraph or any other protections of property provided under 19 state or federal law. 20 fd-} 21 (4) The right to share, accept, or give food in public spaces 22 without being subject to criminal or civil sanctions, harassment, 23 or arrest by law enforcement, public or private security personnel, 24 or BID agents. 25 fej 26 (5) The right to the same protections that law enforcement 27 agencies afford tc &I _`h__r cti_errs the general public, including, 28 but not limited to, the right to reasonable protection from assault, 29 domestic violence, sexual assault, .____ _rime._, or robberies. 30 (f) The r;yht-tu-e ryage in life sustaining-activittc3 that-mrdot-be 31 32 'but not limited to, eattrrg, congregating, possessing and storing 33 , 34 ,luiI r- Ol Lu1 1 cbrtFoC7-aaILI rva 35 , 36 , http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 11 of 44 37 agents. 38 (6) The right to sleep, sit, lie down, stand, eat, solicit donations, 39 or share food in a public place or in a vehicle in a public place, 40 without being subject to criminal or civil sanctions or arrest by P15 1 law enforcement, public or private security personnel, or BID 2 agents, except that law enforcement may enforce existing local 3 laws if all of the following are true; (1) the person's county of 4 residence maintains 12 months per year of nonmedical assistance 5 provided for in Section 17000 of the Welfare and Institutions Code 6 for employable, able-bodied adults without dependents who are 7 compliant with program rules established by the county, including 8 work requirements; (2) the locality is not a geographical area 9 identified by the United States Department of Labor in accordance 10 with Subpart A of Part 654 of Section 20 of the Code of Federal 11 Regulations as an area of concentrated unemployment or 12 underemployment or an area of labor surplus; and (3) the public 13 housing waiting list maintained by the county contains fewer than 14 50 persons. 15 (7) The right to be self-employed, including, but not limited to, 16 the right to seek self-employment in junk removal and recycling 17 that requires the collection, possession, redemption, and storage 18 of goods for reuse and recycling, without being subject to criminal 19 or civil sanctions, harassment, or arrest by law enforcement, public 20 or private security personnel, or BID agents. 21 (g) 22 (8) The right to pray, meditate, or practice religion in public 23 spaces, without being subject to criminal or civil sanctions, 24 harassment, or arrest by law enforcement, public or private security 25 personnel, or BID agents. 26 {h) The right to 24 hours a day, seven days a week access to 27 clean and safe public restrooms 28 {i) The right to 24 hours a day, seven days a week access to 29 , 30 31 facilities. 32 33 34 35 of emp 36 but not 37 programs, P!ons, collecting recyclable goods, o 38 soliciting donations in public spaces. 39 40 P16 1 unless and until such time as safe, decent, permanent, affordable 2 housing is available. 3 4 5 6 7 including any special needs of lesbian, gy, bisexual, or transgender 8 Jy i ne right to access clean, rresn water nalma y avaiiaote to • e right to g hams or oatn�rtg. ccess income surricient for survlvai, regaraless grouna, Incfuaing, { , the rig p lean and safe facilities with clearly identifiable staff able to react o safety concerns, including, but not limited to, shelters and 9 physical disabilities, 10 (ni http://www. leginfo. ea.gov/pub/13- 1 4/bill/asm/ab_O 00 1 -00 5 0/ab_5... 5 i2/2013 AB 5 Assembly Bill — AMENDED Page 12 of 44 11 (9) The right to 12 decline admittance to a public or private shelter 13 or any other accommodation, including social services programs, 14 for any reason he or she sees fit, without facing criminal or civil 15 sanctions, harassment, or arrest, or threats of these actions, from 16 law enforcement, public or private security personnel, or BID 17 agents. 18 ter) 19 (10) The right to occupy vehicles a motor vehicle, as defined 20 in Section 415 of the Vehicle Code, or recreational vehicle, as 21 defined in Section 18010 of the Health and Safety Code, either to 22 rest, sleep, or use for the purposes of shelter, for 24 hours a dray, 23 provided that the vehicle is legally parked 24 on public property, without facing criminal or civil sanctions, 25 harassment, or arrest, or threats of these actions, from law 26 enforcement, public or private security personnel, or BID agents. 27 {rr) 28 (11) If the person is a child or youth, the right to state -tree} 29 federe+ enforcement of the educational protections under the federal 30 McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with 31 regard to Sections 11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II) 32 of Title 42 of the United States Code, which provide that a school 33 shall provide assistance to the parent or guardian of each homeless 34 child or youth (or, in the case of an unaccompanied youth, the 35 youth) to exercise the right to attend the parent's or guardian's (or 36 youth's) choice of school, and a school shall coordinate with the 37 local educational agency with jurisdiction for the school selected 38 by the parent or guardian (or youth), to provide transportation and 39 other necessary services. P17 1 {q) If a child or youth, the right to be provided, by his or her 2 , r 3 s, L ALLJuk, 4 r r 5 r btfth 6 r 7 ai a for both physical and mental needs 8 (-s) 9 (12) The right to be protected from disclosure of his or her 10 records and information -within from homeless shelters, medical 11 centers, schools, or any other service provider to law enforcement 12 agencies without appropriate legal authority, and the right to 13 confidentiality of personal records and information in accordance 14 with all limitations on disclosure established by the federal 15 Homeless Management Information Systems, the federal Health 16 Insurance Portability and Accountability Act of 1996-(f (Public 17 Law 104-191), and the federal Violence Against Women Act-€PTL. 18 (Public Law 103-322). 19 20 (13) The right to confidentiality of personal records regarding 21 housing status, income level, mental illness, -of physical disability, 22 sexual orientation, gender identity, citizenship, or immigration 23 status, and to protection from disclosure of such the information 24 and records to landlords and employers. 25 {u) The right to assistance of counsel many judicial pi oceeding http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 13 of 44 26 27 or 053.0 of the Penal Code, oratryr Hem provision of taw 28 29 listed on the notice to appear, 30 (14) (A) If a county chooses to initiate judicial proceedings 31 subject to Section 40508 of the Vehicle Code, Section 853.6, 853.7, 32 or 853.8 of the Penal Code, or any similar law authorizing arrest 33 for failure to appear or pay bail of the amount listed on the notice 34 to appear, the defendant shall be guaranteed the right to assistance 35 of counsel. The accused shall be advised of this right to counsel 36 before entering a plea, and any waiver of this right shall be explicit. 37 If the district attorney's office or its agent is representing the state 38 in any part of an infraction proceeding, the accused shall have the 39 right to assistance of counsel with regard to that infraction. P18 1 (B) The county where the citation was issued shall pay the cost 2 of providing counsel under this section. 3 (C) A county shall not use penalties under Section 1214.1 of 4 the Penal Code or any other civil assessment scheme in the 5 prosecution of municipal infractions unless the defendant was the 6 driver of a vehicle. 7 (v} 8 (15) The right to assistance of counsel in any civil or criminal 9 proceeding that may result in commitment to a public health 10 institution, 11 {w) The right to restitution for loss of property or personal 12 13 , d-or-destroyed by law 144 15 (16) The right to be free from arbitrary arrest, detention, or 16 deportation, handed over to another law enforcement agency, or 17 deported, without guarantees necessary for his or her timely 18 defense. 19 (b) This section shall not be construed to eliminate any 20 protection or right to representation available under Sections 5365 21 and 6500 of the Welfare and Institutions Code. 22 53.4. 23 53.3. (a) A public employee shall be tmmuna fioncivil of 24 criminal liability, arre} shall not be retaliated against by his or her 25 employer, for offering public resources to a homeless person in 26 order to protect that person from harm, including, but not limited 27 to, for offering or providing food, blankets, first -aid supplies, or 28 water. 29 (b) Any person or organization or water offering food in public 30 spaces to any person pursuant to this part shall not be subject to 31 criminal or civil sanctions, arrest, or harassment by law 32 enforcement, public or private security personnel, or BID agents. 33 { c) A rt'q-EJJr5crt rol ei i gfva s l aiJ , n ry -err 34 services in public spaces to any pt°rson pursuant to this part shall 35 .. 36 37 38 or CiV11 .sanCLIOrt5, at i es , i11-irut ua`ai i ic`1 a -eirr tcement, puoiic or rivate security personnel, or BID trejent-s-7 53.5. r .J, U 1. ral r 01 - Lite http:L1www.leginfo.ca.gov/pub/13-14/bill./asm/ab 0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 14 of 44 39 40 , P19 1 2 3 4 , 5 7 8 9 annttaf-basis 10 53.4. (a) Every local government and disadvantaged 11 unincorporated community within the state shall have sufficient 12 health and hygiene centers available 24 hours a day, seven days 13 a week, for use by homeless people. These facilities may be part 14 of the Neighborhood Health Center Program. 15 (b) For purposes of subdivision (a), the health and hygiene 16 centers shall be funded by the State Department of Public Health 17 through those county agencies that oversee public health programs, 18 and, at a minimum, shall contain public bathroom and shower 19 facilities. 20 (c) The State Department of Public Health shall distribute public 21 bulletins and notices identifying the facilities to be used as health 22 and hygiene centers. 23 (d) For purposes of this section, "disadvantaged unincorporated 24 community" means a fringe, island, or legacy community in which 25 the median household income is 80 percent less than the statewide 26 median household income. 27 53.5. (a) To ensure equitable and cost-effective enforcement 28 of the Homeless Person's Bill of Rights and Fairness Act (Ch. 29 Stats. 2013), every local law enforcement agency shall annually 30 compile and review the number of citations, arrests, and other 31 enforcement activities made pursuant to laws prohibiting the 32 following: 33 (1) Obstructing a sidewalk, whether by a person or personal 34 property. 35 (2) Loitering. 36 (3) Sitting. 37 (4) Lying down. 38 (5) Camping. 39 (6) Public lodging, including the prohibition specified in 40 subdivision (e) of Section 647 of the Penal Code. P20 1 (7) Sleeping in a public place. 2 (8) Soliciting donations. 3 (9) Soliciting donations at certain restricted locations, including 4 citing people for panhandling under Section 22520.5 of the Vehicle 5 Code. 6 (10) Bathing in public places. 7 (11) Sharing or receiving food. 8 (12) Inhabiting or sleeping in a vehicle. http://www.leginfo.ca.gov/pub/13-14/bill/asmiab_0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 15 of 44 9 (13) Violating public park closure laws. 10 (14) Crossing streets or highways at particular locations, 11 including subdivisions (c) and (d) of Section 21451 of, subdivision 12 (d) of Section 21453 of, subdivision (b) of Section 21456 of, Section 13 21461.5 of, subdivision (b) of Section 21950 of, Section 21954 of, 14 Section 21955 of, and subdivision (a) of Section 21956 of, the 15 Vehicle Code. 16 (15) Trespassing, unless the trespassing charge is coupled with 17 any misdemeanor or felony, except those misdemeanors that are 18 included in Section 372 of, and subdivisions (h) to (j), inclusive, 19 and subdivisions (1) and (m), of Section 602 of, the Penal Code. 20 (16) Any other local or state law enforced against homeless 21 persons and identified by the Attorney General's office, a city 22 attorney's office, or any nonprofit organization whose work or 23 mission includes assistance to research about, or advocate for, 24 poor and homeless people. 25 (b) A local law enforcement agency shall make this information 26 publicly available under the terms set forth in the California Public 27 Records Act (Chapter 3.5 (commencing with Section 6250) of 28 Division 7 of Title 1 of the Government Code). 29 (c) A local law enforcement agency shall report the information 30 specified in this section to the Attorney General's office on an 31 annual basis. 32 53.6. (a) Any person whose rights have been violated under 33 this part may enforce those rights and he or she, or his or her lawful 34 representative, may file a motion for relief in any trial or appellate 35 court with jurisdiction over the case as a matter of right. The court 36 shall act promptly on any motion for relief under this part. 37 (b) Any civil action alleging a violation of this part may be 38 brought against any person, entity, public entity, or public 39 employee. The court may award punitive damages, if applicable, 40 appropriate injunctive and declaratory relief, actual damages, P21 1 compensatory damages, general damages, special damages, 2 exemplary damages, statutory damages of one thousand dollars 3 ($1,000) per violation, if applicable, and reasonable attorneys' fees 4 and costs to a prevailing plaintiff. 5 6— 7 the same right as the general public to the full and free use of the 8 9 10 11 12 EC. 5. • .J .uun a •............ ..CC: public places. te) i or purposes of this section: 13 in d Sec_i n 92 of U e- n,ve� nment Cede 14 (2) °Medical condition" has the same rneanmg as dcftned trr 15 16 right of an individual under tl�� AilicI 17 18 a http ://www. leginfo. ca.gov/pub/ 13-14/billlasm/ab_0001-005 0lab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 16 of 44 19 EC. G. 20 reel-: 21 3222£3. 22 , -inclusive, -have access to 23 24 25 26 27 28 ' , nzrtinrral--Qr , � c4is'miriIik.y, yes i er, 29 gender identity, gender expression, or sexual orientation, as defined 30 in-subd;visi,m fs-) of Section 129-2.6-erf-the-Governmtent-Coderernd 31 32 33 34 35 fulfownry goals: 36 37 vi oiente- 38 39 40 P22 1 nrcie schoolsite with art 2 t,•t,q_/laI err seven rulraii morly ttteC[lort. 3 4 f 5 prevention 6 EC. 7. 7 reat : 8 354.5. (aj "3ignature" includes either of the following: 9 (1) A person' n iai ic-if the u rame of -the -yes so3 raffixing the mark 10 11 12 s thereto. For purposes of this paragraph,- 13 Itark, provided that the 14 15 16 icrtlLe eya,le rl�,rts-51,ecified in subdivision (c). 17 cis-pryvfded kn (1) of stvlslon 18 f air;inpressivrr-irtade by a signature stamp as pr i-'ed-in 19 , 20 . 21 (c) An autl lortL �:-r•r- -ram • =f 22 23 i eguired by this cede, provided t-ttat ait of , 24 , 25 (1) A sigl nature stamp used to obtain a ballot-oi vote by makk 26 baIlot in airy -iota scr i 27 http://www.leginfo.ca.govipub/1 3-14:'bilL'asmlab_0001-005 0/ab_5 ... 5 /2/2013 AB 5 Assembly Bill — AMENDED Page 17 of 44 28 29 30 9 set in e presence of the Secretary of State, his or her designee, the loca 31 local, state, or federal election unless the authorizcscr of the 32 33 , 34 35 with Section 3019 36 td) A signature affixed with a signature stamp by on authorized 37 38 manner as a signature made in writing. 39 (e)-A registered voter or any person who is eligible to vote, who 40 P23 1 subdivision (g), may use a sig 2 3 4 5 6 7 8 9 10 p only otter ne or snc tryst sunmits nls or ner arrraavit o registration or a new affidavi of registration, whichever is applicable, in the e using the signature stamp to sign the attiaavit• than January 1, 2009, regarding the use of signature stamps during g) The following definitions apply for pw puris- 11 is unable to write and who o 12 ([3) A person using the srg 13 of the stamp with the owner's expr moss Lu, rsCl 14 +n ner. 15 y >rvno, Dy vving 16 17 18 19 20 21 22 23 24 25 26 27 28 rgnature stamp. p y, 1C-1 J1- 5CI {Lt. �2) ;`Disability" means a medical condition, mental disability, )), [K), "wig p vernment Code. impression of any of the following: ins the Y. rkorsymboithati ptea ny the p {C) A signature of the name of a person with a disability that i made by another person and is adopted by the person with the Jecti o reao. t cil C 1 29 basis of race, 30 31 32 33 34 35 or receives any financial assistance from the state. Notwithstanding 36 , • etnnrc group age, sex, sexual orientation, color, genetic rntormation, arsanuity, by 37 Unrivers'ity. 38 tb' With y any state agency, y oy y, http://wvv-vv-.1eginfo.ca.gov/pub 13 -14/bill/asm/ab_0001-005 0/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 18 of 44 39 4d P24 1 Americans with Disobilities Act of 1000 (42 U.S.C. Sec. 12132), 2 3 , 4 5 6 7 prohibitions. aes protections and 8 or physical disabiti y, 9 (2} The Legislature aiietialeSilrat llre- iireiNlire,'t, 10 11 12 13 14 15 , 16 University, 17 18 , 19 20 + 21 22 , 23 24 by the California State 25 26 27 7 r r1r ,A^ II 28 T C e t tin 29 30 31 32 33 34 35 36 37 38 39 40 P25 1 2 3 4 5 6 {xrN i� s�ctioi r the prclvision of electronic or intormation 7 8 iespu, n1 to, and resolv.� a 9 10 (e) As used in this section, "sex" and "sexual orientation" have 11 12 and (s) of Section 1202G. 13 (f) As used in this section, "race, nattonal origin, ethnrc group abiii:ties Act of 10 function for successful employment in the current work world. t teennlYtogyaftd r r .J.L. In Part 11 J f-ti state or local enttty subjeet http:liwww.leginfo.ca.govlpub/13-14i'billlasm/ab_0001-00501ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 19 of 44 14 15 16 17 18 identification, religion, age, sex, y tnctuaes a percep person nas any or tnose naracteristics or tnat the person rs associates with a person w as, or is perceived to have, any of those characteristics. 19 definition as in paragra 20 the Civit Cede 21 (h) As t.rsed to this section, " 22 , 23 , , 24 . 25 GCC. 9. Gection 26 to read: 27 12920. 28 that it is necessary to protect and safeguard the right and 29 , r 30 v+tltllout-dtst -ii ntn ion-o - -1ii td�i (1cPri-or CI ri. �)H aLC,1 cin1rt u 31 crccd, color, national erIgrn, ancestry, physical disability, mental 32 , 33 , , , 34 orientation, or housing status. 35 36 tynn liar rite and discriminating in the terms of employment for 37 , 38 39 40 of eiriplcrree, cnr}rh,yers, and the public in general. P26 1 f ur tl tti , the pc, r 2 3 or sut)atv1sto (e f, r f L. i s al .J ....mow, presston, 4 5 6 It is the purpose of this part to provide c#fy 7 8 This part shall Lj .J al r �ccrufb p c- tnrervf Li re 9 10 11 ACC. 10. r__ . 2 9 2 L _ f t h_ !^ _ v t r e J - J_ A 13 12921 {a) The oppt,t turrrty to seek, vi.Jtthi r -ci rtH rvitt 14 15 16 disability, medical condition, genetic information, marital status, 17 y,9. niarttat status, nanonat ortgtn, anccstry, isobility, genetic information, o, housing . Latop rtod atie<t rs rts d� eta ► e d-hr l again rs L Fra l�n -,vti y . ,n ftotrsn ry-acwn n f color, national origin, ancestry, y, physical disabilit sex79-ell-eferTgerrefer-iti-errtity7'7ender-exTrressicyrr7Ergersextlef 18 orientation, 19 20 21 22 23 24 ility, gc, rtlrt, it rfv► mtrtiou, gnt. eert, y recog , Carol lg., sex, genaer, genaer identity, g f , national origin, ancestry, familial status, source of income, or any http://www.leginfo.ca.gov /pub/13-14ibill.iasmiab_0001-00501ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 20 of 44 25 26 nd declni ed to be a civil right 27 GCC. 11. 28 to read: 29 1202C As used in this part it connection wstn uniawrui 30 , 31 contextt 3 2 "` 33 f 34 reimbursement of oat of pocket expenses, hiring, transfers, 35 reassignments, gronts of tenare, promotions, cease and desist 36cirriers-rprystins--M-rratires7trairrittg-elf-p.ersterrregirtg , 37 , , 38 39 ' 40 P27 1 {c} "Cmpleyee" dots not include any ind• ividual emptoycd by 2 his er her parents, spouse, or chiid, or any inciividua► empioyGa 3 rin vfiPvvi I�al iOilZh 5 6 , 7 8 , , 9 "Cnivfoyei" due rvl include a religious-os!ociatier or 10 11 12 • 13 14 15 16 functions of the position. 17 18 , ' , iimitedto, any 19 ferllowing: 20 21 position exists is to perform that function- 22 {f3) 1 he function may be essential because of the limi 23 24 function can be distributed, 25 , 26 t• or her ex"pei tine or ability 27 tv punction. 28 29 includes, but is not limited to, the following: 30 31 (6) Wren-jeireh.' t ptioi rs-ptcpared-Ocferti�-oolvcrtitir g or 32 iiitcrvie»rii•irg-applicants for the job: 33 34 {p} ThczA t rLe5quiring the incumbent to perforrn 35 http://www.leginfo.ea.gov/publl 3 -14/bill/asmlab_0001-00 50/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 21 of 44 36 37 38 39 �e to nt nsv� a evtrel_ rm t gatrtn°rg-ay t Went . e current worK experience or Incumbents to simtJar Jobs. 40 inddual, inforrnation about any of the following: P28 1 2 3 4 5 { the g natviauai. 6 of, genetic services, or participation in clinical research that 7 includes genetic services, by an individual or arry-family member 8 9 10 the sex or age of any individual. 11 {h,) "l lousing status" means the status of havtng or not havtng 12 13 ,' , 14 resl 15 (t) "Labor organization" includes any organization that exrsts 16 , 17 bargaining :,r of dealing with iri (4-el cline, , 18 terms or conditions of employment, or of other mutual aid of 19 proteetion-. 20 21 22 23 24 25 26 27 28 29 increased risk of develop 30 31 32 33 34 35 36 37 38 39 P29 1 2 3 4 5 6 7 ewnere to the p ny hcz9+tiriirtpr,irtnent elated to of a��vt th egnosis of cancer or a record or hi y (2) Genetic characteristics. 1-or purposes of this section, "genetic Any scientifically or medically identifiable g chromosome, or combination or alteration thereof, that inown s k offspring, or that is determined to be associated with a statistical se }n 5eirliq �rvk d sLt.ia`ted-varL raiiy-Syiii}Alit ii� is -LA rdet. ( or ramtty member, tnet ate irtram isorder in to person or hi y derive from the individual prtng, a • U veiop or a aiseese or atsoroer, an tnet are presently not associatewttn any symptoms of any disease of �rrdei . 11 fbAbotntirrgt • y" includes, but is not limited to, all of the g any mental or psycnologtcal disorder or con dttton, uch as intellectual disability, organic brain syndrome, emoti ess, or sp g diseoiitttes, Jor rtre activity. I or purposes or tuts section. • accommodations, unless the mitigating measure itself limits http:.//www. leginfo. ca. gov/pub!13 -1 4 /billlasm/ab_0001-0050/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 22 of 44 8 major life activity. 9 10 jor e 8C y _-_._.. _ e. -o 11 12 13 , 14 {-2 itp-otittr-mtntrri or p.sitchtrfergical disorder or condition not 15 it,Lt agra 16 services. 17 18 Jis.n dcr-U1-.v„Y.}i•tioi rdestailied-i•i rvuragraph (1) or (2), which is 19 20 21 coverecierrt a , 22 23 icwt. 24 25 26 J 27 paragraph (1) or (2). 28 29 , J r 30 31 32 r (i) "On the bsscs-e 33 discrimination on the basis or one c 34 I'eligious creed, color, national origin, ancestry, pnysrcai aisaQiiity, 35 mental disability, medical condition, genetic information, marital 36 Status, sex, age, or sexual orientation. 37 , r 38 th-e-following-` P30 1 r , 2 r 3 foifowingt 4 5 , ' , IrtiL..uIUsk ttII,3pcLiL. 6 , 7 f 8 , 9 (-B-j-En it. cr, najo, fife -act rr-ty —pure 10 11 12 , easo, rai>fe uccc� i nvilet of Is, unless the mltrguting 13 14 15 16 iilukcsthe oc ' race, ocrinc. is section. f �tCIm+rred wrtlzoi.,t regard to mitigating aterr life activity. f 17 18 19 {2) Any other hetlltn imp 20 pea el u cat i escribed in paragrap 21 rrst ry sense, ctisoraei , condicion, http://www.leginfo.ca.gov/pub/ 13-14/bill/asm./ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 23 of 44 22 cosmetic disfigurement, anatornical loss, or health impairment 23 described in paragraph (1) or (2), which is known to the employer 24 or other entity covered by this part. 25 26 27 28 29 30 31 32 33 34 35 36 37 tovercd by this part as having, or having had, any physicaF ing y the einpioyer or other enuty 1 , , / ! , +rrrpail nTent that has no present disabli y pnysrcat ttisatrtilty as Caesc Itred In paragraph (1) or (2). psychoactive substance use disorders te r t.U�i�r gs. 38 of "disability" used in the federal An.ei-flalriai�;lrlies�n 39 40 civil rights of individuals with a mental disability or physicaF P31 1 disability, as defined in subdivision (k) or (m), or would include 2brirmeeRtibl-eonbition-not-ftteltided-wititirrthose-drefirritions-rtneirr 3 that broader protection or coverage shall be deemed incorporate 4 , 5 6 7 8 ion, marital status, sex, age, sexual orientation, or housing 9 status" includes a perception that the person has any of those 10 chars 11 fias, or is perceived to have, any of those eharacterlstics, 12 (p) "Reasonable accommodation" may include cithcr-oftho 3 following: 14 15 accessible to, and usable by, individuals with disabilities. 16 17 18 19 9, P ap I eassig, rt cant posi , equipment or devices, iadjustrnent or modifications of examinath g ntateriais or policies, the provision or q 20 tnt rpreters, anc 21 01 IfC31VIclUais 22 (q) "Religious creed," "religion," "religious observance," 23 "religious belief," and "creed" include all aspects of religious 24 belief, observance, and practice, including ,c+iyiods-L1,cas aln.l 25 26 , 27 , 28 is part of the observance by an individual of his or her religious 29 ci eed. "Religious grooming prercth '- } ra+i i,e-got rst7 ued broad{y 30 31 the observance by an individual of his or her religious creed. 32 33 34 ey • �tro«prey! ral rLy. r htt.p://www leginfo,ca.gov/pub'13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 24 of 44 35 36 , J 37 , 38 I expression. "Gendec.•presstorr�means a personrs 39 gender -related appearance and behavior whether or not 40 P32 1 J f 2 and-bisex�ttzritt r- 3 ft).-='5'cptbrvi-sorre-ar-s-rry-in-d+vitftra-Hlurifig-tite-eitrtnorityrirr 4 f f J , 5 r r 67 8 r f !f , J 9 10 reetririrry significant 11 f 12 13 14 s: ommooatio The overall finonc�al icsotnccs of the racnittes �nvorvea in 15 f 16 , 17 rCSetrrLeb vi fire ii,rija-et utirt1Wise of these accommodations eapen 18 the -operation -of th-e-ftyciftty-: 19 J tthe 20 21 J f f 22 €er i}e. . 23 (4) The type of operations, J f 24 25 r J 26 • 27 CCC. 12. to read 28 29 12926.1• ai ce or the entity. 30 31 32 33 r f 34 prior-to15065ulc + cf re-f - UI act, afforded additio . 35 36 dtsainiiitYr nrentai-LlisuLility, and medical condition. It is the intent f thLegislature that the definitions 37 oe of physical disability and 38 39 arc protected from discrimination due to an actual er perceived P33 1 r 2 ;sablii iv, of p ceiwtcl-as duscrU+' ig or potentially disabiing. 3 , 4 , , f 5 , r r f 6 r , http://www.leginfo.ca.gov/publ13-14/billlasm/ab 0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 25 of 44 7 8 9 10 11 12 b gci a 13 14 life activity shall be determined without respect to any mitigating 15 measures, unless the mitigating measure itself limits a major Life 16 , 17 Disabilities Act of 1900. Further, under the law of this state, 18 "wording" is a major life activity, regardless of whether the actual 19a ion pi a .. . 20 21 22 Community 23 gtslatu� e has determined that the defirrtH ns of "physics Ise an mental atsabtltty un require a "limitation" upon a major life acttvtty, but do not require, es -does -the feral Arrrertcans with Disabilities Aet of 1990, a „ suostantlai ttmttatron. t nis bisttnctton ge or employments. YI 24 25 26 27 28 29 30 J l.al. Ju, the Leg or state taw to ne tnaepenctent ut ti lc l ectera l AI I ICt , . al i5 47nl.i t isabilitres- c.l v , "limitationi a -ttratt =substantio{ Imitation" of a major H Y, Y g pgroph (4) of subdivis on (k) and pgph (4) o individual is erroneously or mista4tenky believed to have any (e) The Legislature affirms the importance of the intclatl tt� 31 p 32 determining a reasonable accommodation, as this requiremen 33 34 35 36 37 38 39 P34 1 2 3 4 5 6 7 8 9 10 11 r 12 13 14 15 16 tj�j"7thCEt1 1" c1 f - preti e g CCc. 13. �i�e department shall have the foElowing functions, PfnversJ (o)—To es is and maintain a prtnctpal office and any otlrtl part. y`ttri ally-vt,t-tle1]crttTe i reel --a ttJ-fa n 1iuI r-utu, J their s. YJ fi tons pro vtaea try iativ, anti prescri pon request and utilize the services of a g discriminationr of conciliation councils e t o eaopt, promulgate, amens, rotes ana regutattons to carry • to e tnvesttgatton, prosecution, pursuant to this part. investigate, meaiatc, ana p 17 complaints alleging practices made unlawful pursuant to Chapter 18 -G (comme 19 http://www.leginfo.ea.gov/pub "13-141bill/asmi'ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 26 of 44 20 21 or 54.2 of the Civi ures ar this 22 part shall be independent of zany other remeay or p 23 might apply. 24 25 26 Cection 120G0, 12061, or 12080: 27 28 29 30 31 32 33 34 35 36 37 38 P35 1 2 3 4 5 6 7 8 race, religious crezd, color, sex, g1 n et gender tdenttty, 9 , f I, 10 disability, genetic information, ei , us=n n ta• 11 , , , , r arrret 12 13 tie-eiryaarstaa,rt-to S ction 12000. 14 tk) To render annually to the Governor and to the Legislature 15 16 17 , r 18 end mediation at any time 19 20 21 ston en or after January 1, 2013: 22 23 24 , r r 25 26 27 damages, er for administrative fines, er both, with the consent of 28 r 29 LaSaLioir‘rinHn��<rt� ' 30 court. 31 (-2-j-ff satton was Issued under former Secttan 1298+7 32 33 r 34 accused of engaging in uniawful practices, the department may a physi adinirtme-witnesses-u et oath and take arrd affidavits. ,oks, records, documents, anti pnysicat macenais. nts, and physi tnterrogatortes. r the answering of ourts. of rt i c .ta LI r-U5 fi nis Ndgtr.c, R nd o romr e good wif and m,d-discritrri rrati Buse utici rOi http://www.leginfo.ca.govi pub/ 13-14/bill/asmlab_0001-0050 'ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 27 of 44 35 36 37 38 39 P36 1 2 3 4 5 6 ere rerr acpa retain the services of the Office of Adi I linistrative I ieerin-gs-to JVG. (n) On any Section 1094.5 Code of Civil Procedure challenge ,mission pending ploy v 1, ing the director or she+l consult rvt-h the Attorney Genera JLl 1Y. erection 7 ta-read-r 8 9 10 11 _w , I t? ref y LlisO pruatctc assr�tai n persons tnerern in resoivrng disputes, iaayi etr rents, or di 12 13 14 15 16 17 18 19 as , color, netronar origin, rancestry, yQiriiit I ref rtuy, I ieUiL , information, marital status, sex, gerrdct; xpression, romrri us, Age, sexual ostentation u-n,y pee ao,,s �n-ti rose-eu� rn rrairrttes u the Constitution or laws of the United Mates or of this state. The y when, in its judgment, isputes, disagreements, rzel! 20 are threatened thereby. The departmsae to be made 21 22 public body, or uy pirCLtly affet,let.F 23 trq any such dispute, d7sagttiet�re„l�� }iffi�critp- 24 25 , 26 frneh,e. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 P37 1 2 3 4 5 6 ACC. Ii1rCl). tl ti !Sal IICI up t;�mpational qualification, or, eeept where base upon applicable recur ity-tgtrF�rszis Nre-b,r7te�} Gtates or the State of California: 1iat10iloi u,itifn, ancestlyr iys ptit -h fscib'rtity, rr edical condition, geneti Y, , s, sex, gender, gender identity, gertcrer expression, age, sexuar orientation, of 9 pro9 g yment, or to bpi or to arscf,arge the pploy discriminate against the person in coinpensetion or in teems, i 1) This part does not prohibit an employer from refusing to ployer to any legal liabilriy lily frVIII Y, l ploy u Ll,c Jischarg CmproyeC vvlu r http://www.leginfo. ca.gov/pub/13-14/bill/asmlab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 28 of 44 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 P38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 duties in a manner trzat v ,s y regulate, to (4) NtL y- rttris p veterans. {5) (A) This part does not prohibrt $n er er from refusing terffrith'irrg-erl,rolf-ettPerierree-erlet-trerirtirig7 errtiyFeemrierr-Ith•frrg-trrrder-tTrrestftbiis-1.teel-reetCl i ti ry-pi o c.n i t Ci v i i 1,i0r-bchtruf, , univcrsitk.s, ei-tiacic o (b) Vor a tabor organization, because of the rote, religious creed, r ntentert f f l eir http://www.leginfo.ca.govipub/13-14/billiasm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 29 of 44 21 second class or segregated membership of to dtsci tminate againet 22toititaf , 23 origin, ancestry, physical disability, mental disability, mediLa`l 24 , , , 25 rdcntity, geirJer-exprressfor7-age7sextrai-orierrterttrsirrg r 26 status of the person in the election of officers of the labor 27 28 29 rson employed by an employer, 30 {c) f-ar airy pei5eir-u-'th nn�inate against any pe,sur-i r-±Iie 31 selection or training of that pry 32 y other training prograrn leading to employment 33 i�eeatrse of the race, religious creed, color, national origin, ancestry, 34 physical disability, mental disability, medical condition, genetic. 35 , 35 r r r 37 38 39 40 any nonjob related inquiry of an employee P39 1 verbs{ or through use of an a licati 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 corrdttion- 19 pp ppttcant, ertIre� tnat expresses, y or tnatrectty, any umttation spccirtcat on, or atscrtmtnation • inability, medical condition, g Isability, men rnari I. sex, genoc�r;--gcrretc,�r-telerrtit�q, genaer expression, ate; sexual orientation, or housing status, or any tntcnt to m of prohibit an employee Of employment agency rrom mqy ge or an appttcant, peatying ag pets or provtaes yr tt.at actton. pt as proviaea in paragrap ployer or emp{oymei c equri e psychological examination ror any rcvrLa y mea ycnotogicai inquiry or an applicant, to make any inquiry pplrcant has a mental disability or physical disability rythentatur 20 21 {2) Notwithstanding paragrap-h-(1), in gency may quire into the ability of an apphcar rin� �,�1 fo, r t r 22 for reesoiral a-.cvmmodation. 23 {3) Notwithstanding paragraph t1), an employer or employmen 24 agency may require a medical or psycl elog Ice -ex 1 AEI ratwr rt, 25 26 made but prior to the 27 commencement of employment duties, provided that the 28 29 necessity and that all entering employees in the same job 30 31 32 33 L 34 35 has a mental disability, physical disability, or ificatien are scr{r�LY �l xcept as provtaeparagrap ptoyment agency to t squire any rot ac ty ci i rp1vy'L r-vs pioyee, to mane any meatcat or psycnoiogica inquiry of an employee, to make any itgari q cv1rctllei alreittplvyL.. le lc condition, http://www. le ainfo.ca.gov/pub/13-14/billiasmiab_0001-0050/ ab_5.., 5/2/2013 AB 5 Assembly Bill — AMENDED Page 30 of 44 36 37 38 39 40 P40 1 2 3 4 5 6 7 8 111G1.0 of the Penal Code that prohibits retaliation against hespita 9 10 unity care facilities. 11 , 12 r , 13 14 15 16 (i} roi i3 17 doing 18 de so 19 , 20 progi rrn-ror erry training program leading 21 , r Figrotrs 22 , , , r r 23 , f f 24 , , r r r 25 r , 26 er tiiL cs- Ql octal it to a contract. l tarassment 27 , 28 pursuant to a contract by an employee, other than an agent or 29 , r 30 , 31 32 33 r 34 J 35 , 36 of the conduct u. rd-f+frto 37 38 no env e employer`s control acid any utiiei 39 tega+-resprmsibirat-ti-re-e-mpioyer-ma-rhave-vv+th-respeet-txr the 40 P41 1 2 3 4 5 6 to har. mcntL r 7 Sjrtl(ir.IlVp� t71 in. ILLL}' JCi.L [u VI ivii 8 9 ist.,i lrated by the employee, regardless of whether he employer 10 (2} Notrvitl rstar idiaragrapemplryment r5i�rl ttl r�cjt,U'i Cmtz ,,pioymetrt-aytncy may conduct voluntary medical r witiehrerre workslte7 r srstcd n any proceeding port, obet, tncite, compet, • or the DC , or to emp http://www.leginfo.ea.gov/pub/13-141bill/asm/ab 0001-00501ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 31 of 44 11 12 13 any person regularly employing one er mole-}�ers ns or regularly 14 15 , 16 employer directly or indirectly, the state, or any political or civil 17 „ 18 in subdivision (tf) of Section 1292G applies to all provisions of this 19 ccction other than this subdivision. 20 21 r 22 , 23 in Section 1292G 2 24 pproptective action. or purposes of this subdivision, "hat assmeI au 25 , 26 27 28 29 30 31 32 �J pregnancy, childbirth, or related medical conditions. ptrrstrerrt t ' a contra 11 "a person pt � v itflu ry-se v rLt� ans a person wno L ferkyarintretiter iat (,4) The person has the right to conttei-tie-i_rt-,`-viatrtre perforrma nee. 33 tt3) The person is customarily engaged in an independently 34 =stab- usfrres_. 35 36 , 37 38 u . 39 {k) for an employer, labo 40 apprenticeship training program, or any training pi'ograt n-faa tg P42 1 to employment, to fail to take all reasonable steps necessary to 2 3 employment agency, 4 refuse to hire or employ a person orta reft,s -tubs +eLLerile 5 6 7 8 9 10 11 12 13 14 excusing the person from tl, 15 16 17 reaset uaLly 18 undue hare 19 the cendtt 20 21 22 religious holy day or days, reasonable time necessary for Crave! 23 24 r~ur a ct arntng progM rt-o� ar, al vi-tu leading tD empm loyent, of- u-iJ ium, faaeold anrk[nitt�Vini r r f`recause of e conflict between the person's religious belief or observance and a�Yy-einl�ioyinent requirement, unless the employe► including the p tlrrtrt Ttir-t,tsz,t ilc religious tsc+ief or observance or permitting those duties to be p, VUSCi bal�Ce 9 on , o,r tror ottrei �irt,tq�uq�i i fry this part, Reltgtous belief of observance, as usedrn this section, http://www.leginfo.ca.gov/pub/ 13-14/bill./asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 32 of 44 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 P43 1 2 3 4 5 6 7 8 9 10 11 —p 12 a��U„�„�odation require employees or the public. utrea unae subdivision-( ecticn 5-I oFthe 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3EC. 1G. Gection 12O c Coverrrmmcn nr-ett ris-s c1iu r-tbat det`rminaticri exarntna n1 e rea y stt ar Ut38tfttlty on to nn Inatviu NeClttc lly a� n ry (-II ice VJ ppui Lui i;1� yui Udcln les Oi t eyuappi UVeu UY- icy tUu pri n pubiitation, se to be printed or c i culateq any e ztnv non job related 1. qurrsr, http://www.leginfo.ca.gov/pub/ 13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 33 of 44 38 race, r d, color national origin, aneesti y, physics} 39 , , 40 sex, gender, gender identity, gender expression, cn�Chcra+ P44 1 orientation, or housing status or any intent to make any su�lr 2 limitation, specification, or d,scr n nrnation. Nothing h r tl rrs 3 rrraitrrn r 4 , 6 7 8 9 10 11 12 13 14 trirri,ersorrbeeatrse-thre-re-rsod-a-corrrp-harrt-,--testifreci7or 15 16 17 18 19 20 21 22 23 r �a r is part. Y 67711rg irr dat�ZJ 1e }r f t re-t3 EJfTLa-Cru rr . n, "licensing boord mean board, agency, or authority in the Mate and Consumer Services t of [n ofessitn rai�tataa, 24 t,v 25 26 27 28 29 30 31 J af-n� C3averrn rat c . trszr, re l i n-ue-d, T-i- l-n rtu r statutes o , is amenae r t I y-lnrrn J H_, ,-rent ire rior� rtri roi ral origin er ancestry, sex, gender, gidentity, gender exressie -r edteal condrt,or, genetic information pon, ag 32 33 34 r 35 36 ; 37 Trs 38 If an Lxamination or other qual,ficctrtei rfer�tcel rstrn�-is 39 unkrAfal under tl-r-rs--s lion, that deteiinhratrtnr 40 shall not void, limit, re�eai, or otherwise :affect any right, privilege, P45 1 , 2 3 extrrrrinption or qua iification. 4 5 6 7 8 ecgtraf employment 9 ;rrt ;k_,; ,r[_rp vet by the commission, 10 http://tivww .leginfo.ca.gov/pub/13-14/bill,/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 34 of 44 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 pr P46 1 2 3 4 5 GEC. 1D. meet cn 9 of tl �e Gev r1 reacs- 129J5. ©GL. is am ti.,f applications for lic y 6 sex, gender, gender identity, gender expression, sexual orientation, 7 i vestry, familial status, source of 8 inoPme, disability, genetic 9 person. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 gainst o I a use pres�ivi sC , or housing e any housing Sl-a • Sti i ❑1 r e I ommOo tIon. c) or any p i,ig to purchase, rent, rnalie, print, or puoiisn, http://www.leginfo.Ca.gov/pub! 13-14/billlasm/ab_0001-0050,/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 35 of 44 25 preference, Itrn;tatton, or discrimtnatton. 26 27 the C•tii• tl Code, 28 t 29 gender identity, gender expression, sexual orientation, color, race, 30 religion, ancestry, national origin, familial status-trt�7 itai status 31 32 or on any other basis prohibited by that section. Sc+cction 33 34 35 in housing. 36 (e) For any person bank mort 37 , 38 organization, or construction of any housing accommodation to 39 discriminate against any person or g�utr� b�tt�rf 40 t , P47 1 ' 2 ancestry, familial status, source of income, disability, genetic 3 4 relating to the obtaining or use of that financial assistance. 5 (f) For any owner of housing accommodations to harass, evict, 6person in the sale or rents} 7 9 udder this section, informed la�v enforcement agencies of practice 10 bciieved unlawful under this section, has testified or assisted in 11 12 to exercise or enjoy the rights secured by this part. Nothing herein 13 !J l l IiG7 TUGUZV LQU SL ZJT LTCJ . ppttes to Housing 14 oction. 15 (g) for any p 16 17 18 19 20 prospective entry 21 22 23 gatnsr any p , soar, lnclte, comps r-c aorng or any or the acts or practices declale dzr, section, or to att,mpt to do so. {h) for any person, for profit, to tnduce any person to -seal Vr rent any dwelling ny representations regarding the entry or -genaer, UT11 rn nS tghborhood of a person of persons of u psi hLu}at t ace, color , religion, sex, get rthi , get! fd-el t gender expression, sexual orientation, lDItIty, gene 24 national origin, 25 y, ancestry, 9 III.. UltI , I011n y person or otnLr organtzatton or entity 26 27 any person in making available a transaction , or-frrtite-t-ern-rs-arrtel 28 conditions of a transaction, because oF-1 act, 29 30 31 32 tj) To deny a person access to, or mem+oership cr participatic 33 34 35 36 ancestry, disability, genetic information, familia} stptt s, sours` 37 income, nations! o; igin or housing status. 38 , rettgion, sex, artLat status, nationat ortgtn, ancestry, source or income, iambi atus, disc-bility, genetic information, or housing status. httpi/www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 36 of 44 39 40 gender identity, gender expression, sexual ortentatron, P48 1 status, source of incorn e, disability, genetic information, nationa 2 3 4 5 6 7 8 9 10 11 Cection G5000j; that mane Housing opportunittes una�artabte. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 paid by the tenant. 31 (pj (1) Cor the purpos 32 come paid directly to a tenant or pair} 33 terrarrt. far the ction, 34 35 36 ill!' 'voice of into 37 38 ACC. 10. 39 P49 1 of tnts section, 12955.0. or purposes cf th s arttcic, in connection tivt 2 unlawful practices: 3 4 5 6 7 8 9 10 11 12 If y this part, that demonstrates an Hied hts }r rrt�e1 so ,�atetnany if race, color, reltgron sex, gender, gender identity, g p•ression, sex• ual oric rttstivi r-i rr�n itol status, national origi http://www.leginfo. ca. gov/pub/13-14,/billlasmlab_0001 -0050,/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 37 of 44 13 14 15 16 that has the effect, regardless of sntent, of unlawfully discriminating g a aiscriminatory verea oy tnss part, 17 J J , 18 19 , 20 genetic information, 21 22 23 practice in violation of this part if the business establishment can 24 establish that the action or Inaction is necessary to the operation 25 of the business and effectively can rep -mat tfiy,rif�,ci �rn�;lre�� 26 27 , 28 wed d scrim'net ory effect shell not be considered to have 29 ., . 30 31 32 33 34 35 36 37 with e less di criminatory 38 39 40 P50 1 g I.JI aLtrt>r 1I I +/sotatlun ut tnss Jai if tl-+e person can establish that the action or inaction is necessary to achieve an important purpose sufflctently cosnpclling the dssersminzatory effect and effectively carries out the purpose it would equally well or better-erecoi rp;ish the pui a ialr t} (2) for purposes of this subdivision, the term "business oyes the Civil Code. 2 to-reach- 3 r J V . J . 1:777illl.J li C.ULIC Ib dlll�ilU �. n this section "associatson," "govern7ng 4 documents," and "declaration" have the same meanings as set or 5 in Sections 4000, 4135, and 41�0 of the Civil Code. 6 , 7 company, real estate broker, real estate agent, or association that 8 provides e copy of e declaration, governing document, or deed -to 9 10 the previously recorded document or documents stating, in at leas 11 14 posnt boldface type, the following; 12 "If thi Y 13 14 orientation, familial status, marital status, disability, genetic 15 16 17 18 19 20 21 pe 22 23 API ,J ancestry, g status, restrscnon vitiates state ana reaerai rair Housing laws ana is voia, 24 25 ng 9 status." eq Yp 9 paragrap ss not apptY r recoraation to a county recoraer. press purpo3 hap://www. leginfo. ca.gov/pub/13-14/billiasm/ab_O 001 -0050/ab_5... 5/21 2013 AB 5 Assembly Bill — AMENDED Page 38 of 44 26 27 28 29 30 31 32 Tile--Lornrt-rrecorder shall not incur any liability for recording the tftn ninent. Notwithstanding any oth-er provision of lauv, fit- �Ce. 21. Gection 33 to-reerd' 34 35 36 37 38 Modification. The county recorder may choose to waive the fec 39 40 ii i ti Ic arc of tt ie-i ftud+fit -tioi I d-ocument provided P51 1 2 i 3 4 stricken. 5 { -)—Being the modification document, the county 6 7 8 9 wivt 10 11 12 13 14 15 16 17 18 19 20 21 hook and page or instrument number, and date et the recoraing. 22 , 23 24 25 d- cr-the 26 27 , 28 i estrictions h8u 29 30 same as the effective date of the orig 31 at e1nmenr Loae I nersrnp tnte rcet-of-air ntnining the unlawfully S 7yt* I79 to record the mod�ficatian pai8yiaph, I IIL. ounty retarder shall make available to the public 32 33 (f) If th-e-hofc+eitrf-crrvvn'ershipHltt rest-b 34 35 f 36 Lvunty i =ems Jt, sh H- crt-i,�tvi liaiatiity fig recording the document. 37 38 http://www.leginfo.ca.gov/pub:'13-14/billlasmlab_0001-005O1ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 39 of 44 39 P52 1 2 3 4 5 6 GEC. 22. Gection 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 to -reed:. cr rrenrhecf qq s eppx,, �.., v. ��vu ��I�y ��u ., U.J, llI IIL.JJ LI 1'J JG fJl O IJIVif5 covere errrpfotirrrerrt-ornEteet-trnt-crf-s-ex-or-rrre-dteerFeorrdittorr strati -be ide retirement, peoy e n Fit, riisch al rL. Fa, r, . t rind e Civi 32 0CC_ 23. fcn 33 34 35 violation of Section 243.4, 2G1, 273e, Z73d, 2G5, 20G, Z0t3, 2t3Ba, 36 {1} ofi Secctfon 314, Scet °rClE1'7.G, or 37 7 38 v entree defined in Section 137G0, committ 39 40 P53 1 of the person with e d-i-saiiHtt.9 2 , 3 4 5 6 7 courtroom. i he judge may nesses in the 8 9 rtroom. 10 http:llwww.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 40 of 44 11 12 13 14 15 16 17 18 19 20 21 22 23 defined in subdivisi 24 €ade- 25 EC. 24. eetion 12 die ib`t*rie-err is t n�rs Cede rs 26 -amended to rood: 27 28 29 30 31 32 33 34 35 36 37 38 39 P54 1 2 3 tb-) "Abuse nLans 4 trrfeido._ l la gulations pc 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 under-citractu 24 odc-` . ctuaes, http://www.leginfo.ca.govlpubi 13-14. billlasm..iab_0001-00501ab 5... 5.i2./2013 AB 5 Assembly Bill — AMENDED Page 41 of 44 25 26 27 28 29 30 community living arrang people wrtn at55C?ttttte8, including a group home, a board and care home, an individuaF idertee em errt of a person with e dii+i 7 provided, a day program a juvenile detention facility, narnetess- nester, a fait, or a pi ison, tnctudtng ail general areas, as as special, th, e 31 any t 32 -of the tieatth and Cafety Code and any facility that is 33 34 35 Thee -tit also includes a public or private school or other institution 36 or-prtnurairr-i.noviding education, training, habilitation, therapeutic, 37 or residential services to persons with disabilities, 38 (f) "Legal guardian," "conservator," or ;'legal representative" 39 40 , P55 1 conservator or Legal reprCsentative, as appropriate. \AJith respect 2 to an individual described under pal aggraph (2) of subdivision (i), 3 4 v,ZIrt rtzri tr trltir-taindividual With 5 respect to an individual described under potographs (1) of (3) of 6 , 7 8 the parent of a minor who has legal custody of the minor. These 9terers-tio-nort-frrefttrie-a-pers-on-ereti-rrg-sotety-as-errepreentative 10 11 attorney or other person acting on behalf of an individual with 12 disability , 13 her designee who is responsible for the provision of tleat„re,rt of 14 services to an individual with a disability. 15 (g) "Neglect" means a negligent act, or omission to act, that 16 17 and -regulations pertaining to the authority of protection and 18 19 Untted States Cody, �ectton J 1.2 of Title 42 of the Code of f- 20 21 22 23 24 of the Penal Code. r r• gulotions. "Neglect" 25 26 27 28 29 30 31 32 33 34 35 36 is code orSe ject to abuse or neglect, os is at significant ri glect, exists'vhen the protection and aovacacy agency aetermines that it is objectively teasoi rzLie-foi a person to entertain thot belief. The individual ma�tng a probable drawn from his or her experience or training garding sin�ila� abuse or neglect. Information supporting p probable cause determination may result from monitoring or other activities, j of T r gttgent oct, or orr that would constitute neglect as that term is defined in subdivision (b) J. ry 37 nonprofit corporation designated by the Governor in this state 38 39 rights -of persons with disabilities, including the fotlowir,y. of Section 15G10. http:I/www.leginfo. ca.gov/pub/13-14/bill/asm/ab_0001-005 0/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 42 of 44 P56 1 2 3 flights Act of 2000 contained r,r£fla re,Icry it►t 4 f-tic 42 of the United States Code. 5 6 talky II1 Individuals Amendments 7 8 9 10 Arnertcans ti 11 12 13 14 15 16 17 18 19 20errrment Code), as 21 22 Governm 23 24 25 , 26 27 28 29 30 31 32 33 34 35 —toff. 36 SEC. 5. Section 11135 of the Government Code is amended to 37 read: 38 11135. (a) No person in the State of California shall, on the 39 basis of race, national origin, ethnic group identification, religion, 40 age, sex, sexual orientation, color, housing status, genetic P57 1 information, or disability, be unlawfully denied full and equal 2 access to the benefits of, or be unlawfully subjected to 3 discrimination under, any program or activity that is conducted, 4 operated, or administered by the state or by any state agency, is 5 funded directly by the state, or receives any financial assistance 6 from the state. Note.'ithstanding Section 11000, this section applies 7 to the California State University. 8 (b) With respect to discrimination on the basis of disability, 9 programs and activities subject to subdivision (a) shall meet the 10 protections and prohibitions contained in Section 202 of the federal 11 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), 12 and the federal rules and regulations adopted in implementation 13 thereof, except that if the laws of this state prescribe stronger InfoaiiruHy, uy ttiltp, ti s interference vri jeopardize the physlcaf health or Safety of facility or program staff http://ww-w.leginfo.ca.gov `pub/13-14/bill:rasm/ab_0001-0050./ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 43 of 44 14 protections and prohibitions, the programs and activities subject 15 to subdivision (a) shall be subject to the stronger protections and 16 prohibitions. 17 (c) (1) As used in this section, "disability" means any mental 18 or physical disability, as defined in Section 12926. 19 (2) The Legislature finds and declares that the amendments 20 made to this act are declarative of existing law. The Legislature 21 further finds and declares that in enacting Senate Bill 105 of the 22 2001-02 Regular Session (Chapter 1102 of the Statutes of 2002), 23 it was the intention of the Legislature to apply subdivision (d) to 24 the California State University in the same manner that 25 subdivisions (a), (b), and (c) already applied to the California State 26 University, notwithstanding Section 11000. In clarifying that the 27 California State University is subject to paragraph (2) of 28 subdivision (d), it is not the intention of the Legislature to increase 29 the cost of developing or procuring electronic and information 30 technology. The California State University shall, however, in 31 determining the cost of developing or procuring electronic or 32 information technology, consider whether technology that meets 33 the standards applicable pursuant to paragraph (2) of subdivision 34 (d) will reduce the long-term cost incurred by the California State 35 University in providing access or accommodations to future users 36 of this technology who are persons with disabilities, as required 37 by existing law, including this section, Title II of the federal 38 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 39 and following) et seq.), and Section 504 of the Rehabilitation Act 40 of 1973 (29 U.S.C. Sec. 794). P58 1 (d) (1) The Legislature finds and declares that the ability to 2 utilize electronic or information technology is often an essential 3 function for successful employment in the current work world. 4 (2) In order to improve accessibility of existing technology, and 5 therefore increase the successful employment of individuals with 6 disabilities, particularly blind and visually impaired and deaf and 7 hard -of -hearing persons, state governmental entities, in developing, 8 procuring, maintaining, or using electronic or information 9 technology, either indirectly or through the use of state funds by 10 other entities, shall comply with the accessibility requirements of 11 Section 508 of the federal Rehabilitation Act of 1973, as amended 12 (29 U.S.C. Sec. 794d), and regulations implementing that act as 13 set forth in Part 1194 of Title 36 of the Federal Code of 14 Regulations. 15 (3) Any entity that contracts with a state or local entity subject 16 to this section for the provision of electronic or information 17 technology or for the provision of related services shall agree to 18 respond to, and resolve any complaint regarding accessibility of 19 its products or services that is brought to the attention of the entity. 20 (e) As used in this section, "sex" and "sexual orientation" have 21 the same meanings as those terms are defined in subdivisions (q) 22 and (r) of Section 12926. 23 (f) As used in this section, "race, national origin, ethnic group 24 identification, religion, age, sex, sexual orientation, color, or 25 disability" includes a perception that a person has any of those 26 characteristics or that the person is associated with a person who 27 has, or is perceived to have, any of those characteristics. http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 44 of 44 Censtitut10 . F c-QUVC fT„ 1 I 28 (g) As used in this section, "genetic information" has the same 29 definition as in paragraph (2) of subdivision (e) of Section 51 of 30 the Civil Code. 31 (h) For purposes of this section "housing status" has the same 32 meaning as that term is defined in subdivision (g) of Section 53.1 33 of the Civil Code. 34 �CC.25. 35 SEC. 6. The Legislature finds and declares that the need to 36 address discriminatory practices is a matter of statewide concern 37 and is not a municipal affair, as that term is used in Section 5 of 38 Article XI of the California Constitution. Therefore, this act shall 39 apply to all cities, including charter cities. P59 1 CCC.26. 2 SEC. 7. The provisions of this act are severable. If any 3 provision of this act or its application is held invalid, that invalidity 4 shall not affect other provisions or applications that can be given 5 effect without the invalid provision or application. 6 ACC. 27. 7 Sectrarr6-crf Ai lic 8 sc rty r-i:i,at ard, this act creates a new cri 9 tirme or infraction, 10 11 , 12 13 14 15 16 17 18 19 20 SEC. 8. If the Commission on State Mandates determines that 21 this act contains costs mandated by the state, reimbursement to 22 local agencies and school districts for those costs shall be made 23 pursuant to Part 7 (commencing with Section 17500) of Division 24 4 of Title 2 of the Government Code. 0 98 http:l/www.leginfo.ca.gov/pub/13-141bill/asmlab_0001-0050/ab_5... 5/2/2013