reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12955.4.

12955.4. Nothing in this part shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to those persons, unless membership in that religion is restricted on account of race, color, or national origin.
(Added by Stats. 1992, Ch. 182, Sec. 11. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12955.5.

12955.5. Nothing in this part shall preclude the government from establishing programs to collect information relating to discriminatory housing practices.
(Added by Stats. 1992, Ch. 182, Sec. 12. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12955.6.

12955.6. Nothing in this part shall be construed to afford to the classes protected under this part, fewer rights or remedies than the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and its implementing regulations (24 C.F.R. 100.1 et seq.), or state law relating to fair employment and housing as it existed prior to the effective date of this section. Any state law that purports to require or permit any action that would be an unlawful practice under this part shall to that extent be invalid. This part may be construed to afford greater rights and remedies to an aggrieved person than those afforded by federal law and other state laws.
(Amended by Stats. 1993, Ch. 1277, Sec. 5.5. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12955.7.

12955.7. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Section 12955 or 12955.1.
(Added by Stats. 1993, Ch. 1277, Sec. 6. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12955.8.

12955.8. For purposes of this article, in connection with unlawful practices:
(a) Proof of an intentional violation of this article includes, but is not limited to, an act or failure to act that is otherwise covered by this part, that demonstrates an intent to discriminate in any manner in violation of this part. A person intends to discriminate if race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information is a motivating factor in committing a discriminatory housing practice even though other factors may have also motivated the practice. An intent to discriminate may be established by direct or circumstantial evidence.
(b) Proof of a violation causing a discriminatory effect is shown if an act or failure to act that is otherwise covered by this part, and that has the effect, regardless of intent, of unlawfully discriminating on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information. A business establishment whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the business establishment can establish that the action or inaction is necessary to the operation of the business and effectively carries out the significant business need it is alleged to serve. In cases that do not involve a business establishment, the person whose action or inaction has an unintended discriminatory effect shall not be considered to have committed an unlawful housing practice in violation of this part if the person can establish that the action or inaction is necessary to achieve an important purpose sufficiently compelling to override the discriminatory effect and effectively carries out the purpose it is alleged to serve.
(1) Any determination of a violation pursuant to this subdivision shall consider whether or not there are feasible alternatives that would equally well or better accomplish the purpose advanced with a less discriminatory effect.
(2) For purposes of this subdivision, the term “business establishment” shall have the same meaning as in Section 51 of the Civil Code.
(Amended by Stats. 2019, Ch. 601, Sec. 8. (SB 222) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12955.9.

12955.9. (a) The provisions of this part relating to discrimination on the basis of familial status shall not apply to housing for older persons.
(b) As used in this section, “housing for older persons” means any of the following:
(1) Housing provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program.
(2) Housing that meets the standards for senior housing in Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent that those standards violate the prohibition of familial status discrimination in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations.
(3) Mobilehome parks that meet the standards for “housing for older persons” as defined in the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations.
(c) For purposes of this section, the burden of proof shall be on the owner to prove that the housing qualifies as housing for older persons.
(Amended by Stats. 2016, Ch. 714, Sec. 9. (SB 944) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12956.

12956. Upon notice that a verified complaint against it has been filed under this part, any owner of housing accommodations shall maintain and preserve any and all rental records or any other written materials relevant to the complaint, until the complaint is fully and finally disposed of and all appeals or related proceedings terminated.
(Added by Stats. 1987, Ch. 605, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 6 - Discrimination Prohibited › ARTICLE 2 - Housing Discrimination › Section 12957.

12957. (a) It is the policy of this state and the purpose of this section to facilitate and support the development and operation of housing for homeless youth.
(b) The provision of housing for homeless youth is hereby authorized and shall not be considered unlawful age discrimination, notwithstanding any other provision of law, including, but not limited to, Sections 51, 51.2, and 51.10 of the Civil Code, Sections 11135, 12920, and 12955 of this code, Chapter 11.5 (commencing with Section 50800) of Part 2 of Division 31 of the Health and Safety Code, and local housing or age discrimination ordinances.
(c) This section shall not be construed to permit discrimination against families with children.
(d) This section shall occupy the field of regulation of housing for homeless youth by any local public entity, including, but not limited to, a city, county, and city and county.
(e) For purposes of this section, the following definitions shall apply:
(1) “At risk of becoming homeless” means facing eviction or termination of one’s current housing situation.
(2) “Homeless youth” means either of the following:
(A) A person who is not older than 24 years of age, and meets one of the following conditions:
(i) Is homeless or at risk of becoming homeless.
(ii) Is no longer eligible for foster care on the basis of age.
(iii) Has run away from home.
(B) A person who is younger than 18 years of age, who is emancipated pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, and who is homeless or at risk of becoming homeless.
(3) “Housing for homeless youth” means emergency, transitional, or permanent housing tied to supportive services that assist homeless youth in stabilizing their lives and developing the skills and resources they need to make a successful transition to independent, self-sufficient adulthood.
(Added by Stats. 2016, Ch. 870, Sec. 15. (SB 1442) Effective January 1, 2017.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12961.

12961. (a) If an unlawful practice alleged in a verified complaint adversely affects, in a similar manner, a group or class of persons of which the aggrieved person filing the complaint is a member, or if the unlawful practice raises questions of law or fact which are common to such a group or class, the aggrieved person or the director may file the complaint on behalf and as representative of such a group or class.
(b) (1) A complaint filed pursuant to subdivision (a) may be investigated as a group or class complaint.
(2) If in the judgment of the director circumstances warrant, a complaint investigated as a group or class complaint pursuant to paragraph (1) shall be treated as a group or class complaint for purposes of conciliation, dispute resolution, or civil action.
(3) The director shall communicate in writing their determination to treat a complaint as a group or class complaint pursuant to paragraph (2) within one year after the filing of the complaint to each person, employer, labor organization, employment agency, or public entity alleged in the complaint to have committed an unlawful practice.
(Amended by Stats. 2021, Ch. 278, Sec. 4. (SB 807) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12962.

12962. (a) The department shall cause any verified complaint filed for investigation under the provisions of this part to be served upon the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of in any of the following ways:
(1) In the manner specified in Section 415.20 of the Code of Civil Procedure.
(2) In the manner specified in Section 415.30 of the Code of Civil Procedure.
(3) In the manner specified in Section 1010.6 of the Code of Civil Procedure.
(4) In any other manner specified in the Code of Civil Procedure.
(5) Personally.
(6) By certified mail with return receipt requested.
(b) Notwithstanding subdivision (a), if a person claiming to be aggrieved by an alleged unlawful practice hires or retains private counsel for purposes of representation of the claim, the private counsel, and not the department, shall cause the verified complaint filed under the provisions of this part to be served upon the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice in any of the following ways:
(1) In the manner specified in Section 415.20 of the Code of Civil Procedure.
(2) In the manner specified in Section 415.30 of the Code of Civil Procedure.
(3) In the manner specified in Section 1010.6 of the Code of Civil Procedure.
(4) In any other manner specified in the Code of Civil Procedure.
(5) Personally.
(6) By certified mail with return receipt requested.
(c) Service shall be made at the time of initial contact with the person, employer, labor organization, or employment agency or the agents thereof, or within 60 days, whichever first occurs. At the discretion of the director, the complaint may not contain the name of the complaining party unless the complaint is filed by the director or the director’s authorized representative.
(Amended by Stats. 2021, Ch. 278, Sec. 5. (SB 807) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12963.

12963. After the filing of any complaint alleging facts sufficient to constitute a violation of any of the provisions of this part, the department shall make prompt investigation in connection therewith.
(Amended by Stats. 1980, Ch. 1023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12963.2.

12963.2. Upon the filing of a complaint under Section 12960, 12961, or 12980:
(a) The department may issue and serve written interrogatories on the same individuals and organizations and in the same manner as subpoenas may be issued and served under Section 12963.1. Any corporation, partnership, association, public entity, or other organization to which interrogatories are issued has the obligation of designating one or more officers, directors, managing agents, or other individuals to answer the interrogatories on the organization’s behalf.
(b) Within 30 days after the service of the interrogatories, or such longer time as the department may permit, the recipient of the interrogatories shall serve on the department written answers either responding fully or stating any objection to each interrogatory separately. The answers shall be made under oath and shall be signed by each individual making them, and the answers shall identify which individual has responded to each interrogatory.
(c) When in order to answer an interrogatory it is necessary to make a compilation, abstract, audit, or summary of the business records of the recipient of the interrogatory and such a compilation, abstract, audit, or summary does not exist or is not in the possession or under the control of the recipient, it shall be a sufficient answer to the interrogatory to so state and to specify the records from which the answer may be derived or ascertained and to afford the department reasonable opportunity to inspect and copy or make compilations, abstracts, or summaries from such records.
(Added by Stats. 1980, Ch. 1023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12963.3.

12963.3. (a) Depositions taken by the department shall be noticed by issuance and service of a subpoena pursuant to Section 12963.1. If, in the course of the investigation of a complaint, a subpoena is issued and served on an individual or organization not alleged in the complaint to have committed an unlawful practice, written notice of the deposition shall also be mailed by the department to each individual or organization alleged in the complaint to have committed an unlawful practice.
(b) A deposition may be taken before any officer of the department who has been authorized by the director to administer oaths and take testimony, or before any other person before whom a deposition may be taken in a civil action pursuant to Section 2025.320 or subdivision (d) of Section 2026.010 of the Code of Civil Procedure. The person before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the person’s direction and in the person’s presence, record the testimony of the witness. The testimony shall be taken stenographically and transcribed unless the parties agree otherwise. All objections made at the time of the examination shall be noted on the deposition by the person before whom the deposition is taken, and evidence objected to shall be taken subject to the objections.
(Amended by Stats. 2005, Ch. 294, Sec. 19. Effective January 1, 2006.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12963.4.

12963.4. (a) The department may issue and serve requests for production for inspection and copying of books, records, documents, and physical materials in the possession or under the control of an individual or organization. A request for production may be issued and served on the same individuals and organizations and in the same manner as subpoenas may be issued and served under Section 12963.1.
(b) A request for production shall identify with reasonable particularity the things that are to be inspected and shall specify a reasonable time, place, and manner of making the inspection and performing the copying, and may prescribe such terms and conditions as are just.
(c) Within 15 days after service of a request for production or such longer time as the department may permit, the recipient of the request shall serve on the department a written response with respect to each item requested, either stating that inspection and copying will be permitted as requested or objecting to the request and stating the grounds of the objection. Unless a request for production is objected to, the recipient of the request shall thereafter permit the inspection and copying requested by the department.
(Added by Stats. 1980, Ch. 1023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12963.7.

12963.7. (a) If the department determines after investigation that the complaint is valid, the department shall immediately endeavor to eliminate the unlawful employment practice complained of by conference, conciliation, and persuasion. The staff of the department shall not disclose what has transpired in the course of any endeavors to eliminate the unlawful employment practice through conference, conciliation, and persuasion.
(b) Any member of the staff of the department who discloses information in violation of the requirements of this section is guilty of a misdemeanor. Such disclosure by an employee subject to civil service shall be cause for disciplinary action under the State Civil Service Act.
(Added by Stats. 1980, Ch. 1023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12964.

12964. Any agreement entered into by conference, conciliation, persuasion, or other dispute resolution shall be reduced to writing, signed by all parties, and, where the department is a signatory, approved by the director or the authorized representative of the director. Within one year of the effective date of every agreement signed by the department, the department shall conduct a compliance review to determine whether the agreement has been fully obeyed and implemented. Whenever the department believes, on the basis of evidence presented to it, that any person is violating or about to violate any agreement, the department may bring an action in the superior court against the person to enjoin him or her from continuing or engaging in the violation, or from doing anything in furtherance of the violation. In the action an order or judgment may be entered awarding a temporary restraining order or a preliminary or final injunction as may be proper. The action may be brought in any county in which actions may be brought under subdivision (a) of Section 12965. In resolving allegedly unlawful practices through conciliation the resolutions may be in the nature of, but are not limited to, types of remedies that might be ordered after in a civil action.
(Amended by Stats. 2012, Ch. 46, Sec. 44. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12966.

12966. Where the department initiates a civil action, or is about to do so, and the party accused of engaging in unlawful practices under this part is a state contractor or is a supplier of goods and services to the state, the director shall send a written notice of the civil action and a copy of the civil complaint to the appropriate awarding agency and request a report of any action which the awarding agency takes in response to the department’s notification and filing of a civil action.
(Amended by Stats. 2012, Ch. 46, Sec. 46. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12971.

12971. If, at any time during the proceedings described in this part, after a complaint has been served on a respondent, the complaint is withdrawn by the complainant or dismissed by the department, or an investigation is terminated or closed by the department, notice of this fact shall be given to the respondent and the complainant without undue delay.
(Added by Stats. 1980, Ch. 992.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12973.

12973. Within one year of the effective date of every final order or decision issued pursuant to this part, the department shall conduct a compliance review to determine whether the order or decision has been fully obeyed and implemented.
(Amended by Stats. 2012, Ch. 46, Sec. 52. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12974.

12974. Whenever a complaint is filed with the department and the department concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this part, the director or his authorized representative may bring a civil action for appropriate temporary or preliminary relief pending final disposition of such complaint. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with Section 527 of the Code of Civil Procedure. An action seeking such temporary or preliminary relief may be brought in any county in which actions may be brought under subdivision (b) of Section 12965. In civil actions brought under this section, the court, in its discretion, may award to the department reasonable attorney’s fees and costs, including expert witness fees, when it is the prevailing party for the purposes of the order granting temporary or preliminary relief.
(Amended by Stats. 2012, Ch. 46, Sec. 53. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12975.

12975. Any person who shall willfully resist, prevent, impede, or interfere with any member of the department or the council or any of its agents or employees in the performance of duties pursuant to the provisions of this part relating to employment discrimination, or who shall in any manner willfully violate an order of the court relating to such matter, is guilty of a misdemeanor, punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both.
(Amended by Stats. 2012, Ch. 46, Sec. 54. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 1 - Unlawful Practices › Section 12976.

12976. Any person who willfully violates Section 12946 concerning recordkeeping is guilty of a misdemeanor, punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both.
(Amended by Stats. 1983, Ch. 1092, Sec. 134. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12981.1.

12981.1. The department shall not dismiss a complaint unless the complainant withdraws the complaint or the department determines after a thorough investigation that, based on the facts, no reasonable cause exists to believe that an unlawful housing practice, as prohibited by this part, has occurred or is about to occur.
(Amended by Stats. 2012, Ch. 46, Sec. 57. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12983.

12983. The department at any time after a complaint is filed with it and it has been determined that probable cause exists for believing that the allegations of the complaint are true and constitute a violation of this part, may bring an action in the superior court to enjoin the owner of the property from taking further action with respect to the rental, lease, or sale of the property, as well as to require compliance with Section 12956, until the department has completed its investigation and made its determination; but a temporary restraining order obtained under this section shall not, in any event, be in effect for more than 20 days. In this action an order or judgment may be entered awarding the temporary restraining order or the preliminary or final injunction in accordance with Section 527 of the Code of Civil Procedure. In civil actions brought under this section, the court, in its discretion, may award to the department reasonable attorney’s fees and costs, including expert witness fees, when it is the prevailing party for the purposes of the order granting temporary or preliminary relief.
(Amended by Stats. 2012, Ch. 46, Sec. 58. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12984.

12984. Except as provided in Section 12980, all matters connected with any conference, conciliation, or persuasion efforts under this part are privileged and may not be received in evidence. Except as provided in Section 12980, the members of the department and its staff shall not disclose to any person what has transpired in the course of such endeavors to conciliate. Every member of the department or its staff who discloses information in violation of this section is guilty of a misdemeanor. Such disclosure by an employee subject to civil service shall be cause for disciplinary action under the State Civil Service Act.
(Amended by Stats. 1992, Ch. 182, Sec. 16. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12985.

12985. When a person is contacted by the department or a member of the department’s staff, following the filing of a complaint against that person, the person shall be informed whether the contact is for the purpose of investigation or conference, conciliation, persuasion, or mediation, and if it is for conference, conciliation, persuasion, or mediation, the person shall be informed that all matters relating thereto are privileged and confidential.
(Amended by Stats. 2012, Ch. 46, Sec. 59. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12986.

12986. The department shall within 10 days cause a copy of the verified complaint that has been filed under this part to be served upon or mailed to the respondent alleged to have committed the violation complained of and shall advise the respondent in writing of the respondent’s procedural rights and obligations. The respondent may file an answer to the complaint.
(Amended by Stats. 2017, Ch. 799, Sec. 17. (AB 1556) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12988.

12988. The department may engage in affirmative actions with owners in furtherance of the purpose of this part as expressed in Section 12920.
(Amended by Stats. 2012, Ch. 46, Sec. 62. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12989.1.

12989.1. (a) An aggrieved person may commence a civil action in an appropriate court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach. The computation of the two-year period shall not include any time during which an administrative proceeding under this part was pending with respect to a complaint under this part based upon the discriminatory housing practice or breach.
(b) An aggrieved person may commence a civil action whether or not a complaint has been filed under this part and without regard to the status of any complaint. Any aggrieved person who is aggrieved with respect to the issues to be determined in a civil action filed under this part, may intervene in that civil action. However, if the department has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this part by the aggrieved person with respect to the alleged discriminatory housing practice that forms the basis for the complaint, except for the purpose of enforcing the terms of the agreement.
(Amended by Stats. 2021, Ch. 278, Sec. 9. (SB 807) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 7 - Enforcement and Hearing Procedures › ARTICLE 2 - Housing Discrimination › Section 12989.2.

12989.2. In a civil action brought under Section 12981 or 12989.1, if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award the plaintiff actual and punitive damages and may grant other relief, including the issuance of a temporary or permanent injunction, or temporary restraining order, or other order, as it deems appropriate to prevent any defendant from engaging in or continuing to engage in an unlawful practice. In a civil action brought under this section, the court may, at its discretion, award the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees, against any party other than the state. If the court finds that the defendant has engaged in an unlawful practice under this part and is liable for actual or punitive damages any amount due to the defendant by a state agency may be offset to satisfy the court’s final order or decision.
(Amended by Stats. 2012, Ch. 46, Sec. 65. (SB 1038) Effective June 27, 2012. Operative January 1, 2013, by Sec. 140 of Ch. 46.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 9 - Miscellaneous › Section 12993.

12993. (a) The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.
(b) The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.
(c) While it is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state, this part does not limit or restrict the application of Section 51 of the Civil Code.
(Amended by Stats. 2022, Ch. 630, Sec. 9. (SB 523) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 9 - Miscellaneous › Section 12993.5.

12993.5. Notwithstanding Section 12993, nothing contained in this part shall be construed, in any manner or way, to limit or restrict the application of Section 51.7 of the Civil Code.
(Added by Stats. 1992, Ch. 911, Sec. 8. Effective January 1, 1993.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 9 - Miscellaneous › Section 12995.

12995. (a) Nothing contained in this part relating to discrimination in housing shall be construed to:
(1) Affect the title or other interest of a person who, prior to the granting of relief, purchases, leases, or takes an encumbrance on a housing accommodation in good faith and without either knowledge or actual notice of the filing of a complaint with the department or of a civil action.
(2) Prohibit any postsecondary educational institution, whether private or public, from providing housing accommodations reserved for either male or female students so long as no individual person is denied equal access to housing accommodations, or from providing separate housing accommodations reserved primarily for married students or for students with minor dependents who reside with them.
(3) Prohibit selection based upon factors other than race, color, religion, sex, marital status, national origin, ancestry, familial status, disability, or other basis prohibited by the Unruh Civil Rights Act.
(4) Promote housing accommodations on a preferential or quota basis.
(b) Nothing contained in this part relating to discrimination in housing shall affect the nondiscriminatory enforcement of state and local public nuisance laws, provided that those laws do not otherwise conflict with the provisions of this part.
(Amended by Stats. 1993, Ch. 1277, Sec. 16. Effective January 1, 1994.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 2.8 - CIVIL RIGHTS DEPARTMENT › CHAPTER 9 - Miscellaneous › Section 12996.

12996. If any clause, sentence, paragraph, or part of this part relating to discrimination in employment or the application thereof to any person or circumstance, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this part and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved.
(Added by Stats. 1980, Ch. 992.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 1 - Administration › Section 13000.

13000. There is in the State Government a Department of Finance.
(Added by Stats. 1945, Ch. 112.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 1 - Administration › Section 13001.

13001. The department is under the control of an executive officer known as Director of Finance.
As used in this part, “director” and “department” refer to the Director and Department of Finance, respectively, unless the context otherwise requires.
(Added by Stats. 1945, Ch. 112.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 1 - Administration › Section 13002.

13002. The director is appointed by and holds office at the pleasure of the Governor. The annual salary of the director is provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1951, Ch. 1613.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 1 - Administration › Section 13004.

13004. The director shall perform all duties, exercise all powers and jurisdiction, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the department, except as otherwise expressly provided by this code.
(Added by Stats. 1945, Ch. 112.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 1 - Administration › Section 13005.

13005. For the purpose of administration, the director shall organize the department with the approval of the Governor, in the manner that he deems necessary properly to segregate and conduct the work of the department.
The director may arrange and classify the work of the department and with the approval of the Governor may create such divisions and subdivisions as may be necessary, and change or abolish them from time to time.
(Added by Stats. 1945, Ch. 112.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 1 - Administration › Section 13008.

13008. For the purpose of administering Article 1 (commencing with Section 13290) of Chapter 3, the Director of Finance may appoint and prescribe the duties and fix the salaries of such number of skillful accountants or assistants as he or she deems necessary. Each appointee is a civil executive officer.
Before entering upon the discharge of the duties of his or her office, each appointee shall execute to the state an official bond conditioned upon the faithful performance of his or her duties in the penal sum which the director prescribes, but not less than five thousand dollars ($5,000).
(Amended by Stats. 1984, Ch. 144, Sec. 113.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 1 - Administration › Section 13012.

13012. Whenever any statute, heretofore or hereafter enacted, requires by the use of the word or words “approve,” “approval,” “authorize,” or “authorization,” the director or the department to approve or authorize any act or transaction, such approval or authorization shall hereafter be deemed to have been given only if given in writing by the director, his deputy, or by some other officer or employee of the Department of Finance acting pursuant to written authority of the director.
(Added by Stats. 1959, Ch. 988.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 2 - Crimes › Section 13030.

13030. Every person is guilty of a misdemeanor who:
(a) Fails or neglects to make, verify and file with the Department of Finance any report required by this part.
(b) Fails or neglects to follow the directions of the Department of Finance in keeping the accounts of his office.
(c) Refuses to permit the examination of or access to the records, files, books, accounts, papers, documents or cash drawers or cash of his office by a representative of the Department of Finance or in any way interferes with such examination.
Conviction of any such misdemeanor is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than 30 days, or both.
(Amended by Stats. 1974, Ch. 1221.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 1 - General › ARTICLE 2 - Crimes › Section 13031.

13031. The department shall annually require each department head or designee whose duty it is to audit the accounts of a state agency, department, office, bureau, or other state entity to provide a certification, signed under penalty of perjury, to the department that the budgeting and accounting information provided to the department reconciles to the year-end finance reports submitted to the Controller’s office. An individual who willfully makes and subscribes a certification to an account to which he or she knows to be false as to any material matter shall be subject to the penalties prescribed for perjury in the Penal Code.
(Added by Stats. 2013, Ch. 281, Sec. 1. (SB 801) Effective January 1, 2014.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 2 - Powers and Duties, Generally › ARTICLE 1 - General › Section 13070.

13070. The department has general powers of supervision over all matters concerning the financial and business policies of the State and whenever it deems it necessary, or at the instance of the Governor, shall institute or cause the institution of such investigations and proceedings as it deems proper to conserve the rights and interests of the State.
(Added by Stats. 1945, Ch. 112.)
2023 California Code › Government Code - GOV › TITLE 2 - GOVERNMENT OF THE STATE OF CALIFORNIA › DIVISION 3 - EXECUTIVE DEPARTMENT › PART 3 - DEPARTMENT OF FINANCE › CHAPTER 2 - Powers and Duties, Generally › ARTICLE 1 - General › Section 13070.5.

13070.5. The department shall ensure the state carries out its responsibilities in accordance with the federal Single Audit Act (31 U.S.C. Sec. 7501 et seq.). For that purpose, the department shall do all of the following:
(a) Act as the liaison between state agencies, the California State Auditor, and other relevant federal agencies.
(b) Establish guidelines and instructions for state agencies pursuant to this section. The adoption, amendment, or repeal of these guidelines, instructions, or other directives consistent with this section, shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).
(c) Collect financial information related to federal awards received, including schedules of cash and noncash federal assistance and passthrough amounts.
(d) Collect nonfinancial information related to federal awards received, including prior audit findings and management representation letters.
(e) Review and consolidate the financial and nonfinancial information from state agencies under subdivisions (c) and (d) and prepare the Schedule of Federal Awards and related schedules, to be forwarded to the California State Auditor for inclusion in the Single Audit Report.
(f) Upload the completed Single Audit Report to the Federal Clearinghouse on behalf of the state.
(Amended by Stats. 2020, Ch. 370, Sec. 141. (SB 1371) Effective January 1, 2021.)