Regular Session 2017-2018 House Bill 0038 P.N. 0045

PRINTER'S NO. 45

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2017

INTRODUCED BY SACCONE, KNOWLES, METZGAR, BARRAR, KAUFFMAN,

GROVE, COX, MILLARD, McGINNIS, READSHAW, WHEELAND, ZIMMERMAN,

TALLMAN, WARD AND GABLER, JANUARY 23, 2017

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 23, 2017

AN ACT

Amending the act of October 27, 1955 (P.L.744, No.222),

entitled, as amended, "An act prohibiting certain practices

of discrimination because of race, color, religious creed,

ancestry, age or national origin by employers, employment

agencies, labor organizations and others as herein defined;

creating the Pennsylvania Human Relations Commission in the

Governor's Office; defining its functions, powers and duties;

providing for procedure and enforcement; providing for

formulation of an educational program to prevent prejudice;

providing for judicial review and enforcement and imposing

penalties," further providing for title of act, for findings

and declaration of policy, for right to freedom from

discrimination in employment, housing and public

accommodation, for definitions, for unlawful discriminatory

practices and for prohibition of certain real estate

practices; providing for limited exceptions for employers;

and further providing for powers and duties of the

commission, for educational program and for construction and

exclusiveness of remedy.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The title and sections 2 and 3 of the act of

October 27, 1955 (P.L.744, No.222), known as the Pennsylvania

Human Relations Act, are amended to read:

AN ACT

Prohibiting certain practices of discrimination because of race,

color, religious creed, ancestry, exercise of self-defense

rights, age or national origin by employers, employment

agencies, labor organizations and others as herein defined;

creating the Pennsylvania Human Relations Commission in the

Governor's Office; defining its functions, powers and duties;

providing for procedure and enforcement; providing for

formulation of an educational program to prevent prejudice;

providing for judicial review and enforcement and imposing

penalties.

Section 2. Findings and Declaration of Policy.--

(a) The practice or policy of discrimination against

individuals or groups by reason of their race, color, familial

status, religious creed, ancestry, exercise of self-defense

rights, age, sex, national origin, handicap or disability, use

of guide or support animals because of the blindness, deafness

or physical handicap of the user or because the user is a

handler or trainer of support or guide animals is a matter of

concern of the Commonwealth. Such discrimination foments

domestic strife and unrest, threatens the rights and privileges

of the inhabitants of the Commonwealth, and undermines the

foundations of a free democratic state. The denial of equal

employment, housing and public accommodation opportunities

because of such discrimination, and the consequent failure to

utilize the productive capacities of individuals to their

fullest extent, deprives large segments of the population of the

Commonwealth of earnings necessary to maintain decent standards

of living, necessitates their resort to public relief and

intensifies group conflicts, thereby resulting in grave injury

to the public health and welfare, compels many individuals to

live in dwellings which are substandard, unhealthful and

20170HB0038PN0045 - 2 -

overcrowded, resulting in racial segregation in public schools

and other community facilities, juvenile delinquency and other

evils, thereby threatening the peace, health, safety and general

welfare of the Commonwealth and its inhabitants.

(b) It is hereby declared to be the public policy of this

Commonwealth to foster the employment of all individuals in

accordance with their fullest capacities regardless of their

race, color, religious creed, ancestry, exercise of self-defense

rights, age, sex, national origin, handicap or disability, use

of guide or support animals because of the blindness, deafness

or physical handicap of the user or because the user is a

handler or trainer of support or guide animals, and to safeguard

their right to obtain and hold employment without such

discrimination, to assure equal opportunities to all individuals

and to safeguard their rights to public accommodation and to

secure housing accommodation and commercial property regardless

of race, color, familial status, religious creed, ancestry,

exercise of self-defense rights, age, sex, national origin,

handicap or disability, use of guide or support animals because

of blindness or deafness of the user or because the user is a

handler or trainer of guide or support animals.

of the Commonwealth for the protection of the public welfare,

prosperity, health and peace of the people of the Commonwealth

of Pennsylvania.

Section 3. Right to Freedom from Discrimination in

Employment, Housing and Public Accommodation.--The opportunity

for an individual to obtain employment for which he is

qualified, and to obtain all the accommodations, advantages,

facilities and privileges of any public accommodation and of any

20170HB0038PN0045 - 3 -

housing accommodation and commercial property without

discrimination because of race, color, familial status,

religious creed, ancestry, exercise of self-defense rights,

handicap or disability, age, sex, national origin, the use of a

guide or support animal because of the blindness, deafness or

physical handicap of the user or because the user is a handler

or trainer of support or guide animals is hereby recognized as

and declared to be a civil right which shall be enforceable as

set forth in this act.

Section 2. Section 4(b) of the act is amended and the

section is amended by adding subsections to read:

Section 4. Definitions.--As used in this act unless a

different meaning clearly appears from the context:

* * *

(b) The term "employer" includes the Commonwealth or any

political subdivision or board, department, commission or school

district thereof and any person employing four or more persons

within the Commonwealth, but except as hereinafter provided,

does not include religious, fraternal, charitable or sectarian

corporations or associations, except such corporations or

associations supported, in whole or in part, by governmental

appropriations. The term "employer" with respect to

discriminatory practices based on race, color, age, sex,

national origin, exercise of self-defense rights or non-job

related handicap or disability, includes religious, fraternal,

charitable and sectarian corporations and associations employing

four or more persons within the Commonwealth.

* * *

(bb) Except as provided herein, the term "exercise of self-

defense rights" means, pursuant to section 21 of Article I of

20170HB0038PN0045 - 4 -

the Constitution of Pennsylvania and the Second Amendment of the

Constitution of the United States, unless expressly prohibited

by 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous

articles) or any other law of this Commonwealth, any of the

following:

(1) The lawful ownership, use, possession or transportation

of a firearm.

(2) The lawful carrying of a firearm under 18 Pa.C.S. §

6106(b) (relating to firearms not to be carried without a

license) or 6109 (relating to licenses).

(3) The lawful storage of a firearm in a dwelling, residence

or personal vehicle.

(4) The lawful transfer of a firearm.

(cc) The term "firearm" shall mean any weapon which is

designed to or may readily be converted to expel any projectile

by the action of an explosive or the frame or receiver of a

weapon. The term shall include a scope, sight, bipod, sling,

light, magazine, clip, ammunition or other firearm accessory

attached to or intended to be used in conjunction with a

firearm.

Section 3. Sections 5(a), (b), (c), (f), (g), (h)(1), (2),

(3), (4), (5), (6) and (8) and (i)(1) and (2) and 5.3 of the act

are amended to read:

Section 5. Unlawful Discriminatory Practices.--It shall be

an unlawful discriminatory practice, unless based upon a bona

fide occupational qualification, or in the case of a fraternal

corporation or association, unless based upon membership in such

association or corporation, or except where based upon

applicable security regulations established by the United States

or the Commonwealth of Pennsylvania:

20170HB0038PN0045 - 5 -

(a) For any employer because of the race, color, religious

creed, ancestry, exercise of self-defense rights, age, sex,

national origin or non-job related handicap or disability or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of any individual or independent

contractor, to refuse to hire or employ or contract with, or to

bar or to discharge from employment such individual or

independent contractor, or to otherwise discriminate against

such individual or independent contractor with respect to

compensation, hire, tenure, terms, conditions or privileges of

employment or contract, if the individual or independent

contractor is the best able and most competent to perform the

services required. The provision of this paragraph shall not

apply, to (1) operation of the terms or conditions of any bona

fide retirement or pension plan which have the effect of a

minimum service requirement, (2) operation of the terms or

conditions of any bona fide group or employe insurance plan, (3)

age limitations placed upon entry into bona fide apprenticeship

programs of two years or more approved by the State

Apprenticeship and Training Council of the Department of Labor

and Industry, established by the act of July 14, 1961 (P.L.604,

No.304), known as "The Apprenticeship and Training Act."

Notwithstanding any provision of this clause, it shall not be an

unlawful employment practice for a religious corporation or

association to hire or employ on the basis of sex in those

certain instances where sex is a bona fide occupational

qualification because of the religious beliefs, practices, or

observances of the corporation, or association.

(b) For any employer, employment agency or labor

organization, prior to the employment, contracting with an

20170HB0038PN0045 - 6 -

independent contractor or admission to membership, to:

(1) Elicit any information or make or keep a record of or

use any form of application or application blank containing

questions or entries concerning the race, color, religious

creed, ancestry, exercise of self-defense rights, age, sex,

national origin, past handicap or disability or the use of a

guide or support animal because of the blindness, deafness or

physical handicap of any applicant for employment or membership.

Prior to an offer of employment, an employer may not inquire as

to whether an individual has a handicap or disability or as to

the severity of such handicap or disability. An employer may

inquire as to the individual's ability to perform the essential

functions of the employment.

(2) Print or publish or cause to be printed or published any

notice or advertisement relating to employment or membership

indicating any preference, limitation, specification or

discrimination based upon race, color, religious creed,

ancestry, exercise of self-defense rights, age, sex, national

origin, non-job related handicap or disability or the use of a

guide or support animal because of the blindness, deafness or

physical handicap of the user.

(3) Deny or limit, through a quota system, employment or

membership because of race, color, religious creed, ancestry,

exercise of self-defense rights, age, sex, national origin, non-

job related handicap or disability, the use of a guide or

support animal because of the blindness, deafness or physical

handicap of the user or place of birth.

(4) Substantially confine or limit recruitment or hiring of

individuals, with intent to circumvent the spirit and purpose of

this act, to any employment agency, employment service, labor

20170HB0038PN0045 - 7 -

organization, training school or training center or any other

employe-referring source which services individuals who are

predominantly of the same race, color, religious creed,

ancestry, age, sex, national origin or non-job related handicap

or disability or which discriminates on the basis of the

exercise of self-defense rights.

(5) Deny employment because of a prior handicap or

disability.

Nothing in clause (b) of this section shall bar any

institution or organization for handicapped or disabled persons

from limiting or giving preference in employment or membership

to handicapped or disabled persons.

religious creed, ancestry, exercise of self-defense rights, age,

sex, national origin, non-job related handicap or disability or

the use of a guide or support animal because of the blindness,

deafness or physical handicap of any individual to deny full and

equal membership rights to any individual or otherwise to

discriminate against such individuals with respect to hire,

tenure, terms, conditions or privileges of employment or any

other matter, directly or indirectly, related to employment.

* * *

(f) For any employment agency to fail or refuse to classify

properly, refer for employment or otherwise to discriminate

against any individual because of his race, color, religious

creed, ancestry, exercise of self-defense rights, age, sex,

national origin, non-job related handicap or disability or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of the user.

(g) For any individual seeking employment to publish or

20170HB0038PN0045 - 8 -

cause to be published any advertisement which in any manner

expresses a limitation or preference as to the race, color,

religious creed, ancestry, exercise of self-defense rights, age,

sex, national origin, non-job related handicap or disability or

the use of a guide or support animal because of the blindness,

deafness or physical handicap of any prospective employer.

(h) For any person to:

(1) Refuse to sell, lease, finance or otherwise to deny or

withhold any housing accommodation or commercial property from

any person because of the race, color, familial status, age,

religious creed, ancestry, exercise of self-defense rights, sex,

national origin or handicap or disability of any person,

prospective owner, occupant or user of such housing

accommodation or commercial property, or to refuse to lease any

housing accommodation or commercial property to any person due

to use of a guide animal because of the blindness or deafness of

the user, use of a support animal because of a physical handicap

of the user or because the user is a handler or trainer of

support or guide animals or because of the handicap or

disability of an individual with whom the person is known to

have a relationship or association.

* * *

(2) Refuse to lend money, whether or not secured by mortgage

or otherwise for the acquisition, construction, rehabilitation,

repair or maintenance of any housing accommodation or commercial

property or otherwise withhold financing of any housing

accommodation or commercial property from any person because of

the race, color, familial status, age, religious creed,

ancestry, exercise of self-defense rights, sex, national origin,

handicap or disability of any person, the use of a guide or

20170HB0038PN0045 - 9 -

support animal because of the blindness, deafness or physical

handicap of the user or because the user is a handler or trainer

of support or guide animals or because of the handicap or

disability of an individual with whom the person is known to

have a relationship or association.

(3) Discriminate against any person in the terms or

conditions of selling or leasing any housing accommodation or

commercial property or in furnishing facilities, services or

privileges in connection with the ownership, occupancy or use of

any housing accommodation or commercial property because of the

race, color, familial status, age, religious creed, ancestry,

exercise of self-defense rights, sex, national origin, handicap

or disability of any person, the use of a guide or support

animal because of the blindness, deafness or physical handicap

of the user or because the user is a handler or trainer of

support or guide animals or because of the handicap or

disability of an individual with whom the person is known to

have a relationship or association.

* * *

(4) Discriminate against any person in the terms or

conditions of any loan of money, whether or not secured by

mortgage or otherwise for the acquisition, construction,

rehabilitation, repair or maintenance of housing accommodation

or commercial property because of the race, color, familial

status, age, religious creed, ancestry, exercise of self-defense

rights, sex, national origin or handicap or disability of any

person, the use of a guide or support animal because of the

blindness, deafness or physical handicap of the user or because

the user is a handler or trainer of guide or support animals or

because of the handicap or disability of an individual with whom

20170HB0038PN0045 - 10 -

the person is known to have a relationship or association.

(5) Print, publish or circulate any statement or

advertisement: (i) relating to the sale, lease or acquisition of

any housing accommodation or commercial property or the loan of

money, whether or not secured by mortgage, or otherwise for the

acquisition, construction, rehabilitation, repair or maintenance

of any housing accommodation or commercial property which

indicates any preference, limitation, specification, or

discrimination based upon race, color, familial status, age,

religious creed, ancestry, exercise of self-defense rights, sex,

national origin, handicap or disability or because of the

handicap or disability of an individual with whom the person is

known to have a relationship or association, or (ii) relating to

the sale, lease or acquisition of any housing accommodation or

commercial property which indicates any preference, limitation,

specification or discrimination based upon use of a guide or

support animal because of the blindness, deafness or physical

handicap of the user or because the user is a handler or trainer

of support or guide animals.

(6) Make any inquiry, elicit any information, make or keep

any record or use any form of application, containing questions

or entries concerning race, color, familial status, age,

religious creed, ancestry, exercise of self-defense rights, sex,

national origin, handicap or disability or because of the

handicap or disability of an individual with whom the person is

known to have a relationship or association in connection with

the sale or lease of any housing accommodation or commercial

property or loan of any money, whether or not secured by

mortgage or otherwise for the acquisition, construction,

rehabilitation, repair or maintenance of any housing

20170HB0038PN0045 - 11 -

accommodation or commercial property, or to make any inquiry,

elicit any information, make or keep any record or use any form

of application, containing questions or entries concerning the

use of a guide or support animal because of the blindness,

deafness or physical handicap of the user or because the user is

a handler or trainer of support or guide animals, in connection

with the lease of any housing accommodation or commercial

property.

* * *

(8) Discriminate in real estate-related transactions, as

described by and subject to the following:

(i) It shall be unlawful for any person or other entity

whose business includes engaging in real estate-related

transactions to discriminate against any person in making

available such a transaction or in the terms or conditions of

such a transaction because of race, color, religious creed,

ancestry, exercise of self-defense rights, national origin, sex,

age, handicap or disability, use of a guide or support animal

because of a physical handicap or because the user is a handler

or trainer of guide or support animals or familial status.

(ii) Nothing in this act prohibits a person engaged in the

business of furnishing appraisals of real property to take into

consideration factors other than race, color, religious creed,

ancestry, exercise of self-defense rights, national origin, sex,

age, handicap or disability, use of a guide or support animal

because of a physical handicap or because the user is a handler

or trainer of guide or support animals or familial status.

* * *

(i) For any person being the owner, lessee, proprietor,

manager, superintendent, agent or employe of any public

20170HB0038PN0045 - 12 -

accommodation, resort or amusement to:

(1) Refuse, withhold from, or deny to any person because of

his race, color, sex, religious creed, ancestry, exercise of

self-defense rights, national origin or handicap or disability,

or to any person due to use of a guide or support animal because

of the blindness, deafness or physical handicap of the user or

because the user is a handler or trainer of support or guide

animals, either directly or indirectly, any of the

accommodations, advantages, facilities or privileges of such

public accommodation, resort or amusement.

(2) Publish, circulate, issue, display, post or mail, either

directly or indirectly, any written or printed communication,

notice or advertisement to the effect that any of the

accommodations, advantages, facilities and privileges of any

such place shall be refused, withheld from or denied to any

person on account of race, color, religious creed, sex,

ancestry, exercise of self-defense rights, national origin or

handicap or disability, or to any person due to use of a guide

or support animal because of the blindness, deafness or physical

handicap of the user, or because the user is a handler or

trainer of support or guide animals, or that the patronage or

custom thereat of any person, belonging to or purporting to be

of any particular race, color, religious creed, sex, ancestry,

exercise of self-defense rights, national origin or handicap or

disability, or to any person due to use of a guide or support

animal because of the blindness, deafness or physical handicap

of the user or because the user is a handler or trainer of

support or guide animals, is unwelcome, objectionable or not

acceptable, desired or solicited or to any person who exercises

self-defense rights.

20170HB0038PN0045 - 13 -

* * *

Section 5.3. Prohibition of Certain Real Estate Practices.--

It shall be an unlawful discriminatory practice for any person

to:

(a) Induce, solicit or attempt to induce or solicit for

commercial profit any listing, sale or transaction involving any

housing accommodation or commercial property by representing

that such housing accommodation or commercial property is within

any neighborhood, community or area adjacent to any other area

in which there reside, or do not reside, persons of a particular

race, color, familial status, age, religious creed, ancestry,

sex, national origin, handicap or disability, or who are guide

or support animal dependent or who exercise self-defense rights.

(b) Discourage, or attempt to discourage, for commercial

profit, the purchase or lease of any housing accommodation or

commercial property by representing that such housing

accommodation or commercial property is within any neighborhood,

community or area adjacent to any other area in which there

reside, or may in the future reside in increased or decreased

numbers, persons of a particular race, color, familial status,

age, religious creed, ancestry, sex, national origin, handicap

or disability, or who are guide or support animal dependent or

who exercise self-defense rights.

condition or incident for the purpose of fostering the

impression or belief, on the part of any owner, occupant or

prospective owner or occupant of any housing accommodation or

commercial property, that such housing accommodation or

commercial property is within any neighborhood, community or

area adjacent to any other area which would be adversely

20170HB0038PN0045 - 14 -

impacted by the residence, or future increased or decreased

residence, of persons of a particular race, color, familial

status, age, religious creed, ancestry, sex, national origin,

handicap or disability, or who are guide or support animal

dependent or who exercise self-defense rights within such

neighborhood, community or area.

(d) In any way misrepresent or otherwise misadvertise within

a neighborhood or community, whether or not in writing, that any

housing accommodation or commercial property within such

neighborhood or community is available for inspection, sale,

lease, sublease or other transfer, in any context where such

misrepresentation or misadvertising would have the effect of

fostering an impression or belief that there has been or will be

an increase in real estate activity within such neighborhood or

community due to the residence, or anticipated increased or

decreased residence, of persons of a particular race, color,

familial status, age, religious creed, ancestry, exercise of

self-defense rights, sex, national origin, handicap or

disability, or the use of a guide or support animal because of

the blindness, deafness or physical handicap of the user.

Section 4. The act is amended by adding a section to read:

Section 5.4. Limited Exceptions for Employers.--(a)

Notwithstanding any other provision of this act, an employer may

consider, advertise or require the exercise of self-defense

rights as a condition of employment for applicants or employes,

if the exercise of self-defense rights is an integral part of

the employment. This includes, but is not limited to:

(1) The ability of an employe or applicant to lawfully

possess or use a firearm.

(2) Whether or not the employe or applicant is licensed to

20170HB0038PN0045 - 15 -

carry a firearm under 18 Pa.C.S. § 6109 (relating to licenses)

or exempted from licensure under 18 Pa.C.S. § 6106(b) (relating

to firearms not to be carried without a license).

(3) Whether or not the employe or applicant is certified

under:

(i) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police

education and training).

(ii) The act of October 10, 1974 (P.L.705, No.235), known as

the Lethal Weapons Training Act.

(iii) The act of February 9, 1984 (P.L.3, No.2), known as

the Sheriff and Deputy Sheriff Education and Training Act.

(iv) The act of December 13, 2005 (P.L.432, No.79), known as

the Retired Law Enforcement Identification Act.

(v) Any other firearms program that has been determined by

the Commissioner of the Pennsylvania State Police to be of

sufficient scope and duration as to provide the participant with

basic training in the use and handling of firearms.

(4) An assessment, evaluation or certification related to

the employe or applicant's ability to:

(i) Handle a firearm safely.

(ii) Properly and effectively use a firearm.

(iii) Achieve a minimum competency level related to the use,

handling, repair or modification of firearms.

(b) Notwithstanding any other provision of this act, an

employer may reasonably regulate an employe's possession,

storage or carrying of a firearm on property owned or controlled

by the employer or during the employe's work hours, except that

an employer shall not create any rule or policy or take any

action that interferes with the following:

(1) the lawful carrying of a concealed firearm by an employe

20170HB0038PN0045 - 16 -

licensed to carry a firearm under 18 Pa.C.S. § 6109 or exempted

from licensure under 18 Pa.C.S. § 6106(b);

(2) the lawful storage of a firearm in an employe's personal

vehicle; or

(3) an employe's exercise of self-defense rights when not

acting in his capacity as an employe.

Section 5. Sections 7(i), (j) and (k), 8 and 12(b) of the

act are amended to read:

Section 7. Powers and Duties of the Commission.--The

Commission shall have the following powers and duties:

* * *

(i) To create such advisory agencies and conciliation

councils, local or state-wide, as will aid in effectuating the

purposes of this act. The Commission may itself or it may

empower these agencies and councils to (1) study the problems of

discrimination in all or specific fields of human relationships

when based on race, color, familial status, religious creed,

ancestry, exercise of self-defense rights, age, sex, national

origin or handicap or disability, and (2) foster, through

community effort or otherwise, good will among the groups and

elements of the population of the State. Such agencies and

councils may make recommendations to the Commission for the

development of policies and procedure in general. Advisory

agencies and conciliation councils created by the Commission

shall be composed of representative citizens, serving without

pay, but the Commission may make provision for technical and

clerical assistance to such agencies and councils, and for the

payment of the expenses of such assistance.

(j) To issue such publications and such results of

investigations and research as, in its judgment, will tend to

20170HB0038PN0045 - 17 -

promote good will and minimize or eliminate discrimination

because of race, color, familial status, religious creed,

ancestry, exercise of self-defense rights, age, sex, national

origin or handicap or disability.

(k) To submit an annual report for each fiscal year by the

following March 31 to the General Assembly, the Labor and

Industry Committee of the Senate and the State Government

Committee of the House of Representatives and the Governor

describing in detail the types of complaints received, the

investigations, status of cases, Commission action which has

been taken, how many were found to have probable cause, how many

were resolved by public hearing and the length of time from the

initial complaint to final Commission resolution. It shall also

contain recommendations for such further legislation concerning

abuses and discrimination because of race, color, familial

status, religious creed, ancestry, exercise of self-defense

rights, national origin, age, sex, handicap or disability or the

use of a guide or support animal because of the blindness,

deafness or physical handicap of the user or because the user is

a handler or trainer of support or guide animals, as may be

desirable.

* * *

Section 8. Educational Program.--The Commission, in

cooperation with the Department of Education, is authorized to

recommend a multicultural educational program, designed for the

students of the schools in this Commonwealth and for all other

residents thereof, with emphasis on foreign cultural and

language studies, as well as on the basic shared precepts and

principles of United States culture, in order to promote

cultural understanding and appreciation and to further good will

20170HB0038PN0045 - 18 -

among all persons, without regard to race, color, familial

status, religious creed, ancestry, exercise of self-defense

rights, age, sex, national origin, handicap or disability.

Section 12. Construction and Exclusiveness of Remedy.--

* * *

(b) Except as provided in subsection (c), nothing contained

in this act shall be deemed to repeal or supersede any of the

provisions of any existing or hereafter adopted municipal

ordinance, municipal charter or of any law of this Commonwealth

relating to discrimination because of race, color, familial

status, religious creed, ancestry, exercise of self-defense

rights, age, sex, national origin or handicap or disability, but

as to acts declared unlawful by section five of this act the

procedure herein provided shall, when invoked, be exclusive and

the final determination therein shall exclude any other action,

civil or criminal, based on the same grievance of the

complainant concerned. If the complainant institutes any action

based on such grievance without resorting to the procedure

provided in this act, such complainant may not subsequently

resort to the procedure herein. In the event of a conflict

between the interpretation of a provision of this act and the

interpretation of a similar provision contained in any municipal

ordinance, the interpretation of the provision in this act shall

apply to such municipal ordinance.

* * *

Section 6. This act shall take effect in 60 days.

20170HB0038PN0045 - 19 -