mittee shall constitute a quorum. The concurrence of four of the members when in session as a board shall be the act of the commission.

E. Each member shall receive compensation of twenty dollars for each day in which he participates in meetings, but not to exceed one thousand dollars in any fiscal year. In addition, each member shall receive subsistence and travel for attendance at regular or special meetings as provided by law for other state officers.

F. For the purposes of this chapter, "commission" means the Arizona civil rights commission.

41-1402. POWERS AND DUTIES OF THE COMMISSION

A. The commission may:

1. Employ an executive director and other necessary personnel and fix their salaries.

2. Subject to the provisions and restrictions of this chapter, cooperate with and enter into agreements with the United States equal employment opportunity commission, accept funds from the equal employment opportunity commission, and carry out and perform the covenants and conditions of any written agreement.

3. Waive jurisdiction in such cases where the commission determines that compliance cannot be obtained under the provisions of this chapter.

B. The commission shall:

1. Adopt, promulgate, amend and rescind rules and regulations which are reasonable and necessary to carry out the provisions of this chapter.

2. Administer the provisions of this chapter and attempt as a commission or by subcommittee of two or more members, at least one of whom shall be of each major political party, to mediate and conciliate disputes with respect to discrimination when its jurisdiction is sought.

3. Make periodic surveys of the existence and effect of discrimination because of race, color, religion, sex, national origin or ancestry in the enjoyment of civil rights by any person within the state as prescribed by this chapter.

4. Report from time to time, but not less than once a year in December, to the legislature and the governor, describing its

activities and accomplishments during the year, and shall file with them a copy of all recommendations of the commission as to additional remedial action by legislative enactment or other⚫ wise.

5. Foster, through community effort, in cooperation with both public and private groups, the elimination of discrimination based on race, color, religion, sex, national origin or ancestry.

6. Issue publications of results of studies, investigations and research as in its judgment will tend to promote good will and the elimination of discrimination between persons because of race, color, religion, sex, national origin or ancestry.

7. Furnish persons subject to the provisions of this chapter such assistance as may be reasonably necessary to further compliance with the provisions of this chapter.

41-1403. POWER OF SUBPOENA; TESTIMONY AND OATHS; CONTEMPTS; RIGHT TO COUNSEL

A. The commission may subpoena witnesses at hearings and compel their attendance, administer oaths, take the testimony of any person under oath and require the production for examination of books and papers relating to any matter before the commission. Failure to obey a subpoena issued pursuant to this article shall constitute a contempt punishable upon application of the commission by the superior court.

B. Any person appearing before the commission shall have the right to be represented by counsel.

41-1421.

ARTICLE 2. VOTING RIGHTS

VOTING RIGHTS

A citizen of the United States who is a resident of the state of Arizona and is qualified to become an elector as prescribed by the terms of section 16-101, and who is otherwise qualified by law to vote at any election by or in the state, county, city, town, school district or any other political subdivision, shall be entitled and allowed to vote at all such elections without discrimination because of race, color, religion, sex, ancestry or national origin.

ARTICLE 3. PUBLIC ACCOMMODATIONS

41-1441. DEFINITIONS

In this article, unless the context otherwise requires:

1. "Person" means an individual, corporation, partnership, unincorporated association, or other organization, and includes

65-5,06 0-66—pt. 2– -38

the owner, lessee, operator, proprietor, manager, superintendent, agent, or employee of any place of public accommodation.

2. "Places of public accommodation" means all public places of entertainment, amusement or recreation, all public places where food or beverages are sold for consumption on the premises, all public places which are conducted for the lodging of transients or for the benefit, use or accommodation of those seeking health or recreation and all establishments which cater or offer its services, facilities or goods to or solicits patronage from the members of the general public. Any residential house, or residence in which less than five rooms are rented, or any private club, or any place which is in its nature distinctly private is not a place of public accommodation.

41-1442. DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION; EXCEPTIONS

A. Discrimination in places of public accommodation against any person because of race, color, creed, national origin or ancestry is contrary to the policy of this state and shall be deemed unlawful.

B. No person shall, directly or indirectly, refuse to, withhold from, or deny to any person, nor aid in or incite such refusal to deny or withhold, accommodations, advantages, facilities or privileges thereof because of race, color, creed, national origin, or ancestry, nor shall distinction be made with respect to any person based on race, color, creed, national origin, or ancestry in connection with the price or quality of any item, goods or services offered by or at any place of public accommodation.

C. Any person under the influence of alcohol or narcotics, or who is guilty of boisterous conduct, or who is of lewd or immoral character, or who is physically violent, or who violates any regulation of any place of public accommodation that applies to all persons regardless of race, color, creed, national origin, or ancestry, may be excluded from any such place of public accommodation and nothing in this article shall be considered to limit the right of such exclusion.

ARTICLE 4. DISCRIMINATION IN EMPLOYMENT

41-1461.

DEFINITIONS

In this article, unless the context otherwise requires:

1. "Employer" means a person who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include a bona

fide private membership club (other than a labor organization) which is exempt from federal taxation under section 501(C) of title 26, United States Code. The term shall include the state and any political subdivision thereof.

2. "Employment agency" means and includes both public and private employment agencies and any person having an office regularly undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer or place employees.

3. "Labor organization" means and includes any organization or labor union, craft union, or such organization conducting a hiring hall which engages in the hiring of employees, or any voluntary unincorporated association designed to further the cause of the rights of union labor which is constituted for the purpose in whole or in part of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or apprenticeships or applications for apprenticeships, or of other mutual aid or protection in connection with employment, including apprentice's jobs or application for apprenticeships.

4. "Person" means and includes one or more individuals, partnerships, associations or corporations, legal representatives, trustees, receivers, or other organized groups of persons.

41-1462. DISCRIMINATORY PRACTICES

Unlawful discriminatory practices shall be:

1. For an employer, because of the race, sex, religious creed, color, national origin or ancestry of any person, to refuse to hire or employ him or to bar or to discharge from employment such person, or to discriminate against such person in compensation or in terms, conditions or privileges of employment.

2. For a labor organization, because of race, sex, religious creed, color, national origin, or ancestry of any person, to exclude, expel, limit, or restrict from its membership such person, or to provide only second-class or segregated membership, or to discriminate in any manner against any of its members or against any employer or any person employed by an employer.

3. For any employer or employment agency to print or circulate, or cause to be printed or circulated, any publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, religion, sex, national origin, or ancestry, or expresses any intent to make any such limitation,

specification or discrimination, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, national origin or ancestry when religion, sex, national origin or ancestry is a bona fide occupational qualification for employment.

4. For any employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because he has opposed in a lawful manner any practices forbidden under this chapter, or because he has filed à complaint, testifies or assists in any proceeding under this article.

5. For any person to aid, abet, incite, compel or coerce the doing of any of the acts forbidden under this article or to attempt to do so.

6. For any person to cause or attempt to cause an employer to discriminate against an individual in violation of this article. 41-1463. EXEMPT EMPLOYMENT PRACTICES

Notwithstanding any other provision of this article, it shall not be an unlawful employment practice:

1. For an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, ancestry or national origin in those certain instances where religion, sex, ancestry or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

2. For a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

3. For an employer to apply different standards of compensation, or different terms, conditions, or privileges of employ