Bill Text: CA SB899 | 2015-2016 | Regular Session | Amended

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Bill Title: Gender discrimination: pricing.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2016-11-30 - From Assembly without further action. [SB899 Detail]

Download: California-2015-SB899-Amended.html

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BILL NUMBER: SB 899	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 13, 2016
	AMENDED IN SENATE  APRIL 19, 2016
	AMENDED IN SENATE  MARCH 31, 2016

INTRODUCED BY   Senator Hueso
   (Principal coauthor: Assembly Member Gonzalez)
   (  Coauthor:   Senator  
Hall   Coauthors:   Senators   Hall,
  Leno,   and Leyva  )
   (  Coauthor:   Assembly Member 
 Campos   Coauthors:   Assembly Members
  Campos   and Eduardo Garcia  )

                        JANUARY 21, 2016

   An act to amend Section 51.6 of the Civil Code, relating to civil
rights.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 899, as amended, Hueso. Gender  discrimination.
  discrimination: pricing. 
   Existing  law   law, the Gender Tax Repeal
Act of 1995,  prohibits a business establishment from
discriminating against a person because of the person's gender with
respect to the price charged for services of similar or like 
kind.   kind and specifies that this prohibition does
not apply to price differences based specifica   lly upon
the amount of time, difficulty, or cost of providing the services.

   This bill would also prohibit  discrimination 
 a business establishment from discriminating against a person
 because of a person's gender with respect to the price charged
for goods of a substantially similar or like kind, except for food,
as  defined.  defined,   or goods sold
by a new motor vehicle dealer, as defined. The bill would specify
that these exceptions shall not bar or otherwise impact a claim
brought under the Unruh Civil Rights Act.  The bill would
specify that a price difference based specifically on labor,
materials, tariffs, or other gender-neutral reasons for having an
increased cost of providing the goods is not included within this
prohibition.  The bill would also specify that a retail
establishment is not prohibited from passing through a price to the
consumer that is set by a manufacturer, distributor, or other entity
that the retailer cannot control. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 51.6 of the Civil Code is amended to read:
   51.6.  (a) This section shall be known, and may be cited, as the
Gender Tax Repeal Act of 1995.
   (b) (1) No business establishment of any kind whatsoever may
discriminate, with respect to the price charged for services of
similar or like kind, against a person because of the person's
gender.
   (2) No business establishment of any kind whatsoever may
discriminate, with respect to the price charged for goods of a
substantially similar or like kind, against a person because of the
person's gender.
   (c) Nothing in paragraph (1) of subdivision (b) prohibits price
differences based specifically upon the amount of time, difficulty,
or cost of providing the services.
   (d)  (1)    Nothing in paragraph (2) of
subdivision (b) prohibits price differences based specifically on the
labor, materials, tariffs, or other gender-neutral reasons for
having increased cost for providing the goods. 
   (2) Nothing in paragraph (2) of subdivision (b) prohibits a retail
establishment from passing through a price to the consumer that is
set by a manufacturer, distributor, or other entity that the retailer
cannot control. 
   (e) (1) For purposes of paragraph (2) of subdivision (b), goods
may be of a substantially similar or like kind if the goods do all of
the following:
   (A) Share the same brand.
   (B) Share the same functional components.
   (C) Share 90 percent of the same materials or ingredients.
   (2) "Goods" shall not include any "food," as defined by Section
12502 of the Food and Agricultural  Code.   Code
or goods sold by a "new motor vehicle dealer," as defined by 
 Section 426 of the Vehicle Code. 
   (f) Except as provided in subdivision (h), the remedies for a
violation of this section are the remedies provided in subdivision
(a) of Section 52. However, an action under this section is
independent of any other remedy or procedure that may be available to
an aggrieved party.
   (g)  (1)    This act does not alter or affect
the provisions of the Health and Safety Code, the Insurance Code, or
other laws that govern health care service plan or insurer
underwriting or rating practices. 
   (2) The exclusions from the term "goods" in paragraph (2) of
subdivision (e) shall not bar or otherwise impact a claim brought
pursuant to Section 51. 
   (h) (1) The following business establishments shall clearly and
conspicuously disclose to the customer in writing the pricing for
each standard service provided:
   (A) Tailors or businesses providing aftermarket clothing
alterations.
   (B) Barbers or hair salons.
   (C) Dry cleaners and laundries providing services to individuals.
   (2) The price list shall be posted in an area conspicuous to
customers. Posted price lists shall be in no less than 14-point
boldface type and clearly and completely display pricing for every
standard service offered by the business under paragraph (1).
   (3) The business establishment shall provide the customer with a
complete written price list upon request.
   (4) The business establishment shall display in a conspicuous
place at least one clearly visible sign, printed in no less than
24-point boldface type, which reads: "CALIFORNIA LAW PROHIBITS ANY
BUSINESS ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE
CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON
BECAUSE OF THE PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE
UPON REQUEST."
   (5) A business establishment that fails to correct a violation of
this subdivision within 30 days of receiving written notice of the
violation is liable for a civil penalty of one thousand dollars
($1,000).
   (6) For the purposes of this subdivision, "standard service" means
the 15 most frequently requested services provided by the business.