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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 SENATE  APRIL 19, 2016
	AMENDED IN SENATE  MARCH 31, 2016

INTRODUCED BY   Senator Hueso
   (Principal coauthor: Assembly Member Gonzalez)
   (Coauthor: Senator Hall)
   (Coauthor: Assembly Member Campos)

                        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.
   Existing law 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.
   This bill would also prohibit  this 
discrimination  because of a person's gender  with respect
to the price charged for  goods.   goods of a
substantially similar or like kind, except for food, as defined. 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. 
   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  goods or  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) 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. 
    (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.  
    (d) 
    (f)  Except as provided in subdivision  (f),
  (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.

    (e) 
    (g)  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. 
    (f) 
    (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.