Gender based pricing bill fails in Assembly judiciary

By CMTA Staff

Capitol Update, July 1, 2016 Share this on FacebookTweet thisEmail this to a friend

SB 899 by Senator Ben Hueso (D-Chula Vista) failed in the Assembly Judiciary Committee this week without a vote. The author decided to “pull” the measure off the file right before the committee began. The bill was brought forth the previous week and several members on the committee had various concerns with the bills language. The bill would have prohibited a business establishment from discriminating, with respect to the price charged for goods of a “substantially similar or like kind,” against a person because of the person's gender. For purposes of goods that are of a "substantially similar or like kind" they were to do all of the following – share the same brand; share the same functional components; share 90 percent of the same materials or ingredients. Some members were confused with how this bill wasn’t already covered though existing laws, such as the Unruh Civil Rights Act and the Gender Repeal Tax of 1995. Others did not like the ambiguity of the language.

CMTA took a late oppose position to the bill due to an amendment taken that would have created protection for retailers and would have made manufacturers the reservoir of liability in the bill. CMTA believed this could have created frivolous litigation for its members. The bill is now dead for the year, but rumors have already surfaced that the proponents will be coming back with the same issue at the start of next year’s session.  

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