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SB 1196

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Feb 20, 2020
  • Senate
  • Assembly
  • Governor

Price gouging.

Bill Subjects

Price Gouging.

Abstract

Under existing law, upon the proclamation of a state of emergency, as defined, by the President of the United States or the Governor, or upon the declaration of a local emergency, as defined, by the executive officer of any county, city, or city and county, and for 30 days following the proclamation or declaration of emergency, it is a misdemeanor for a person, contractor, business, or other entity to sell or offer to sell certain goods or services for a price 10% greater than the price charged by that person immediately prior to the proclamation or declaration of emergency. Existing law makes a greater price increase lawful under these provisions if the person can prove that the increase in price was directly attributable to additional costs imposed on it by the supplier of the goods, or directly attributable to additional costs for the labor or materials used to provide the services, during the state of emergency or local emergency, and the price is no more than 10% greater than the total of the cost to the seller plus the markup customarily applied by the seller. Existing law authorizes the local legislative body, local official, Governor, or Legislature, to extend the duration of this prohibition for additional 30 day periods, if deemed necessary to protect the lives, property, or welfare of the citizens. This bill would expand that crime to also include selling or offering to sell those goods or services for a price 10% greater than the price charged immediately prior to a date set by the proclamation or declaration of emergency. The bill would also make it a crime for a person, contractor, business, or other entity who did not charge a price for the goods or services immediately prior to the proclamation or declaration of emergency to charge a price that is more than 50% greater than either the amount that the seller paid for the goods or, if the seller did not purchase the goods, the seller's costs in selling or providing the goods or services. The bill would authorize the Governor or the Legislature to extend the duration of these prohibitions for periods greater than 30 days. This bill would make those crimes punishable as a misdemeanor or a felony if the violation involves charging prices on one or more goods in one or more transactions where the aggregate amount charged exceeds the amount permitted by at least $10,000. By expanding the scope of a crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Sponsors (6)

Thomas J. Umberg

  • Democratic
  • upper
  • 34
Author

Ling Ling Chang

  • Republican
  • upper
  • 29
Coauthor

William P. Brough

  • Republican
  • lower
  • 73
Coauthor

Steven S. Choi, Ph.D.

  • Republican
  • lower
  • 68
Coauthor

Tom Daly

  • Democratic
  • lower
  • 69
Coauthor

Tyler Diep

  • Republican
  • lower
  • 72
Coauthor

Votes


Actions


May 28, 2020

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Reading-2
  • Reading-1
  • Referral-Committee
  • Amendment-Passage
Com. on APPR.

May 27, 2020

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (May 27).

May 15, 2020

Senate

Set for hearing May 27.

May 14, 2020

Senate

May 20 hearing postponed by committee.

May 12, 2020

Senate

Set for hearing May 20.

May 11, 2020

Senate

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Apr 29, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Reading-2
  • Referral-Committee
  • Reading-1
  • Committee-Passage
  • Amendment-Passage
Com. on RLS.

Apr 08, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Reading-2
  • Referral-Committee
  • Reading-1
  • Committee-Passage
  • Amendment-Passage
Com. on RLS.

Mar 26, 2020

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  • Reading-2
  • Referral-Committee
  • Reading-1
  • Committee-Passage
  • Amendment-Passage
Com. on RLS.

Mar 05, 2020

Senate

Referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Feb 21, 2020

Senate

From printer. May be acted upon on or after March 22.

Feb 20, 2020

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1196 HTML
02/20/20 - Introduced PDF
03/26/20 - Amended Senate PDF
04/08/20 - Amended Senate PDF
04/29/20 - Amended Senate PDF
05/28/20 - Amended Senate PDF

Related Documents

Document Format
No related documents.

Sources

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