SENATE BILL REPORT

                   SB 6669

              As Reported By Senate Committee On:

           Labor, Commerce & Trade, February 1, 1996

Title:  An act relating to excessive charges for products and services because of the customer's sex.

Brief Description:  Prohibiting excessive charges for products and services because of the customer's sex.

Sponsors:  Senators Thibaudeau, Drew, Pelz, Smith and Kohl.

Brief History:

Committee Activity:  Labor, Commerce & Trade:  1/29/96, 2/1/96 [DPS, DNPS].

SENATE COMMITTEE ON LABOR, COMMERCE & TRADE

Majority Report:  That Substitute Senate Bill No. 6669 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Pelz, Chair; Heavey, Vice Chair; Franklin, Fraser and Wojahn.

Minority Report:  Do not pass substitute.

  Signed by Senator Deccio.

Staff:  Jonathan Seib (786-7427)

Background:  The state's law against discrimination directs the Human Rights Commission to investigate and eliminate certain unfair practices based on a person's sex.  A person found to have committed an unfair practice may be ordered to stop the practice, to pay actual damages, and to pay up to $10,000 damages for humiliation and mental suffering.

Among the unfair practices enumerated in the law, none explicitly prohibit the practice of charging different prices for a product or service based on the purchaser's sex.  There is concern that the current law does not prevent this practice from occurring.

Summary of Substitute Bill:  It is an unfair practice for any person to charge more for a product or service because of a purchaser's sex.

Price differences based specifically on the amount of time, difficulty, or cost of providing a product or service are not prohibited.

The act does not affect laws governing insurer underwriting or rating practices.

Substitute Bill Compared to Original Bill:  Language is clarified and changed to assure that the bill will not effect any underwriting or rating practices governed by the insurance code.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Studies suggest that this is a pervasive problem.  The bill would clarify existing law to explicitly prohibit price discrimination based on gender.  The bill is simply a matter of fairness.  Women, who generally earn less than men, should not have to pay more for identical products and services.

Testimony Against:  None.

Testified:  PRO:  Senator Thibaudeau, prime sponsor; Idolina Reta, WA State Human Rights Commission; Majken Ryherd Keira, WA Women United; Lonnie Johns-Brown, WA State NOW; Judy Turpin, NW Women's Law Center.