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 Bill Text - SB-36 Price gouging: state of emergency.

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 |Add To My Favorites |Track Bill | Version: 09/13/25 - Enrolled
 09/05/25 - Amended Assembly
 09/02/25 - Amended Assembly
 07/17/25 - Amended Assembly
 06/25/25 - Amended Assembly
 05/23/25 - Amended Senate
 02/24/25 - Amended Senate
 12/03/24 - Introduced

 SB-36 Price gouging: state of emergency.(2025-2026)

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 Date Published: 09/13/2025 09:00 PM

SB36:v92#DOCUMENTBill Start

 Enrolled
 September 13, 2025

 Passed
 IN 
 Senate
 September 11, 2025

 Passed
 IN 
 Assembly
 September 09, 2025

 Amended
 IN 
 Assembly
 September 05, 2025

 Amended
 IN 
 Assembly
 September 02, 2025

 Amended
 IN 
 Assembly
 July 17, 2025

 Amended
 IN 
 Assembly
 June 25, 2025

 Amended
 IN 
 Senate
 May 23, 2025

 Amended
 IN 
 Senate
 February 24, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Senate Bill

No. 36

Introduced by Senators Umberg and Smallwood-Cuevas
(Principal coauthors: Senators Cervantes, Cortese, Gonzalez, Hurtado, Menjivar, Pérez, Reyes, and Wahab)
(Coauthor: Senator Richardson)

December 03, 2024

An act to add Section 17206.3 to the Business and Professions Code, to amend Sections 1770 and 3345 of, and to add Title 1.4E (commencing with Section 1749.9) to Part 4 of Division 3 of, the Civil Code, and to amend Section 396 of the Penal Code, relating to price gouging.

LEGISLATIVE COUNSEL'S DIGEST

SB 36, Umberg.
 Price gouging: state of emergency.

(1) Existing law, the Unfair Competition Law, makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified.

This bill would additionally make a person who violates those provisions, if the act or acts of unfair competition are perpetrated against one or more persons displaced due to a state of emergency or local emergency, as defined, at the time the violation occurred, liable for a civil penalty not to exceed $2,500 for each violation, as specified.

(2) Existing law, the Consumers Legal Remedies Act, makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction
 intended to result or that results in the sale or lease of goods or services to a consumer. These include, among others, making false or misleading statements of fact concerning reasons for, existence of, or amounts of, price reductions.

This bill would additionally make it unlawful under those provisions to, among other things, price gouge during a state of emergency or local emergency.

(3) Existing law requires the trier of fact, in a civil action to redress unfair or deceptive acts or practices or unfair competition brought by, on behalf of, or for the benefit of senior citizens, disabled persons, or veterans, to consider specified factors in determining the amount of a discretionary fine, penalty, or remedy to be imposed. Existing law authorizes the trier of fact, upon a finding of one of those factors, to impose a fine, penalty, or other remedy in an amount up to 3 times greater than the amount
 authorized by statute or the amount the trier of fact would impose in the absence of the affirmative finding.

This bill would make those provisions applicable to persons displaced due to a state of emergency or a local emergency, as defined, at the time the violation occurred.

(4) Under existing law, upon the proclamation of a state of emergency by the President of the United States or the Governor, or upon the declaration of a local emergency by the executive officer of any county, city, or city and county, and for 30 days or 180 days, as specified, 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 of more than 10% greater than the price charged by that person immediately prior to the proclamation or declaration of emergency. Existing law authorizes the extension
 of these prohibitions by, among others, the Governor, if deemed necessary to protect the lives, property, or welfare of the citizens. Existing law defines “housing” as any rental housing with an initial lease term of no longer than one year.

This bill would specify that an extension authorized by the Governor may be terminated by a concurrent resolution of the Legislature