Existing law generally regulates classes of insurance, including life insurance and disability income insurance. Existing law, on and after January 1, 2023, prohibits a life or disability income insurer from, among other things, requiring an HIV test to determine an individual's insurability, except as specified, and from considering specified traits of an applicant, including actual or perceived sexual orientation, in determining whether to require an HIV test of that applicant. Existing law, on and after that same date, prohibits a policy or certificate from limiting benefits otherwise payable if a loss is caused by or contributed to by HIV or AIDS, unless the insurer could have declined the application or enrollment request, as specified. Existing law, also on and after that date, imposes criminal penalties, including imprisonment in a county jail for a period not to exceed one year, and civil penalties for the negligent, willful, or malicious disclosure of results of an HIV test to a third party, and makes a person liable for all actual damages that are a proximate cause of the disclosure. This bill, on and after January 1, 2023, would prohibit a life or disability income insurer from considering the occupation of an applicant in determining whether to require an HIV test of that applicant. On and after January 1, 2023, the bill would delete the prohibition on a policy or certificate from limiting benefits payable for a loss caused by or contributed to by HIV or AIDS, as specified. On and after January 1, 2023, the bill would reduce the authorized imprisonment period for the negligent, willful, or malicious disclosure of HIV test results to a period not to exceed 364 calendar days, and would make a person who negligently, willfully, or maliciously discloses those test results to a third party liable for all actual damages that are proximately caused by the disclosure.
Chaptered by Secretary of State. Chapter 134, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 1866.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 77. Noes 0. Page 2211.) Ordered to the Senate.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 24).
Coauthors revised.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on INS.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 36. Noes 0. Page 970.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 0. Page 728.) (April 8).
Set for hearing April 8.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Art. IV. Sec. 8(a) of the Constitution dispensed with.
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
(Ayes 32. Noes 4.)
From printer. May be acted upon on or after March 4.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Bill Text Versions | Format |
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SB283 | HTML |
02/01/21 - Introduced | |
03/10/21 - Amended Senate | |
06/08/21 - Amended Assembly | |
07/09/21 - Enrolled | |
07/23/21 - Chaptered |
Document | Format |
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04/07/21- Senate Insurance | |
04/14/21- Sen. Floor Analyses | |
06/23/21- Assembly Insurance | |
07/01/21- Sen. Floor Analyses |
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