Bill Text: CA AB447 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Property insurance: discrimination.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 432, Statutes of 2015. [AB447 Detail]

Download: California-2015-AB447-Chaptered.html

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BILL NUMBER: AB 447	CHAPTERED
	BILL TEXT

	CHAPTER  432
	FILED WITH SECRETARY OF STATE  OCTOBER 2, 2015
	APPROVED BY GOVERNOR  OCTOBER 2, 2015
	PASSED THE SENATE  AUGUST 31, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2015
	AMENDED IN SENATE  JUNE 30, 2015
	AMENDED IN ASSEMBLY  JUNE 2, 2015
	AMENDED IN ASSEMBLY  APRIL 29, 2015

INTRODUCED BY   Assembly Member Maienschein
   (Coauthor: Assembly Member Cooley)

                        FEBRUARY 23, 2015

   An act to add Section 679.74 to the Insurance Code, relating to
insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 447, Maienschein. Property insurance: discrimination.
   Existing law prohibits an admitted insurer licensed to issue
policies of residential property insurance from failing or refusing
to accept an application for, or issuing a policy to an applicant
for, that insurance, except as specified, or from canceling the
insurance, under conditions less favorable to the insured than in
other comparable cases, except for reasons applicable alike to
persons of every sex, race, color, religion, ancestry, national
origin, disability, medical condition, genetic information, marital
status, or sexual orientation. Existing law provides that sex, race,
color, religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, or sexual orientation
shall not, of itself, constitute a condition or risk for which a
higher rate, premium, or charge may be required of the insured.
   Existing law also prohibits an application for one of these
policies, or an insurance investigation report, from carrying any
identification, or any requirement therefor, of the applicant's sex,
race, color, religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, or sexual
orientation.
   This bill would, for specified types of real property, add certain
other characteristics relating to the insured or the insured
property to the categories that may not be used by an insurer for the
purposes described above, including, under certain circumstances,
the level or source of income and the receipt of government or public
assistance by an individual or group of individuals residing or
intending to reside upon the property, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 679.74 is added to the Insurance Code, to read:

   679.74.  (a) An admitted insurer that is licensed to issue a
policy of insurance upon real property of the type described in
paragraph (1) of subdivision (a) of Section 675 or paragraph (1) of
subdivision (b) of Section 675.5, when that real property is used for
residential purposes, or property of the type described in
subdivision (a) of Section 10087, shall not fail or refuse to accept
an application for, or to issue a policy to an applicant for, that
insurance unless the insurance is to be issued to the applicant by
another insurer under the same management and control, or cancel that
insurance, based upon the following characteristics:
   (1) The level or source of income of an individual or group of
individuals residing or intending to reside upon the property to be
insured, if the individual or group of individuals is not the owner
of the real property.
   (2) The receipt of assistance, intended for housing, from the
federal or state government, or from a local public entity, as
defined in Section 50079 of the Health and Safety Code, including,
but not limited to, federal vouchers issued under Section 8 of the
United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
individual or group of individuals residing or intending to reside
upon the property insured or to be insured.
   (b) An application for a policy of insurance upon real property of
the type described in subdivision (a), or an insurance investigation
report furnished by an insurer to its agents or employees for use in
determining the insurability of an applicant under such a policy,
shall not carry any identification, or any requirement for
identification, of the following characteristics:
   (1) The level or source of income of an individual or group of
individuals residing or intending to reside upon the property to be
insured, if the individual or group of individuals is not the owner
of the real property.
   (2) The receipt of assistance, intended for housing, from the
federal or state government, or from a local public entity, as
defined in Section 50079 of the Health and Safety Code, including,
but not limited to, federal vouchers issued under Section 8 of the
United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
individual or group of individuals residing or intending to reside
upon the property insured or to be insured.
   (c) In the case of real property of the type described in
paragraph (1) of subdivision (a) of Section 675, paragraph (1) of
subdivision (b) of Section 675.5, or subdivision (a) of Section 10087
that is used for both residential and commercial purposes, the
insurer, or its agent or employee, may consider the source of income
of a nonresidential tenant of the property in determining the
insurability of an applicant.
   (d) Nothing in this section prohibits an insurer from failing or
refusing to accept an application for, issuing, or canceling or
failing to renew, a policy of insurance covered by this chapter as a
result of underwriting or assessment of factors other than those
characteristics listed in subdivision (a), or as otherwise prohibited
by law.