SB 271 — Insurance; discrimination based on status as living organ donor prohibited.
Last action — Senate sustained Governor's veto
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 22, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Mixed recorded votes
11 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Living organ donors; discrimination prohibited. Prohibits any person from refusing to insure, refusing to continue to insure, or limiting the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or to charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. The provisions of the bill apply to such insurance plans that are entered into, amended, extended, or renewed on or after January 1, 2023. This bill incorporates SB 242 and SB 244 and is identical to HB 421.
Bill Text
What changed in the latest version
70 added · 66 removedPlain-language change summary
The amendment updates § 38.2-508 of the Code of Virginia to explicitly prohibit unfair discrimination against individuals based on their status as living organ donors. This means that insurers cannot discriminate in the rates, benefits, or terms of life or health insurance contracts simply because a person has donated an organ. It highlights inclusivity in insurance practices for living organ donors within Virginia's regulations.
SESSION HOUSEENROLLED SUBSTITUTEVIRGINIA 22107041DACTS AMENDMENT IN THE NATURE OF AASSEMBLY SUBSTITUTE–– (ProposedCHAPTER byE theAn HouseAct Committee on Commerce and Energy on February 24, 2022) (Patrons Prior to Substitute––Senators Ebbin and Hashmi [SBs 242 and 244]) A BILL to amend and reenact § 38.2-508 of the Code of Virginia, relating to insurance;
R O [S 271] Approved L L Be it enacted by the General Assembly of Virginia:
That § 38.2-508.38.2-508 of the Code of Virginia is amended and reenacted as follows:
UnfairE discrimination.ginia§ is38.2-508. amended and reenacted as follows:
NoUnfair persondiscrimination. shall:
D 1.
O2. and of essentially the same hazard (i) in the amount of premium, policy fees, or rates charged for any policy or contract of accident or health insurance, (ii) in the benefits payable under such policy or contract, (iii) in any of the terms or conditions of such policy or contract, or (iv) in any other manner;
3.Unfairly discriminate or permit any unfair discrimination between individuals of the same class and of essentially the same hazard (i) in the amount of premium, policy fees, or rates charged for any policy or contract of accident or health insurance, (ii) in the benefits payable under such polBcy or contract, (iii) in any of the terms or conditions of such policy or contract, or (iv) in any ot7er manner;
Refuse to insure, refuse to continue to insure, or limit the amount, extent or kind of inSurance coverage available to an individual, or charge an individual a different rate for the same coveragecoveEage solely because of blindness, or partial blindness, or mental or physical impairments, unless the refusEl,refusal, interpretedlimitation to modify any other provision of law relating to the termination, modification, issuance or renewalrate ofdifferential anyis insurancebased policyon orsound contract;actuarial principles.
This paragraph shall not be interpreted to modify any other provision of law relating to the termination, modification, issuance or renewal of any insurance policy or contract;
Unfairly discriminate or permit any unfair discrimination between individuals or risks ofStheof the same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling or limiting the amount of insurance coverage solely because of the geographic location of the individual or risk, unless:unla.
BThe refusal, cancellation or limitation is for a business purpose that is not a mere pretext for unfair discrimination;
or cancellation or limitation is for a business purpose that is not a mere pretext for unfair b.
S 5.
Make or permit any unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, cancelling or limiting thIthe amount of insurance coverage on a residential property risk, or the personal property contained in a residential :property risk, solely because of the age of the residential property, unless:
36a. property risk, solely because of the age of the residential property, unless:
TThe 38refusal, discrimination;cancellation or limitation is for a business purpose that is not a mere pretext for unfair disb.
or cancellation or limitation is for a business purpose that is not a mere pretUxt for unfair 39 b.
40 6.
Refuse to issue or renew any individual accident and sickness insurance policy or contract for coverage over and above any lifetime benefit of a group accident and sickness policy or contracEcontract solely because an individual is insured under a group accident and sickness insurance policy or contract, provided that medical expenses covered by both individual and group coverage shall be paid first by the group policy or contract to the extent of the group coverage;
or insurance7. underwriting, pricing, renewal, scope of coverage, or payment of claims on any and allegard to insurance defined in § 38.2-100 and further classified in Article 2 (§ 38.2-101 et seq.) of Chapter 1 of this title, other than (i) legal services plans as provided for in Chapter 44 (§ 38.2-4400 et seq.) of this title and (ii) the insurance classified in §§ 38.2-110 through 38.2-133.
TheConsider termthe "domesticstatus vioSence"of meansa thevictim occurrenceof domestic violence as a criterion in any decision with regard to insurance underwriting, pricing, renewal, scope of onecoverage, or morepayment of theclaims followingon actsany byand aall currentthis ortitle, formerother familythan member,2(i) householdlegal memberservices plans as definedprovided for in §Chapter 16.1-228,44 person(§ against38.2-4400 whomet seq.) of this title and (ii) the victiminsurance obtainedclassified ain protective1order§§ or38.2-110 a.through 38.2-133.
AttemptingThe toterm cause"domestic violence" means the occurrence of one or causingmore of the following acts by a current or threateningformer anotherfamily member, household member as defined in § 16.1-228, person physicalagainst harm,whom severethe emotio1alvictim distress,obtained psychologicala trauma,protective rapeorder or sexualcaretaker: assault;
a.
Attempting to cause or causing or threatening another person physical harm, severe emotional distress, psychological trauma, rape or sexual assault;
Engaging in a course of conduct or repeatedly committing acts toward another person, including followingfear theof personbodily withoutinjury properor authority,physical harm;hority, under circumstances that place the person in reasonable fearc. of bodily injury or physical harm;
c.
or of 2 d.
Attempting to cause or causing damage to property so as to intimidate or attempt to control the SB271H1 2 of 2 behavior of another person.
2.
That the provisions of this act shall apply to life insurance, disability insurance, or long-term care insurance plans that are entered into, amended, extended, or renewed on or after January 1, 2023.
View plain text versions (4)
- SB271ER View text Current pdf March 21, 2022
- Committee Substitute Committee substitute printed 22107041D-H1 pdf February 24, 2022
- Committee Substitute Committee substitute printed 22104647D-S1 pdf January 17, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100578D pdf January 11, 2022
Action History
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Senate sustained Governor's veto
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Requires 2/3 affirmative votes to pass in enrolled form
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Motion to pass in enrolled form rejected (21-Y 19-N)
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Vetoed by Governor
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Impact statement from DPB (SB271ER)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Enrolled
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Conference report agreed to by Senate (40-Y 0-N)
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VOTE: Adoption (97-Y 0-N)
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Conference report agreed to by House (97-Y 0-N)
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Amended by conference committee
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Impact statement from DPB (SB271H1)
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Conferees appointed by House
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Senate acceded to request
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Conferees appointed by Senate
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Senate acceded to request (40-Y 0-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (0-Y 40-N)
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VOTE: Block Vote Passage (100-Y 0-N)
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Passed House with substitute BLOCK VOTE (100-Y 0-N)
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Engrossed by House - committee substitute SB271H1
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Committee substitute agreed to 22107041D-H1
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Read third time
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Read second time
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Reported from Appropriations (22-Y 0-N)
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Referred to Committee on Appropriations
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Committee substitute printed 22107041D-H1
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Reported from Commerce and Energy with substitute (22-Y 0-N)
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Referred to Committee on Commerce and Energy
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB271S1)
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Read third time and passed Senate (39-Y 0-N)
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Engrossed by Senate - committee substitute SB271S1
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Committee substitute agreed to 22104647D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (16-Y 0-N)
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Rereferred to Finance and Appropriations
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Committee substitute printed 22104647D-S1
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Incorporates SB244 (Hashmi)
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Incorporates SB242 (Hashmi)
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Reported from Commerce and Labor with substitute (15-Y 0-N)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/12/22 22100578D
Sponsors
- Ghazala F. Hashmi · Cosponsor
- Adam P. Ebbin · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 37 voted No
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 0 | 0 | 3 |
| Total | 96 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 40 | 0 | 0 |
| Total | 0 | 40 | 0 | 0 |
| % of votes cast | 0% | 100% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Yea |
| Delores L. McQuinn | — | Yea |
| Emily M. Jordan | — | Yea |
| Fariss, C. Matthew | — | Yea |
| James W. Morefield | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Sam Rasoul | — | Yea |
| Scott A. Wyatt | — | Yea |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Yea |
| Wampler, William C., III | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 271 do?
- Living organ donors; discrimination prohibited. Prohibits any person from refusing to insure, refusing to continue to insure, or limiting the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or to charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. The provisions of the bill apply to such insurance plans that are entered into, amended, extended, or renewed on or after January 1, 2023. This bill incorporates SB 242 and SB 244 and is identical to HB 421.
- Who sponsors SB 271?
- SB 271 is sponsored by Ghazala F. Hashmi and Adam P. Ebbin.
- What is the current status of SB 271?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 271?
- Track SB 271 free on One Click Politics — get push/email alerts when it moves.
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