California 2011-2012 Regular Session Status: Enacted

SB 757 — Discrimination.

Last action — Chaptered by Secretary of State. Chapter 722, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 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

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans and makes a willful violation of its provisions a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan and a health insurance policy to provide group coverage to the registered domestic partner of an employee, subscriber, insured, or policyholder that is equal to the coverage it provides to the spouse of those persons. This bill would specify that a plan or policy may not discriminate in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex. Existing law provides that a policy or certificate of health insurance marketed, issued, or delivered to a California resident, regardless of the situs of the contract or master group policyholder, is generally subject to California insurance law, except for a policy issued outside of California to an employer whose principal place of business and majority of employees are located outside of California. This bill would provide that every group health care service plan contract and every group health insurance policy that is marketed, issued, or delivered to a California resident is subject to the requirements to provide equal coverage to domestic partners as is provided to spouses, notwithstanding any other provision of law. The bill would also provide that notwithstanding the exception for a policy issued outside of California to an employer whose principal place of business and majority of employees are located outside of California, no policy or certificate of health insurance marketed, issued, or delivered to a resident of this state shall discriminate in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 722, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 13. Page 2273.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 50. Noes 24. Page 2790.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 12. Noes 5.) (August 17).

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 28).

  13. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 5.) (June 21). Re-referred to Com. on JUD.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  15. Referred to Coms. on HEALTH and JUD.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 25. Noes 13. Page 1179.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 6. Noes 2. Page 1014.) (May 16).

  20. Set for hearing May 16.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2. Page 861.) (May 3). Re-referred to Com. on APPR.

  22. Set for hearing May 3.

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  24. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 3. Page 786.) (April 27). Re-referred to Com. on JUD.

  25. Set for hearing April 27.

  26. Hearing postponed by committee.

  27. Set for hearing April 13.

  28. Re-referred to Coms. on HEALTH and JUD.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  30. Referred to Com. on RLS.

  31. From printer. May be acted upon on or after March 22.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Fuentes · Cosponsor
  • Lieu · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 6 voted No

Sponsors (1)

  • Lieu

Co-sponsors (1)

  • Fuentes

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB757 Lieu Concurrence

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hancock — Yea
Runner — Nay
Corbett — Yea
Hernandez — Yea
Huff — Not Voting
Kehoe — Yea
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Not Voting
Harman — Nay
Leno — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Cannella — Nay
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 757 Lieu Senate Third Reading By ATKINS

Passed 50 Yea · 24 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 492206
Democratic 1000
Republican 0200
Total 502406
% of votes cast 63%30%0%8%
How each member voted (80)
Member Party Vote
Hagman — Nay
Hall — Yea
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Fong — Yea
Allen — Yea
Hill — Yea
Swanson — Yea
Williams — Yea
Campos — Yea
Chesbro — Yea
Galgiani — Yea
Gatto — Yea
Dickinson — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Gordon — Yea
Hayashi — Yea
Atkins — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huffman — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Perea — Yea
Torres — Yea
Yamada — Yea
Garrick — Nay
Bonilla — Not Voting
Gorell — Not Voting
Cook — Not Voting
Halderman — Nay
Harkey — Nay
Davis — Not Voting
Donnelly — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mansoor — Nay
Morrell — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Solorio — Yea
Valadao — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Lara — Yea
Ma — Yea
Miller — Nay
Nestande — Nay
Skinner — Yea
Smyth — Not Voting
Wagner — Nay
Wieckowski — Yea
Conway — Nay
Eng — Yea
Fuentes — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Mitchell — Yea
Gatto — Yea
Hall — Yea
Harkey — Nay
Campos — Yea
Lara — Yea
Davis — Yea
Donnelly — Nay
Nielsen — Nay
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Norby — Nay
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Judiciary.

Passed 13 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13501
Total 13501
% of votes cast 68%26%0%5%
How each member voted (19)
Member Party Vote
Gordon — Yea
Mitchell — Yea
Bonilla — Yea
Monning — Yea
Atkins — Yea
Garrick — Nay
Ammiano — Yea
Logue — Nay
Nestande — Nay
Silva — Nay
Williams — Yea
Hayashi — Yea
Mansoor — Nay
Pan — Yea
Smyth — Not Voting
Eng — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea

Official roll call →

3rd Reading

Passed 25 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231202
Democratic 2000
Republican 0100
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Cannella — Nay
Wyland — Nay
Fuller — Nay
Corbett — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Rubio — Yea
Correa — Yea
Huff — Nay
Alquist — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Wright — Yea
Runner — Nay
Emmerson — Nay
Harman — Not Voting
Dutton — Nay
Anderson — Nay
Blakeslee — Nay
Hernandez — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Nay
Lieu — Yea
Price — Yea
Alquist — Yea
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Walters — Not Voting
Emmerson — Nay

Official roll call →

Subjects

civil-rights health-insurance
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Frequently asked questions

What does SB 757 do?
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans and makes a willful violation of its provisions a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan and a health insurance policy to provide group coverage to the registered domestic partner of an employee, subscriber, insured, or policyholder that is equal to the coverage it provides to the spouse of those persons. This bill would specify that a plan or policy may not discriminate in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex. Existing law provides that a policy or certificate of health insurance marketed, issued, or delivered to a California resident, regardless of the situs of the contract or master group policyholder, is generally subject to California insurance law, except for a policy issued outside of California to an employer whose principal place of business and majority of employees are located outside of California. This bill would provide that every group health care service plan contract and every group health insurance policy that is marketed, issued, or delivered to a California resident is subject to the requirements to provide equal coverage to domestic partners as is provided to spouses, notwithstanding any other provision of law. The bill would also provide that notwithstanding the exception for a policy issued outside of California to an employer whose principal place of business and majority of employees are located outside of California, no policy or certificate of health insurance marketed, issued, or delivered to a resident of this state shall discriminate in coverage between spouses or domestic partners of a different sex and spouses or domestic partners of the same sex. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 757?
SB 757 is sponsored by Fuentes and Lieu.
What is the current status of SB 757?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track SB 757?
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