Genetic Information Privacy Act.
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SB 1267 — Genetic Information Privacy Act.
Last action — Held in committee and under submission.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law prohibits discrimination on the basis of genetic information under various provisions of law, including, among others, the Unruh Civil Rights Act and the California Fair Employment and Housing Act. Existing law prohibits discrimination in the enrollment of health insurance plans on the basis of an individual's genetic characteristics, as defined. Existing law also imposes prohibitions on the disclosure by a health care service plan of the results of a test for a genetic characteristic contained in an applicant's or enrollee's medical records. This bill would establish the Genetic Information Privacy Act, which would provide that an individual's genetic information, as defined, is protected by the right of privacy, as specified. The bill would, notwithstanding any other law, prohibit any person, as defined, from obtaining, analyzing, or disclosing genetic information without the written authorization of the individual to whom the information pertains, as specified. The bill would establish civil and criminal penalties for a violation of this prohibition, as specified. The bill would require a separate written authorization for each separate disclosure of an individual's genetic information. The bill would also provide a written authorization form to be used to obtain the written authorization described above. This bill would exempt certain individuals from the prohibitions and penalties described above, including, among others, law enforcement officials in the execution of their official duties, as specified, and hospitals, laboratories, and physicians carrying out court-ordered tests. The bill would permit disaggregated and anonymized data, as defined, that was collected before the bill's enactment to be used, as specified, without the authorization described above. The bill would also permit the use of disaggregated and anonymized data, as specified, if the written authorization described above is obtained and the data is used for a purpose authorized by the individual to whom the information pertains. By creating new crimes, 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 because it creates new crimes.
Bill Text
- Amended 05/01/12 - Amended Senate Current pdf May 01, 2012
- Amended 03/27/12 - Amended Senate pdf March 27, 2012
- Introduced 02/23/12 - Introduced pdf February 23, 2012
- SB1267 View text html
Action History
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Held in committee and under submission.
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Set for hearing May 24.
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Placed on APPR. suspense file.
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Set for hearing May 14.
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Read second time and amended. Re-referred to Com. on APPR.
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From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 2. Page 3309.) (April 24).
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Set for hearing April 24.
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Re-referred to Com. on JUD.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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From printer. May be acted upon on or after March 25.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Stephen C. Padilla · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Padilla, Stephen C. Democratic
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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 | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Kehoe | — | Yea |
| Dutton | — | Yea |
| Lieu | — | Yea |
| Walters | — | Yea |
| Alquist | — | Yea |
| Price | — | Yea |
| Steinberg | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| Total | 3 | 2 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Harman | — | Nay |
| Blakeslee | — | Nay |
| Corbett | — | Yea |
| Leno | — | Yea |
| Evans | — | Yea |
Subjects
Frequently asked questions
- What does SB 1267 do?
- Existing law prohibits discrimination on the basis of genetic information under various provisions of law, including, among others, the Unruh Civil Rights Act and the California Fair Employment and Housing Act. Existing law prohibits discrimination in the enrollment of health insurance plans on the basis of an individual's genetic characteristics, as defined. Existing law also imposes prohibitions on the disclosure by a health care service plan of the results of a test for a genetic characteristic contained in an applicant's or enrollee's medical records. This bill would establish the Genetic Information Privacy Act, which would provide that an individual's genetic information, as defined, is protected by the right of privacy, as specified. The bill would, notwithstanding any other law, prohibit any person, as defined, from obtaining, analyzing, or disclosing genetic information without the written authorization of the individual to whom the information pertains, as specified. The bill would establish civil and criminal penalties for a violation of this prohibition, as specified. The bill would require a separate written authorization for each separate disclosure of an individual's genetic information. The bill would also provide a written authorization form to be used to obtain the written authorization described above. This bill would exempt certain individuals from the prohibitions and penalties described above, including, among others, law enforcement officials in the execution of their official duties, as specified, and hospitals, laboratories, and physicians carrying out court-ordered tests. The bill would permit disaggregated and anonymized data, as defined, that was collected before the bill's enactment to be used, as specified, without the authorization described above. The bill would also permit the use of disaggregated and anonymized data, as specified, if the written authorization described above is obtained and the data is used for a purpose authorized by the individual to whom the information pertains. By creating new crimes, 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 because it creates new crimes.
- Who sponsors SB 1267?
- SB 1267 is sponsored by Padilla, Stephen C. (Democratic).
- What is the current status of SB 1267?
- This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1267?
- Track SB 1267 free on One Click Politics — get push/email alerts when it moves.
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