California 2021-2022 Regular Session Status: Enacted 2 D cosponsors

SB 283 — Life and disability income insurance: HIV tests.

Last action — Chaptered by Secretary of State. Chapter 134, Statutes of 2021.

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  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 01, 2021. Enacted.

Prognosis

Likely to advance 74% · 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.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 5 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 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 134, Statutes of 2021.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 1866.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 2211.) Ordered to the Senate.

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (June 24).

  9. Coauthors revised.

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

  11. Referred to Com. on INS.

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

  13. Read third time. Passed. (Ayes 36. Noes 0. Page 970.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 12. Noes 0. Page 728.) (April 8).

  16. Set for hearing April 8.

  17. Re-referred to Com. on INS.

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

  19. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  20. (Ayes 32. Noes 4.)

  21. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  22. Referred to Com. on RLS.

  23. From printer. May be acted upon on or after March 4.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

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 SB283 Gonzalez et al. Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 12001
Republican 4000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Newman — Yea
Atkins — Yea
Dodd — Yea
Hueso — Yea
Nielsen — Yea
Bradford — Yea
Melendez — Yea
Wilk — Yea
Gonzalez — Yea
Kamlager — Yea
Hertzberg — Yea
Wieckowski — Yea
Skinner — Yea
Roth — Yea
Rubio — Yea
Leyva — Yea
Bates — Yea
Borgeas — Yea
Min — Yea
Pan — Yea
Portantino — Yea
Eggman — Yea
Glazer — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Not Voting
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 283 Gonzalez Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 25001
Unaffiliated 43001
Republican 9000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Not Voting
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Democratic 4000
Unaffiliated 9000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Wood — Yea
Cooper — Yea
Mayes — Yea
Voepel — Yea
Cooley — Yea
Daly — Yea
Bigelow — Yea
Frazier — Yea
Rodriguez — Yea
Berman, Marc Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Chen, Phillip Republican Yea

Official roll call →

3rd Reading

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Democratic 11002
Republican 4000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Min — Yea
Bradford — Yea
Hueso — Yea
Roth — Yea
Rubio — Yea
Nielsen — Yea
Kamlager — Yea
Wieckowski — Yea
Gonzalez — Yea
Newman — Yea
Borgeas — Yea
Portantino — Yea
Dodd — Yea
Eggman — Yea
Wilk — Yea
Atkins — Yea
Bates — Yea
Glazer — Yea
Leyva — Yea
Pan — Yea
Skinner — Yea
Melendez — Not Voting
Hertzberg — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 9000
Republican 1000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Portantino — Yea
Hueso — Yea
Roth — Yea
Glazer — Yea
Borgeas — Yea
Rubio — Yea
Bates — Yea
Dodd — Yea
Melendez — Yea
Archuleta, Bob Democratic Yea
Hurtado, Melissa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights healthcare health-insurance
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Frequently asked questions

What does SB 283 do?
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.
Who sponsors SB 283?
SB 283 is sponsored by Gipson, Mike A. (Democratic) and Gonzalez, Lena A. (Democratic).
What is the current status of SB 283?
This bill has been enacted into law. Introduced February 01, 2021. Enacted.
Where can I track SB 283?
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