BILL NUMBER: AB 996	CHAPTERED  10/01/03

	CHAPTER  647
	FILED WITH SECRETARY OF STATE  OCTOBER 1, 2003
	APPROVED BY GOVERNOR  OCTOBER 1, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2003
	PASSED THE SENATE  AUGUST 27, 2003
	AMENDED IN SENATE  AUGUST 21, 2003
	AMENDED IN SENATE  JUNE 25, 2003
	AMENDED IN ASSEMBLY  MAY 12, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Wiggins
   (Coauthors:  Assembly Members Diaz, Chan, Chavez, Koretz, Lieber,
and Richman)

                        FEBRUARY 20, 2003

   An act to amend Section 676.10 of the Insurance Code, relating to
insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 996, Wiggins.  Insurance.
   Existing law provides that a commercial property insurance policy,
if the insured is a religious, educational, or other nonprofit
organization that is organized and operated for religious,
charitable, or educational purposes, as specified, may not be
canceled, nor may the insurer refuse to renew the policy, because a
claim was made against the policy in the preceding 60 months for a
loss that was the result of a hate crime, as defined, committed
against the person or property of the insured.  Existing law requires
an insurer to report a cancellation or nonrenewal to the Insurance
Commissioner if the insured has submitted a claim that is the result
of a hate crime.
   In addition, this bill would provide that a premium shall not be
excessive or unfairly discriminatory on that basis.  This bill would
provide that these provisions would also apply to a reproductive
health services facility or its administrative offices, and would add
a claim due to an anti-reproductive-rights crime, as defined, to the
claims that may not serve as the basis for a cancellation or
nonrenewal.  It would require an insurer to report a cancellation or
nonrenewal to the commissioner if the insured has submitted a claim
that is the result of an anti-reproductive-rights crime.


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


  SECTION 1.  Section 676.10 of the Insurance Code is amended to
read:
   676.10.  (a) This section applies to policies covered by Section
675, 675.5, or 676.5 if the insured is a religious organization
described in clause (i) of subparagraph (A) of paragraph (1) of
subsection (b) of Section 170 of Title 26 of the United States Code,
an educational organization described in clause (ii) of subparagraph
(A) of paragraph (1) of subsection (b) of Section 170 of Title 26 of
the United States Code, or other nonprofit organization described in
clause (vi) of subparagraph (A) of paragraph (1) of subsection (b) of
Section 170 of Title 26 of the United States Code that is organized
and operated for religious, charitable, or educational purposes, or a
reproductive health services facility, as defined in subdivision (h)
of Section 423.1 of the Penal Code, or its administrative offices.
   (b) No insurer issuing policies subject to this section shall
cancel or refuse to renew the policy,  nor shall any premium be
excessive or unfairly discriminatory solely on the basis that one or
more claims has been made against the policy during the preceding 60
months for a loss that is the result of a hate crime committed
against the person or property of the insured, or an
anti-reproductive-rights crime.
   (c) As it relates to this section, if determined by a law
enforcement agency, a "hate crime" may include any of the following:

   (1) By force or threat of force, willfully injure, intimidate,
interfere with, oppress, or threaten any other person in the free
exercise or enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this state or by the Constitution or
laws of the United States because of the other person's race, color,
religion, ancestry, national origin, disability, gender, or sexual
orientation, or because he or she perceives that the other person has
one or more of those characteristics.  However, the foregoing
offense does not include speech alone, except upon a showing that the
speech itself threatened violence against a specific person or group
of persons and that the defendant had the apparent ability to carry
out the threat.
   (2) Knowingly deface, damage, or destroy the real or personal
property of any other person for the purpose of intimidating or
interfering with the free exercise or enjoyment of any right or
privilege secured to the other person by the Constitution or laws of
this state or by the Constitution or laws of the United States,
because of the other person's race, color, religion, ancestry,
national origin, disability, gender, or sexual orientation, or
because he or she perceives that the other person has one or more of
those characteristics.
   (d) As it relates to this section, if determined by a law
enforcement agency, "anti-reproductive-rights crime" shall have the
meaning set forth in subdivision (a) of Section 13776 of the Penal
Code, and shall also include a violation of subdivision (e) of
Section 423.2 of the Penal Code, if the crime results in a covered
loss under a policy subject to this section.
   (e) Upon cancellation of or refusal to renew a policy subject to
this section after an insured has submitted a claim to the insurer
that is the result of a hate crime committed against the person or
property of the insured, or an anti-reproductive-rights crime, the
insurer shall report the cancellation or nonrenewal to the
commissioner.
   (f) A violation of this section shall be an unfair practice
subject to Article 6.5 (commencing with Section 790) of Chapter 1 of
Division 2.
   (g) Nothing in this section shall prevent an insurer subject to
this section from taking any of the actions set forth in subdivision
(b) on the basis of criteria not otherwise made invalid by this
section or any other act, regulation, or law.