BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1586|
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THIRD READING
Bill No: AB 1586
Author: Koretz (D), et al
Amended: 7/1/05 in Senate
Vote: 21
SENATE BANKING, FINANCE, AND INS. COMMITTEE : 8-2, 6/29/05
AYES: Speier, Cox, Figueroa, Lowenthal, Machado, Murray,
Ortiz, Scott
NOES: Denham, Hollingsworth
NO VOTE RECORDED: Maldonado
ASSEMBLY FLOOR : 41-27, 5/16/05 - See last page for vote
SUBJECT : Insurers: health care service plans:
discrimination
SOURCE : Equality California
DIGEST : This bill adds additional language to existing
anti-discrimination provisions under the Health and Safety
Code and the Insurance Code to clarify that state law
prohibits insurance companies and health care service plans
from discriminating on the basis of gender in the creation
or maintenance of service contracts or the provision of
benefits or coverage.
ANALYSIS : In 2003, the Legislature clarified that the
existing prohibition on discrimination based on sex in the
Fair Employment and Housing Act (FEHA) protects transgender
people.
CONTINUED
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This bill clarifies that transgender people are protected
under the existing prohibition on discrimination based on
sex in the Insurance and Health and Safety Codes.
By clarifying that the definition of sex is the same as
that found in FEHA and other provisions of the California
codes, this bill insures that insurance companies and
health care service plans understand their legal obligation
to refrain from discriminating against transgender people
in the creation and maintenance of contracts and the
provision of services and benefits.
Specifically, this bill adds the following definition which
is the same as that used in FEHA, the Education Code and
the Penal Code:
"Gender" means sex, and includes a person's gender
identity and gender related appearance and behavior
whether or not stereotypically associated with the
person's assigned sex at birth.
This bill includes language which clarifies that this act
is not intended to "prohibit sound underwriting practices
or criteria based on objective, valid, and up-to-date
statistical and actuarial data."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/31/05)
Equality California (source)
Access Institute of Research
AIDS Legal Referral Panel
American Federation of State, County and Municipal
Employees
Asian and Pacific Islander American Health Forum
Asian and Pacific Islander Wellness Center
Being Alive - South Bay
Bienestar Human Services, Inc.
California Commission on the Status of Women
California Medical Association
California National Organization for Women
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California Psychological Association
California State Employees Association
The Center - San Diego
City and County of San Francisco
CSU Northridge Employees Union SEIU - Local 25798
Dimensions Collaboration
Filipino Task Force on AIDS
Harvey Milk LGBT Democratic Club
Gay and Lesbian Adolescent Social Services, Inc.
Gay and Lesbian Community Services Center of Orange County
Gay and Lesbian Medical Association
Gay-Straight Alliance Network
Gender Education and Advocacy, Inc.
Gray Panthers
Lambda Legal Defense and Education Fund
Lambda Letters Project
Lavender Youth Recreation and Information Center
Lutheran Church -
Holy Redeemer, San Jose
Shepherd of the Hills, Berkeley
University Lutheran, Berkeley
Metropolitan Community Church -
Los Angeles
San Diego
New Hope Santa Rosa
Ministry in Action Commission -
St. Mark's United Methodist Church
National Center for Lesbian Rights
New Community Faith - San Jose
Orange County Trangender Coalition
Parents, Families and Friends of Lesbians and Gays, Central
Coast Chapter
Parents, Families and Friends of Lesbians and Gays, Los
Angeles
Planned Parenthood Affiliates of California
Presbyterian Church - West Hollywood
San Francisco Democratic party
San Francisco Labor Council, AFL-CIO
San Francisco Lesbian Gay Bisexual Transgender Community
Center
San Francisco Lesbian Gay Bisexual Transgender Pride
Celebration Committee
Service Employees International Union (SEIU)
Stonewall Democratic Club -- Sacramento
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Southern California Nevada Conference of the United Church
of Christ
Stop AIDS Project
Transgender Law Center
Trinity Episcopal Cathederal - Sacramento
Tri-City Health Center
UCSF Center for AIDS Prevention Studies
United Here! Local 11 AFL-CIO, CLC
United Church of Christ -
First Congregational, Long Beach
First Congregational, Oakland
Fremont Congregational
Mt. Hollywood Congregational
Northern CA/NV Conference
Pioneer Congregational - Sacramento
Southern CA/NV Conference
UPDATE Newspaper - San Diego
OPPOSITION : (Verified 8/31/05)
Traditional Values Coalition
ARGUMENTS IN SUPPORT : According to the sponsor of the
bill, Equality California, despite existing
anti-discrimination statutes, many people in California
continue to experience discrimination by insurance
companies and health plans on the basis of gender,
particularly members of the transgender community.
Equality California, the Grey Panthers, Stop AIDS Project,
Transgender Resources and Neighborhood Space, Asian and
Pacific Islander American Health Forum, AIDS Legal Referral
Panel, the Gay and Lesbian Adolescent Social Services,
Inc., the Asian and Pacific Islander Wellness Center, the
Filipino Task Force on AIDS, Lambda Letters Project, the
San Francisco Labor Council, AFL-CIO, and numerous other
organizations write that by clarifying that the definition
of sex is the same as that found in FEHA and other
provisions of California law, this bill will insure that
insurance companies and health plans understand their legal
obligation to refrain from discriminating against
transgender people in the creation and maintenance of
contracts and the provision of services and benefits. The
California Psychological Association supports this bill and
its aim to discourage discrimination of enrollees and
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insureds, thus increasing individuals gaining access to
necessary mental and health services. Planned Parenthood
Affiliates of California writes that this bill is in
keeping with the Planned Parenthood's mission to preserve
and protect the essential privacy and rights of each
individual and to provide programs which enhance
understanding of individual and societal implications of
human sexuality.
ASSEMBLY FLOOR :
AYES: Baca, Bass, Berg, Bermudez, Calderon, Canciamilla,
Chan, Chavez, Chu, Cohn, Coto, De La Torre, Dymally,
Evans, Goldberg, Hancock, Jerome Horton, Jones, Karnette,
Klehs, Koretz, Laird, Leno, Levine, Lieber, Matthews,
Montanez, Mullin, Nation, Nava, Negrete McLeod, Pavley,
Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Vargas,
Wolk, Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
Daucher, DeVore, Harman, Haynes, Houston, Huff, Keene, La
Malfa, La Suer, Leslie, Maze, McCarthy, Mountjoy, Niello,
Parra, Plescia, Sharon Runner, Spitzer, Strickland,
Villines, Walters, Wyland
NO VOTE RECORDED: Arambula, Emmerson, Frommer, Garcia,
Gordon, Shirley Horton, Liu, Nakanishi, Oropeza, Richman,
Tran, Umberg
DLW:cm 8/31/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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