BILL NUMBER: SB 757	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2011

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

    An act to amend Section 7109 of the Labor Code, relating
to employment.   An act to amend Section 1374.58 of, and
to add Section 1367.003 to, the Health and Safety Code, and to amend
Sections 381.5 and 10121.7 of, and to add Section 49   to,
the Insurance Code, relating to discrimination. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 757, as amended, Lieu.  Employment.  
Discrimination.  
   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 and
all other forms of insurance by the Department of Insurance. Existing
law requires a health care service plan and a health insurer to
provide 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. Existing law extends that
requirement to all other forms of insurance regulated by the
Department of Insurance and provides that all of those policies are
deemed to require coverage for registered domestic partners that is
equal to the coverage provided to a spouse.  
   This bill would provide that any health care service plan
contract, health insurance policy, or any other insurance policy that
is issued to or intended to cover any person residing in this state
shall be deemed to provide coverage for registered domestic partners
that is equal to the coverage provided to a spouse. The bill would
require that every health care service plan contract, health
insurance policy, or any other insurance policy that is issued to or
intended to cover any person residing in this state shall comply with
all nondiscrimination requirements set forth in state law. 

   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.  
   Existing law prohibits a person from engaging in construction or
repair work unless specified safety items are in place. 

   This bill would make nonsubstantive changes to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 1367.003 is added to the 
 Health and Safety Code   , to read:  
   1367.003.  Every health care service plan contract and specialized
health care service plan contract that is issued to or intended to
cover any person residing in this state shall comply with all
nondiscrimination requirements set forth in this code. 
   SEC. 2.    Section 1374.58 of the   Health
and Safety Code   is amended to read: 
   1374.58.  (a) A group health care service plan that provides
hospital, medical, or surgical expense benefits shall provide equal
coverage to employers or guaranteed associations, as defined in
Section 1357, for the registered domestic partner of an employee or
subscriber to the same extent, and subject to the same terms and
conditions, as provided to a spouse of the employee or subscriber,
and shall inform employers and guaranteed associations of this
coverage. A plan may not offer or provide coverage for a registered
domestic partner that is not equal to the coverage provided to the
spouse of an employee or subscriber.
   (b) If an employer or guaranteed association has purchased
coverage for spouses and registered domestic partners pursuant to
subdivision (a), a health care service plan that provides hospital,
medical, or surgical expense benefits for employees or subscribers
and their spouses shall enroll, upon application by the employer or
group administrator, a registered domestic partner of an employee or
subscriber in accordance with the terms and conditions of the group
contract that apply generally to all spouses under the plan,
including coordination of benefits.
   (c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.
   (d) (1) A health care service plan may require that the employee
or subscriber verify the status of the domestic partnership by
providing to the plan a copy of a valid Declaration of Domestic
Partnership filed with the Secretary of State pursuant to Section 298
of the Family Code or an equivalent document issued by a local
agency of this state, another state, or a local agency of another
state under which the partnership was created. The plan may also
require that the employee or subscriber notify the plan upon the
termination of the domestic partnership.
   (2) Notwithstanding paragraph (1), a health care service plan may
require the information described in that paragraph only if it also
requests from the employee or subscriber whose spouse is provided
coverage, verification of marital status and notification of
dissolution of the marriage.
   (e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended.
   (f) A plan  contract  subject to this section that is
issued, amended, delivered, or renewed in this state on or after
January 2, 2005,  and any plan contract that is issued to or
intended to cover any person residing in this state,  shall be
deemed to provide coverage for registered domestic partners that is
equal to the coverage provided to a spouse of an employee or
subscriber.
   SEC. 3.    Section 49 is added to the  
Insurance Code   , to read:  
   49.  Every insurance policy that is issued to or intended to cover
any person residing in this state shall comply with all
nondiscrimination requirements set forth in this code. 
   SEC. 4.    Section 381.5 of the   Insurance
Code   is amended to read: 
   381.5.  (a) Every policy issued, amended, delivered, or renewed in
this state shall provide coverage for the registered domestic
partner of an insured or policyholder that is equal to, and subject
to the same terms and conditions as, the coverage provided to a
spouse of an insured or policyholder. A policy may not offer or
provide coverage for a registered domestic partner if it is not equal
to the coverage provided for the spouse of an insured or
policyholder. This subdivision applies to all forms of insurance
regulated by this code.
   (b) A policy subject to this section that is issued, amended,
delivered, or renewed in this state on or after January 1, 2005, 
and any policy that is issued to or intended to cover any person
residing in this state,  shall be deemed to provide coverage for
registered domestic partners that is equal to the coverage provided
to a spouse of an insured or policyholder.
   (c) It is the intent of the Legislature that, for purposes of this
section, "terms," "conditions," and "coverage" do not include
instances of differential treatment of domestic partners and spouses
under federal law.
   SEC. 5.    Section 10121.7 of the  
Insurance Code   is amended to read: 
   10121.7.  (a) A policy of group health insurance that provides
hospital, medical, or surgical expense benefits shall provide equal
coverage to employers or guaranteed associations, as defined in
Section 10700, for the registered domestic partner of an employee,
insured, or policyholder to the same extent, and subject to the same
terms and conditions, as provided to a spouse of the employee,
insured, or policyholder, and shall inform employers and guaranteed
associations of this coverage. A policy may not offer or provide
coverage for a registered domestic partner that is not equal to the
coverage provided to the spouse of an employee, insured, or
policyholder.
   (b) If an employer or guaranteed association has purchased
coverage for spouses and registered domestic partners pursuant to
subdivision (a), a health insurer that provides hospital, medical, or
surgical expense benefits for employees, insureds, or policyholders
and their spouses shall enroll, upon application by the employer or
group administrator, a registered domestic partner of the employee,
insured, or policyholder in accordance with the terms and conditions
of the group contract that apply generally to all spouses under the
policy, including coordination of benefits.
   (c) For purposes of this section, the term "domestic partner"
shall have the same meaning as that term is used in Section 297 of
the Family Code.
   (d) (1) A policy of group health insurance may require that the
employee, insured, or policyholder verify the status of the domestic
partnership by providing to the insurer a copy of a valid Declaration
of Domestic Partnership filed with the Secretary of State pursuant
to Section 298 of the Family Code or an equivalent document issued by
a local agency of this state, another state, or a local agency of
another state under which the partnership was created. The policy may
also require that the employee, insured, or policyholder notify the
insurer upon the termination of the domestic partnership.
   (2) Notwithstanding paragraph (1), a policy may require the
information described in that paragraph only if it also requests from
the employee, insured, or policyholder whose spouse is provided
coverage, verification of marital status and notification of
dissolution of the marriage.
   (e) Nothing in this section shall be construed to expand the
requirements of Section 4980B of Title 26 of the United States Code,
Section 1161, and following, of Title 29 of the United States Code,
or Section 300bb-1, and following, of Title 42 of the United States
Code, as added by the Consolidated Omnibus Budget Reconciliation Act
of 1985 (Public Law 99-272), and as those provisions may be later
amended.
   (f) A group health insurance policy subject to this section that
is issued, amended, delivered, or renewed in this state on or after
January 2, 2005,  and any group health insurance policy that is
issued to or intended to cover any person residing in this state,
 shall be deemed to provide coverage for registered domestic
partners that is equal to the coverage provided to a spouse of an
employee, insured, or policyholder.
   SEC. 6.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Section 7109 of the Labor Code is
amended to read:
   7109.  No person shall proceed with work assigned to or undertaken
by him or her, or require or permit any other person to proceed with
work assigned to or undertaken by either, unless the planking or
nets required by this article are in place. Violation of this section
is a misdemeanor.