BILL NUMBER: AB 447	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 2, 2015
	AMENDED IN ASSEMBLY  APRIL 29, 2015

INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 23, 2015

   An act to  amend Sections 679.71, 679.72, and 679.73 of
  add Section 679.74 to  the Insurance Code,
relating to insurance.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 447, as amended, Maienschein. Property insurance:
discrimination.
   Existing law prohibits an admitted insurer licensed to issue
policies of residential property insurance from failing or refusing
to accept an application for, or issuing a policy to an applicant
for, that insurance, except as specified, or from canceling the
insurance, under conditions less favorable to the insured than in
other comparable cases, except for reasons applicable alike to
persons of every sex, race, color, religion, ancestry, national
origin, disability, medical condition, genetic information, marital
status, or sexual orientation. Existing law provides that sex, race,
color, religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, or sexual orientation
shall not, of itself, constitute a condition or risk for which a
higher rate, premium, or charge may be required of the insured.
   Existing law also prohibits an application for one of these
policies, or an insurance investigation report, from carrying any
identification, or any requirement therefor, of the applicant's sex,
race, color, religion, ancestry, national origin, disability, medical
condition, genetic information, marital status, or sexual
orientation.
   This bill  would   would, for specified types
of real property,  add certain other facts relating to the
insured or the insured property to the categories that may not be
used by an insurer for the purposes described above, including, under
certain circumstances, the  method of financing and source
of income.  level or source of income and the receipt of
gover   nment or public assistance. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 679.74 is added to the 
 Insurance Code   , to read:  
   679.74.  (a) (1) An admitted insurer that is licensed to issue a
policy of insurance upon real property of the type described in
paragraph (1) of subdivision (a) of Section 675 or paragraph (1) of
subdivision (b) of Section 675.5, when that real property is used for
residential purposes, or property of the type described in
subdivision (a) of Section 10087, shall not fail or refuse to accept
an application for, or to issue a policy to an applicant for, that
insurance unless the insurance is to be issued to the applicant by
another insurer under the same management and control, or cancel that
insurance, based upon the following characteristics:
   (A) The level or source of income of an individual or group of
individuals residing or intending to reside upon the property to be
insured, if the individual or group of individuals is not the owner
of the real property.
   (B) The receipt of assistance, intended for housing, from the
federal or state government, or from a local public entity, as
defined in Section 50079 of the Health and Safety Code, including,
but not limited to, federal vouchers issued under Section 8 of the
United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
individual or group of individuals residing or intending to reside
upon the property insured or to be insured.
   (2) The characteristics listed in subparagraphs (A) and (B) of
paragraph (1) shall not constitute a condition or risk for which a
higher rate, premium, or charge may be required of the insured for a
policy of insurance upon real property of the type described in
paragraph (1).
   (b) An application for a policy of insurance upon real property of
the type described in paragraph (1) of subdivision (a), or an
insurance investigation report furnished by an insurer to its agents
or employees for use in determining the insurability of an applicant
under such a policy, shall not carry any identification, or any
requirement for identification, of the following characteristics:
   (1) The level or source of income of an individual or group of
individuals residing or intending to reside upon the property to be
insured, if the individual or group of individuals is not the owner
of the real property.
   (2) The receipt of assistance, intended for housing, from the
federal or state government, or from a local public entity, as
defined in Section 50079 of the Health and Safety Code, including,
but not limited to, federal vouchers issued under Section 8 of the
United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
individual or group of individuals residing or intending to reside
upon the property insured or to be insured.
   (c) In the case of real property of the type described in
paragraph (1) of subdivision (a) of Section 675, paragraph (1) of
subdivision (b) of Section 675.5, or subdivision (a) of Section 10087
that is used for both residential and commercial purposes, the
insurer, or its agent or employee, may consider the source of income
of a nonresidential tenant of the property in determining the
insurability of an applicant.  
  SECTION 1.    Section 679.71 of the Insurance Code
is amended to read:
   679.71.  (a) An admitted insurer, licensed to issue any policy of
insurance covered by this chapter, shall not fail or refuse to accept
an application for, or to issue a policy to an applicant for, that
insurance (unless the insurance is to be issued to the applicant by
another insurer under the same management and control), or cancel
that insurance, under conditions less favorable to the insured than
in other comparable cases, except for reasons applicable alike to
persons of every characteristic listed or defined in subdivision (b)
or (e) of Section 51 of the Civil Code; nor shall any of those
characteristics, of themselves, constitute a condition or risk for
which a higher rate, premium, or charge may be required of the
insured for that insurance.
   (b) In the limited case of a policy of insurance for real property
designed for human habitation, the following shall also be
considered characteristics for the purposes of subdivision (a):
   (1) The method of financing for the property insured or to be
insured.
   (2) The level or source of income of an individual or group of
individuals residing or intending to reside upon the property insured
or to be insured.
   (3) The receipt of assistance, intended for housing, from the
federal or state government, or from a local public entity, as
defined in Section 50079 of the Health and Safety Code, including,
but not limited to, federal vouchers issued under Section 8 of the
United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
individual or group of individuals residing or intending to reside
upon the property insured or to be insured.  
  SEC. 2.    Section 679.72 of the Insurance Code is
amended to read:
   679.72.  (a) An application for insurance specified in this
chapter or insurance investigation report furnished by an insurer to
its agents or employees for use in determining the insurability of an
applicant shall not carry any identification, or any requirement
therefor, of any characteristic listed or defined in subdivision (b)
or (e) of Section 51 of the Civil Code with respect to the applicant.

   (b) In the limited case of a policy of insurance for real property
designed for human habitation, the following shall also be
considered characteristics for the purposes of subdivision (a):
   (1) The method of financing for the property insured or to be
insured.
   (2) The level or source of income of an individual or group of
individuals residing or intending to reside upon the property insured
or to be insured.
   (3) The receipt of assistance, intended for housing, from the
federal or state government, or from a local public entity, as
defined in Section 50079 of the Health and Safety Code, including,
but not limited to, federal vouchers issued under Section 8 of the
United States Housing Act of 1937 (42 U.S.C. Sec. 1437f), by an
individual or group of individuals residing or intending to reside
upon the property insured or intending to be insured. 

  SEC. 3.    Section 679.73 of the Insurance Code is
amended to read:
   679.73.  This chapter shall not prohibit the use in an application
for insurance specified in this chapter of a question asking for the
birthplace of an applicant if that question is used only to identify
the applicant and not to discriminate against the applicant.