BILL NUMBER: AB 1565	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 7, 2008
	PASSED THE ASSEMBLY  JANUARY 24, 2008
	AMENDED IN ASSEMBLY  JANUARY 10, 2008
	AMENDED IN ASSEMBLY  APRIL 10, 2007

INTRODUCED BY   Assembly Member Lieber

                        FEBRUARY 23, 2007

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1565, Lieber. Insurance policies: nonprofit organizations.
   Under existing law, an insurer that issues policies to certain
nonprofit organizations is prohibited from canceling or refusing to
renew the policy, or from imposing an excessive or discriminatory
premium solely on the basis that one or more claims has been made
against the policy for a loss that is the result of a hate crime or
antireproductive-rights crime, as defined.
   This bill would add a crime against a place of religious
observance or practice, as defined, to those crimes. It would also
redefine the term "hate crime" for these purposes.


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 has been determined by a law enforcement
agency to be the result of any of the following:
   (1) A hate crime, as defined in Section 422.55 of the Penal Code,
committed against the person or property of the insured.
   (2) An antireproductive-rights crime, as defined in Section 13776
of the Penal Code, or 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.
   (3) A crime against a place of religious observance or practice,
defined as either of the following:
   (A) A church, gurdwara, mandir, mosque, synagogue, temple, or
other place of religious observance or practice that is owned or
lawfully controlled by a religious group or entity, or member of a
religious group or entity, that meets for religious purposes at that
place.
   (B) A place primarily used as a place of religious observance or
practice where religious observances or practices are regularly
conducted with the express consent of the person or entity that owns
or lawfully controls the place.
   (c) As used in subdivision (b), "religious" is the adjectival form
of "religion," as used in Section 422.56 of the Penal Code.
   (d) 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 crime described in subdivision (b), the
insurer shall report the cancellation or nonrenewal to the
commissioner.
   (e) 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.
   (f) 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.