Morning Meeting: Meet some of the volunteers that make this village function.
Q and A with Brian and Live streamers
Q and A #2 Before Losing Power
I asked Brian about recruiting new blood by going outside the beltway and setting up convoys to nearby states to rally. He said they were open to ideas and are considering doing a northern US convoy back to California. Talked tonight at dinner about possibly doing a Capital to Capital tour. You know the Funky Fathers approve.
Day 29: Morning Sendoff
I arrived late to the send off and missed majority of convoy heading out because I was participating in the Q and A with live streamers and Brian. Took opportunity of having limited audience to practice in public. Only played three tunes that I haven't pulled out in a long while. Then the rain started falling.
California Egregious Legislation
AB-2539 Public health: COVID-19 vaccination:
proof of status. (2021-2022)
Text Votes 02/17/22 - Introduced Go History Bill Analysis Today's Law As Amended Compare Versions Status Comments To Author SHARE THIS: ASSEMBLY BILL Date Published: 02/17/2022 09:00 PM Introduced by Assembly Member Choi (Coauthors: Assembly Members Flora, Lackey, Mathis, and Voepel) February 17, 2022 NO. 2539 An act to add Part 3 (commencing with Section 90) to Division 1 of the Civil Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 2539, as introduced, Choi. Public health: COVID-19 vaccination: proof of status. Existing federal law, the Federal Food, Drug, and Cosmetic Act, authorizes the United States Secretary of Health and Human Services to approve new drugs and products, including vaccines, for introduction into interstate commerce, and authorizes the secretary to authorize vaccines for use in an emergency upon declaring a public health emergency. On February 4, 2020, the secretary determined that there is a public health emergency and declared circumstances exist justifying the authorization of emergency use of drugs and biological products. The secretary subsequently authorized the emergency use of 3 vaccines for the prevention of COVID-19, and on August 23, 2021, the secretary approved a vaccine for the prevention of COVID-19. The California Emergency Services Act authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property, including epidemics. On March 4, 2020, the Governor declared a state of emergency relating to the COVID-19 pandemic. Pursuant to this authority, the Governor issued several executive orders requiring individuals in specified employment, health care, school, or other settings to provide proof of COVID-19 vaccination status, unless specified exceptions are met. This bill would require a public or private entity that requires a member of the public to provide documentation regarding the individual’s vaccination status for any COVID-19 vaccine as a condition of receipt of any service or entrance to any place to accept a written medical record or government-issued digital medical record in satisfaction of the condition, as specified. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Part 3 (commencing with Section 90) is added to Division 1 of the Civil Code, to read: PART 3. COVID-19 VACCINE STATUS FOR SERVICE OR ENTRANCE 90. A public or private entity that adopts or enforces any order, ordinance, policy, regulation, rule, or similar measure that requires a member of the public to provide documentation regarding the individual’s vaccination status for any COVID-19 vaccine as a condition of receipt of any service or entrance to any place shall accept either of the following in satisfaction of the condition: (a) A written medical record issued to the individual by the individual’s health care provider, a federal, state, or local agency, a foreign government or any agency of that government, or other authorized COVID-19 vaccine provider. (b) A digital medical record issued to the individual by a federal, state, or local agency, or a foreign government or any agency of that government.
SB-866 Minors: Vaccine Consent
(2021-2022) Text Votes BillPDF| AddToMyFavorites| TrackBill | Version: 03/09/22 - Amended Senate Go History Bill Analysis Today's Law As Amended Compare Versions Status Comments To Author SHARE THIS: SENATE BILL Date Published: 03/09/2022 09:00 PM AMENDED IN SENATE MARCH 09, 2022 !"#$%&'($")#*+$,#"-.'*/)010230100)'*+.#"'),*,,$&( Introduced by Senators Wiener and Pan (Principal coauthor: Assembly Member Wicks) (Coauthor: Senator Newman) (Coauthors: Assembly Members Aguiar-Curry, Friedman, Low, Ting, and Akilah Weber) January 20, 2022 An act to add Section 6931 to the Family Code, relating to minors. LEGISLATIVE COUNSEL'S DIGEST NO. 866 SB 866, as amended, Wiener. Minors: vaccine consent. Existing law prescribes various circumstances under which a minor may consent to their medical care and treatment without the consent of a parent or guardian. These circumstances include, among others, authorizing a minor 12 years of age or older who may have come into contact with an infectious, contagious, or communicable disease to consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Public Health Officer. This bill would additionally authorize a minor 12 years of age or older to consent to vaccines that meet specified federal agency criteria. The bill would authorize a vaccine provider, as defined, to administer a vaccine pursuant to the bill, but would not authorize the vaccine provider to provide any service that is otherwise outside the vaccine provider’s scope of practice. Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6931 is added to the Family Code, to read: 6931. (a) A minor 12 years of age or older may consent to a vaccine that is approved by the United States Food and Drug Administration and meets the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the federal Centers for Disease Control and Prevention (ACIP) without the consent of the parent or guardian of the minor. (b) An authorized vaccine provider may administer a vaccine pursuant to subdivision (a). For purposes of this section, “authorized vaccine provider” means a person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200 of the Health and Safety Code), or any other provider authorized by the state. (c) This section does not authorize a vaccine provider to provide any a service that is otherwise outside the vaccine provider’s scope of practice. Bill Information
SENATE BILL 871
Introduced by Senator Pan (Principal coauthors: Senators Newman and Wiener) (Principal coauthors: Assembly Members Aguiar-Curry, Akilah Weber, and Wicks) January 24, 2022 NO. 871 An act to amend Sections 120325 and 120335 of, and to repeal Section 120338 of, the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST SB 871, as introduced, Pan. Public health: immunizations. Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, childcare center, day nursery, nursery school, family day care home, or development center, unless prior to their admission to that institution they have been fully immunized against various diseases, including measles, mumps, pertussis, hepatitis B, and any other disease deemed appropriate by the State Department of Public Health, as specified. Existing law authorizes an exemption from those provisions for medical reasons. Under existing law, notwithstanding the above-described prohibition, full immunization against hepatitis B is not a condition by which the governing authority admits or advances a pupil to the 7th grade level of a public or private elementary or secondary school. This bill would remove the above-described exception relating to hepatitis B. The bill would additionally prohibit the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, childcare center, day nursery, nursery school, family day care home, or development center, unless prior to their admission to that institution they have been fully immunized against COVID-19. To the extent that the bill would create new duties for school districts, the bill would impose a state-mandated local program. For purposes of the additional immunizations deemed appropriate by the department, and that would be mandated before a pupil’s first admission to the institution, existing law requires that exemptions be allowed for both medical reasons and personal beliefs. This bill would repeal that provision, thereby removing the personal belief exemption from any additional immunization requirements deemed appropriate by the department. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 120325 of the Health and Safety Code is amended to read: 120325. In enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to provide: provide all of the following: (a) A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases: (1) Diphtheria. (2) Hepatitis B. (3) Haemophilus influenzae type b. (4) Measles. (5) Mumps. (6) Pertussis (whooping cough). (7) Poliomyelitis. (8) Rubella. (9) Tetanus. (10) Varicella (chickenpox). (11) COVID-19. (11) (12) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. (b) That the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire, subject only to the condition that the immunization be performed in accordance with the regulations of the department and that a record of the immunization is made in accordance with the regulations. (c) Exemptions from immunization for medical reasons. (d) For the keeping of adequate records of immunization so that health departments, schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child is fully or only partially immunized, and so that appropriate public agencies will be able to ascertain the immunization needs of groups of children in schools or other institutions. (e) Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children. SEC. 2. Section 120335 of the Health and Safety Code is amended to read: 120335. (a) As used in this chapter, “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution. (b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless, prior to his or her their first admission to that institution, he or she has they have been fully immunized. The following are the diseases for which immunizations shall be documented: (1) Diphtheria. (2) Haemophilus influenzae type b. (3) Measles. (4) Mumps. (5) Pertussis (whooping cough). (6) Poliomyelitis. (7) Rubella. (8) Tetanus. (9) Hepatitis B. (10) Varicella (chickenpox). (11) COVID-19. (11) (12) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians. (c)Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school. (d) (c) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age. (e) (d) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered. (f) (e) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code and does not receive classroom-based instruction. (g) (f) (1) A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span. (2) For purposes of this subdivision, “grade span” means each of the following: (A) Birth to preschool. (B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten. (C) Grades 7 to 12, inclusive. (3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her their age as required by this section. (h) (g) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her their individualized education program. SEC. 3. Section 120338 of the Health and Safety Code is repealed. 120338.Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (11) of subdivision (a) of Section 120325 or paragraph (11) of subdivision (b) of Section 120335, may be mandated before a pupil’s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SENATE BILL 1464
Introduced by Senator Pan February 18, 2022 Date Published: 02/18/2022 09:00 PM NO. 1464 An act to add Chapter 5.5 (commencing with Section 16644) to Part 2 of Division 4 of Title 2 of the Government Code, and to amend Sections 101029 and 120155 of the Health and Safety Code, relating to law enforcement. LEGISLATIVE COUNSEL'S DIGEST SB 1464, as introduced, Pan. Law enforcement: public health orders. Existing law requires all sheriffs to execute all lawful orders of a department in their counties. Existing law authorizes each sheriff to enforce all orders of the State Department of Public Health or of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Existing law authorizes each peace officer of every political subdivision of the county to enforce within the area subject to their jurisdiction all orders of the State Department of Public Health or of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This bill would instead require those sheriffs and peace officers to enforce those orders. By expanding the duties of local law enforcement, this bill would create a state-mandated local program. The bill would additionally prohibit state funds from being provided to any law enforcement agency that publicly announces that they will oppose, or adopts a policy to oppose, a public health order. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 5.5 (commencing with Section 16644) is added to Part 2 of Division 4 of Title 2 of the Government Code, to read: CHAPTER 5.5. Prohibitions On Use of State Funds 16644. Notwithstanding any other law, no state funds shall be provided to any law enforcement agency that publicly announces that they will oppose, or adopts a policy to oppose, a public health order. SEC. 2. Section 101029 of the Health and Safety Code is amended to read: 101029. The sheriff of each county, or city and county, may shall enforce within the county, or the city and county, all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may shall enforce within the area subject to his or her their jurisdiction all orders of the local health officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This section is not a limitation on the authority of peace officers or public officers to enforce orders of the local health officer. When deciding whether to request this assistance in enforcement of its orders, the local health officer may consider whether it would be necessary to advise the enforcement agency of any measures that should be taken to prevent infection of the enforcement officers. SEC. 3. Section 120155 of the Health and Safety Code is amended to read: 120155. Pursuant to Section 11158 of the Government Code, the sheriff of each county, or city and county, may shall enforce within the county, or the city and county, all orders of the State Department of Public Health issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. Every peace officer of every political subdivision of the county, or city and county, may shall enforce within the area subject to his or her their jurisdiction all orders of the State Department of Public Health issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease. This section is not a limitation on the authority of peace officers or public officers to enforce orders of the State Department of Public Health. When deciding whether to request this assistance in enforcement of its orders, the State Department of Public Health may consider whether it would be necessary to advise the enforcement agency of any measures that should be taken to prevent infection of the enforcement officers. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SB 1479
Introduced by Senator Pan (Coauthors: Senators Newman and Wiener) (Coauthors: Assembly Members Aguiar-Curry, Low, Akilah Weber, and Wicks) February 18, 2022 NO. 1479 An act to add Article 9 (commencing with Section 32096) to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST SB 1479, as amended, Pan. COVID-19 testing in schools: COVID-19 testing plans. Existing law appropriates funds to the State Department of Public Health for various programs related to the safe reopening of schools during the COVID-19 pandemic, including funds to support COVID-19 testing in schools allocated from the federal American Rescue Plan Act of 2021 and funds from the General Fund for the Safe Schools For All Team to coordinate technical assistance, community engagement, increased transparency, and enforcement by the appropriate entity for public school health and safety during the COVID-19 pandemic. Existing law authorizes certain school apportionments to be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, as provided. Existing law prescribes public health reporting requirements related to COVID-19 for local educational agencies, including the development of a COVID-19 safety plan, as provided. This bill would, contingent on an appropriation, would require the department to continue administering specified school district, county office of education, and charter school COVID-19 testing programs that are currently federally funded, and would require appropriated funds to be used for the department to administer testing programs for teachers, staff, and pupils to help schools reopen and keep schools operating safely for in-person learning. The bill would also require those funds to be used to the department to expand the department’s its contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. This bill would require each school district, county office of education, and charter school to create a COVID-19 testing plan that is consistent with guidance from the department and to designate one staff member to report information on its COVID-19 testing program to the department. The bill would require each school within a school district to designate one staff member to report information on its COVID-19 testing program to the school district, and would authorize each school within a school district to name a staff member to lead its COVID-19 testing program. The bill would require that all COVID-19 testing data be in a format that facilitates a simple process by which parents and local educational agencies may report data to the department. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program. The bill would also authorize each school within a school district to name a staff member to lead its COVID-19 testing program. The bill would require the department to determine which COVID-19 tests are appropriate for the testing program. The bill would make the implementation of all of its provisions contingent upon an appropriation by the Legislature. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 9 (commencing with Section 32096) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 9. COVID-19 Testing in Schools 32096. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) Contingent upon an appropriation of funds by the Legislature for its purpose, the The State Department of Public Health shall continue administering those COVID-19 testing programs in local educational agencies serving pupils in kindergarten and grades 1 to 12, inclusive, that are currently funded by federal resources and organized under the California COVID-19 Testing Task Force. These funds shall be used for The State Department of Public Health shall administer testing programs for teachers, staff, and pupils to that help local educational agencies reopen and keep local educational agencies operating safely for in-person learning. (c) Funds appropriated for purposes of this section shall also be used to expand the State Department of Public Health’s The State Department of Public Health shall expand its contagious, infectious, or communicable disease testing and other public health mitigation efforts to include prekindergarten, onsite after school programs, and childcare centers. (d) If the state secures additional federal funds through the United States Centers for Disease Control and Prevention Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases Program for the purposes of COVID-19 testing in local educational agencies, any federal funds shall be expended before allocating state funds for the purposes described in subdivisions (b) and (c). (e) (1) The State Department of Public Health shall require each Each local educational agency to shall create a COVID-19 testing plan. plan that is consistent with guidance from the State Department of Public Health. (2) (A) Each local educational agency shall designate one staff member to report information on its COVID-19 testing program to the State Department of Public Health. (B) Each school within a school district shall designate one staff member to report information on its COVID-19 testing program to the school district. (C) Each school within a school district may name a staff member to lead its COVID-19 testing program. (3) All COVID-19 testing data shall be in a format that facilitates a simple process by which parents and local educational agencies may report data to the State Department of Public Health. (4)A school within a school district may name a staff member to lead its COVID-19 testing program. (f) The State Department of Public Health shall determine which COVID-19 tests are appropriate for use for the testing programs described in this section. (g) Implementation of the provisions of this section are contingent upon an appropriation in the annual Budget Act or another statute for this purpose. SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
ASSEMBLY BILL 1993
Date Published: 02/10/2022 09:00 PM Introduced by Assembly Members Wicks, Aguiar-Curry, Low, and Akilah Weber (Principal coauthors: Senators Newman, Pan, and Wiener) (Coauthors: Assembly Members Quirk and Stone) (Coauthor: Senator Dodd) February 10, 2022 An act to add Section 12940.4 to the Government Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST NO. 1993 AB 1993, as introduced, Wicks. Employment: COVID-19 vaccination requirements. Existing law, the California Fair Employment and Housing Act (FEHA), establishes the Department of Fair Employment and Housing within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties relating to the enforcement of civil rights laws with respect to housing and employment. Existing federal law, the Federal Food, Drug, and Cosmetic Act, authorizes the United States Secretary of Health and Human Services to approve new drugs and products, including vaccines, for introduction into interstate commerce, and authorizes the secretary to authorize vaccines for use in an emergency upon declaring a public health emergency. On February 4, 2020, the secretary determined that there is a public health emergency and declared circumstances exist justifying the authorization of emergency use of drugs and biological products. The secretary subsequently authorized the emergency use of 3 vaccines for the prevention of COVID-19, and on August 23, 2021, the secretary approved a vaccine for the prevention of COVID-19. The California Emergency Services Act authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property, including epidemics. On March 4, 2020, the Governor declared a state of emergency relating to the COVID-19 pandemic. Pursuant to this authority, the Governor issued several executive orders requiring individuals in specified employment, health care, school, or other settings to provide proof of a COVID-19 vaccination status, unless specified exceptions are met. This bill would require an employer to require each person who is an employee or independent contractor, and who is eligible to receive the COVID-19 vaccine, to show proof to the employer, or an authorized agent thereof, that the person has been vaccinated against COVID-19. This bill would establish an exception from this vaccination requirement for a person who is ineligible to receive a COVID-19 vaccine due to a medical condition or disability or because of a sincerely held religious belief, as specified, and would require compliance with various other state and federal laws. The bill would require proof-of-vaccination status to be obtained in a manner that complies with federal and state privacy laws and not be retained by the employer, unless the person authorizes the employer to retain proof. This bill would require, on January 1, 2023, each employer to affirm, in a form and manner provided by the department, that each employee or independent contractor complied with these provisions, and would require the employer to affirm that each new employee or independent contractor is in compliance at the time of hiring or contracting with that person. The bill would require the department to impose a penalty of an unspecified amount on an employer for any violation of these provisions. This bill would repeal these provisions when the federal Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices determines that COVID-19 vaccinations are no longer necessary for the health and safety of individuals. This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill would declare that its provisions are severable. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 12940.4 is added to the Government Code, to read: 12940.4. (a) Notwithstanding any provision of this chapter or any other law, an employer shall require each employee or independent contractor to provide proof to the employer, or an authorized agent thereof, that the person has been vaccinated against COVID-19. (b) For purposes of this section, the following definitions apply: (1) “Proof” means valid documentation of the person’s COVID-19 vaccination record, which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health, or another state or federal agency. (2) (A) “Vaccinated against COVID-19” means that the person is fully vaccinated against COVID-19 by a vaccine authorized by the United States Food and Drug Administration or the World Health Organization. (B) Notwithstanding subparagraph (A), a person is considered “vaccinated against COVID-19” for purposes of this section if the person has received the first dose of a two-dose COVID-19 vaccine authorized by the United States Food and Drug Administration or the World Health Organization, provides proof of that first dose, and provides proof of receiving the second dose of the vaccine within 45 days after receiving the first dose. (c) (1) The requirement that a person be “vaccinated against COVID-19” pursuant to subdivision (a) does not apply to a person who is ineligible to receive a COVID-19 vaccine due to a medical condition or disability or because of a sincerely held religious belief that precludes the person from receiving a vaccination, subject to verification thereof, and in compliance with this chapter and other state and federal laws, including the reasonable accommodation provisions of the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and Title VII of the federal Civil Rights Act of 1964 (Public Law 88-352). (2) The department shall consult with the State Department of Public Health and the Division of Occupational Safety and Health to provide guidance to employers on what constitutes a medical condition or disability, or a sincerely held religious belief, for purposes of this subdivision. (d) (1) Proof-of-vaccination status required pursuant to this section shall be obtained in a manner that complies with federal and state privacy laws and shall not be retained by the employer, unless the person authorizes the employer to retain proof. (2) An employer or authorized agent that obtains proof-of-vaccination status pursuant to this section shall not share, transfer, or sell that information with or to a third party. (3) The department shall provide guidance to employers on how to obtain and protect this information. (e) (1) This section applies to both private and public employers. (2) “Public employer,” for purposes of this section, means: (A) The state and every state entity, including, but not limited to, the Legislature, the judicial branch, the University of California, and the California State University. (B) A political subdivision of the state, or agency or instrumentality of the state or subdivision of the state, including, but not limited to, a city, county, city and county, charter city, charter county, school district, community college district, joint powers authority, joint powers agency, and any public agency, authority, board, commission, or district. (f) (1) On January 1, 2023, each employer shall affirm, in a form and manner provided by the department, that each employee or independent contractor is in compliance with this section. (2) After January 1, 2023, each employer shall affirm, in a form and manner determined by the department, that each new employee or independent contractor is in compliance with this section at the time of hiring or contracting with that person. (g) The department shall impose a penalty of up to ____ dollars ($____) on an employer who violates this section. (h) The Legislature finds and declares that protecting the public health and well-being of the people of California by requiring proof of vaccination against COVID-19 for employment pursuant to this section is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (i) This section shall remain operative until the federal Centers for Disease Control and Prevention’s Advisory Committee on Immunization Practices determines that COVID-19 vaccinations are no longer necessary for the health and safety of individuals, and as of that date is repealed. SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
ASSEMBLY BILL NO. 1797
Introduced by Assembly Member Akilah Weber (Principal coauthor: Senator Pan) (Coauthors: Assembly Members Low and Wicks) (Coauthors: Senators Newman and Wiener) February 07, 2022 An act relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 1797, as introduced, Akilah Weber. Immunization registry. Existing law authorizes local health officers to operate immunization information systems, and authorizes health care providers and other agencies to share immunization information with local health departments and the State Department of Public Health, except as specified. This bill would state the intent of the Legislature to enact legislation relating to immunization registry. DIGEST KEYVote: majority Appropriation: no Fiscal Committee: no Local Program: no
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to enact legislation relating to immunization registry.
ASSEMBLY BILL 2098
Date Published: 02/14/2022 09:00 PM Introduced by Assembly Member Low (Coauthors: Assembly Members Aguiar-Curry, Akilah Weber, and Wicks) (Coauthors: Senators Pan and Wiener) February 14, 2022 An act to add Section 2270 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST NO. 2098 AB 2098, as introduced, Low. Physicians and surgeons: unprofessional conduct. Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California and the Osteopathic Medical Board of California. Existing law requires the applicable board to take action against any licensed physician and surgeon who is charged with unprofessional conduct, as provided. This bill would designate the dissemination or promotion of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or “COVID-19,” as unprofessional conduct. The bill would require the board to consider specified factors prior to bringing a disciplinary action against a physician and surgeon. The bill would also make findings and declarations in this regard. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The global spread of the SARS-CoV-2 coronavirus, or COVID-19, has claimed the lives of over 5,000,000 people worldwide, including nearly 75,000 Californians. (b) Data from the federal Centers for Disease Control and Prevention (CDC) shows that unvaccinated individuals are at a risk of dying from COVID-19 that is 11 times greater than those who are fully vaccinated. (c) The safety and efficacy of COVID-19 vaccines have been confirmed through evaluation by the federal Food and Drug Administration (FDA) and the vaccines continue to undergo intensive safety monitoring by the CDC. (d) The spread of misinformation and disinformation about COVID-19 vaccines has weakened public confidence and placed lives at serious risk. (e) Major news outlets have reported that some of the most dangerous propagators of inaccurate information regarding the COVID-19 vaccines are licensed health care professionals. (f) The Federation of State Medical Boards has released a statement warning that physicians who engage in the dissemination of COVID-19 vaccine misinformation or disinformation risk losing their medical license, and that physicians have a duty to provide their patients with accurate, science-based information. (g) In House Resolution No. 74 of the 2021–22 Regular Session, the California State Assembly declared health misinformation to be a public health crisis, and urged the State of California to commit to appropriately combating health misinformation and curbing the spread of falsehoods that threaten the health and safety of Californians. SEC. 2. Section 2270 is added to the Business and Professions Code, to read: 2270. (a) It shall constitute unprofessional conduct for a physician and surgeon to disseminate or promote misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines. (b) The board shall consider the following factors prior to bringing a disciplinary action against a licensee under this section: (1) Whether the licensee deviated from the applicable standard of care. (2) Whether the licensee intended to mislead or acted with malicious intent. (3) Whether the misinformation or disinformation was demonstrated to have resulted in an individual declining opportunities for COVID-19 prevention or treatment that was not justified by the individual’s medical history or condition. (4) Whether the misinformation or disinformation was contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee. (c) For purposes of this section, the following definitions shall apply: (1) “Physician and surgeon” means person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000). (2) ”Board” means the Medical Board of California or the Osteopathic Medical Board of California, as applicable. (d) Section 2314 shall not apply to this section.
SENATE BILL 1100
Date Published: 03/21/2022 02:00 PM AMENDED IN SENATE MARCH 21, 2022 AMENDED IN SENATE MARCH 09, 2022 Introduced by Senator Cortese (Principal coauthor: Assembly Member Low) February 16, 2022 An act to amend Section 54957.9 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST NO. 1100 SB 1100, as amended, Cortese. Open meetings: orderly conduct. (1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Existing law requires every agenda for regular meetings of a local agency to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body. Existing law authorizes the legislative body to adopt reasonable regulations to ensure that the intent of the provisions relating to this public comment requirement is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. Existing law authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting. This bill would authorize the members presiding member of the legislative body conducting a meeting to remove an individual for willfully interrupting the meeting. The bill, except as provided, would require removal to be preceded by a warning by the presiding member of the legislative body that the individual is disrupting the proceedings, a request that the individual curtail their disruptive behavior or be subject to removal, and a reasonable opportunity to respond to the warning. cease the disruptive behavior. The bill would similarly require a warning, a request that the individual curtail their disruptive behavior or be subject to removal, and a reasonable opportunity to respond to the warning cease the disruptive behavior before clearing a meeting room for willful interruptions by a group or groups. The bill would define “willfully interrupting” to mean intentionally engaging in behavior during a meeting of a legislative body that substantially impairs or renders infeasible the orderly conduct of the meeting in accordance with law and applicable rules, as specified. By establishing new requirements for local legislative bodies, this bill would impose a state-mandated program. (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. (4) 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. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares as follows: (a) It is the intent of the Legislature to prescribe requirements for governing public meetings that are consistent with subdivision (c) of Section 54954.3 of the Government Code, which provides that a legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. (b) It is further the intent of the Legislature to prescribe requirements for governing public meetings to protect civil liberties in accordance with the United States Constitution, the California Constitution, and relevant law. (c) It is further the intent of the Legislature to prescribe requirements for governing public meetings consistent with Acosta v. City of Costa Mesa, 718 F.3d 800, 811(9th Cir. 2013), in which the court explained that an ordinance governing the decorum of a city council meeting is not facially overbroad if it only permits a presiding officer to eject an attendee for actually disturbing or impeding a meeting. SEC. 2. Section 54957.9 of the Government Code is amended to read: 54957.9. (a) The members presiding member of the legislative body conducting a meeting may remove an individual for willfully interrupting the meeting. Except as provided in subdivision (c), removal pursuant to this subdivision shall be preceded by a warning by the presiding member of the legislative body that the individual is disrupting the proceedings, a request that the individual curtail their disruptive behavior or be subject to removal, and a reasonable opportunity to respond to the warning. cease the disruptive behavior. (b) If any a meeting is willfully interrupted by a group or groups of individuals and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members presiding member of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Except as provided in subdivision (c), a clearing of a meeting room pursuant to this section shall be preceded by a warning by the presiding member of the legislative body that the group or groups are disrupting the proceedings, a request that the subject group or groups curtail their disruptive behavior or be subject to removal, and a reasonable opportunity to respond to the warning. cease the disruptive behavior. (c) The warning and request provisions of subdivisions (a) and (b) do not apply to individuals or groups willfully interrupting a meeting with behavior as described in Section 415 of the Penal Code. (d) Only matters appearing on the agenda may be considered in a session continued after clearing the meeting room pursuant to subdivision (b). Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. (e) This section does not prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (f) As used in this section, “willfully interrupting” means intentionally engaging in behavior during a meeting of a legislative body that substantially impairs or renders infeasible the orderly conduct of the meeting in accordance with law and applicable rules, and includes, but is not limited to, both of the following: (1) A failure to comply with reasonable regulations prohibiting force, threats of force, or intimidation. (2) A threat against another person’s free exercise or enjoyment of any right or privilege secured to them by the California Constitution, the laws of this state, the United States Constitution, or the laws of the United States, in whole or in part. SEC. 3. The Legislature finds and declares that Section 2 of this act, which amends Section 54957.9 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: This act is necessary to give legislative bodies clear authorization to restore order to meetings in the event of willful interruptions that are substantially impairing or rendering infeasible the orderly conduct of the meeting and, thereby, preserve the rights of other members of the public at the meeting and allow the legislative body to continue its work on behalf of the public. SEC. 4. The Legislature finds and declares that Section 2 of this act, which amends Section 54957.9 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings: This act is necessary to give legislative bodies clear authorization to restore order to meetings in the event of willful interruptions that are substantially impairing or rendering infeasible the orderly conduct of the meeting and, thereby, preserve the rights of other members of the public at the meeting and allow the legislative body to continue its work on behalf of the public. SEC. 5. 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 under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
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