LEGISLATION COMMITTEE   5.          
Meeting Date: 03/14/2022  
Subject: SB 871 (Pan): Public health: immunizations, as introduced
Submitted For: LEGISLATION COMMITTEE,
Department: County Administrator
Referral No.: 2022-06  
Referral Name: SB 871 (Pan)
Presenter: L. DeLaney and Nielsen Merksamer Team Contact: L. DeLaney, 925-655-2057

Referral History:
SB 871 (Pan) was referred to the Legislation Committee by Supervisor Mitchoff.
Referral Update:
SB 871 (Pan)
 
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 


History
 
Date Action
02/24/22 Referral to Com. on JUD. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.
02/23/22 Referred to Coms. on HEALTH, ED., and JUD.
02/07/22 Joint Rule 55 suspended. (Ayes 31. Noes 6. Page 2880.)
02/07/22 (Ayes 31. Noes 6.)
02/07/22 Art. IV. Sec. 8(a) of the Constitution dispensed with.
01/25/22 From printer. May be acted upon on or after February 24.
01/24/22 Introduced. Read first time. To Com. on RLS. for assignment. To print.

COVID-19 Response and Economic Recovery is a legislative priority of the Board of Supervisors. The Board's adopted 2021-22 State Platform does not contain specific policy or principle references to immunization.  However, in 2019, the Board of Supervisors supported SB 276 (Pan): Immunizations: Medical Exemptions.

The County's Health Officer, Dr. Ori Tzvieli, will be present at the meeting to provide further input.
Recommendation(s)/Next Step(s):
CONSIDER recommending a position to the Board of Supervisors on SB 871 (Pan) and directing staff to place the item on a Board of Supervisors agenda for consideration.