SB 1325

Bill Subjects

Abstract

Existing law sets forth various civil rights of individuals and provides a civil cause of action for a violation of those rights. This bill would recognize the right of self-quarantine, and would establish a civil cause of action for violation of that right. Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. Existing law requires the department to establish a list of reportable diseases and authorizes the state health officer, in conjunction with local health officers, to require quarantine when necessary for the protection of the public health. This bill would enact the Peaceful and Natural Dignity Act (PANDA) to permit an individual to exercise the right of self-quarantine, as defined, in lieu of compliance with an otherwise mandatory medication, quarantine, isolation, or other contagion prevention order or requirements of governmental agencies or officers. This bill would set forth procedures for electing to exercise this right and would set forth the requirements for the seclusion area. The bill would exempt self-quarantined individuals from specified compulsory legal process, including jury duty and school attendance. By requiring local agencies to comply with its requirements, and by making a violation of its provisions a crime, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.