AB 327

Bill Subjects

Abstract

Existing law regulates the disclosure of personal information related to, among others, social security numbers, business records, drivers license numbers, medical information, and credit reporting information. Existing law prohibits discrimination against a person on certain characteristics, including, among others, disability, medical condition, and genetic information, as specified. Existing law also prohibits compelling a person in any state, county, city, or other local civil, criminal, administrative, legislative, or other proceedings to identify or provide identifying characteristics that would identify any individual who is the subject of an HIV test, except as specified. Existing federal law, the Federal Food, Drug, and Cosmetic Act, authorizes the United States Secretary of Health and Human Services to authorize the introduction into interstate commerce of a drug, device, or biological product, including, among others, a vaccine, intended for use in an actual or potential emergency if the Secretary has made a declaration that the circumstances exist justifying that authorization on the basis of a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, as specified. On February 4, 2020, the Secretary determined there was such a public health emergency involving the novel coronavirus that causes the illness Coronavirus Disease 2019 (COVID-19) . On the basis of that determination, the Secretary on March 27, 2020, declared that circumstances exist justifying the authorization of emergency use of drugs and biological products during the COVID-19 pandemic. Since December 11, 2020, the federal Food and Drug Administration, under authority delegated to it by the Secretary, has issued emergency use authorizations for 3 vaccines for the prevention of COVID-19. This bill would prohibit state agencies, local governments, and any other state governmental authority from adopting or enforcing any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual's vaccination status for any COVID-19 vaccine administered under an emergency use authorization. By prohibiting local governments from adopting or enforcing such measures, this bill would impose a state-mandated local program. The bill would prohibit any public or private entity that receives or is awarded state funds through any means, as specified, from requiring a member of the public to provide, as a condition of receipt of any service or entrance to any place, documentation regarding the person's vaccination status for any COVID-19 vaccine administered under an emergency use authorization. The bill would make related findings and declarations. 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.