Bill Text


PDF |Add To My Favorites |Track Bill | print page

SB-336 Public health: COVID-19.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/08/2021 09:00 PM
SB336:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 336


Introduced by Senator Ochoa Bogh
(Coauthors: Senators Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen, and Wilk)

February 08, 2021


An act to add and repeal Chapter 1.5 (commencing with Section 120120) of Part 1 of Division 105 of the Health and Safety Code, relating to public health, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 336, as introduced, Ochoa Bogh. Public health: COVID-19.
Existing law authorizes the State Department of Public Health to take measures, such as ordering isolation, quarantine, and disinfection of persons and places, to study and prevent the spread of a communicable disease. Existing law requires local health officers to take similar measures in the territory under their jurisdiction to prevent the spread of disease. Under existing law, these measures can be issued to be effective immediately and have the force and effect of law.
This bill would require that before the State Department of Public Health or a local health official takes measures to prevent the spread of COVID-19, as defined, they publish the measures for 72 hours on their internet website and reach out to local organizations representing local business interests. By requiring a local official to publish a measure on its internet website and by requiring that it contact local organizations, the bill creates a state-mandated local program. The bill would remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of that date is repealed.
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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 1.5 (commencing with Section 120120) is added to Part 1 of Division 105 of the Health and Safety Code, to read:
CHAPTER  1.5. COVID-19 Related Public Health Orders

120120.
 As used in this chapter, “COVID-19” means the 2019 novel coronavirus disease.

120121.
 Notwithstanding any other law, including but not limited to, Sections 120130, 120140, and 120145, when the department takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the department has done both of the following:
(a) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.
(b) Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in each county.

120122.
 Notwithstanding any other law, including, but not limited to, Section 120175, when a health officer takes measures to prevent the spread of COVID-19 or protect public health against a threat of COVID-19, the measures shall not be effective unless the officer has done both of the following:
(a) Published the measures on its internet website for 72 hours prior to those measures taking effect and becoming enforceable.
(b) Contacted local organizations representing local business interests, including, but not limited to, a Chamber of Commerce or a Rotary Club in their jurisdiction.

120123.
 This chapter shall remain in effect while a measure taken by either the department or a local health officer related to COVID-19 is in effect, and as of the date no measures described in this chapter are in effect this chapter shall be repealed.

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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to provide notice to employers, employees, and businesses of the necessary measures to protect public health, so that proper protocols may be implemented to ensure the safe and robust functioning of the economy and labor markets during the COVID-19 pandemic, it is necessary for this act to take effect immediately.