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Home My WebLink About05 - Supporting Assembly Bill 327, As Amended: COVID-19 Vaccination Status: Prohibition on Required DisclosureQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 11, 2021 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Grace K. Leung, City Manager - 949-644-3001, gleung@newportbeachca.gov PREPARED BY: Grace Leung, City Manager, gleung@newportbeachca.gov PHONE: 949-644-3001 TITLE: Resolution No. 2021-39: Supporting Assembly Bill 327, As Amended: COVID-19 Vaccination Status: Prohibition on Required Disclosure /_1 16"t I:7_T91 6 Assembly Member Kevin Kiley introduced Assembly Bill 327 (AB 327) in January 26, 2021, which was amended April 14, 2021. The bill would add Chapter 3.28 (commencing with Section 6218.8) to Division 7 of Title 1 of the Government Code, relating to privacy regarding the COVID-19 vaccine. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-39, A Resolution of the City Council of the City of Newport Beach, California, Supporting California Assembly Bill 327, As Amended. DISCUSSION: Assembly Member Kiley introduced AB 327 to add Chapter 3.28 to Division 7 of Title 1 of the Government Code, relating to privacy regarding COVID-19 vaccination status. The bill as amended (Attachment B) would prohibit state, local and any other governmental authority or agency 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 into any place, documentation regarding the individual's vaccination status for any COVID-19 vaccine administered under an emergency use authorization. In addition, 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. 5-1 Supporting Assembly Bill 327, As Amended: COVID-19 Vaccination Status: Prohibition on Required Disclosure May 11, 2021 Page 2 FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2021-39 Attachment B —Text of Assembly Bill 327 as Amended 5-2 ATTACHMENT A RESOLUTION NO. 2021- 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPPORTING CALIFORNIA ASSEMBLY BILL 327, AS AMENDED WHEREAS, on February 4, 2020, the Secretary of Health and Human Services ("HHS"), pursuant to Section 564 of the Federal Food, Drug and Cosmetic Act, determined there was a public health emergency involving the novel coronavirus that causes the illness Coronavirus Disease 2019 ("COVID-19"); WHEREAS, since December 11, 2020, the Federal Food and Drug Administration ("FDA"), under authority delegated to it by the Secretary of HHS, has issued emergency use authorizations for three (3) vaccines for the prevention of COVID-19; WHEREAS, California Assembly Bill No. 327 ("AB 327"), as amended, has been introduced in the California Assembly and, if adopted into law, would add Chapter 3.28 (commencing with Section 6218.8) to Division 7 of Title I of the Government Code, prohibiting 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; and WHEREAS, AB 327 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. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby support AB 327, as amended. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 5-3 Resolution No. 2021 - Page 2 of 2 Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 11th day of May, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CTTOTRNEY'S/;:7FC'I.,'E'.c�...�,_C Aar n C. Harp City Attorney 5-4 4/29/2021 Compare Versions ATTACHMENT B 4� d LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB -327 COVID-19 vaccination status: prohibition on required disclosure. (2021-2022) Current Version: 04/14/21 - Amended Assembly Compared to Version: 04/14/21 - Amended Assembly v Compare Versions J O ASSEMBLY BILL AMENDED IN ASSEMBLY APRIL 14, 2021 CALIFORNIA LEGISLATURE 2021-2022 REGULAR SESSION Introduced by Assembly Member Kiley January 26, 2021 NO. 327 An act to amend Section 8586.5 a add Chapter 3.28 (commencing with Section 6218.8) to Division 7 of Title 1 of the Government Code, relating to state government. privacy. LEGISLATIVE COUNSEL'S DIGEST AB 327, as amended, Kiley. California Eyberseetirity integration Center. representatives. California Privaey COVID-19 vaccination status: prohibition on required disclosure. 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 1 1 5-5 https://Ieginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202120220AB327 1/4 4/29/2021 Compare Versions 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. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: Reyes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares the following: (a) The Federal Food, Drug, and Cosmetic Act provision authorizing the emergency use authorization of vaccines expressly recognizes that each individual has "the option to accept or refuse administration of the product" under an emergency use authorization. (b) As of April 8, 2021, California has administered over 21 million COVID-19 vaccines. (c) Vaccination status is private health information and no governmental entity should compel disclosure. (d) The United States Constitution does not authorize the federal government to mandate nationwide vaccine passports for COVID-19. SEC. 2. Chapter 3.28 (commencing with Section 6218.8) is added to Division 7 of Title 1 of the Government Code, to read: 1 1 5-6 https://Ieginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202120220AB327 2/4 4/29/2021 Compare Versions CHAPTER 3.28. Prohibitions on COVID-19 Vaccination Status Disclosure Requirements 6218.8. (a) State agencies, local governments, and any other governmental authority shall not adopt or enforce 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. (b) Any public or private entity that receives or is awarded state funds through any means, including, but not limited to, grants, contracts, or loans, shall not require 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. SEC. 3. 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. 1 1 5-7 https://Ieginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill_id=202120220AB327 3/4 4/29/2021 Compare Versions 5-8 https:Hleginfo.legislature.ca.gov/faces/biIlVersionsCompareCIient.xhtml?bill_id=202120220AB327 4/4