California 2009-2010 Regular Session Status: Enacted

AB 2541 — Reporting of certain communicable diseases.

Last action — Chaptered by Secretary of State - Chapter 470, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes various communicable disease prevention and control programs. Existing law requires the State Department of Public Health to establish a list of reportable diseases and conditions and authorizes the department to adopt regulations requiring isolation or quarantine for any contagious, infectious, or communicable diseases, if necessary, for the protection of the public health. Existing law requires the local health officer to report the listed diseases to the department, and requires that, within one year after the establishment of a state electronic laboratory reporting system, reports generated by a laboratory be submitted electronically in a manner specified by the department, except for reports of HIV infections. Existing law requires health care providers and laboratories to report cases of HIV infection to the local health officer using patient names. This bill would delete the exemption from electronic reporting for HIV infections and would make conforming changes. This bill would require health care providers and laboratories to report cases of HIV infection to the local health officer using patient names and set guidelines regarding such reports. To the extent that this bill would impose additional requirements on a local public health officer and because this bill changes the definition of a crime, this bill would impose a state-mandated local program. Existing law prohibits the disclosure of public health records relating to HIV and AIDS, and the information contained in those records, with specified exceptions for public health purposes, or pursuant to a written authorization. Existing law requires a disclosure of these records or information to include only the information necessary for the purpose of the disclosure, and to be made only upon agreement that the information will be kept confidential and will not be further disclosed without written authorization. Existing law imposes civil penalties for the disclosure, whether negligent or willful and malicious, of the content of a confidential public health record, as defined, as well as specified criminal penalties, under certain circumstances. This bill would expand information disclosure provisions applicable to the information contained in public health records relating to HIV and AIDS, including when the person who is the subject of the record is coinfected with HIV/AIDS, tuberculosis, and a sexually transmitted disease, as specified. The bill would also increase the maximum civil penalties applicable for the disclosure of the content of a public health record, as specified. This bill would incorporate additional changes to Section 120130 of the Health and Safety Code proposed by AB 2786, to be operative only if AB 2786 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 470, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 12:15 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 6910.)

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time, passed, and to Assembly. (Ayes 37. Noes 0. Page 4996.)

  7. Ordered to third reading.

  8. From committee: Return to Senate floor for consideration. (Ayes 7. Noes 0.)

  9. From committee: Be re-referred to Com. on HEALTH pursuant to Senate Rule 29.10. (Ayes 3. Noes 0.) Re-referred to Com. on HEALTH.

  10. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  11. Read second time. To third reading.

  12. (Corrected September 15.)

  13. Read third time, amended. To second reading.

  14. Read second time. To third reading.

  15. Received August 13 pursuant to JR 61(b)(14).

  16. From committee: Do pass. (Ayes 11. Noes 0.) (August 12).

  17. From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 8. Noes 0.) (June 30).

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  19. In committee: Set, first hearing. Hearing canceled at the request of author.

  20. Referred to Com. on HEALTH.

  21. In Senate. Read first time. To Com. on RLS. for assignment.

  22. Read third time, passed, and to Senate. (Ayes 72. Noes 0. Page 5236.)

  23. Read second time. To Consent Calendar.

  24. From committee: Do pass. To Consent Calendar. (May 12).

  25. Re-referred to Com. on APPR.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  27. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 18. Noes 0.) (April 20).

  28. Joint Rule 62(a), file notice suspended. (Page 4712.)

  29. Re-referred to Com. on HEALTH.

  30. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  31. Referred to Com. on HEALTH.

  32. Read first time.

  33. From printer. May be heard in committee March 23.

  34. Introduced. To print.

Sponsors

  • Portantino · Primary
  • Fletcher · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Portantino

Co-sponsors (1)

  • Fletcher

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2541 PORTANTINO Concurrence in Senate Amendments

Passed 90 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 84000
Democratic 3000
Republican 3000
Total 90000
% of votes cast 100%0%0%0%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Anderson — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Silva — Yea
Torlakson — Yea
Tran — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB2541 Portantino By Emmerson

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 2000
Republican 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Ducheny — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Yea
Blakeslee — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Leno — Yea
Ashburn — Yea
Price — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Wolk — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Ashburn — Yea
Wolk — Yea
Alquist — Yea
Price — Yea
Walters — Not Voting
Wyland — Yea
Emmerson — Yea

Official roll call →

AB 2541 PORTANTINO Consent Calendar Second Day Regular Session

Passed 80 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 740011
Republican 3000
Democratic 3000
Total 800011
% of votes cast 88%0%0%12%
How each member voted (91)
Member Party Vote
Hall — Yea
Saldana — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Yamada — Yea
Fletcher — Not Voting
John — Not Voting
A. — Not Voting
Perez — Not Voting
Evans — Not Voting
Nava — Not Voting
Silva — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
De — Yea
Leon — Yea
Knight — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Ruskin — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Miller — Yea
Skinner — Yea
Solorio — Yea
Emmerson — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16001
Democratic 0001
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Charles — Not Voting
Conway — Yea
Hall — Yea
Harkey — Yea
Coto — Yea
Hill — Yea
Bradford — Yea
Norby — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Ammiano — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 22 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 19002
Democratic 1000
Republican 2000
Total 22002
% of votes cast 92%0%0%8%
How each member voted (24)
Member Party Vote
Carter — Yea
Eng — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
De — Not Voting
Leon — Not Voting
Hernandez — Yea
Nava — Yea
Ammiano — Yea
Hayashi — Yea
Monning — Yea
Smyth — Yea
Conway — Yea
Emmerson — Yea
Beth Gaines — Yea
Caballero, Anna M. Democratic Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does AB 2541 do?
Existing law establishes various communicable disease prevention and control programs. Existing law requires the State Department of Public Health to establish a list of reportable diseases and conditions and authorizes the department to adopt regulations requiring isolation or quarantine for any contagious, infectious, or communicable diseases, if necessary, for the protection of the public health. Existing law requires the local health officer to report the listed diseases to the department, and requires that, within one year after the establishment of a state electronic laboratory reporting system, reports generated by a laboratory be submitted electronically in a manner specified by the department, except for reports of HIV infections. Existing law requires health care providers and laboratories to report cases of HIV infection to the local health officer using patient names. This bill would delete the exemption from electronic reporting for HIV infections and would make conforming changes. This bill would require health care providers and laboratories to report cases of HIV infection to the local health officer using patient names and set guidelines regarding such reports. To the extent that this bill would impose additional requirements on a local public health officer and because this bill changes the definition of a crime, this bill would impose a state-mandated local program. Existing law prohibits the disclosure of public health records relating to HIV and AIDS, and the information contained in those records, with specified exceptions for public health purposes, or pursuant to a written authorization. Existing law requires a disclosure of these records or information to include only the information necessary for the purpose of the disclosure, and to be made only upon agreement that the information will be kept confidential and will not be further disclosed without written authorization. Existing law imposes civil penalties for the disclosure, whether negligent or willful and malicious, of the content of a confidential public health record, as defined, as well as specified criminal penalties, under certain circumstances. This bill would expand information disclosure provisions applicable to the information contained in public health records relating to HIV and AIDS, including when the person who is the subject of the record is coinfected with HIV/AIDS, tuberculosis, and a sexually transmitted disease, as specified. The bill would also increase the maximum civil penalties applicable for the disclosure of the content of a public health record, as specified. This bill would incorporate additional changes to Section 120130 of the Health and Safety Code proposed by AB 2786, to be operative only if AB 2786 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last. 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.
Who sponsors AB 2541?
AB 2541 is sponsored by Portantino and Fletcher.
What is the current status of AB 2541?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2541?
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