California 2021-2022 Regular Session Status: Passed Senate 1 D cosponsors

SB 744 — Communicable diseases: respiratory disease information.

Last action — August 26 hearing: Held in committee and under submission.

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

This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR) . Existing law, the Information Practices Act of 1977, regulates the collection and disclosure of personal information regarding individuals by state agencies, except as specified. Under existing law, a person who willfully requests or obtains a record containing personal information from an agency under false pretenses or a person who intentionally discloses medical, psychiatric, or psychological information held by an agency is guilty of a misdemeanor. This bill would require the department to create a program to provide expedited release, during a declared public health emergency, of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, only to qualified researchers who sign a memorandum of understanding (MOU) with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would require each individual researcher who accesses or obtains nonpublic personal data through the program to sign an MOU, and would make a violation of the MOU a misdemeanor under the Information Practices Act of 1977. Because a willful violation of an MOU would be a crime, the bill would impose a state-mandated local program. The bill would require the department, within one business day of agreeing to an MOU, to publish the MOU in full and make it available, along with specified information, to the general public on its internet website. The bill would require the program to create a special Institutional Review Board to review requests submitted under the program and would require the program to approve or reject the requests within 15 days of receiving a completed application. This bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patient's household, the occupation and workplace of the patient, and a relevant travel history based on the disease course. The bill would make implementation of its provisions subject to an appropriation by the Legislature. To the extent that this bill would increase the duties of local health officers, the 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.

Bill Text

Action History

  1. August 26 hearing: Held in committee and under submission.

  2. August 19 set for first hearing. Placed on suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 13).

  5. Read second time and amended. Re-referred to Com. on JUD.

  6. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 22).

  7. Referred to Coms. on HEALTH and JUD.

  8. In Assembly. Read first time. Held at Desk.

  9. Read third time. Passed. (Ayes 37. Noes 1. Page 1393.) Ordered to the Assembly.

  10. Read second time. Ordered to third reading.

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1203.) (May 20).

  13. Set for hearing May 20.

  14. May 10 hearing: Placed on APPR suspense file.

  15. Set for hearing May 10.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 937.) (April 27).

  18. Set for hearing April 27.

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  20. From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 877.) (April 21). Re-referred to Com. on JUD.

  21. Set for hearing April 21.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on HEALTH.

  23. Referred to Coms. on HEALTH and JUD.

  24. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  25. (Ayes 32. Noes 4.)

  26. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  27. Read first time.

  28. From printer. May be acted upon on or after March 24.

  29. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Glazer · Primary
  • Anna M. Caballero · Cosponsor
  • Wilk · Cosponsor
  • Wood · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Glazer

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 2000
Republican 2000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Holden — Yea
Chiu — Yea
Kiley — Yea
Maienschein — Yea
Chau — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Judiciary]

Passed 11 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 9003
Democratic 2000
Republican 0001
Total 11004
% of votes cast 73%0%0%27%
How each member voted (15)
Member Party Vote
Waldron — Yea
Santiago — Yea
Maienschein — Yea
McCarty — Yea
Wood — Yea
Rodriguez — Yea
Nazarian — Yea
Bigelow — Not Voting
Burke — Not Voting
Mayes — Not Voting
Eduardo Garcia — Yea
Luz Rivas — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Carrillo, Juan Democratic Yea
Flora, Heath Republican Not Voting

Official roll call →

3rd Reading SB744 Glazer et al.

Passed 37 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 20102
Republican 4000
Democratic 13000
Total 37102
% of votes cast 93%3%0%5%
How each member voted (40)
Member Party Vote
Dodd — Yea
Borgeas — Yea
Roth — Yea
Atkins — Yea
Rubio — Yea
Wieckowski — Yea
Bates — Yea
Portantino — Yea
Wilk — Yea
Glazer — Yea
Gonzalez — Yea
Skinner — Yea
Newman — Yea
Bradford — Yea
Hueso — Yea
Eggman — Yea
Hertzberg — Yea
Min — Yea
Leyva — Yea
Pan — Yea
Kamlager — Nay
Melendez — Not Voting
Nielsen — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4000
Democratic 6000
Republican 1000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Borgeas — Yea
Hertzberg — Yea
Wieckowski — Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 2001
Republican 1000
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Pan — Yea
Roth — Yea
Melendez — Yea
Rubio — Yea
Leyva — Yea
Gonzalez — Yea
Eggman — Not Voting
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Not Voting
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 744 do?
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR) . Existing law, the Information Practices Act of 1977, regulates the collection and disclosure of personal information regarding individuals by state agencies, except as specified. Under existing law, a person who willfully requests or obtains a record containing personal information from an agency under false pretenses or a person who intentionally discloses medical, psychiatric, or psychological information held by an agency is guilty of a misdemeanor. This bill would require the department to create a program to provide expedited release, during a declared public health emergency, of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, only to qualified researchers who sign a memorandum of understanding (MOU) with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would require each individual researcher who accesses or obtains nonpublic personal data through the program to sign an MOU, and would make a violation of the MOU a misdemeanor under the Information Practices Act of 1977. Because a willful violation of an MOU would be a crime, the bill would impose a state-mandated local program. The bill would require the department, within one business day of agreeing to an MOU, to publish the MOU in full and make it available, along with specified information, to the general public on its internet website. The bill would require the program to create a special Institutional Review Board to review requests submitted under the program and would require the program to approve or reject the requests within 15 days of receiving a completed application. This bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patient's household, the occupation and workplace of the patient, and a relevant travel history based on the disease course. The bill would make implementation of its provisions subject to an appropriation by the Legislature. To the extent that this bill would increase the duties of local health officers, the 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.
Who sponsors SB 744?
SB 744 is sponsored by Glazer, Caballero, Anna M. (Democratic), Wilk, and Wood.
What is the current status of SB 744?
This bill died with 2021-2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 744?
Track SB 744 free on One Click Politics — get push/email alerts when it moves.

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