Amended in Assembly April 25, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2638


Introduced by Assembly Member Gatto

February 19, 2016


An act to amend Sectionbegin delete 120370 of the Health and Safety Code, relating to public health.end deletebegin insert 16429.2 of the Government Code, relating to local government finance.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2638, as amended, Gatto. begin deletePublic health: vaccinations. end deletebegin insertLocal Investment Advisory Board: members.end insert

begin insert

Existing law creates the Local Agency Investment Fund, a trust fund in the custody of the Treasurer, in which local governments and other specified governmental entities may deposit, for investment, moneys that are not required for immediate needs. Existing law authorizes the Treasurer, with the advice of the Local Investment Advisory Board, to invest the moneys in the fund. Existing law requires the board to be made up of 5 members, including the Treasurer or his or her representative, 2 members appointed by the Treasurer who are experienced in the field of investment, and 2 members appointed by the Treasurer who are treasurers, finance or fiscal officers, or business managers employed by a county, city or local district, or municipal corporation of this state. Existing law establishes that the term of office of each appointed member of the board is 2 years.

end insert
begin insert

This bill would extend the term of each of the appointed members of the board to 3 years. The bill would also make several nonsubstantive changes.

end insert
begin delete

Existing law authorizes a parent or guardian to file with the governing authority of a school district or school a written statement by a licensed physician to the effect that immunization is not considered safe for a particular child, in which case that child shall be exempt from specified immunization requirements, to the extent indicated by the physician’s statement, as specified.

end delete
begin delete

This bill would specify that a licensed physician is not subject to discipline or liability for writing the statement described above.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 16429.2 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

16429.2.  

There is created the Local Investment Advisory Board
4consisting of five members. Thebegin delete chairmanend deletebegin insert chairend insert shall be thebegin delete Stateend delete
5 Treasurer or his or her designated representative. Two members
6who are qualified by training and experience in the field of
7investment or finance, shall be appointed by thebegin delete Stateend delete Treasurer.
8Two members who are treasurers, finance or fiscalbegin delete officersend deletebegin insert officers,end insert
9 or businessbegin delete managers,end deletebegin insert managersend insert employed by any county, city or
10localbegin delete districtend deletebegin insert district,end insert or municipal corporation ofbegin delete thisend deletebegin insert theend insert state,
11shall be appointed by the Treasurer.

12The term of office of each appointed member of the board is
13begin delete twoend deletebegin insert threeend insert years, but each appointed member serves at the pleasure
14of the appointing authority. A vacancy in the appointed
15membership, occurring other than by expiration of term, shall be
16filled in the same manner as the original appointment, but for the
17unexpired term only.

18Members of the board who are not state officers or employees
19shall not receive a salary, but shall be entitled to a per diem
20allowance of fifty dollars ($50) for each day’s attendance at a
21meeting of the board, not to exceed three hundred dollars ($300)
22in any month. All members shall be entitled to reimbursement for
23expenses incurred in the performance of their duties under this
24part, including travel and other necessary expenses.

25The board’s primary purpose shall be to advise and assist the
26begin delete Stateend delete Treasurer in formulating the investment and reinvestment of
27moneys in the Local Agency Investment Fund, and the acquisition,
P3    1retention, management, and disposition of investments of the fund.
2The board, from time to time, shall review those policies and advise
3therein as it considers necessary or desirable. The board shall
4advise thebegin delete Stateend delete Treasurer in the management of the fund and
5consult thebegin delete Stateend delete Treasurer on any matter relating to the investment
6and reinvestment of moneys in the fund.

begin delete
7

SECTION 1.  

Section 120370 of the Health and Safety Code
8 is amended to read:

9

120370.  

(a) If the parent or guardian files with the governing
10authority of a school district or school a written statement by a
11licensed physician to the effect that the physical condition of the
12child is such, or medical circumstances relating to the child are
13such, that immunization is not considered safe for the child,
14indicating the specific nature and probable duration of the medical
15condition or circumstances, including, but not limited to, family
16medical history, for which the physician does not recommend
17immunization, that child shall be exempt from the requirements
18of Chapter 1 (commencing with Section 120325, but excluding
19Section 120380) and Sections 120400, 120405, 120410, and
20120415 to the extent indicated by the physician’s statement.

21(b) If there is good cause to believe that a child has been exposed
22to a disease listed in subdivision (b) of Section 120335 and his or
23her documentary proof of immunization status does not show proof
24of immunization against that disease, that child may be temporarily
25excluded from the school or institution until the local health officer
26is satisfied that the child is no longer at risk of developing or
27transmitting the disease.

28(c) A licensed physician shall not be subject to discipline or
29liability for writing a statement as described in subdivision (a).

end delete


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