Caroline Menjivar
- Democratic
- Senator
- District 20
Author
(1) Existing law, the California Healthy Youth Act, requires school districts, defined to include county boards of education, county superintendents of schools, the California School for the Deaf, the California School for the Blind, and charter schools, to ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and human immunodeficiency virus (HIV) prevention education, as specified. This bill would, in order to prevent and reduce unintended pregnancies and sexually transmitted infections, on or before the start of the 2024–25 school year, require each public school, including schools operated by a school district or county office of education, charter schools, and state special schools, to make internal and external condoms available to all pupils in grades 9 to 12, inclusive, free of charge, as provided. The bill would require these public schools to, at the beginning of each school year, inform pupils through existing school communication channels that free condoms are available and where the condoms can be obtained on school grounds. The bill would require a public school to post at least one notice regarding these requirements, as specified. The bill would require this notice to include certain information, including, among other information, information about how to use condoms properly. The bill would require each public school serving any of grades 7 to 12, inclusive, to allow condoms to be made available during the course of, or in connection with, educational or public health programs and initiatives, as provided. The bill would authorize a state agency, the State Department of Education, or a public school to accept gifts, grants, and donations from any source for the support of a public school carrying out these provisions, including, but not limited to, the acceptance of condoms from a manufacturer or wholesaler. The bill would, in order to comply with these provisions, encourage public schools to explore partnerships, including, but not limited to, partnerships with local health jurisdictions, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would additionally prohibit a public school, as defined, maintaining any combination of classrooms from grades 7 to 12, inclusive, a school district, the State Department of Education, or a county office of education from prohibiting certain school-based health centers, as defined, from making internal and external condoms available and easily accessible to pupils at the school-based health center site. (2) Under existing law, the Sherman Food, Drug, and Cosmetic Law, the State Department of Public Health generally regulates the packaging, labeling, advertising, and sale of food, drugs, devices, and cosmetics, in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of those provisions is generally a crime. Existing law sets forth various other provisions relating to the furnishing and health care coverage of certain types of contraception. This bill would, with certain exceptions, prohibit a retail establishment, as defined, from refusing to furnish nonprescription contraception to a person solely on the basis of age by means of any conduct, including, but not limited to, requiring the customer to present identification for purposes of demonstrating their age. Under the bill, a violation of that prohibition would be exempt from the above-described criminal penalty. (3) 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.
Veto sustained.
Stricken from file.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 9. Page 2601.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 65. Noes 11. Page 3004.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 11. Noes 4.) (September 1).
Read second time and amended. Ordered to second reading.
August 23 set for first hearing. Placed on suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 3.) (July 11). Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on HEALTH.
From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 5. Noes 1.) (June 28).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 31. Noes 9. Page 1398.) Ordered to the Assembly.
Read third time. Passed. (Ayes 31. Noes 8. Page 1393.) Ordered to the Assembly.
Motion to reconsider made by Senator Menjivar.
Reconsideration granted. (Ayes 40. Noes 0. Page 1398.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1174.) (May 18).
Set for hearing May 18.
April 24 hearing: Placed on APPR suspense file.
Set for hearing April 24.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1. Page 710.) (April 12). Re-referred to Com. on APPR.
Set for hearing April 12.
Read second time and amended. Re-referred to Com. on HEALTH.
From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 5. Noes 2. Page 570.) (March 29).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.
Set for hearing March 29.
From printer. May be acted upon on or after March 17.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB541 | HTML |
| 02/14/23 - Introduced | |
| 03/20/23 - Amended Senate | |
| 03/30/23 - Amended Senate | |
| 05/18/23 - Amended Senate | |
| 06/30/23 - Amended Assembly | |
| 09/01/23 - Amended Assembly | |
| 09/13/23 - Enrolled |
| Document | Format |
|---|---|
| 03/27/23- Senate Education | |
| 04/13/23- Senate Health | |
| 04/21/23- Senate Appropriations | |
| 05/18/23- Senate Appropriations | |
| 05/23/23- Sen. Floor Analyses | |
| 06/26/23- Assembly Education | |
| 07/07/23- Assembly Health | |
| 08/21/23- Assembly Appropriations | |
| 09/05/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/09/23- Sen. Floor Analyses | |
| 10/25/23- Sen. Floor Analyses |
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