California 2023-2024 Regular Session Status: To Executive 3 D cosponsors

SB 954 — Sexual health.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2023-2024 Regular Session. It reached “To Executive” 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.

Vetoed by Governor Gavin Newsom (Democratic) on September 25, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(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. The bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs. This bill would, on or before the start of the 2025–26 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 departments, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. The bill would require the governing board or body of a public school to designate one employee at each schoolsite to implement these provisions. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation. 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) Existing law authorizes, to the extent that the activities are an allowable use of funds from the AIDS Drug Assistance Program Rebate Fund, the State Department of Public Health to spend up to $23,000,000 to implement specified programs and grants related to the treatment and prevention of HIV and AIDS, including by allocating $5,000,000 in the 2024–25 fiscal year to distribute funding to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1) if this bill is enacted. This bill would require, if the State Department of Public Health or any other state agency distributes funding, including the above-described $5,000,000 allocation, to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1) , the selected community-based organization to, among other things, act as a fiscal agent of the state agency, or partner with relevant state agencies, to procure condoms at a discount, as provided. (3) 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. (4) 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.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 31. Noes 9. Page 5789.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 63. Noes 7. Page 7043.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Assembly Rule 69(b)(1) suspended.

  10. Joint Rule 61(b)(16) suspended. (Ayes 63. Noes 0. Page 6657.)

  11. Ordered to third reading.

  12. Read third time and amended.

  13. Read second time. Ordered to third reading.

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

  15. From committee: Do pass as amended. (Ayes 11. Noes 3.) (August 15).

  16. August 7 set for first hearing. Placed on suspense file.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 2.) (June 25). Re-referred to Com. on APPR.

  18. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 0.) (June 12). Re-referred to Com. on HEALTH.

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

  20. Referred to Coms. on ED. and HEALTH.

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

  22. Read third time. Passed. (Ayes 29. Noes 9. Page 4141.) Ordered to the Assembly.

  23. Read second time. Ordered to third reading.

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

  25. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3965.) (May 16).

  26. Set for hearing May 16.

  27. May 13 hearing: Placed on APPR suspense file.

  28. Set for hearing May 13.

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1. Page 3755.) (April 24). Re-referred to Com. on APPR.

  30. Set for hearing April 24.

  31. April 10 set for first hearing canceled at the request of author.

  32. Set for hearing April 10.

  33. From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 5. Noes 2. Page 3377.) (March 20). Re-referred to Com. on HEALTH.

  34. Set for hearing March 20.

  35. Referred to Coms. on ED. and HEALTH.

  36. From printer. May be acted upon on or after February 22.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 119 not signed on · 14 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

SB 954 Menjivar Senate Third Reading By Bonta

Passed 63 Yea · 7 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 43004
Unaffiliated 16201
Republican 4504
Total 63709
% of votes cast 80%9%0%11%
How each member voted (79)
Member Party Vote
Holden — Yea
Mathis — Yea
Maienschein — Yea
Rodriguez — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Waldron — Yea
Santiago — Yea
Essayli — Nay
Villapudua — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Yea
Dixon, Diane Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Hoover, Josh Republican Not Voting
Lackey, Tom Republican Not Voting
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Not Voting
Wallis, Greg Republican Yea

Official roll call →

Unfinished Business SB954 Menjivar et al. Concurrence

Passed 31 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 21100
Republican 0700
Total 31900
% of votes cast 78%23%0%0%
How each member voted (40)
Member Party Vote
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Roth — Yea
Atkins — Yea
Portantino — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 2001
Republican 0300
Total 11301
% of votes cast 73%20%0%7%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Not Voting
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay

Official roll call →

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

Passed 14 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 6000
Republican 1200
Total 14200
% of votes cast 88%13%0%0%
How each member voted (16)
Member Party Vote
Rodriguez — Yea
Santiago — Yea
Waldron — Yea
Wood — Yea
McCarty — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Haney, Matt Democratic Yea
Jackson, Corey A. Democratic Yea
Schiavo, Pilar Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Flora, Heath Republican Yea
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

3rd Reading SB954 Menjivar et al.

Passed 29 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 19102
Republican 0700
Total 29902
% of votes cast 73%23%0%5%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Not Voting
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

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

Passed 9 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7100
Unaffiliated 2000
Republican 0001
Total 9101
% of votes cast 82%9%0%9%
How each member voted (11)
Member Party Vote
Roth — Yea
Glazer — Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Limón, Monique Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Wiener, Scott D. Democratic Yea
Grove, Shannon Republican Not Voting

Official roll call →

Subjects

civil-rights healthcare education
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Frequently asked questions

What does SB 954 do?
(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. The bill would require the State Department of Education to monitor compliance with the requirements of the California Healthy Youth Act as part of its annual compliance monitoring of state and federal programs. This bill would, on or before the start of the 2025–26 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 departments, as defined, community health centers, nonprofit organizations, and the State Department of Public Health. The bill would require the governing board or body of a public school to designate one employee at each schoolsite to implement these provisions. By imposing additional duties on public schools, the bill would impose a state-mandated local program. The bill would make the implementation of these provisions contingent upon an appropriation. 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) Existing law authorizes, to the extent that the activities are an allowable use of funds from the AIDS Drug Assistance Program Rebate Fund, the State Department of Public Health to spend up to $23,000,000 to implement specified programs and grants related to the treatment and prevention of HIV and AIDS, including by allocating $5,000,000 in the 2024–25 fiscal year to distribute funding to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1) if this bill is enacted. This bill would require, if the State Department of Public Health or any other state agency distributes funding, including the above-described $5,000,000 allocation, to a community-based organization to make internal and external condoms available pursuant to the above-described provisions in paragraph (1) , the selected community-based organization to, among other things, act as a fiscal agent of the state agency, or partner with relevant state agencies, to procure condoms at a discount, as provided. (3) 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. (4) 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.
Who sponsors SB 954?
SB 954 is sponsored by Menjivar, Caroline (Democratic), Wiener, Scott D. (Democratic), and Rubio, Susan (Democratic).
What is the current status of SB 954?
This bill died with 2023-2024 Regular Session. It reached “To Executive” 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 954?
Track SB 954 free on One Click Politics — get push/email alerts when it moves.

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