SB 541 — Sexual health: contraceptives.

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. 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.

Bill Text

• Enrolled 09/13/23 - Enrolled Current pdf September 13, 2023
• Amended 09/01/23 - Amended Assembly pdf September 01, 2023
• Amended 06/30/23 - Amended Assembly pdf June 30, 2023
• Amended 05/18/23 - Amended Senate pdf May 18, 2023
• Amended 03/30/23 - Amended Senate pdf March 30, 2023
• Amended 03/20/23 - Amended Senate pdf March 20, 2023
• Introduced 02/14/23 - Introduced pdf February 14, 2023
• SB541 View text html

Action History

1. January 25, 2024

   Veto sustained.

2. January 25, 2024

   Stricken from file.

3. October 08, 2023

   In Senate. Consideration of Governor's veto pending.

4. October 08, 2023

   Vetoed by the Governor.

5. September 15, 2023

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

6. September 11, 2023

   Assembly amendments concurred in. (Ayes 30. Noes 9. Page 2601.) Ordered to engrossing and enrolling.

7. September 07, 2023

   In Senate. Concurrence in Assembly amendments pending.

8. September 07, 2023

   Read third time. Passed. (Ayes 65. Noes 11. Page 3004.) Ordered to the Senate.

9. September 05, 2023

   Read second time. Ordered to third reading.

10. September 01, 2023

    Read second time and amended. Ordered to second reading.

11. September 01, 2023

    From committee: Do pass as amended. (Ayes 11. Noes 4.) (September 1).

12. August 23, 2023

    August 23 set for first hearing. Placed on suspense file.

13. July 12, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 3.) (July 11). Re-referred to Com. on APPR.

14. June 30, 2023

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

15. June 29, 2023

    From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 5. Noes 1.) (June 28).

16. June 15, 2023

    Referred to Coms. on ED. and HEALTH.

17. June 01, 2023

    In Assembly. Read first time. Held at Desk.

18. May 31, 2023

    Read third time. Passed. (Ayes 31. Noes 9. Page 1398.) Ordered to the Assembly.

19. May 31, 2023

    Reconsideration granted. (Ayes 40. Noes 0. Page 1398.)

20. May 31, 2023

    Motion to reconsider made by Senator Menjivar.

21. May 31, 2023

    Read third time. Passed. (Ayes 31. Noes 8. Page 1393.) Ordered to the Assembly.

22. May 22, 2023

    Read second time. Ordered to third reading.

23. May 18, 2023

    Read second time and amended. Ordered to second reading.

24. May 18, 2023

    From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1174.) (May 18).

25. May 12, 2023

    Set for hearing May 18.

26. April 24, 2023

    April 24 hearing: Placed on APPR suspense file.

27. April 18, 2023

    Set for hearing April 24.

28. April 13, 2023

    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.

29. April 03, 2023

    Set for hearing April 12.

30. March 30, 2023

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

31. March 29, 2023

    From committee: Do pass as amended and re-refer to Com. on HEALTH. (Ayes 5. Noes 2. Page 570.) (March 29).

32. March 20, 2023

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

33. March 08, 2023

    Set for hearing March 29.

34. February 22, 2023

    Referred to Coms. on ED. and HEALTH.

35. February 15, 2023

    From printer. May be acted upon on or after March 17.

36. February 14, 2023

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

Sponsors

• Caroline Menjivar · Primary
• Scott D. Wiener · Cosponsor
• Lori D. Wilson · Cosponsor
• Susan Rubio · Cosponsor

Votes

Subjects