California 2009-2010 Regular Session Status: Passed Assembly

AB 70 — Public postsecondary education: genetic testing.

Last action — From Senate committee without further action pursuant to Joint Rule 62(a).

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions of the various segments of public postsecondary education in this state. The segments of public postsecondary education in this state are the California State University, the University of California, and the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. Existing law, known as the Protection of Human Subjects in Medical Experimentation Act, prohibits a person from being subjected to any medical experiment unless the informed consent of that person is obtained. The act specifies the potential civil and criminal liability of a person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject's informed consent or who willfully fails to obtain informed consent. This bill would add to the Donahoe Higher Education Act a provision requesting the California State University and the University of California to refrain from making an unsolicited request, as defined, to an enrolled or prospective student of that segment for a DNA sample for the purpose of genetic testing. The bill would specify that it does not prohibit a licensed health care provider in a university facility from performing genetic testing and counseling in the course of a patient's medical care. The bill would require the University of California and the California State University to report, on a quarterly basis, in writing, the total amount of any expenditures, irrespective of source, the university makes pursuant to legal judgments or settlements resulting from violations of the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act or a specified federal regulation, or both, relating to unsolicited requests for DNA samples. The bill would require that the first of these quarterly reports be submitted to the Controller, the Governor, and the Legislature on or before January 1, 2011, and include all university expenditures for this purpose that have occurred prior to the date of the report. The bill would require the Controller to revert to the General Fund an amount equal to the amount of any expenditures reported pursuant to the bill from any unencumbered moneys that have been previously appropriated from the General Fund to the University of California and the California State University. The bill would require that subsequent quarterly reports be submitted on or before January 1, April 1, July 1, and October 1 of each year while this provision is operative. These provisions would be repealed on January 1, 2015. (2) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. From Senate committee without further action pursuant to Joint Rule 62(a).

  2. In committee: Set, first hearing. Failed passage.

  3. Joint Rule 62(a), file notice suspended. (Page 4400.)

  4. Re-referred to Com. on ED.

  5. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  7. Referred to Com. on RLS.

  8. In Senate. Read first time. To Com. on RLS. for assignment.

  9. Read third time, passed, and to Senate. (Ayes 78. Noes 1. Page 820.)

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 16. Noes 0.) (April 1).

  12. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (March 18).

  13. Referred to Com. on ED.

  14. Read first time.

  15. From printer. May be heard in committee January 14.

  16. Introduced. To print.

Sponsors

  • Norby · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Norby

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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, but re-refer to the Committee on Appropriations.

Failed 3 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3501
Total 3501
% of votes cast 33%56%0%11%
How each member voted (9)
Member Party Vote
Hancock — Nay
Alquist — Yea
Romero — Yea
Huff — Nay
Liu — Nay
Price — Not Voting
Simitian — Nay
Wyland — Yea
Emmerson — Nay

Official roll call →

AB 70 DUVALL Assembly Third Reading

Passed 89 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 82101
Democratic 4100
Republican 3000
Total 89201
% of votes cast 97%2%0%1%
How each member voted (92)
Member Party Vote
Adams — Yea
Ammiano — Yea
Anderson — Yea
Carter — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huffman — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Audra — Yea
Charles — Nay
Harkey — Not Voting
Bass — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Nay
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Republican 2000
Democratic 0001
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Charles — Not Voting
Duvall — Yea
Fuentes — Yea
Hall — Yea
Harkey — Yea
Miller — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Democratic 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Carter — Yea
Miller — Yea
Solorio — Not Voting
Ammiano — Yea
Brownley — Yea
Buchanan — Yea
Nestande — Yea
Torlakson — Yea
Eng — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea

Official roll call →

Subjects

civil-rights healthcare education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 70 do?
(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions of the various segments of public postsecondary education in this state. The segments of public postsecondary education in this state are the California State University, the University of California, and the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. Existing law, known as the Protection of Human Subjects in Medical Experimentation Act, prohibits a person from being subjected to any medical experiment unless the informed consent of that person is obtained. The act specifies the potential civil and criminal liability of a person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject's informed consent or who willfully fails to obtain informed consent. This bill would add to the Donahoe Higher Education Act a provision requesting the California State University and the University of California to refrain from making an unsolicited request, as defined, to an enrolled or prospective student of that segment for a DNA sample for the purpose of genetic testing. The bill would specify that it does not prohibit a licensed health care provider in a university facility from performing genetic testing and counseling in the course of a patient's medical care. The bill would require the University of California and the California State University to report, on a quarterly basis, in writing, the total amount of any expenditures, irrespective of source, the university makes pursuant to legal judgments or settlements resulting from violations of the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act or a specified federal regulation, or both, relating to unsolicited requests for DNA samples. The bill would require that the first of these quarterly reports be submitted to the Controller, the Governor, and the Legislature on or before January 1, 2011, and include all university expenditures for this purpose that have occurred prior to the date of the report. The bill would require the Controller to revert to the General Fund an amount equal to the amount of any expenditures reported pursuant to the bill from any unencumbered moneys that have been previously appropriated from the General Fund to the University of California and the California State University. The bill would require that subsequent quarterly reports be submitted on or before January 1, April 1, July 1, and October 1 of each year while this provision is operative. These provisions would be repealed on January 1, 2015. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 70?
AB 70 is sponsored by Norby.
What is the current status of AB 70?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 AB 70?
Track AB 70 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 70

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 70

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →