BILL NUMBER: AB 2635 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
AMENDED IN ASSEMBLY MARCH 22, 2010
INTRODUCED BY Assembly Member Portantino
FEBRUARY 19, 2010
An act to amend Section 60061 of the Education Code,
relating to instructional material. An act to amend
Section 121060 of the Health and Safety Code, relating to
communicable disease.
LEGISLATIVE COUNSEL'S DIGEST
AB 2635, as amended, Portantino. Education: instructional
material. Communicable disease: involuntary testing.
Existing law establishes procedures by which an arrestee's blood
may be tested, either voluntarily or by court order, for specified
communicable diseases when a peace officer, firefighter, custodial
officer, custody assistant, nonsworn uniformed employee of a law
enforcement agency, or emergency medical personnel is exposed to an
arrestee's blood or bodily fluids, as defined, while the peace
officer, firefighter, custodial officer, custody assistant, nonsworn
uniformed employee of a law enforcement agency, or emergency medical
personnel is acting within the scope of his or her duties.
This bill would add nonsworn employees of a law enforcement agency
whose job description includes the collection of fingerprints to the
list of persons to which these provisions apply. Because this bill
increases the duties of local officials, this bill would impose a
state-mandated local program.
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 these
statutory provisions.
Existing law imposes specified requirements on a publisher or
manufacturer of educational instructional material. If the publisher
or manufacturer willfully fails to comply with the requirements, it
is liable to the governing board, as specified.
This bill would specify that the publisher or manufacturer is also
liable to the governing board if the failure to comply with the
applicable requirements is due to gross negligence.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 121060 of the Health
and Safety Code is amended to read:
121060. (a) Any peace officer, firefighter, custodial officer, as
that term is defined in subdivision (a) of Section 831 or
subdivision (a) of Section 831.5 of the Penal Code, a custody
assistant, as that term is defined in subdivision (a) of Section
831.7 of the Penal Code, a nonsworn uniformed employee of a law
enforcement agency whose job entails the care or control of inmates
in a detention facility, a nonsworn employee of a law
enforcement agency whose job description entails the collection of
fingerprints, or emergency medical personnel who, while acting
within the scope of his or her duties, is exposed to an arrestee's
blood or bodily fluids, as defined in Section 121060.1, shall do the
following:
(1) Prior to filing a petition with the court, a licensed health
care provider shall notify the arrestee of the bloodborne pathogen
exposure and make a good faith effort to obtain the voluntary
informed consent of the arrestee or the arrestee's authorized legal
representative to perform a test for human immunodeficiency virus
(HIV), hepatitis B, and hepatitis C. The voluntary informed consent
shall be in writing. Once consent is given in writing, the arrestee
shall provide three specimens of blood for testing as provided in
this chapter.
(2) If voluntary informed consent is not given in writing, the
affected individual may petition, ex parte, the court for an order
requiring testing as provided in this chapter. The petition shall
include a written certification by a health care professional that an
exposure, including the nature and extent of the exposure, has
occurred.
(b) The court shall promptly conduct a hearing upon a petition
filed pursuant to paragraph (2) of subdivision (a). If the court
finds that probable cause exists to believe that a possible
bloodborne pathogen exposure, as defined in Section 121060.1, took
place between the arrestee and the peace officer, firefighter,
custodial officer, custody assistant, nonsworn uniformed employee of
a law enforcement agency whose job entails the care or control of
inmates in a detention facility, nonsworn employee of a law
enforcement agency whose job description entails the collection of
fingerprints, or emergency medical personnel, as specified in
this section, the court shall order that the arrestee provide three
specimens of blood for testing as provided in this chapter.
(c) (1) Except as provided in paragraph (2), copies of the test
results shall be sent to the arrestee, each peace officer,
firefighter, custodial officer, custody assistant, nonsworn uniformed
employee of a law enforcement agency whose job entails the care or
control of inmates in a detention facility, nonsworn employee of
a law enforcement agency whose job description entails the
collection of fingerprints, and emergency medical personnel
named in the petition and his or her employing agency, officer, or
entity, and if the arrestee is incarcerated or detained, to the
officer in charge and the chief medical officer of the facility where
the person is incarcerated or detained.
(2) The person whose sample was tested, shall be advised that he
or she will be informed of the hepatitis B, hepatitis C, and HIV test
results only if he or she wishes to be so informed. If the person
consents to be informed of the hepatitis B, hepatitis C, and HIV test
results, then he or she shall sign a form documenting that consent.
The person's refusal to sign that form shall be construed to be a
refusal to be informed of the hepatitis B, hepatitis C, and HIV test
results.
(3) Except as otherwise provided under this section, all
confidentiality requirements regarding medical records shall apply to
the test results obtained.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 60061 of the Education Code
is amended to read:
60061. (a) A publisher or manufacturer shall do all of the
following:
(1) Furnish the instructional materials offered by the publisher
at a price in this state that, including all costs of transportation
to that place, does not exceed the lowest price at which the
publisher offers those instructional materials for adoption or sale
to any state or school district in the United States.
(2) Automatically reduce the price of those instructional
materials to any governing board to the extent that reductions are
made elsewhere in the United States.
(3) Provide any instructional materials free of charge in this
state to the same extent as that received by any state or school
district in the United States.
(4) Guarantee that all copies of any instructional materials sold
in this state are at least equal in quality to the copies of those
instructional materials that are sold elsewhere in the United States,
and are kept revised, free from all errors, and up to date as may be
required by the state board.
(5) Not in any way, directly or indirectly, become associated or
connected with any combination in restraint of trade in instructional
materials, or enter into any understanding, agreement, or
combination to control prices or restrict competition in the sale of
instructional materials for use in this state.
(6) Maintain a representative, office, or depository in the State
of California or arrange with an independently owned and operated
depository in the State of California to receive and fill orders for
instructional materials.
(7) Provide to the state, at no cost, computer files or other
electronic versions of each state-adopted literary title and the
right to transcribe, reproduce, modify, and distribute the material
in braille, large print if the publisher does not offer a large print
edition, recordings, American Sign Language videos for the deaf, or
other specialized accessible media exclusively for use by pupils with
visual disabilities or other disabilities that prevent use of
standard instructional materials. Computer files or other electronic
versions of materials adopted shall be provided within 30 days of
request by the state as needed for the purposes described in this
subdivision as follows:
(A) Computer files or other electronic versions of literary titles
shall maintain the structural integrity of the standard
instructional materials, be compatible with commonly used braille
translation and speech synthesis software, and include corrections
and revisions as may be necessary.
(B) Computer files or other electronic versions of nonliterary
titles, including science and mathematics, shall be provided when
technology is available to convert those materials to a format that
maintains the structural integrity of the standard instructional
materials and is compatible with braille translation and speech
synthesis software.
(b) Upon the willful failure or gross negligence of the publisher
or manufacturer to comply with each requirement of this section, the
publisher or manufacturer shall be liable to the governing board in
the amount of three times the total sum that the publisher or
manufacturer was paid in excess of the price required under
paragraphs (1), (2), and (5) of subdivision (a), and in the amount of
three times the total value of the instructional materials and
services that the governing board is entitled to receive free of
charge under subdivision (a).