Bill Text: CA AB1524 | 2023-2024 | Regular Session | Amended
Bill Title: Postsecondary education: on-campus access to drug testing devices.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed) 2023-09-11 - Ordered to inactive file at the request of Senator Menjivar. [AB1524 Detail]
Download: California-2023-AB1524-Amended.html
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Amended
IN
Senate
September 01, 2023 |
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Amended
IN
Senate
June 19, 2023 |
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Amended
IN
Assembly
April 13, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1524
| Introduced by Assembly Member Lowenthal (Coauthors: Assembly Members Schiavo and Ta) |
February 17, 2023 |
An act to add Section 66027.3 to the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1524, as amended, Lowenthal.
Postsecondary education: on-campus access to drug testing devices and antitampering devices.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state.
This bill would require the California State University and community college districts to stock an adequate supply of drug testing devices and antitampering devices, as defined, available and accessible, free-of-charge, at no fewer than one designated and accessible location on each campus and post a notice on these requirements in a prominent and conspicuous location in all restrooms, as specified. The bill would encourage the University of California, independent institutions of higher
education, and private postsecondary educational institutions to implement these provisions. By imposing new duties on community college districts, the 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 66027.3 is added to the Education Code, to read:66027.3.
(a) For purposes of this section, the following definitions apply:(1)“Antitampering devices” means covers, lids, and other devices designed to prevent an individual from tampering with or adding controlled substances to a drink.
(2)
(1) “Controlled substances” includes, but is not
limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.
(3)
(2) “Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.
(b) (1) The California State University and each community college district shall stock an adequate supply of
drug testing devices and antitampering devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus.
(2) (A) A location’s accessibility shall be determined by considering all of, but not limited to, the following factors:
(i) Hours of operation, relative to hours that students are on campus.
(ii) Proximity to high-traffic areas on campus.
(iii) Accessibility by students of all genders and regardless of physical ability.
(iv) Privacy,
including whether accessing drug testing devices and antitampering devices would require interaction with campus staff or other students.
(v) Safety.
(B) A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms.
(3) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative
test result, from a drug testing device made available pursuant to this subdivision.
(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.
(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms.
(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private
postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices and antitampering devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus.
(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in
all
restrooms.
(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).
(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement
subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.
(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices and antitampering devices.
