Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 511

Introduced by Assembly Member Arambula
(Coauthor: Assembly Member Salas)

February 13, 2017

An act to amend Section 33195.6 of, and to repeal Section 59150 of, the Education Code, to amend Section 8732 of the Family Code, to amend Sections 1526.8, 1796.43, 1796.45, and 121525 of the Health and Safety Code, and to amend Sections 5163 and 5163.1 of the Public Resources Code, relating to tuberculosis. add Section 89012 to the Education Code, relating to the California State University.


LEGISLATIVE COUNSEL'S DIGEST


AB 511, as amended, Arambula. Tuberculosis risk assessment and examination. California State University, Fresno: fire building protection standards.
Existing law requires the State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, to propose fire protection building standards for roofs, exterior walls, structure projections, and structure openings, as specified. Existing law requires the State Fire Marshal to enforce regulations adopted by him or her and building standards relating to fire and panic safety published in the California Building Standards Code in all state-owned buildings, state-occupied buildings, and state institutions throughout the state.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, including California State University, Fresno, which is also known as Fresno State.
This bill would provide that the State Fire Marshal shall have no authority over, and that building standards and regulations adopted or enforced by him or her shall not apply to, any privately owned development of a building, including related improvements to that building, for the purpose of fire or life safety activities, other safety-related activities, plan checks, or inspections, located at Fresno State’s Campus Pointe. This provision would only apply if the owner of that building, or the owner of related improvements to that building, enters into an agreement with the City of Fresno for the city’s fire department to perform fire and life safety activities, other safety-related activities, plan checks, and inspections of the development.
This bill would make legislative findings and declarations as to the necessity of a special statute for California State University, Fresno.

Existing law requires employees and volunteers of a heritage school to be in good health, as verified by a health screening, including a test for tuberculosis, as specified.

This bill would instead require the health screening to include a tuberculosis risk assessment within the prior 60 days of initial employment or volunteer assignment, and every 4 years thereafter, and, if risk factors are present, an examination to determine that he or she is free of infectious tuberculosis.

Existing law requires students attending specified schools for blind and deaf persons to be tested for exposure to tuberculosis at least every 2 years.

This bill would repeal those provisions.

Existing law requires a foster parent applicant and each adult residing in the applicant’s home to receive a test for communicable tuberculosis.

This bill would instead require those individuals to receive a tuberculosis risk assessment, and, if risk factors are present, an examination to determine that he or she is free of infectious tuberculosis.

Existing law requires a volunteer caregiver in a crisis nursery to be in good physical health and be tested for tuberculosis, not more than one year prior to, or 7 days after, initial presence in the facility.

This bill would instead require those individuals to submit to a tuberculosis risk assessment, and, if risk factors are present, an examination to determine that he or she is free of infectious tuberculosis.

Existing law requires an affiliated home care aide employed by a home care organization to demonstrate that he or she is free from tuberculosis, by submitting to an examination 90 days prior to, or 7 days after, employment, to determine that he or she is free of active tuberculosis. Under existing law, an affiliated home care aide whose test for tuberculosis infection is negative is required to undergo an examination at least once every 2 years.

This bill would instead prohibit an affiliated home care aide from being initially employed by a home care organization unless he or she has submitted to a tuberculosis risk assessment within the prior 90 days, or within 7 days after employment, and, if risk factors are present, an examination, as specified. The bill would extend the required period for subsequent examinations to once every 4 years for affiliated home care aides with no identified tuberculosis risk, or a negative tuberculosis test.

Existing law prohibits a person from being initially employed by a private or parochial elementary or secondary school, or a nursery school, unless that person produces or has on file with the school a certificate showing that he or she has submitted to a tuberculosis risk assessment, and, if risk factors are present, an examination to determine that he or she is free of infectious tuberculosis.

This bill would replace obsolete references to “nursery school” in these provisions to refer instead to “preschool” for purposes of tuberculosis risk assessment.

Existing law prohibits a person from being initially employed in connection with specified city or county public recreation areas and facilities unless that person produces or has on file with the city or county a certificate showing that within the prior 2 years he or she has been examined and found to be free of communicable tuberculosis. Existing law requires an employee with a negative skin test to repeat the test once every 4 years and, if a subsequent skin test is positive, to have an X-ray and a referral to the local health officer for followup care.

This bill would instead require the employees to submit to a tuberculosis risk assessment, and, if risk factors are present, an examination to determine that he or she is free of infectious tuberculosis. Employees with a negative test or no identified risk factors would be required to repeat the test every 4 years and receive an examination and followup care if a subsequent test is positive, as specified. This bill would require the examination to consist of any test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention and licensed by the federal Food and Drug Administration.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 89012 is added to the Education Code, to read:

89012.
 (a) Notwithstanding subdivision (c) of Section 13108.5 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over, and building standards and regulations adopted or enforced by him or her shall not apply to, any privately owned development of a building, including related improvements to that building, for the purpose of fire or life safety activities, other safety-related activities, plan checks, or inspections, located at California State University, Fresno, Campus Pointe.
(b) Subdivision (a) shall only apply if the owner of the building or the owner of related improvements to the building, described in subdivision (a), enters into an agreement with the City of Fresno for the city’s fire department to perform fire and life safety activities, other safety-related activities, plan checks, and inspections of that development.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of California State University, Fresno.