Requires student notification advising them to adhere to health agency HPV immunization guidelines, makes claims about vaccine safety, effectiveness

State: CA
Bill Number: AB 659
Position: OPPOSE
Action Required: None at this time
Status: ENACTED, signed by Governor Gavin Newsom and effective on 10/13/2023; Chapter 809, Statutes of 2023

Legislation Details:

UPDATE: 10/13/2023 - AB 659 was enacted and signed by  Governor Gavin Newsom and effective on 10/13/2023, Chapter 809, Statutes of 2023.

UPDATE: 9/20/2023 - AB 659 was enrolled and sent to the Governor on 9/20/2023. The governor has 30 days from 9/14/2023, session adjournment, to sign or veto bills.

UPDATE: 9/13/2023 - AB 659 as amended on the Senate floor was concurred in the full Assembly by a vote of 60 Ayes, 13 Noes on 9/13/2023. Contact Governor Gavin Newsom (916) 445-2841 & ask to VETO AB 659

UPDATE: 9/12/2023 - AB 659 passed the Senate 3rd reading as amended by a vote of 32 Ayes, 6 Noes on 9/12/2023. It was then sent to the Assembly to vote on the Senate floor amendments. Contact your Assembly Member and ask them to OPPOSE AB 659.

UPDATE: 9/11/2023 - AB 659 as amended on the Senate floor was read a second time and was ordered for a third reading on 9/11/2023. 

UPDATE: 9/8/2023 - AB 659 was amended on the Senate floor on 9/8/2023 and ordered to second reading. The amendment states that pupils entering 8th grade and college students 26 years and younger are to be advised to adhere to current immunization guidelines regarding full human papillomavirus (HPV) immunization. The guidelines are those from the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, the American Academy of Pediatrics, and the American Academy of Family Physicians. The notification shall state the following: "HPV vaccination can prevent over 90 percent of cancers caused by HPV. HPV vaccines are very safe, and scientific research shows that the benefits of HPV vaccination far outweigh the potential risks."

The 9/8/2023 amendments require a title change for AB 659. The previous title was, "Establishes state recommended policy that all students entering 8th grade or 26 and younger before enrolling in college be fully vaccinated for HPV. 

UPDATE: 9/7/2023 - AB 659 is scheduled for a Senate floor 3rd reading on Thursday, 9/7/2023 at 10:00 am. View the Agenda HERE. Continue to contact your Senator, ask them to OPPOSE AB 659.

UPDATE: 9/1/2023 - AB 659 was reported from the Senate Appropriations Committee with the recommendation of "Do Pass" by a vote of 5 Ayes, 2 Noes, on 9/1/2023.  

UPDATE: 8/29/2023 - AB 659 is scheduled for a suspense hearing in the Senate Appropriations Committee on Friday, 9/1/2023 upon adjournment of Session in 1021 O Street, Room 2200. View the Hearing Agenda HERE.

Suspense Hearings are vote-only and held prior to the deadlines for fiscal committees to hear and report bills to the Senate Floor.  Bills will either move on to the Senate Floor for further consideration or be in held in committee and under submission. At the Suspense File hearing bills are taken up alphabetically by author.  There is no public testimony.

Ways to Take Action and OPPOSE AB 659:

1) Provide written comments by emailing the committee: [email protected] 

2) Contact the Senate Appropriations Committee Members individually, ask them to OPPOSE: Position letters delivered to the committee are not forwarded to the individual members of the committee. 

Senate Appropriations Committee Members:

Chair: Senator Anthony Portantino | (916) 651-4025 

Vice Chair: Senator Brian Jones | (916) 651-4040 

Senator Angelique Ashby | (916) 651-4008 

Senator Steven Bradford | (916) 651-4035 

Senator Kelly Seyarto | (916) 651-4032 

Senator Aisha Wahab | 916) 651-4410 

Senator Scott Wiener | (916) 651-4011 

Emails (copy and paste these addresses into your “To” field): 

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected][email protected]

3) Contact your Senator, ask them to OPPOSE: Find your Senator HERE

UPDATE: 8/21/2023 - AB 659 was placed on the Senate Appropriations Committee suspense file on 8/21/2023. The Committee can take a bill out of the suspense file to vote on its passage at any time. Continue to contact Senate Appropriations Committee Members and your Senator, ask them to OPPOSE AB 659. 

UPDATE: 8/11/2023 - AB 659 is scheduled for a hearing in the Senate Appropriations Committee on Monday, 8/21/2023 at 1:00 pm in 1021 O Street, Room 2200. View the  Hearing Agenda HERE; view the hearing notice HERE under 'Bill Status'. 

UPDATE: 7/12/2023 - AB 659 passed the Senate Committee for Education by a vote of 5 Ayes, 2 Noes on 7/12/2023. 

UPDATE: 7/3/2023 - AB 659 was re-referred to the Senate Committee for Education on 7/3/2023. 

UPDATE: 6/29/2023 - AB 659 was passed as amended by the Senate Committee for Health on 6/28/2023 by a vote of 10 Ayes, 1 No.  The main difference in the amendment is that it changes the state's school attendance policy for the HPV vaccine from "expected" to "recommended." 

 Sec. 4. 120336 (a) It is the public policy of the state that pupils are expected recommended to be fully immunized against human papillomavirus (HPV) before admission or advancement to the eighth grade level of any private or public elementary or secondary school.

Sec. 6. 120390.6 120390.6. It is the public policy of the state that students who are 26 years of age or younger are expected recommended to be fully immunized against human papillomavirus (HPV) before first-time enrollment at an institution of the California State University, the University of California, or the California Community Colleges.

This amendment necessitates a title change of this bill on the portal from "Establishes it is CA state policy that all students entering 8th grade or 26 and younger before enrolling in college be fully vaccinated for HPV" to "Establishes state recommended policy that all students entering 8th grade or 26 and younger before enrolling in college be fully vaccinated for HPV."

NVIC continues to OPPOSE this bill. HPV is not transmissible in a school setting so the state should not be promoting the HPV vaccine for school attendance. 

UPDATE: 6/15/2023 - AB 659 is scheduled for a hearing in the Senate Committee for Health on Wednesday, 6/28/2023 at 1:30 PM at 1021 O Street Room 1200. View Hearing Agenda HERE

View Testifying via Teleconference Instructions HERE | PARTICIPANT NUMBER: 877-226-8163 | ACCESS CODE: 7362834 

Upon calling in, you will be placed in a “waiting room” where you will be muted but you can listen to the committee hearing as you wait.

Submit a Position Letter HERE to communicate your views to the bill author’s staff as well as the committee that will be hearing the bill. FAQ

View the Senate Committee on Health Page for more information. Email: [email protected]

UPDATE: 6/14/2023 - AB 659 was referred to the Senate Committee for Education and the Senate Committee for Health on 6/14/2023. 

UPDATE: 5/31/2023 - AB 659 passed the 3rd reading in the full Assembly by a vote of 59 Ayes, 14 Noes on 5/31/2023. 

UPDATE: 5/22/2023 - AB 659 was read a third time and amended and ordered on 5/22/2023 to a third reading.  The amendment does not change the part of the bill that NVIC is still opposed to from the 4/12/2023 amendment stating "it is the public policy of the state that students are expected to be fully immunized against human papillomavirus (HPV).” Our opposition position has not changed.  The new amendment merely requires that the notification that parents or guardians of students advancing to the 6th grade in public or private school already receive shall include "a statement about the state’s public policy described in subdivision (a) of Section 120336 of the Health and Safety Code, advising that the pupil be fully immunized against human papillomavirus (HPV) before admission or advancement to the eighth grade level." There is a clarification that this does not apply to a student in a home-based private school (eg. home school). This bill is still likely to be interpreted by the Health Department they are being called on to create a rule to mandate the vaccine. Also, none of this changes the fact that this vaccine has far too many problems with side effects, so the state should not have a public policy expecting the vaccination of students.

UPDATE: 5/18/2023 - AB 659 Passed Second Reading, and ordered to Third Reading on 5/18/2023.

UPDATE: 5/17/2023 - AB 659 passed the Assembly Appropriations Committee on 5/17/2023 by a vote of 11 Ayes, 4 Noes. 

UPDATE: 5/12/2023 - AB 659  is scheduled for a hearing in the Assembly Appropriations Committee on Wednesday, 5/17/2023 at 9:00 am at 1021 O Street, Room 1100.  The agenda is available by clicking on "View Agenda" at this link

UPDATE: 5/5/2023 - AB 659 is scheduled for a hearing in the Assembly Committee on Appropriations on Wednesday, 5/10/2023 at 9:00 am, at 1021 O Street, Room 1100. See the agenda by clicking on the hearing agenda link 

UPDATE: 4/19/2023 - AB 659 was referred to the Assembly Committee on Appropriations on 4/19/2023. Please contact the Assembly Appropriations Committee Members, your Assembly Member, & your Senator, ask them to OPPOSE AB 659. To find your legislators, login to the NVIC Advocacy Portal at http://NVICAdvocacy.org. Click on the red button on the homepage that says “Go to my State” or “My State” on the STATE TEAMS tab. Your personal state legislators are listed at the bottom of the page. You can click on your legislators’ names to get phone numbers, emails, and even links to their social media to connect with them. You can also find your state legislators on the California Legislative site at this link: https://findyourrep.legislature.ca.gov/

Position emails can be submitted by emailing [email protected]. The committee also accepts hard copies of written testimony delivered by post. Please note that any written testimony submitted to the committee is considered public comment and may be read into the record or reprinted. The Appropriations Committee is located at 1021 O Street, Suite 8220 Sacramento, California 95814 and the phone number is (916) 319-2081. 

Contact List for the Assembly Committee on Appropriations Members:

Chair: Assemblymember Chris Holden | (916) 319-2041 
Vice Chair: Assemblymember Megan Dahle | (916) 319-2001 
Assemblymember Isaac Bryan | (916) 319-2055 
Assemblymember Lisa Calderon | (916) 319-2056 
Assemblymember Wendy Carrillo | (916) 319-2052 
Assemblymember Diane Dixon | (916) 319-2072 
Assemblymember Mike Fong | (916) 319-2049 
Assemblymember Gregg Hart | (916) 319-2037 
Assemblymember Josh Lowenthal | (916) 319-2069 
Assemblymember Devon Mathis | (916) 319-2033 
Assemblymember Diane Papan | (916) 319-2021 
Assemblymember Gail Pellerin | (916) 319-2028 
Assemblymember Robert Rivas | (916) 319-2029 
Assemblymember Kate Sanchez | (916) 319-2071 
Assemblymember Akilah Weber | (916) 319-2079 
Assemblymember Lori Wilson | (916) 319-2011 

Emails (copy and paste these addresses into your “To” field): 

[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];  

UPDATE: 4/18/2023 - AB 659 passed the Assembly Committee on Health on 4/18/2023 by a vote of 10 Ayes, 4 Noes. 

UPDATE: 4/14/2023 - AB 659 is scheduled for a hearing in the Assembly Committee on Health on Tuesday, 4/18/2023 at 1:30 pm at 1021 O Street, Room 1100. To view the hearing agenda, click here and scroll down to the Health Committee meeting. 

UPDATE: 4/12/2023 - AB 659 was amended by the sponsor and rereferred to the Assembly Committee on Health.  See text of current law as amended by most recent version here. The amended version removes the college mandate, but still establishes in state law:

120336. (a) It is the public policy of the state that pupils are expected to be fully immunized against human papillomavirus (HPV) before admission or advancement to the 8th grade level of any private or public elementary or secondary school.

120390.6. It is the public policy of the state that students who are 26 years of age or younger are expected to be fully immunized against human papillomavirus (HPV) before first-time enrollment at an institution of the California State University, the University of California, or the California Community Colleges.

NVIC is still opposed to the bill because the remaining language "it is the public policy of the state that students are expected to be fully immunized against human papillomavirus (HPV)” could be interpreted by the Health Department to imply they are being called on to create a rule to mandate the vaccine. Also, this vaccine has far too many problems with side effects, so the state should not have a public policy expecting the vaccination of students.

UPDATE: 3/24/2023 - AB 659 was scheduled for a hearing in the 3/28/2023 Assembly Committee on Health meeting, but the sponsor pulled the bill from this hearing, according to committee staff. It will likely be scheduled at a later hearing. 

UPDATE: 3/21/2023 - AB 659 was amended by the sponsor and referred to the Assembly Committee on Health on 3/21/2023. NVIC still opposes AB 659 with these amendments.  NVIC does not support vaccine mandates.  See AB 659 as amended on 3/21/2023 here blue italics text is new and red strike-through is deleted text in current law. 

The amendment changes the HPV (human papillomavirus) vaccine mandate from adding it to the list of vaccines required for school to a new section that states:

SEC. 3. Section 120336 is added to the Health and Safety Code, to read:

120336. (a) It is the public policy of the state that pupils are expected to be fully immunized against human papillomavirus (HPV) before admission or advancement to the 8th grade level of any private or public elementary or secondary school.

(b) Upon a pupil’s admission or advancement to the 6th grade level, the governing authority shall submit to the pupil and their parent or guardian a notification containing a statement about the state’s public policy described in subdivision (a) and advising that the pupil be fully immunized against HPV before admission or advancement to the 8th grade level.

This amendment still puts into state law that pupils are expected to be fully vaccinated for HPV and this is not acceptable. 

In addition, AB 659 as amended adds the following new HPV mandate for college students:

SEC. 5. Section 120390.6 is added to the Health and Safety Code, to read:

120390.6. (a) Except as provided in subdivisions (b) and (c), the Trustees of the California State University, the Regents of the University of California, and the Board of Governors of the California Community Colleges shall require the first-time enrollees at those institutions who are 26 years of age or younger to provide proof of full immunization against the human papillomavirus (HPV) prior to enrollment.

(b) A person who has not been fully immunized against HPV, as required by subdivision (a), may be admitted by the governing body of any of the institutions of higher education to which subdivision (a) is applicable on condition that, within a designated time period, the person will provide proof of full immunization against HPV.

(c) Immunization of a person shall not be required for admission to an institution of higher education to which subdivision (a) is applicable if any of the following persons files with the governing body of the educational institution a medical exemption:

(1) The parent, guardian, or adult who has assumed responsibility for the care and custody of the person seeking admission, if that applicant is a minor who is not emancipated.

(2) The person seeking admission, if that applicant is an emancipated minor or is 18 years of age or older

Current law, Section 120390 of the Health and Safety Code, gives authority to the department, in consultation with the Trustees of the California State University, and the Regents of the University of California, to adopt and enforce all regulations necessary to carry out this section.

AB 659 as amended will add the Board of Governors of the California Community Colleges, as applicable to this current law.  This could open the door for future mandates for Community Colleges that have been adopted by the Trustees of the California State University, and the Regents of the University of California.  

UPDATE: 2/21/2023 - AB 659 was re-referred to the Assembly Committee on Health and "may be heard" as early as 3/12/2023. The Assembly Committee on Health encourages the public to provide written testimony before the hearing by visiting https://calegislation.lc.ca.gov/Advocates/ and registering for an account and then submitting written testimony in the form of a position letter. This is the most effective way to submit testimony because oral testimony will be very limited at the actual hearing. The Assembly has a Quick Reference Guide for submitting position letters.  Position letters are due the Wednesday before the hearing by noon. If the hearing is next week on the 12th, that means position letters are due by Tomorrow 3/8 by 12 noon.  Position letters against this bill may be submitted by individuals or organizations.

Please note that any written testimony submitted to the committee is considered public comment and may be read into the record or reprinted.  The hearing room will be open for attendance of this hearing, but the public is strongly encouraged to participate via the web portal and watch the hearing from its live stream on the Assembly’s website at https://www.assembly.ca.gov/todaysevents.

UPDATE: 2/17/2023 - AB 659 was amended by the sponsor and referred to the Assembly Committee on Health on 2/17/2023. The amendment adds new requirements concerning HPV screenings and vaccinations for insurance companies and does not change the mandate for school.  NVIC is still strongly opposed to the bill. 

AB 659 was introduced on 2/9/2023.  This bill is sponsored by Assembly Member Aguiar-Curry and Senator Wiener, cosponsored by Assembly Members Wendy Carrillo, Friedman, Kalra, Ortega, Papan, and Blanca Rubio.

This bill mandates HPV vaccine for public and private school students entering 8th grade without a personal belief exemption.  The department still has the authority to add HPV vaccine for children younger than 8th grade but is not required to do so. 

Specifically, the bill does the following:

HPV vaccine is added as # 11 to the list of 10 vaccines currently mandated by the state in SEC. 2. Section 120325 of the Health and Safety Code:(11) Human papillomavirus (HPV).

There will not be a personal belief exemption available for students going into 8th grade because this is a mandate by the legislature and not the health department:

(e) (1) The governing authority shall not unconditionally admit or advance any pupil to the 8th grade level of any private or public elementary or secondary school if the pupil has not been fully immunized against HPV.

When SB 277 passed in 2015 and removed the personal belief exemption the new law stated - any immunizations deemed appropriate by the department may be mandated before a pupil’s first admission to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs.

This bill does not prohibit or require the health department from requiring HPV vaccines for students before 8th grade:

(2) Paragraph (1) shall not be construed as prohibiting the department from adopting, and subdivision (b) shall not be construed as requiring the department to adopt, regulations imposing an immunization schedule against HPV for admission or advancement of pupils to grades below the 8th grade level for purposes of this section.

Because HPV vaccines can be given to children as young as 9 years old, according to ACIP Recommendations, the department could add a mandate for students as young as 9 years old. If they did add HPV as a mandate for children younger than 8th grade a personal belief exemption would be allowed until they were entering 8th grade.

It is also very important for parents in California to understand that their child 12-years old or older can get vaccinated for HPV and other vaccines for STDS without their consent because of the passage of AB 499 in 2011. NVIC was strongly opposed to AB 499 in 2011. 

You might remember that last session in California, SB 866 would have allowed minors 15 and older to consent to any FDA approved & ACIP recommended vaccine.

Fortunately the Assembly defeated the bill, but what people need to realize is that because of the passage of AB 499 in 2011, minor consent is alive and well in California for vaccines for STD’s.  It is important to consider how damaging a mandate under this  current bill AB 659  would be under the backdrop of minor consent subjecting children to coercion and bullying behind their parents' backs with the threat of being kicked out of school.

See text of current law as amended with text in blue new additions and text in red removed - 

https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=202320240AB659&showamends=false

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB659 - text, status and history for AB 659