FLOOR SESSION AGENDA - Regular Session: 9:00 a.m.

SB 39, as it passed the Senate, exempted vaginal or vulvar products, if specified conditions are met, from the prohibitions beginning on January 1, 2027, on the manufacture, sale, delivery, holding, or offering for sale in commerce of cosmetic products that contain intentionally added boric acid. SB 39, as it passed the Senate, declared that it is to take effect immediately as an urgency statute.

The Assembly amendments instead delay the commencement of the prohibitions described above for vaginal suppository products until January 1, 2035. The Assembly amendments require, beginning on January 1, 2027, any vaginal suppository product containing boric acid to include a specified product label. The Assembly amendments also exempt a vaginal suppository product from the prohibition and labeling requirement described above if the product becomes regulated by the United States Food and Drug Administration.

Vote: 27. Substantial substantive change: yes.

SB 85, as it passed the Senate, authorized a court to direct a summons to be served in a manner that is reasonably calculated to give actual notice to the party to be served, including by electronic mail or other electronic technology, if no provision is made in statute for the service of summons, or if a plaintiff, using due diligence, has been unable to serve the summons using methods prescribed by statute. The bill excepted actions against public entities or agents or employees of public entities from these provisions.

The Assembly amendments require a motion for the court to exercise this authority and change the standard from due diligence to reasonable diligence if a plaintiff has been unable to serve the summons using methods prescribed by statute. The Assembly amendments require a plaintiff seeking to establish reasonable diligence to set forth facts that detail, as specified, the attempts to effect service pursuant to the methods prescribed by statute.

Vote: 21. Substantial substantive change: yes.