AB 1858 - An Act to Amend, Repeal, and Add Sections 121349, 121349.1, 121349.2, and 121349.3 Of, and to Add and Repeal Section 121349.4 To, the Health and Safety Code, Relating to Public Health.

Hypodermic needles and syringes: exchange services. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes, and requires, with certain exceptions, a prescription to purchase a hypodermic needle or syringe for human use. Existing law prohibits any person from possessing or having under his or her control any hypodermic needle or syringe, except in accordance with those regulatory provisions.

Existing… More
Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes, and requires, with certain exceptions, a prescription to purchase a hypodermic needle or syringe for human use. Existing law prohibits any person from possessing or having under his or her control any hypodermic needle or syringe, except in accordance with those regulatory provisions.

Existing law authorizes a clean needle and syringe exchange project in any city and county, county, or city, as specified.

This bill would, until January 1, 2016, permit the State Department of Public Health to authorize certain entities, that meet prescribed conditions, to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infection spread through the sharing of used hypodermic needles and syringes. The bill, until January 1, 2016, would require the entities to submit an application to the department, would require a 45-day public comment period, would specify that participants shall not be subject to criminal prosecution for possession of needles and syringes acquired under the program, and would make conforming changes.

The bill would also, until January 1, 2016, require the department to establish and maintain on its Internet Web site the address and contact information of programs providing hypodermic needle and syringe exchange services. The bill would, until January 1, 2016, change related hearing requirements from annually to biennially. The bill would, until January 1, 2016, require the department to report to certain committees of the Legislature, as prescribed. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Senate Vote: On Passage

PASSED on August 23, 2010.

voted YES: 36 voted NO: 0
3 voted present/not voting

An Act to Amend, Repeal, and Add Sections 121349, 121349.1, 121349.2, and 121349.3 Of, and to Add and Repeal Section 121349.4 To, the Health and Safety Code, Relating to Public Health.

AB 1858 — 2009-2010 Legislature

Summary
Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes, and requires, with certain exceptions, a prescription to purchase a hypodermic needle or syringe for human use. Existing law prohibits any person from possessing or having under his or her control any hypodermic needle or syringe, except in accordance with those regulatory provisions.

Existing law authorizes a clean needle and syringe exchange project in any city and county, county, or city, as specified.

This bill would, until January 1, 2016, permit the State Department of Public Health to authorize certain entities, that meet prescribed conditions, to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infection spread through the sharing of used hypodermic needles and syringes. The bill, until January 1, 2016, would require the entities to submit an application to the department, would require a 45-day public comment period, would specify that participants shall not be subject to criminal… More
Existing law regulates the sale, possession, and disposal of hypodermic needles and syringes, and requires, with certain exceptions, a prescription to purchase a hypodermic needle or syringe for human use. Existing law prohibits any person from possessing or having under his or her control any hypodermic needle or syringe, except in accordance with those regulatory provisions.

Existing law authorizes a clean needle and syringe exchange project in any city and county, county, or city, as specified.

This bill would, until January 1, 2016, permit the State Department of Public Health to authorize certain entities, that meet prescribed conditions, to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infection spread through the sharing of used hypodermic needles and syringes. The bill, until January 1, 2016, would require the entities to submit an application to the department, would require a 45-day public comment period, would specify that participants shall not be subject to criminal prosecution for possession of needles and syringes acquired under the program, and would make conforming changes.

The bill would also, until January 1, 2016, require the department to establish and maintain on its Internet Web site the address and contact information of programs providing hypodermic needle and syringe exchange services. The bill would, until January 1, 2016, change related hearing requirements from annually to biennially. The bill would, until January 1, 2016, require the department to report to certain committees of the Legislature, as prescribed. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend, Repeal, and Add Sections 121349, 121349.1, 121349.2, and 121349.3 Of, and to Add and Repeal Section 121349.4 To, the Health and Safety Code, Relating to Public Health.
Author(s)
Bob Blumenfield
Co-Authors
Subjects
  • Hypodermic needles and syringes: exchange services
Major Actions
Introduced2/12/2010
Referred to Committee
Passed Assembly Committee on Health4/06/2010
Passed Assembly Committee on Appropriations5/05/2010
Passed Assembly5/13/2010
Passed Senate Committee on Health6/23/2010
Failed passage in Senate Committee on Health6/23/2010
Passed Senate Committee on Health6/30/2010
Passed Senate Committee on Appropriations8/02/2010
Passed Senate Committee on Appropriations8/12/2010
Passed Senate8/23/2010
Passed Senate8/23/2010
Passed Senate8/24/2010
Passed Assembly8/26/2010
Presented to the governor (enrolled)9/08/2010
Vetoed by Governor9/30/2010
Vetoed by Governor9/30/2010
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on HealthDo pass as amended and be re-referred to the Committee on Appropriations.4/06/2010This motion PASSED the Assembly Committee on Health
11 voted YES 5 voted NO 3 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.5/05/2010This motion PASSED the Assembly Committee on Appropriations
12 voted YES 5 voted NO 0 voted present/not voting
select this voteAssemblyAB 1858 BLUMENFIELD Assembly Third Reading5/13/2010This bill PASSED the Assembly
44 voted YES 29 voted NO 6 voted present/not voting
select this voteSenate Committee on HealthSet, second hearing. Failed passage in Committee. Reconsideration granted.6/23/2010This motion PASSED the Senate Committee on Health
6 voted YES 0 voted NO 3 voted present/not voting
select this voteSenate Committee on HealthDo pass as amended, and re-refer to the Committee on Appropriations.6/23/2010This motion DID NOT PASS the Senate Committee on Health
4 voted YES 1 voted NO 4 voted present/not voting
select this voteSenate Committee on HealthDo pass as amended, and re-refer to the Committee on Appropriations.6/30/2010This motion PASSED the Senate Committee on Health
5 voted YES 3 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsPlaced on Appropriations Suspense file.8/02/2010This motion PASSED the Senate Committee on Appropriations
10 voted YES 0 voted NO 1 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass as amended.8/12/2010This motion PASSED the Senate Committee on Appropriations
7 voted YES 4 voted NO 0 voted present/not voting
select this voteSenateAssembly 3rd Reading AB1858 Blumenfield By Yee8/23/2010This bill PASSED the Senate
21 voted YES 13 voted NO 5 voted present/not voting
currently selectedSenateAssembly 3rd Reading AB1858 Blumenfield Reconsider8/23/2010This bill PASSED the Senate
36 voted YES 0 voted NO 3 voted present/not voting
select this voteSenateAssembly 3rd Reading AB1858 Blumenfield By Yee8/24/2010This bill PASSED the Senate
21 voted YES 15 voted NO 3 voted present/not voting
select this voteAssemblyAB 1858 BLUMENFIELD Concurrence in Senate Amendments8/26/2010This bill PASSED the Assembly
47 voted YES 28 voted NO 3 voted present/not voting
ActionDateDescription
Introduced2/12/2010
2/12/2010Read first time. To print.
2/16/2010From printer. May be heard in committee March 18.
2/25/2010Referred to Com. on HEALTH.
3/24/2010From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
3/25/2010Re-referred to Com. on HEALTH.
select this voteVote4/06/2010Do pass as amended and be re-referred to the Committee on Appropriations.
4/12/2010From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 11. Noes 5.) (April 6).
4/13/2010Read second time and amended.
4/14/2010Re-referred to Com. on APPR.
select this voteVote5/05/2010Do pass.
5/06/2010From committee: Do pass. (Ayes 12. Noes 5.) (May 5).
5/10/2010Read second time. To third reading.
5/13/2010Read third time, passed, and to Senate. (Ayes 44. Noes 29. Page 5141.)
5/13/2010In Senate. Read first time. To Com. on RLS. for assignment.
select this voteAssembly Vote on Passage5/13/2010AB 1858 BLUMENFIELD Assembly Third Reading
5/27/2010Referred to Com. on HEALTH.
6/02/2010In committee: Set, first hearing. Hearing canceled at the request of author.
6/10/2010From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
6/16/2010In committee: Hearing postponed by committee.
select this voteVote6/23/2010Set, second hearing. Failed passage in Committee. Reconsideration granted.
select this voteVote6/23/2010Do pass as amended, and re-refer to the Committee on Appropriations.
6/23/2010In committee: Set second hearing. Failed passage. Reconsideration granted.
select this voteVote6/30/2010Do pass as amended, and re-refer to the Committee on Appropriations.
7/15/2010From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (June 30). Read second time and amended. Re-referred to Com. on APPR.
select this voteVote8/02/2010Placed on Appropriations Suspense file.
8/02/2010In committee: Set, first hearing. Referred to APPR suspense file.
select this voteVote8/12/2010Do pass as amended.
8/17/2010From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).
8/18/2010Read second time and amended. Ordered to third reading.
8/23/2010Read third time, passed, and to Assembly. (Ayes 21. Noes 13. Page 4781.) Motion to reconsider made by Senator Wolk. Reconsideration granted. (Ayes 36. Noes 0. Page 4782.)
select this voteSenate Vote on Passage8/23/2010Assembly 3rd Reading AB1858 Blumenfield By Yee
currently selectedSenate Vote on Passage8/23/2010Assembly 3rd Reading AB1858 Blumenfield Reconsider
8/24/2010Read third time, passed, and to Assembly. (Ayes 21. Noes 15. Page 4849.)
8/24/2010In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
select this voteSenate Vote on Passage8/24/2010Assembly 3rd Reading AB1858 Blumenfield By Yee
8/25/2010Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)
8/26/2010Senate amendments concurred in. To enrollment. (Ayes 47. Noes 28. Page 6746.)
select this voteAssembly Vote on Passage8/26/2010AB 1858 BLUMENFIELD Concurrence in Senate Amendments
9/08/2010Enrolled and to the Governor at 4 p.m.
Vetoed9/30/2010Vetoed by Governor.

Total contributions given to Senators from interest groups that…

3 Organizations Supported and 1 Opposed; See Which Ones

Organizations that took a position on
An Act to Amend, Repeal, and Add Sections 121349, 121349.1, 121349.2, and 121349.3 Of, and to Add and Repeal Section 121349.4 To, the Health and Safety Code, Relating to Public Health.: Assembly 3rd Reading AB1858 Blumenfield Reconsider

3 organizations supported this bill

American Civil Liberties Union
Senate Rules Committee (2010, August 18). Bill Analysis AB 1858 8-18-2010. Retrieved September 14, 2010, from Leg Info.
California Association of Alcohol and Drug Program Executives
Senate Rules Committee (2010, August 18). Bill Analysis AB 1858 8-18-2010. Retrieved September 14, 2010, from Leg Info.
Drug Policy Alliance
Senate Rules Committee (2010, August 18). Bill Analysis AB 1858 8-18-2010. Retrieved September 14, 2010, from Leg Info.

1 organization opposed this bill

California Peace Officers' Association
Senate Rules Committee (2010, August 18). Bill Analysis AB 1858 8-18-2010. Retrieved September 14, 2010, from Leg Info.

Need proof?

View citations of support and opposition

Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2007 – December 31, 2010.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$1,500$1,500Yes
Elaine AlquistDCA-13$1,826$32,585Yes
Roy AshburnRCA-18$0$0Yes
Sam BlakesleeRCA-15$0$25,791Yes
Ron CalderonDCA-30$3,500$46,650Yes
Gilbert CedilloDCA-22$0$22,900Yes
Dave CogdillRCA-14$0$31,400Yes
Ellen CorbettDCA-10$0$47,899Yes
Lou CorreaDCA-34$3,000$68,440Yes
Mark DeSaulnierDCA-7$0$78,424Yes
Jeff DenhamRCA-12$1,000$13,000Yes
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$1,000$53,350Yes
Bill EmmersonRCA-37$2,250$66,900Yes
Dean FlorezDCA-16$0$6,000Yes
Loni HancockDCA-9$1,500$20,499Yes
Tom HarmanRCA-35$1,500$43,700Not Voting
Dennis HollingsworthRCA-36$0$5,000Yes
Bob HuffRCA-29$2,000$67,597Yes
Christine KehoeDCA-39$0$37,650Yes
Mark LenoDCA-3$6,553$57,300Yes
Carol LiuDCA-21$0$24,345Yes
Alan LowenthalDCA-27$0$26,599Yes
Gloria Negrete McLeodDCA-32$3,000$47,050Yes
Jenny OropezaDCA-28$0$35,073Not Voting
Alex PadillaDCA-20$0$56,400Yes
Fran PavleyDCA-23$0$38,900Yes
Curren PriceDCA-26$1,800$21,100Yes
Gloria RomeroDCA-24$0$5,300Yes
George RunnerRCA-17$1,000$32,400Yes
Joe SimitianDCA-11$0$24,150Yes
Darrell SteinbergDCA-6$3,200$54,500Yes
Tony StricklandRCA-19$5,600$21,600Yes
Mimi WaltersRCA-33$2,000$22,100Yes
Pat WigginsDCA-2$0$22,799Not Voting
Lois WolkDCA-5$1,428$37,714Yes
Rod WrightDCA-25$1,000$39,200Yes
Mark WylandRCA-38$1,000$29,400Yes
Leland YeeDCA-8$3,495$34,820Yes

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Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$1,500$1,500Yes
Elaine AlquistDCA-13$1,826$32,585Yes
Roy AshburnRCA-18$0$0Yes
Sam BlakesleeRCA-15$0$25,791Yes
Ron CalderonDCA-30$3,500$46,650Yes
Gilbert CedilloDCA-22$0$22,900Yes
Dave CogdillRCA-14$0$31,400Yes
Ellen CorbettDCA-10$0$47,899Yes
Lou CorreaDCA-34$3,000$68,440Yes
Mark DeSaulnierDCA-7$0$78,424Yes
Jeff DenhamRCA-12$1,000$13,000Yes
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$1,000$53,350Yes
Bill EmmersonRCA-37$2,250$66,900Yes
Dean FlorezDCA-16$0$6,000Yes
Loni HancockDCA-9$1,500$20,499Yes
Tom HarmanRCA-35$1,500$43,700Not Voting
Dennis HollingsworthRCA-36$0$5,000Yes
Bob HuffRCA-29$2,000$67,597Yes
Christine KehoeDCA-39$0$37,650Yes
Mark LenoDCA-3$6,553$57,300Yes
Carol LiuDCA-21$0$24,345Yes
Alan LowenthalDCA-27$0$26,599Yes
Gloria Negrete McLeodDCA-32$3,000$47,050Yes
Jenny OropezaDCA-28$0$35,073Not Voting
Alex PadillaDCA-20$0$56,400Yes
Fran PavleyDCA-23$0$38,900Yes
Curren PriceDCA-26$1,800$21,100Yes
Gloria RomeroDCA-24$0$5,300Yes
George RunnerRCA-17$1,000$32,400Yes
Joe SimitianDCA-11$0$24,150Yes
Darrell SteinbergDCA-6$3,200$54,500Yes
Tony StricklandRCA-19$5,600$21,600Yes
Mimi WaltersRCA-33$2,000$22,100Yes
Pat WigginsDCA-2$0$22,799Not Voting
Lois WolkDCA-5$1,428$37,714Yes
Rod WrightDCA-25$1,000$39,200Yes
Mark WylandRCA-38$1,000$29,400Yes
Leland YeeDCA-8$3,495$34,820Yes

Interest Groups that supported this bill

$ Donated
Health & welfare policy$44,699
Outpatient health services (including drug & alcohol)$2,500
Democratic-based groups (but not official party committees) and generic liberal/progressive ones$1,953

Interest Groups that opposed this bill

$ Donated
Police & fire fighters unions and associations$1,300,035
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