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.

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

• Tom Ammiano
• Bill Monning
• Nancy Skinner

Subjects

• Hypodermic needles and syringes: exchange services

Major Actions

Introduced	2/12/2010
Referred to Committee
Passed Assembly Committee on Health	4/06/2010
Passed Assembly Committee on Appropriations	5/05/2010
Passed Assembly	5/13/2010
Passed Senate Committee on Health	6/23/2010
Failed passage in Senate Committee on Health	6/23/2010
Passed Senate Committee on Health	6/30/2010
Passed Senate Committee on Appropriations	8/02/2010
Passed Senate Committee on Appropriations	8/12/2010
Passed Senate	8/23/2010
Passed Senate	8/23/2010
Passed Senate	8/24/2010
Passed Assembly	8/26/2010
Presented to the governor (enrolled)	9/08/2010
Vetoed by Governor	9/30/2010
Vetoed by Governor	9/30/2010

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Health	Do pass as amended and be re-referred to the Committee on Appropriations.	4/06/2010	This motion PASSED the Assembly Committee on Health 11 voted YES 5 voted NO 3 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	5/05/2010	This motion PASSED the Assembly Committee on Appropriations 12 voted YES 5 voted NO 0 voted present/not voting
select this vote	Assembly	AB 1858 BLUMENFIELD Assembly Third Reading	5/13/2010	This bill PASSED the Assembly 44 voted YES 29 voted NO 6 voted present/not voting
select this vote	Senate Committee on Health	Set, second hearing. Failed passage in Committee. Reconsideration granted.	6/23/2010	This motion PASSED the Senate Committee on Health 6 voted YES 0 voted NO 3 voted present/not voting
select this vote	Senate Committee on Health	Do pass as amended, and re-refer to the Committee on Appropriations.	6/23/2010	This motion DID NOT PASS the Senate Committee on Health 4 voted YES 1 voted NO 4 voted present/not voting
select this vote	Senate Committee on Health	Do pass as amended, and re-refer to the Committee on Appropriations.	6/30/2010	This motion PASSED the Senate Committee on Health 5 voted YES 3 voted NO 1 voted present/not voting
select this vote	Senate Committee on Appropriations	Placed on Appropriations Suspense file.	8/02/2010	This motion PASSED the Senate Committee on Appropriations 10 voted YES 0 voted NO 1 voted present/not voting
select this vote	Senate Committee on Appropriations	Do pass as amended.	8/12/2010	This motion PASSED the Senate Committee on Appropriations 7 voted YES 4 voted NO 0 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB1858 Blumenfield By Yee	8/23/2010	This bill PASSED the Senate 21 voted YES 13 voted NO 5 voted present/not voting
currently selected	Senate	Assembly 3rd Reading AB1858 Blumenfield Reconsider	8/23/2010	This bill PASSED the Senate 36 voted YES 0 voted NO 3 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB1858 Blumenfield By Yee	8/24/2010	This bill PASSED the Senate 21 voted YES 15 voted NO 3 voted present/not voting
select this vote	Assembly	AB 1858 BLUMENFIELD Concurrence in Senate Amendments	8/26/2010	This bill PASSED the Assembly 47 voted YES 28 voted NO 3 voted present/not voting

	Action	Date	Description
	Introduced	2/12/2010
		2/12/2010	Read first time. To print.
		2/16/2010	From printer. May be heard in committee March 18.
		2/25/2010	Referred to Com. on HEALTH.
		3/24/2010	From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
		3/25/2010	Re-referred to Com. on HEALTH.
select this vote	Vote	4/06/2010	Do pass as amended and be re-referred to the Committee on Appropriations.
		4/12/2010	From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 11. Noes 5.) (April 6).
		4/13/2010	Read second time and amended.
		4/14/2010	Re-referred to Com. on APPR.
select this vote	Vote	5/05/2010	Do pass.
		5/06/2010	From committee: Do pass. (Ayes 12. Noes 5.) (May 5).
		5/10/2010	Read second time. To third reading.
		5/13/2010	Read third time, passed, and to Senate. (Ayes 44. Noes 29. Page 5141.)
		5/13/2010	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	5/13/2010	AB 1858 BLUMENFIELD Assembly Third Reading
		5/27/2010	Referred to Com. on HEALTH.
		6/02/2010	In committee: Set, first hearing. Hearing canceled at the request of author.
		6/10/2010	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
		6/16/2010	In committee: Hearing postponed by committee.
select this vote	Vote	6/23/2010	Set, second hearing. Failed passage in Committee. Reconsideration granted.
select this vote	Vote	6/23/2010	Do pass as amended, and re-refer to the Committee on Appropriations.
		6/23/2010	In committee: Set second hearing. Failed passage. Reconsideration granted.
select this vote	Vote	6/30/2010	Do pass as amended, and re-refer to the Committee on Appropriations.
		7/15/2010	From 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.
		8/02/2010	In committee: Set, first hearing. Referred to APPR suspense file.
select this vote	Vote	8/02/2010	Placed on Appropriations Suspense file.
select this vote	Vote	8/12/2010	Do pass as amended.
		8/17/2010	From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).
		8/18/2010	Read second time and amended. Ordered to third reading.
		8/23/2010	Read 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 vote	Senate Vote on Passage	8/23/2010	Assembly 3rd Reading AB1858 Blumenfield By Yee
currently selected	Senate Vote on Passage	8/23/2010	Assembly 3rd Reading AB1858 Blumenfield Reconsider
		8/24/2010	Read third time, passed, and to Assembly. (Ayes 21. Noes 15. Page 4849.)
		8/24/2010	In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
select this vote	Senate Vote on Passage	8/24/2010	Assembly 3rd Reading AB1858 Blumenfield By Yee
		8/25/2010	Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)
		8/26/2010	Senate amendments concurred in. To enrollment. (Ayes 47. Noes 28. Page 6746.)
select this vote	Assembly Vote on Passage	8/26/2010	AB 1858 BLUMENFIELD Concurrence in Senate Amendments
		9/08/2010	Enrolled and to the Governor at 4 p.m.
	Vetoed	9/30/2010	Vetoed by Governor.