BILL NUMBER: AB 110 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN SENATE SEPTEMBER 7, 2007
AMENDED IN SENATE SEPTEMBER 6, 2007
INTRODUCED BY Assembly Member Laird
(Coauthors: Assembly Members Berg, De Leon, Evans, Hancock,
Hayashi, Hernandez, Jones, Leno, Ma, and Salas)
(Coauthors: Senators Kehoe and Kuehl)
JANUARY 5, 2007
An act to amend Section 121349.3 of, and to add Chapter 1.5
(commencing with Section 120780) to Part 4 of Division 105 of, the
Health and Safety Code, relating to the use of state HIV prevention
and education funds for distribution of needles and syringes.
LEGISLATIVE COUNSEL'S DIGEST
AB 110, Laird. Drug paraphernalia: clean needle and syringe
exchange projects.
(1) Existing law, with certain exceptions, makes it a misdemeanor
for a person to deliver, furnish, transfer, possess with intent to
deliver, furnish, or transfer, or manufacture with the intent to
deliver, furnish, or transfer, drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used
to plant, propagate, cultivate, grow, harvest, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance. Existing law provides an
exception to this general rule by authorizing a public entity, its
agents, or employees to distribute hypodermic needles or syringes to
participants in clean needle and syringe exchange projects authorized
by the public entity pursuant to a declaration of a local emergency
due to the existence of a critical local public health crisis.
Existing law establishes the Office of AIDS in the State
Department of Public Health. That office, among other functions,
provides funding for AIDS prevention and education.
This bill would authorize a public entity, as defined, that
receives General Fund money from the department for HIV prevention
and education to use that money to support clean needle and syringe
exchange projects authorized by the public entity. The bill would
authorize the money to be used for the purchase of sterile hypodermic
needles and syringes, subject to specified conditions.
(2) Existing law requires the health officer of the participating
jurisdiction to annually present a report on the status of clean
needle and syringe exchange programs, including relevant statistics
on blood-borne infections.
This bill would require the report to also include the use of
public funds for these purposes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The continuing spread of the acquired immunodeficiency
syndrome (AIDS) epidemic and the spread of blood-borne hepatitis pose
two of the gravest public health threats in California.
(b) Injection drug users are the second largest group at risk of
becoming infected with the human immunodeficiency virus (HIV) and
developing AIDS, and they have been the primary source of
heterosexual, female, and perinatal transmission in California, the
United States, and Europe.
(c) According to the Office of AIDS within the State Department of
Public Health, injection drug use continues to be one of the most
prevalent risk factors for new HIV and AIDS cases in California.
Injection drug users continue to be at high risk of HIV/AIDS and
hepatitis infection in California. According to an annual report
issued by the Office of AIDS, sharing of contaminated syringes and
other injection equipment is linked to 20 percent of all reported
AIDS cases in the state through 2003. State data suggests that over
1,500 new syringe-sharing HIV infections occur annually. According to
recent studies, researchers estimate that an American infected with
HIV can expect to live about 24 years, on average, and that the cost
of his or her health care during this time period is more than
$600,000.
(d) Injection drug users are also highly likely to become infected
with hepatitis as a result of hypodermic needle and syringe sharing
practices.
(e) The Legislature has responded to the spread of HIV and
hepatitis among injection drug users by adopting Assembly Bill 136
(Ch. 762, Stats. 1999), that permits localities to determine whether
or not to operate clean needle and syringe exchange programs. As a
result of that legislation, many localities are now operating these
programs.
(f) These programs have been shown to significantly reduce the
transmission of HIV and hepatitis among injection drug users, their
sexual partners, and children. Moreover, these programs have been
effective in moving individuals into substance abuse treatment
programs and in reducing the number of used hypodermic needles and
syringes disposed of in public places, which pose a threat to public
health and safety.
(g) The United States government prohibits the use of federal
funds to support the purchase of sterile hypodermic needles and
syringes by clean needle and syringe exchange programs. Moreover, the
state has not heretofore permitted the use of its funds for the
purchase of sterile hypodermic needles and syringes, although current
state policy allows state HIV prevention and education funds to be
used for costs associated with authorized clean needle and syringe
exchange programs, except for the purchase of sterile hypodermic
needles and syringes.
(h) The ability of clean needle and syringe exchange programs to
purchase an adequate supply of sterile hypodermic needles and
syringes is essential to California's ability to further reduce the
transmission of HIV and hepatitis and to relieve the public cost for
the care and treatment of HIV disease and hepatitis.
SEC. 2. Chapter 1.5 (commencing with Section 120780) is added to
Part 4 of Division 105 of the Health and Safety Code, to read:
CHAPTER 1.5. STATE HIV PREVENTION AND EDUCATION FUNDS
120780. For purposes of this chapter, "public entity" includes
the state, a county, city, district, public authority, public agency,
and any other political subdivision or public corporation in the
state.
120780.1. A public entity that receives General Fund money from
the State Department of Public Health for HIV prevention and
education may use that money to support clean needle and syringe
exchange programs authorized pursuant to existing law. The money may
be used for, but is not limited to, the purchase of sterile
hypodermic needles and syringes as part of a clean needle and syringe
exchange program only if all of the following conditions are met:
(a) The General Fund money used for purchasing the sterile
hypodermic needles and syringes does not supplant any other public or
private funds or other resources for this purpose.
(b) The amount of the General Fund money used for purchasing the
sterile hypodermic needles and syringes does not exceed 7.5 percent
of the total amount of the General Fund money received by the public
entity for HIV prevention and education.
(c) Each dollar of General Fund money used for purchasing the
sterile hypodermic needles and syringes is matched by forty-three
cents ($0.43) of moneys from nonstate public funds or private funds.
(d) The allocation of General Fund money for the purchase of
sterile hypodermic needles and syringes is based upon epidemiological
data as reported by the health jurisdiction in its local HIV
prevention plan submitted to the Office of AIDS within the
department.
SEC. 3. Section 121349.3 of the Health and Safety Code is amended
to read:
121349.3. The health officer of the participating jurisdiction
shall present annually at an open meeting of the board of supervisors
or city council a report detailing the status of clean needle and
syringe exchange programs including, but not limited to, relevant
statistics on blood-borne infections associated with needle sharing
activity and the use of public funds for these programs. Law
enforcement, administrators of alcohol and drug treatment programs,
other stakeholders, and the public shall be afforded ample
opportunity to comment at this annual meeting. The notice to the
public shall be sufficient to assure adequate participation in the
meeting by the public. This meeting shall be noticed in accordance
with all state and local open meeting laws and ordinances, and as
local officials deem appropriate.