California 2009-2010 Regular Session Status: To Executive

AB 1858 — Hypodermic needles and syringes: exchange services.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 4 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 47. Noes 28. Page 6746.)

  4. Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 21. Noes 15. Page 4849.)

  7. Reconsideration granted. (Ayes 36. Noes 0. Page 4782.)

  8. Motion to reconsider made by Senator Wolk.

  9. Read third time, passed, and to Assembly. (Ayes 21. Noes 13. Page 4781.)

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Amend, and do pass as amended. (Ayes 7. Noes 4.) (August 12).

  12. In committee: Set, first hearing. Referred to APPR suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (June 30).

  15. In committee: Set second hearing. Failed passage. Reconsideration granted.

  16. In committee: Hearing postponed by committee.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Referred to Com. on HEALTH.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time, passed, and to Senate. (Ayes 44. Noes 29. Page 5141.)

  22. Read second time. To third reading.

  23. From committee: Do pass. (Ayes 12. Noes 5.) (May 5).

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

  26. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 11. Noes 5.) (April 6).

  27. Re-referred to Com. on HEALTH.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  29. Referred to Com. on HEALTH.

  30. From printer. May be heard in committee March 18.

  31. Read first time. To print.

Sponsors

  • Ammiano · Cosponsor
  • Blumenfield · Primary
  • Monning · Cosponsor
  • Skinner · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 4 voted No

Sponsors (1)

  • Blumenfield

Co-sponsors (3)

  • Ammiano
  • Monning
  • Skinner

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1858 BLUMENFIELD Concurrence in Senate Amendments

Passed 54 Yea · 31 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 502905
Democratic 3000
Republican 1200
Total 543105
% of votes cast 60%34%0%6%
How each member voted (90)
Member Party Vote
Hall — Yea
Ammiano — Yea
Beall — Yea
Charles — Yea
Feuer — Yea
Fuentes — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Chesbro — Yea
Bill — Nay
Tom — Nay
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Fletcher — Nay
Audra — Nay
V. — Not Voting
Manuel — Not Voting
Cook — Nay
Coto — Yea
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torrico — Yea
Tran — Nay
Perez — Not Voting
Salas — Not Voting
Adams — Nay
Anderson — Nay
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Torres — Not Voting
Villines — Nay
Conway — Nay
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Furutani — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1858 Blumenfield By Yee

Passed 22 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 201403
Democratic 2000
Republican 0100
Total 221503
% of votes cast 55%38%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Huff — Nay
Cedillo — Yea
Florez — Yea
Cogdill — Nay
Hollingsworth — Nay
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ashburn — Nay
Dutton — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wright — Yea
Runner — Nay
Wyland — Nay
Harman — Not Voting
Walters — Nay
Wiggins — Not Voting
Wolk — Nay
Aanestad — Nay
Alquist — Yea
Blakeslee — Nay
Kehoe — Yea
Oropeza — Not Voting
Price — Yea
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB1858 Blumenfield Reconsider

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 2000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Ducheny — Yea
Dutton — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Blakeslee — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Wyland — Yea
Harman — Not Voting
Oropeza — Not Voting
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Steinberg — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1858 Blumenfield By Yee

Passed 22 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 201205
Democratic 2000
Republican 0100
Total 221305
% of votes cast 55%33%0%13%
How each member voted (40)
Member Party Vote
Cedillo — Yea
Yee — Yea
Hancock — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Wright — Yea
Runner — Nay
Cogdill — Nay
Harman — Not Voting
Hollingsworth — Not Voting
Huff — Nay
Wiggins — Not Voting
Dutton — Nay
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Kehoe — Yea
Oropeza — Not Voting
Price — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wyland — Nay
Corbett — Not Voting
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7400
Total 7400
% of votes cast 64%36%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Kehoe — Yea
Leno — Yea
Wolk — Yea
Alquist — Yea
Ashburn — Nay
Price — Yea
Walters — Nay
Corbett — Yea
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Alquist — Yea
Ashburn — Yea
Walters — Not Voting
Wolk — Yea
Corbett — Yea
Emmerson — Yea

Official roll call →

AB 1858 BLUMENFIELD Assembly Third Reading

Passed 53 Yea · 32 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 503005
Democratic 2001
Republican 1200
Total 533206
% of votes cast 58%35%0%7%
How each member voted (91)
Member Party Vote
Hall — Yea
Salas — Not Voting
Hagman — Not Voting
Nava — Not Voting
Charles — Yea
Bass — Yea
Eng — Yea
Evans — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Carter — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuentes — Yea
Fuller — Nay
Galgiani — Yea
Garrick — Nay
Fletcher — Nay
Audra — Nay
Blakeslee — Nay
Cook — Nay
Gilmore — Nay
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Nay
Skinner — Not Voting
Smyth — Nay
Swanson — Yea
Torrico — Yea
Chesbro — Yea
Emmerson — Nay
Coto — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Furutani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Democratic 1000
Total 14500
% of votes cast 74%26%0%0%
How each member voted (19)
Member Party Vote
Fuentes — Yea
Hall — Yea
Harkey — Nay
Charles — Yea
De — Yea
Leon — Yea
Miller — Nay
Ammiano — Yea
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Norby — Nay
Conway — Nay
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 15 Yea · 6 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 14503
Republican 1100
Total 15603
% of votes cast 63%25%0%13%
How each member voted (24)
Member Party Vote
Eng — Yea
Carter — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Fletcher — Nay
Audra — Nay
Salas — Not Voting
Hayashi — Yea
Hernandez — Yea
Monning — Yea
Nava — Not Voting
Ammiano — Yea
Bradford — Yea
Smyth — Nay
Conway — Not Voting
Emmerson — Nay
Beth Gaines — Nay
Jones, Brian W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 1858 do?
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.
Who sponsors AB 1858?
AB 1858 is sponsored by Ammiano, Blumenfield, Monning, and Skinner.
What is the current status of AB 1858?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1858?
Track AB 1858 free on One Click Politics — get push/email alerts when it moves.

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