California 2009-2010 Regular Session Status: To Executive

SB 1029 — Hypodermic needles and syringes.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. This bill would delete the prohibition against any person possessing or having under his or her control any hypodermic needle or syringe, except in accordance with the aforementioned regulatory provisions. Existing law, until December 31, 2010, authorizes a county or city to authorize a licensed pharmacist to sell or furnish 10 or fewer hypodermic needles or syringes to a person 18 years of age or older for human use without a prescription if the pharmacist works for a pharmacy that is registered with a local health department in the Disease Prevention Demonstration Project, established by law to evaluate the long-term desirability of allowing licensed pharmacies to sell or furnish nonprescription hypodermic needles or syringes to prevent the spread of bloodborne pathogens, including HIV and hepatitis C. This bill would, instead, for the period beginning January 1, 2011, and ending December 31, 2018, permit a physician or pharmacist, without a prescription or a permit, to furnish 30 or fewer hypodermic needles and syringes for human use to a person 18 years of age or older and would permit a person 18 years of age or older, without a prescription or license, to obtain 30 or fewer hypodermic needles and syringes solely for personal use from a physician or pharmacist. This bill would make conforming changes, including the elimination of the Disease Prevention Demonstration Project. Under existing law, it is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking specified controlled substances. Existing law, until December 31, 2010, provides that the above-described provisions, pursuant to authorization from a city or county, shall not apply to the possession solely for personal use of 10 or fewer hypodermic needles or syringes. This bill would, instead, provide that the above-described provisions making it unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia for unlawfully injecting or smoking certain controlled substances shall not apply for the period beginning January 1, 2011, and ending December 31, 2018, to possession solely for personal use of 30 or fewer hypodermic needles or syringes if acquired from a physician, pharmacist, hypodermic needle and syringe exchange program, or any other source that is authorized by law to provide sterile syringes or hypodermic needles without a prescription. This bill would require the state Office of AIDS to develop and maintain information on its Internet Web site to educate consumers at risk of bloodborne infections of opportunities to improve and protect the consumer's health, and to protect the public health and would also require the California State Board of Pharmacy to post, or post a link to, this information on its Internet Web site. The Pharmacy Law requires a pharmacist to keep detailed records of nonprescription sales of hypodermic needles and syringes. Existing law makes it a crime to knowingly violate any provision relating to the Pharmacy Law. This bill would amend the Pharmacy Law to require pharmacies that furnish nonprescription hypodermic needles and syringes to store the hypodermic needles and syringes in a manner that ensures that they are not accessible to unauthorized persons, and would require pharmacies to provide consumers with prescribed options for consumer disposal of hypodermic needles and syringes. This bill would also require the pharmacies to provide written information or verbal counseling at the time of furnishing or sale of nonprescription hypodermic needles or syringes, as specified. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 3:30 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 21. Noes 16. Page 5087.) To enrollment.

  6. In Senate.

  7. Read third time. Passed. (Ayes 48. Noes 23. Page 6744.) To Senate.

  8. Read second time. To third reading.

  9. (Heard in committee on August 4.)

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

  11. (Heard in committee on June 29.)

  12. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 2.) Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B.,P. & C.P.

  14. (Heard in committee on June 22.)

  15. From committee: Do pass, but first be re-referred to Com. on B.,P. & C.P. (Ayes 12. Noes 6.) Re-referred to Com. on B.,P. & C.P.

  16. To Coms. on HEALTH and B.,P. & C.P.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 21. Noes 8. Page 3655.) To Assembly.

  19. (Ayes 30. Noes 0. Page 3654.)

  20. Reconsideration granted.

  21. Motion to reconsider made by Senator Yee.

  22. Read third time. Passed. (Ayes 21. Noes 6. Page 3652.) To Assembly.

  23. Read second time. To third reading.

  24. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  25. Set for hearing May 10.

  26. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 5. Noes 1. Page 3294.) Re-referred to Com. on APPR.

  27. (For vote only.)

  28. Set for hearing April 22.

  29. Set, second hearing. Testimony taken. Further hearing to be set.

  30. Set for hearing April 19.

  31. Set, first hearing. Hearing canceled at the request of author.

  32. Read second time. Amended. Re-referred to Com. on B., P. & E.D.

  33. From committee: Do pass as amended, but first amend, and re-refer to Com. on B., P. & E.D. (Ayes 6. Noes 3. Page 3038.)

  34. Set for hearing April 12 in B., P. & E.D. pending receipt.

  35. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on HEALTH.

  36. Set for hearing March 24.

  37. Set, first hearing. Hearing canceled at the request of author.

  38. Set for hearing April 14.

  39. To Coms. on HEALTH and B., P. & E.D.

  40. From print. May be acted upon on or after March 15.

  41. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Leno · Cosponsor
  • Monning · Cosponsor
  • Swanson · Cosponsor
  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Yee

Co-sponsors (3)

  • Leno
  • Monning
  • Swanson

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

W/O REF. TO FILE SB1029 Yee Concurrence

Passed 22 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 201502
Republican 0100
Democratic 2000
Total 221602
% of votes cast 55%40%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Nay
Cogdill — Nay
Correa — Nay
Harman — Nay
Hollingsworth — Nay
Denham — Nay
Dutton — Nay
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Nay
Wright — Yea
Cedillo — Yea
Ducheny — Yea
Lowenthal — Yea
Negrete — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Blakeslee — Nay
Huff — Nay
Liu — Yea
Price — Yea
Simitian — Yea
Wiggins — Not Voting
Wyland — Nay
Corbett — Yea
Emmerson — Nay
DeSaulnier — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 1029 Yee Senate Third Reading By CHESBRO

Passed 55 Yea · 26 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 522408
Democratic 2001
Republican 1200
Total 552609
% of votes cast 61%29%0%10%
How each member voted (90)
Member Party Vote
Charles — Yea
Evans — Yea
Feuer — Yea
Fuller — Not Voting
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Chesbro — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Furutani — Yea
Garrick — Nay
Gilmore — Not Voting
Fletcher — Nay
Audra — Nay
Buchanan — Yea
Cook — Nay
Hagman — Not Voting
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Nava — Yea
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Villines — Nay
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Torres — Not Voting
Tran — Not Voting
Ammiano — Yea
Bass — Yea
Beall — Yea
Adams — Nay
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Harkey — Nay
Hill — Yea
Jeffries — Nay
Logue — Nay
Ma — Yea
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torrico — Yea
Carter — Yea
Coto — Yea
Eng — Yea
Davis — Yea
DeVore — Nay
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
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
Charles — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Hall — Yea
Conway — Nay
Harkey — Nay
Miller — Nay
Norby — Nay
Torrico — Yea
Bradford — Yea
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Business, Professions and Consumer Protection.

Passed 18 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17601
Republican 1100
Total 18701
% of votes cast 69%27%0%4%
How each member voted (26)
Member Party Vote
Carter — Yea
Eng — Yea
Gilmore — Nay
Conway — Nay
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Fletcher — Nay
Audra — Nay
Monning — Yea
Nava — Not Voting
Smyth — Nay
Ammiano — Yea
Hernandez — Yea
Beth Gaines — Nay
Jones, Brian W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB1029 Yee

Passed 22 Yea · 8 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 20709
Democratic 2000
Republican 0100
Total 22809
% of votes cast 56%21%0%23%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cogdill — Not Voting
Runner — Nay
Hancock — Yea
Harman — Not Voting
Hollingsworth — Nay
Huff — Nay
Leno — Yea
Liu — Yea
Ducheny — Not Voting
Dutton — Nay
Ashburn — Nay
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Kehoe — Yea
McLeod — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Corbett — Yea
Correa — Nay
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB1029 Yee Reconsider

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 28008
Democratic 2000
Republican 1000
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Yee — Yea
Ducheny — Yea
Ashburn — Yea
Dutton — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Not Voting
Hancock — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Cedillo — Yea
Corbett — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 6 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5103
Democratic 1000
Total 6103
% of votes cast 60%10%0%30%
How each member voted (10)
Member Party Vote
Yee — Yea
Wyland — Nay
Negrete — Yea
McLeod — Yea
Oropeza — Yea
Walters — Not Voting
Aanestad — Not Voting
Correa — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

healthcare
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Frequently asked questions

What does SB 1029 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. This bill would delete the prohibition against any person possessing or having under his or her control any hypodermic needle or syringe, except in accordance with the aforementioned regulatory provisions. Existing law, until December 31, 2010, authorizes a county or city to authorize a licensed pharmacist to sell or furnish 10 or fewer hypodermic needles or syringes to a person 18 years of age or older for human use without a prescription if the pharmacist works for a pharmacy that is registered with a local health department in the Disease Prevention Demonstration Project, established by law to evaluate the long-term desirability of allowing licensed pharmacies to sell or furnish nonprescription hypodermic needles or syringes to prevent the spread of bloodborne pathogens, including HIV and hepatitis C. This bill would, instead, for the period beginning January 1, 2011, and ending December 31, 2018, permit a physician or pharmacist, without a prescription or a permit, to furnish 30 or fewer hypodermic needles and syringes for human use to a person 18 years of age or older and would permit a person 18 years of age or older, without a prescription or license, to obtain 30 or fewer hypodermic needles and syringes solely for personal use from a physician or pharmacist. This bill would make conforming changes, including the elimination of the Disease Prevention Demonstration Project. Under existing law, it is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking specified controlled substances. Existing law, until December 31, 2010, provides that the above-described provisions, pursuant to authorization from a city or county, shall not apply to the possession solely for personal use of 10 or fewer hypodermic needles or syringes. This bill would, instead, provide that the above-described provisions making it unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia for unlawfully injecting or smoking certain controlled substances shall not apply for the period beginning January 1, 2011, and ending December 31, 2018, to possession solely for personal use of 30 or fewer hypodermic needles or syringes if acquired from a physician, pharmacist, hypodermic needle and syringe exchange program, or any other source that is authorized by law to provide sterile syringes or hypodermic needles without a prescription. This bill would require the state Office of AIDS to develop and maintain information on its Internet Web site to educate consumers at risk of bloodborne infections of opportunities to improve and protect the consumer's health, and to protect the public health and would also require the California State Board of Pharmacy to post, or post a link to, this information on its Internet Web site. The Pharmacy Law requires a pharmacist to keep detailed records of nonprescription sales of hypodermic needles and syringes. Existing law makes it a crime to knowingly violate any provision relating to the Pharmacy Law. This bill would amend the Pharmacy Law to require pharmacies that furnish nonprescription hypodermic needles and syringes to store the hypodermic needles and syringes in a manner that ensures that they are not accessible to unauthorized persons, and would require pharmacies to provide consumers with prescribed options for consumer disposal of hypodermic needles and syringes. This bill would also require the pharmacies to provide written information or verbal counseling at the time of furnishing or sale of nonprescription hypodermic needles or syringes, as specified. By changing the definition of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 1029?
SB 1029 is sponsored by Leno, Monning, Swanson, and Yee.
What is the current status of SB 1029?
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 SB 1029?
Track SB 1029 free on One Click Politics — get push/email alerts when it moves.

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