California 2011-2012 Regular Session Status: Enacted

SB 41 — Hypodermic needles and syringes.

Last action — Chaptered by Secretary of State. Chapter 738, Statutes of 2011.

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

This bill has been enacted into law. Introduced December 07, 2010. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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, beginning January 1, 2011, and ending December 31, 2018, 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. 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, beginning January 1, 2011, and ending December 31, 2018, 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, until January 1, 2015, make these provisions, including any local authorization, but not including the Disease Prevention Demonstration Project, inoperative, and would, in the interim, authorize 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 authorize 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, until January 1, 2015, 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 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 their 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 authorizes a pharmacist to provide hypodermic needles and syringes without a presceription in specified circumstances. Existing law makes it a crime to knowingly violate any provision relating to the Pharmacy Law. This bill would, until January 1, 2015, 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 or hypodermic needle and syringe exchange programs to provide consumers with prescribed options for consumer disposal of hypodermic needles and syringes. This bill would also, until January 1, 2015, require the pharmacies to provide prescribed written information or verbal counseling at the time of furnishing or sale of nonprescription hypodermic needles or syringes. 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. Chaptered by Secretary of State. Chapter 738, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 24. Noes 13. Page 2143.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 52. Noes 26. Page 2506.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 50. Noes 26. Page 2393.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 11. Noes 4.) (July 13).

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

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 6.) (June 21).

  13. Referred to Com. on HEALTH.

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

  15. Read third time. Passed. (Ayes 24. Noes 13. Page 1187.) Ordered to the Assembly.

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

  17. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  18. Set for hearing May 23.

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

  20. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 741.) (April 26).

  21. Set for hearing April 26.

  22. From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 5. Noes 3. Page 580.) (April 6). Re-referred to Com. on PUB. S.

  23. Set for hearing April 6.

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

  25. Set for hearing March 23.

  26. Referred to Coms. on HEALTH and PUB. S.

  27. Read first time.

  28. From printer. May be acted upon on or after January 7.

  29. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Ammiano · Cosponsor
  • Portantino · Cosponsor
  • Davis · Cosponsor
  • Ma · Cosponsor
  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 6 voted No

Sponsors (1)

  • Yee

Co-sponsors (4)

  • Ammiano
  • Portantino
  • Davis
  • Ma

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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

Unfinished Business SB41 Yee Concurrence

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 231202
Republican 0100
Democratic 1001
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Lowenthal — Yea
Cannella — Nay
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Nay
Runner — Not Voting
Dutton — Nay
Hancock — Yea
Blakeslee — Nay
Hernandez — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Anderson — Yea
Harman — Not Voting
Huff — Nay
Kehoe — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Walters — Nay
Wyland — Nay
Corbett — Yea
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Yea
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 41 Yee Senate Third Reading By ENG

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 512402
Republican 0200
Democratic 1000
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hagman — Nay
Feuer — Yea
Galgiani — Yea
Fong — Yea
Garrick — Nay
Allen — Yea
Gordon — Yea
Halderman — Nay
Butler — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Campos — Yea
Huber — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Jeffries — Nay
Carter — Yea
Lara — Yea
Fletcher — Nay
Beall — Yea
Block — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Williams — Yea
Donnelly — Nay
Miller — Nay
Morrell — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hueso — Yea
Knight — Yea
Ma — Yea
Mansoor — Nay
Norby — Yea
Perea — Nay
Smyth — Nay
Swanson — Yea
Wagner — Nay
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Furutani — Not Voting
Gatto — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 41 Yee Senate Third Reading Amend By ENG Set #1

Passed 50 Yea · 26 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 492404
Democratic 1000
Republican 0200
Total 502604
% of votes cast 63%33%0%5%
How each member voted (80)
Member Party Vote
Hagman — Nay
Butler — Yea
Fuentes — Yea
Carter — Yea
Furutani — Yea
Gordon — Yea
Hall — Yea
Fong — Yea
Hill — Yea
Allen — Yea
Huber — Yea
Huffman — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Lara — Yea
Chesbro — Yea
Ma — Yea
Atkins — Yea
Ammiano — Yea
Beall — Yea
Mendoza — Yea
Morrell — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Yamada — Yea
Fletcher — Nay
Galgiani — Not Voting
Bonilla — Not Voting
Gorell — Not Voting
Halderman — Nay
Jeffries — Nay
Campos — Yea
Knight — Nay
Blumenfield — Not Voting
Conway — Nay
Cook — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Solorio — Yea
Valadao — Nay
Achadjian — Nay
Alejo — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hayashi — Yea
Hueso — Yea
Mansoor — Nay
Monning — Yea
Pan — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10402
Democratic 1000
Total 11402
% of votes cast 65%24%0%12%
How each member voted (17)
Member Party Vote
Campos — Not Voting
Hall — Yea
Harkey — Nay
Mitchell — Not Voting
Davis — Yea
Dickinson — Yea
Donnelly — Nay
Norby — Yea
Solorio — Yea
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Nay
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

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

Passed 12 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12601
Total 12601
% of votes cast 63%32%0%5%
How each member voted (19)
Member Party Vote
Mitchell — Yea
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Ammiano — Yea
Hayashi — Yea
Logue — Nay
Monning — Yea
Nestande — Nay
Pan — Yea
Silva — Nay
Smyth — Nay
Mansoor — Nay
Williams — Yea
Eng — Yea
Garrick — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting

Official roll call →

3rd Reading

Passed 24 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 221203
Democratic 2000
Republican 0100
Total 241303
% of votes cast 60%33%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cannella — Nay
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Hancock — Yea
Harman — Nay
Runner — Nay
Rubio — Nay
Corbett — Yea
Huff — Nay
Leno — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Nay
Dutton — Nay
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Yea
Simitian — Yea
Walters — Nay
Wolk — Not Voting
Emmerson — Not Voting
Correa — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does SB 41 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, beginning January 1, 2011, and ending December 31, 2018, 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. 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, beginning January 1, 2011, and ending December 31, 2018, 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, until January 1, 2015, make these provisions, including any local authorization, but not including the Disease Prevention Demonstration Project, inoperative, and would, in the interim, authorize 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 authorize 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, until January 1, 2015, 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 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 their 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 authorizes a pharmacist to provide hypodermic needles and syringes without a presceription in specified circumstances. Existing law makes it a crime to knowingly violate any provision relating to the Pharmacy Law. This bill would, until January 1, 2015, 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 or hypodermic needle and syringe exchange programs to provide consumers with prescribed options for consumer disposal of hypodermic needles and syringes. This bill would also, until January 1, 2015, require the pharmacies to provide prescribed written information or verbal counseling at the time of furnishing or sale of nonprescription hypodermic needles or syringes. 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 41?
SB 41 is sponsored by Ammiano, Portantino, Davis, Ma, and Yee.
What is the current status of SB 41?
This bill has been enacted into law. Introduced December 07, 2010. Enacted.
Where can I track SB 41?
Track SB 41 free on One Click Politics — get push/email alerts when it moves.

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