BILL NUMBER: AB 2076	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2006

INTRODUCED BY   Assembly Member Laird
   (Coauthors: Assembly Members Berg,  Evans,  Goldberg,
Hancock,  Jones,  Koretz, Leno, and Pavley)
   (Coauthors: Senators Kehoe, Kuehl, and Romero)

                        FEBRUARY 16, 2006

   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 2076, as amended, 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.
   This bill would authorize a public entity that receives General
Fund money from the State Department of Health Services 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. The bill would require funds
allocated for that purpose to be based upon epidemiological data as
reported by the health jurisdiction in its local HIV prevention plan
submitted to the Office of AIDS.
   (2) Existing law requires the health officer of the participating
jurisdiction to annually present a report on the status of syringe
exchange programs, including relevant statistics on blood-bourne
infections.
   This bill would require the report to also include the use of
public funds for these purposes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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
Health Services, 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.  The United
States Centers for Disease Control and Prevention (CDC) estimates
that it costs between $154,000 and $196,000 to provide a lifetime of
care for a person infected with HIV.
   (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
(Chapter 762, Statutes of 1999), which 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, and 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.  A public entity that receives General Fund money from the
State Department of Health Services for HIV prevention and education
may use that money to support clean needle and syringe exchange
projects authorized by the public entity pursuant to existing law.
The money may be used for, but is not limited to, the purchase of
sterile hypodermic needles and syringes. Funds allocated for the
purchase of sterile hypodermic needles and syringes shall be 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.