Date: Tue, 24 Feb 1998 13:36:34 -0800 Subject: LIFE Lobby's CA HIV/Healthcare Legislative Update (98-1) From: "Eric J.C. Astacaan" PAGE 1************************************************************ February 19, 1998 (98-1) LEGISLATIVE UPDATE: HIV/Health Care Policy Contacts: Eric Astacaan, Legislative Advocate, eric.astacaan@lifelobby.org Ellen McCormick, Legislative Advocate, ellen.mccormick@lifelobby.org Laurie McBride, Executive Director, laurie.mcbride@lifelobby.org Sam Catalano, Legislative Assistant, sam.catalano@lifelobby.org Table of Contents 1998-99 California HIV/AIDS Budget, page 1 HIV Testing/Reporting/Surveillance/Criminalization/Partner Notification, page 2 HIV Prevention/Education/Harm Reduction/Needle Exchange, page 4 Access to Healthcare/Healthcare Reform, page 5 Public/Private Benefits, page 6 Miscellaneous, page 6 Possible Legislative Positions, page 7 Two-Year/Carryover/Vetoed/Chaptered Bills, page 8 Index of Active Bills, page 10 1998 PRIORITIES: 1998-99 California HIV/AIDS Budget Department of Health Services AIDS Funding. Funding for the Department of Health Services HIV/AIDS programs totals $221.2 million. The bulk of next year's increase is earmarked towards the AIDS Drug Assistance Program. AIDS Drug Assistance Program (ADAP). Governor Pete Wilson proposed an increase of $35.9 million in the AIDS Drug Assistance Program (ADAP) for fiscal year 1998-99 (commencing on July 1, 1998 through June 30, 1999). Of this increase, $15.6 million will be coming from the State General Fund, $16.7 from the Federal Trust Fund, and $3.6 million from Reimbursements, i.e., drug rebates. The increase will be used to "meet the significantly increasing demand for new and more effective drugs and address rising caseload costs due to a caseload increase." Total ADAP funding (excluding viral load testing and Statewide AIDS Drug Consortia funds) for 1998-99 amounts to $124.7 million ($55.8 million from General Fund, $57.5 million from Federal Trust Fund, $11.4 million from drug rebates). Education and Prevention. Funding for education and prevention actually will decrease by about $687,000. This reduction comes as a result of federal funds cutbacks. Of the $27.1 million allocated for this program, the Governor proposed a flat funding of $19.7 from the State General Fund, while Federal Funds will contribute $7.4 million, as opposed to $8.1 from last year. Other Areas: Other programs are virtually flat-funded for the next fiscal year. These programs include no-cost HIV testing, early intervention, epidemiological studies, etc. University of California AIDS Research. The governor proposed an increase of $366,000 for AIDS research within the University of California. Funding for AIDS research totals $8.4 million, all of which is coming from General Fund. Department of Corrections: Funding for the CDC's AIDS Treatment and AIDS Facilities totals $12.3 million, an increase of $313,000 from last year's budget. PAGE 2*********************************************************************** Other California Departments with AIDS Programs: The Mental Health Department's AIDS Counseling ($1.5 million), Youth Authority's AIDS Screening ($200,000), Social Services Department's Licensing of Longterm Chronic Care Facilities' funding schemes ($26,000) are all receiving flat funding for 1998-99. The Department of Education, as well as the Department of Alcohol and Drug Program, will suffer cutbacks in their AIDS programs because of decrease in federal funding, their sole source of funds. Education Department's HIV/AIDS Awareness Project School Grants will have $393,000 as opposed to $459,000 last year. The Alcohol and Drug Program's HIV/AIDS Outreach will have $125,000 versus $349,000 from last year; however, their Counseling/Testing/Early Intervention projects will receive $9.2 million versus last year's allocation of $8.6 million. Staff Analyses/Recommendations: The governor does understand the need for increased funding for ADAP and we should acknowledge this. However, the ADAP formulary should be expanded to include other drugs such as drugs for opportunistic infections or drugs dealing with pain management. Regarding other funding issues, there are certain aspects of the proposed HIV/AIDS budget that certainly should be revisited. For instance, as the federal government cuts its funds for education and prevention, we should look at a state augmentation. Controversies abound as to the efficacy of our education and prevention programs. I think we can make a case for funding university-led studies to determine the efficacy of the various education and prevention programs and to bolster the ones that are effective. We also should look into recommending a line-item to institute a new system of HIV surveillance, i.e., unique or coded identifier. This brings into the discussion the most explosive issue that I think we will deal with this year: names reporting of HIV infection. I think that as part of our strategy when we propose an alternative to names reporting, we should simultaneously call for a funding scheme, which could be done with our work on the budget process. 1998 PRIORITIES: HIV Testing/Reporting/Surveillance/Criminalization/Partner Notification a) HIV Counseling and Testing AB 818 (Martinez) Support (HOD) 6/97 HIV Testing of Any Patient from Age 15 to 54. Existing law requires prenatal care providers to offer HIV testing to pregnant women (along with counseling and referral services). This bill would extend that requirement to include every medical care provider treating any patient from age 15 to 54 years of age. This bill would also require the State Office of AIDS to develop a voucher program for low-income individuals to get home HIV test kits. This voucher program should be implemented by January 1, 1999. LIFE's HIV/Healthcare Committee is in favor of requiring medical care providers to offer HIV testing to all patients. The committee sees a problem with the home HIV testing kits, however, citing problems of unreliability and lack of appropriate counseling. LIFE asked the author to drop the home testing provisions, which was done 5/1. ACTIONS: 02/26/97 Introduced 04/22 Assembly Health Committee, P 12-6 05/01 AMENDED [ Support If Amended changed to SUPPORT ] 05/30 Assembly Appropriations, P 13-6 06/03 Amended 06/05 Assembly Floor, P 41-35 06/17 To Senate Health & Hmn. Svcs. STATUS: Pending Senate Health & Hmn. Svcs. (Two-Year Bill) AB 881 (Runner) Oppose (HOD) 6/97 Mandatory Testing of Newborn Infants. Would require every general acute care hospital to test every PAGE 3*********************************************************************** newborn and requires disclosure of results to the baby's parents or guardian. Additionally, the bill requires the hospital to report the number of tests with positive results to the Department of Health Services, without revealing the identity of the babies tested. ACTIONS: 02/27/97 Introduced 03/03 To Assembly Health STATUS: 02/02/98 Died - Failed to get out of its house of origin (Assembly). SB 1385 (Alpert) Introduced: 01/07/98 Staff Recommendation: Support/P2 Testing of Incapacitated Patients. Current law generally authorizes an exposed individual, i.e., health care worker, who was exposed to the blood of other potentially infectious materials of a source patient to be informed of the HIV status of that patient. If patient's HIV status is unknown, certain lawful procedures would have to be followed to get the status, i.e., patient consenting to HIV testing. Existing law, however, does not address a situation when the source patient is incapacitated, and thus unable to provide informed consent and has no legal representative. This bill would authorize an HIV test to be performed on any available blood or patient sample if the source patient is unable to provide informed consent and has no authorized legal representative. Staff Analysis: This bill simply addresses rare incidents wherein a patient happens to be incapacitated. Although we do not want to give false sense of hope and security to individuals who may have been exposed to HIV, these individuals must certainly receive counseling as to the nature of HIV testing, to wit, that after getting tested the first time, a follow-up testing should be done, after six months, to assure that the correct result is obtained. ACTIONS: 01/07/98 Introduced 01/13 To Senate Health & Human Services STATUS: 03/18 Set for hearing b) HIV Surveillance and Reporting - as of date of publication, no bill has been introduced yet. c) Criminalization of HIV Transmission SB 705 (Rainey) Oppose (HOD) 6/97 Criminalizing the Intentional Transmission of HIV. Recent amendments limit SB 705's provisions to the intentional transmission of HIV through sexual contact without disclosure. The penalty has been reduced to a felony punishable by imprisonment for 5, 7, or 9 years. Amended out: Provisions covering needle sharing, the lesser penalties of exposing someone without intent; plus intent must be proven by prosecutors; obtaining medical records requires a court hearing and disclosure is defined simply as relating HIV status. Major Amendment: Defines "specific intent," specifically stating that mere knowledge alone of one's HIV-positive status is insufficient to prove "specific intent"; Reduces the punishment triad from 5, 7, and 9 years to 3, 5 and 8 years ACTIONS: 02/25/97 Introduced 04/07 Amended, 4/07, 4/16, 5/01, 5/06, 9/3, 9/4 04/22 Senate Public Safety Cmte, P 5-0 05/19 Senate Appropriations, P 7-0 05/27 Senate Floor, P 25-1 07/15 Assembly Public Safety, P 8-0 09/03 Assembly Appropriations, P 16-1 09/04 To Assembly Inactive File STATUS: Pending Assembly Floor Vote (Two-Year Bill) AB 1868 (Prenter) Introduced - 02/13/98 Staff Recommendation: Oppose/P1 Sentence Enhancement for Sex Offenses. Existing law imposes a 3-year sentence enhancement on a defendant, who knowingly has HIV/AIDS, commits certain sex crimes. This bill would increase the sentence enhancement to 10 years, and would add to the applicable sex crimes lewd act on a child and penetration by foreign PAGE 4********************************************************************** object. This bill would also add provisions to a court-ordered blood test, under certain procedures. Staff Analysis: This bill is certainly going to be problematic for a variety of reasons including proving knowledge of someone's HIV-positive status, stigma that is attached to being HIV-positive, etc. Opposing this bill will paint a wrong picture for our community of being unsupportive of victims of these egregious sexual offenses. I really would recommend that we worked with the author to make this bill as unoffensive as possible. ACTIONS: 02/13/98 Introduced STATUS: May be heard in Assembly Public Safety Committee after March 19. 1998 PRIORITIES: HIV Prevention/Education/Harm Reduction/Needle Exchange a) HIV Prevention and Education SB 1110 (Leslie) Oppose (HOD) 6/97 Positive Parental Consent Bill: This bill originally required positive written parental consent before any public school student receives instruction on STDs, AIDS, human sexuality, family life, or any other health education instruction delivered by outside organizations or guest speakers. It also included further prohibitions on such discussions in general school assemblies even by school personnel without positive parental permission. This bill also adds emphasis on monogamy and other virtues to existing emphasis on abstinence. It changes requirement for instruction on compassion for people with AIDS to compassion for "anyone with a debilitating handicap(s) and/or terminal disease." It would prohibit teaching compassion (as in tolerance, acceptance, respect) for drug use or any "particular" sexual "lifestyle" or "practice." Substantially amended: Now requires parental notification of guest speakers. Objectionable language about "particular lifestyles" has been removed. Opposition of other groups has changed to neutral or even support. ACTIONS: 02/28/97 Introduced 04/09 Senate Education Committee P 7-1 05/05 Amended 05/05, 05/07, 7/21, 9/5, 9/8 05/29 Senate Appropriations P 12-0 06/04 Senate Floor P 27-3 07/17 Assembly Education P 17-0 09/05 Assembly Appropriations P 18-0 09/10 Assembly Floor P 73-2 09/12 Sen. Refused Assy. Amend. F 0-39 STATUS: 02/13/98 Pending Conference Committee Report (Two-Year Bill) SB 1301 (Leslie) Oppose (HOD) 6/97 Close the Bathhouses: Legislative attempt to close the bathhouses. Several amendments were tried, but this bill in all forms was successfully defeated in its first hearing. ACTIONS: 02/28/97 Introduced 04/16 Amended 04/22 Senate Judiciary F 4-3 STATUS: 02/02/98 Dead - Failed to Pass in its House of Origin. SB 885 (Watson) Support (HOD) 6/97 This bill would establish the Clean Needle and Syringe Exchange Pilot Projects, and would authorize pharmacists, physicians, and certain persons authorized under the pilot projects to furnish hypodermic needles and syringes without a prescription or permit. The bill would authorize specified counties and cities to develop pilot projects upon the request of the county or city local health officer. (Same bill introduced last three years). This bill is being co-sponsored by the cities of Los Angeles, Long Beach, San Francisco and Santa Clara. ACTIONS: 02/27/97 Introduced 04/21 Amended 04/21, 05/05, 05/12 04/23 Senate Health Committee P 6-1 PAGE 5*********************************************************************** 05/19 Senate Appropriations P (R28.8) 05/27 Senate Floor F 20-16 06/05 Senate Floor P 21-17 07/15 Assembly Health P 12-7 07/17 To Assembly Appropriations STATUS: 05/19 Pending Assembly Appropriations (Two Year Bill) AB 1805 (Bowler) Introduced - 02/10/98 Staff Recommendation: Oppose/P1 AIDS Prevention Instruction. This bill would require that the only instructors allowed to teach about HIV/AIDS prevention and education in grades 7 to 12 be "licensed health professionals" or "holders of teaching credentials." My preliminary analysis of this bill tells me that, as covered in the law, only doctors, nurses, other medical personnels as defined in the Business & Professions Code, in addition to certificate-holding teachers, would be allowed to teach about HIV prevention. Other educators, such as peer educators, case managers, outreach workers, PLWHIV/AIDS, who are not licensed health professionals or credentialed teachers, would not be allowed to teach. Someone like the late Pedro Zamora would not be allowed to speak to a class about being HIV-infected. I think that those face-to-face meetings that students get from people who are clearly affected by this disease bring home the message to our youth. ACTIONS: 02/10/98 Introduced STATUS: May be heard in committee after March 13. AB 1941 (Honda) Introduced - 02/17/98 Staff Recommendation: Support/P2 Sex Education Instruction. This bill would require that sex education materials and instructions, in addition to being age-appropriate, be "medically accurate, risk appropriate, and free of racial and gender biases." The addition of these requirements, hopefully, would ensure that students will receive accurate and adequate information about HIV/AIDS. ACTIONS: 02/17/98 Introduced STATUS: May be heard in committee after March 20. 1998 PRIORITIES: Access to Healthcare/Healthcare Reform AB 1711 (Aguiar) Introduced: 01/28/98 Staff Recommendation: Support/P2 Patient's Bill of Rights: This is one of the few bills introduced this year to address the issue of the patient's bill of rights. This one would, among other things, grant to patients the right to access to a second medical opinion, right to have a doctor determine the course of medical treatment, right to be treated with respect, right to accurate and adequate information regarding a denial or grievance, etc. ACTIONS: 02/28/98 Introduced STATUS: May be heard in Assembly Health Committee after February 28. AB 1726 (Bustamante) Introduced : 02/02/98 Staff Recommendation: Support/P2 Family Health Care Rights Act: With this bill, the patient's bill of rights will include requiring health care service plans to ensure that enrollees and the public are provided with accurate and complete information to assist them in making informed choices about their health care and to provide access to a wide range of primary health care providers and specialty health care providers; prohibits health plans from denying coverage for any covered services if those services are recommended by providers in accordance with accepted standards; require ER services as part of the basic health care services, etc. ACTIONS: 02/02/98 Introduced STATUS: May be heard in Assembly Health Committee after March 5. SB 1494 (Watson) Introduced: 02/04/98 Staff Recommendation: Support/P2 Emergency Room (ER) Services. SB 1494 would require health plans to provide coverage for ER visits (1) for a reasonable number of annual visits to hospitals under contract with the plan, and for (2) any visit to an out-of- PAGE 6*********************************** network hospital in cases of exigent circumstances when either the enrollee is out of the coverage territory or the type of emergency care is specialized and only provided at that hospital. This bill would ensure that for people living with HIV, they receive immediate medical attention from health care providers without worrying about whether their insurance would cover the cost. ACTIONS: 02/04/98 Introduced STATUS: May be acted upon or after March 7. 1998 PRIORITIES: Public/Private Benefits AB 1052 (Villaraigosa) Support (HOD) 6/97 Currently, new AIDS drugs are automatically added to the Medi-Cal formulary. This bill would provide for the automatic addition of any new AIDS vaccines and/or "anti-viral agents" used prophylactically. This bill expands existing law from drugs used to "treat" AIDS and opportunistic infections to include vaccines and prophylactic uses of anti-viral agents. ACTIONS: 02/27/97 Introduced 04/22 Assembly Health P 20-0 05/21 Assembly Appropriations P 15-3 05/29 Assembly Floor P 57-16 06/26 Amended 07/02 Senate Health P 5-1 07/16 Senate Insurance P 6-0 09/04 Senate Appropriations P 7-3 09/11 Senate Inactive File (Two-Year Bill) STATUS: Pending Senate Floor Vote (Two-Year Bill) AB 1137 (Ducheny) Watch (HOD) 6/97 Identical to AB 1052 by Villaraigosa. Assembly Health Committee, 3/20. (2-Yr. Bill). STATUS: 02/02/98 Dead - Failed Passage from its House of Origin AB 20 (Migden) Amended: 01/08/98 Staff Recommendation: Support/P1 This bill is similar to AB 1099 that got vetoed by Governor Wilson last year. It would make it possible for Medi-Cal recipients living with AIDS to go back to work. Right now, Medi-Cal recipients who go back to work must pay a "share of cost" of any Medi-Cal benefits. Some people living with AIDS want to return to work, but find this "share of cost" a barrier to doing so. For example, an individual earning $2,000 a month would pay roughly $1000 in share of cost, leaving precious little for living and other expenses. AB 1099 would exempt up to $2500/month in earnings from counting toward the share of cost requirement. This exemption would hold until the individual is eligible for and receives full medical insurance coverage. This bill would include not only people living with AIDS, but also people who are on disabilities. (Originally the bill dealt with CalWORKS, the CA welfare reform act) ACTIONS: 01/08/98 Amended 01/14 Assembly Health P 17-0 01/28 Assembly Appropriations P 20-0 01/28 Assembly Floor P 71-5 01/29 To Senate STATUS: 02/05 Referred to Sen. Health & Human Services Miscellaneous/Other Issues: a) Medical Marijuana Use AB 610 (Margett) Oppose (HOD) 6/97 PAGE 7******************************* Creates nearly insurmountable obstacles for the implementation of Proposition 215 by imposing enormous licensing fees and taxes on the cultivation, and separately, the distribution of marijuana for medicinal use. ACTIONS: 02/25/97 Introduced 03/10 To Assembly Health and Agriculture Committees STATUS: Pending hearings in Assembly Health & Assembly Agriculture (Two-Year Bill) SB 535 (Vasconcellos) Support (HOD) 2/97 SB 535 authorizes the University of California to create a California Medical Marijuana Research Center to develop and implement medical marijuana studies and to solicit proposals for research projects. It also appropriates $2 million of State General Fund dollars to the Center to conduct this research. Lack of such research is often cited as a reason for denying the medicinal use of marijuana. Yet research projects at the federal and state level have been blocked for years. SB 535 would push the state to allow serious medical research to begin. On August 25, 1997, Attorney-General Dan Lungren, formally endorsed SB 535. This happened following some amendments to the bill that satisfied Lungren's concerns. In spite of his support though, only a few Republican Assemblymembers supported the bill when it came up for a vote, partially because a couple of Democrats decided to oppose the bill. It required 2/3 majority(for its urgency) but only received 48-21 vote. Bill supporters worked the last couple of days to get six more votes, from both sides of the aisle. Unfortunately, no one was willing to budge, so Assemblymember Migden requested the bill to be put in the inactive file, and get reconsidered in January 1998. ACTIONS: 02/24/97 Introduced 03/31 Amended 3/31, 4/10, 5/20, 5/23, 6/3, 8/25, 9/5 04/02 Senate Health & Human Services P 5-2 04/15 Senate Public Safety P 5-2 05/29 Senate Appropriations P 7-1 06/04 Senate Floor P 27-9 07/15 Assembly Higher Education P 8-3 09/04 Assembly Appropriations P 12-8 09/10 Assembly Floor F 48-21 09/10 Assembly Floor Motion to Reconsider 09/12 To Assembly Inactive File STATUS: Pending Assembly Floor Vote (Two-Year Bill) b) AIDS Research AB 1663 (Migden) Introduced: 01/12/98 Staff Recommendation: Support/P1 AIDS License Plate Fund. This bill would authorize the DMV to issue special interest license plates, specifically red ribbons to signify the issue of HIV/AIDS. After administrative fees are covered, the net revenue would be deposited to the AIDS License Plate Fund, which shall be allocated to the AIDS Research Program at UCSF. ACTIONS: 02/12/98 Introduced STATUS: Referred to Assembly Transportation Committee *********************************************************************** Possible Legislative Positions SPONSOR: LIFE to participate in drafting, strategy, lobbying, and amendments to bill, in conjunction with the author's office and other sponsors (if any). Support: Support of the bill. Support Seeking Amendment: Support stands regardless of the fate of amendments. PAGE 8************************************ Support IF Amended: Support when amendments are accepted. Neutral Watch: No action, just watching. Opposed Unless Amended: Authors and sponsors are notified of LIFE's opposition unless LIFE's amendments are accepted. Opposed No Position P1. Active Lobbying/Testifying; Pull-out All Stops; Sponsorships; Grassroots Mobilizing P2. Moderate Lobbying; Sending Letter; Partial Grassroots Mobilizing; Working With Sponsors P3. Sending Letter of Support/Opposition; Inactive Lobbying NOTES * Two Year Bill - A bill that has missed legislative deadlines for the first year of the two year session; has failed and has been granted reconsideration; or has been postponed because of lack of votes or other reasons. Two-year bills return early in the second year of the two year session and begin the legislative process where they were left off. Constitutional Amendments and Resolutions have different deadlines than typical Assembly and Senate Bills and as such are usually two year bills. * Rule 28.8 - Signifies that a bill has been deemed to have no fiscal impact and is passed by the Appropriations Committee with out a hearing (Joint Rule 28.8). TWO-YEAR / CARRYOVER BILLS For the 1998 Legislative Update, we are limiting the number of bills that will appear in this list. Per our November 1998 House of Delegates Meeting, and in consultation with the HIV Executive Policy Committee co-chairs and members, our list of bills will be limited to no more than 15 bills, give or take. This is being done to maximize our efforts and to be more effective in our legislative activities. Two-year bills that were originally in our 1997 Legislative Update that you do not see in this current update will continued to be monitored, but will no longer appear in our current update. We will give you the current status of these bills, and if you need additional information, please consult the 97-7 legislative updates or talk to Eric Astacaan, the HIV/Healthcare Legislative Advocate. You may also check their status via Internet at http://www.leginfo.ca.gov. These bills will be listed below by their specific 1997 priority categories. 1997 Priorities: Disability Determinations/Insurance SB 495 (Rosenthal): Pending Assembly Floor Vote (See p. 3 of 97-7 Legislative Update) SB 964 (Knight): Dead - Failed Passage from its House of Origin (p. 3 of 97-7 Legislative Update) 1997 Priorities: Access to Healthcare & Services/Managed Care AB 7 (Brown): Pending Senate Floor Vote (p. 4 of 97-7 Legislative Update) AB 12 (Figueroa): Action Deferred on Senate Amendments (p. 4 of 97-7 Legislative Update) AB 269 (Ortiz) Pending Senate Insurance (p. 5 of 97-7 Legislative Update) AB 341 (Sweeney) Pending Senate Floor Vote (p. 5 of 97-7 Legislative Update) AB 434 (Gallegos) Pending Senate Insurance (p. 6 of 97-7 Legislative Update) AB 497 (Wildman) Pending Senate Insurance (p. 6 of 97-7 Legislative Update) AB 663 (Ortiz) Pending Senate Appropriations (p. 6 of 97-7 Legislative Update) AB 1100 (Thomson) Pending Senate Floor Vote (p. 7 of 97-7 Legislative Update) AB 1208 (Migden) Pending Senate Health (p. 7 of 97-7 Legislative Update) PAGE 9******************************** AB 1298 (Villaraigosa) Pending Assembly Concurrence Vote (p. 8 of 97-7 Legislative Update) SB 324 (Rosenthal) Pending Assembly Appropriations (p. 9 of 97-7 Legislative Update) SB 1084 (Watson) Dead - Failed to Pass its House of Origin (p. 9 of 97-7 Legislative Update) 1997 Priorities: HIV Prevention/Education/Harm Reduction SB 560 (Hayden) Failed in the Assembly (p. 10 of 97-7 Legislative Update) SB 862 (Lee) Pending Assembly Appropriations (p. 10 of 97-7 Legislative Update) Other Issues: a) Medical Insurance for the Uninsured AB 534 (Thomson) Pending Conference Committee Report (p. 14 of 97-7 Legislative Update) AB 1112 (Gallegos) Pending Conference Committee Report (p. 14 of 97-7 Legislative Update) AB 1430 (Figueroa) Pending Conference Committee Report (p. 15 of 97-7 Legislative Update) SB 954 (Rosenthal) Pending Conference Committee Report (p. 15 of 97-7 Legislative Update) b) Miscellaneous Insurance Issues SB 393 (Rosenthal) Pending Assembly Floor Vote (p. 16 of 97-7 Legislative Update) SB 462 (Rosenthal) Dead - Failed Passage from its House of Origin (p. 16 of 97-7 Legislative Update) c) Medical Liability Issues AB 250 (Kuehl) Died on Inactive File (p. 18 of 97-7 Legislative Update) AB 1220 (Migden) Dead - Failed Passage from its House of Origin (p. 18 of 97-7 Legislative Update) d) Medi-Cal and AFDC Related AB 426 (Gallegos) Pending Senate Floor Vote (p. 18 of 97-7 Legislative Update) e) Prevention-Related Items SB 274 (Watson) Passed Senate. To Assembly. (p. 19 of 97-7 Legislative Update) VETOED BILLS AB 49 (Murray) Pending Consideration of Veto (p. 15 of 97-7 Legislative Update) AB 536 (Gallegos) Veto Sustained (p. 6 of 97-7 Legislative Update) AB 600 (Kuehl) Pending Consideration of Veto (p. 9 of 97-7 Legislative Update) AB 794 (Figueroa) Pending Consideration of Veto (p. 7 of 97-7 Legislative Update) AB 967 (Migden) Veto Sustained (p. 2 of 97-7 Legislative Update) AB 1099 (Migden) Pending Consideration of Veto, on or before 3/5/98 (p. 3 of 97-7 Legislative Update) AB 1341 (Alquist) Pending Consideration of Veto, on or before 3/5/98 (p. 8 of 97-7 Legislative Update) SB 253 (Burton) Veto Sustained (p. 8 of 97-7 Legislative Update) SB 1007 (Vasconcellos) Veto Sustained (p. 11 of 97-7 Legislative Update) SB 1035 (Polanco) Pending Consideration of Veto, on or before 3/5/98 (p. 4 of 97-7 Legislative Update) CHAPTERED BILLS AB 29 (Villaraigosa) Ch. 751, '97 Statutes (p. 13 of 97-7 Legislative Update) AB 38 (Figueroa) Ch. 389, '97 Statutes (p. 5 of 97-7 Legislative Update) AB 489 (Figueroa) Ch. 440, '97 Statutes (p. 16 of 97-7 Legislative Update) AB 995 (Pacheco) Ch. 591, '97 Statutes (p. 19 of 97-7 Legislative Update) AB 1126 (Villaraigosa) Ch. 623, '97 Statutes (p. 14 of 97-7 Legislative Update) SB 163 (Solis) Ch. 795, '97 Statutes (p. 18 of 97-7 Legislative Update) SB 719 (Johnston) Ch. 665, '97 Statutues (p. 16 of 97-7 Legislative Update) SB 1137 (Kopp) Ch. 278, '97 Statutues (p. 17 of 97-7 Legislative Update) SB 1262 (Johnston) Ch. 496, '97 Statutes (p. 17 of 97-7 Legislative Update) PAGE 10*************************************** Index of Active Bills AB 20 p. 6 AB 610 p. 6 AB 818 p. 2 AB 881 p. 2 AB 1052 p. 6 AB 1137 p. 6 AB 1663 p. 7 AB 1711 p. 5 AB 1726 p. 5 AB 1805 p. 5 AB 1868 p. 3 AB 1941 p. 5 SB 535 p. 7 SB 705 p. 3 SB 885 p. 4 SB 1110 p. 4 SB 1301 p. 4 SB 1385 p. 3 SB 1494 p. 5 **************************************************************************** ** This legislative update has been brought to you by LIFE: California's Lesbian, Gay, Bisexual, Transgender and HIV/AIDS Lobby. LIFE has been lobbying on behalf of California's lesbian, gay, bisexual, transgender and HIV-affected communities since 1986. Our organization is the oldest and largest institution representing these communities in California's State Capitol and is proud to celebrate over a decade of service. If you would like further information about LIFE's activities, events or membership, please contact our office at: LIFE: California's Lesbian, Gay, Bisexual, Transgender & HIV/AIDS Lobby 1301 H Street Sacramento, California 95814-1906 Phone: 916-444-0424 Fax: 916-444-3059 E-Mail: life.info@lifelobby.org Website: http://www.lifelobby.org --MS_Mac_OE_2971172219_103223_MIME_Part Content-type: text/html; charset="ISO-8859-1" Content-transfer-encoding: quoted-printable LIFE Lobby's CA HIV/Healthcare Legislative Update (98-1) PAGE 1******************************************************= ******

February 19, 1998 (98-1)=
LEGISLATIVE UPDATE: HIV/Health Care Policy<= /B>

Contacts:
Eric Astacaan, Legislative Advocate, eric.astacaan@lifelobby.org
Ellen McCormick, Legislative Advocate, ellen.mccormick@lifelobby.org
Laurie McBride, Executive Director, laurie.mcbride@lifelobby.org
Sam Catalano, Legislative Assistant, sam.catalano@lifelobby.org

Table of Contents
1998-99 California HIV/AIDS Budget, page 1
HIV Testing/Reporting/Surveillance/Criminalization/Partner Notification, pa= ge 2
HIV Prevention/Education/Harm Reduction/Needle Exchange, page 4
Access to Healthcare/Healthcare Reform, page 5
Public/Private Benefits, page 6
Miscellaneous, page 6
Possible Legislative Positions, page 7
Two-Year/Carryover/Vetoed/Chaptered Bills, page 8
Index of Active Bills, page 10

1998 PRIORITIES: 1998-99 California HIV/AIDS Budget
Department of Health Services AIDS Funding. Funding for the Departm= ent of Health Services HIV/AIDS programs totals $221.2 million. The bulk of= next year's increase is earmarked towards the AIDS Drug Assistance Program.=
AIDS Drug Assistance Program (ADAP). Governor Pete Wilson proposed a= n increase of $35.9 million in the AIDS Drug Assistance Program (ADAP) for f= iscal year 1998-99 (commencing on July 1, 1998 through June 30, 1999). Of t= his increase, $15.6 million will be coming from the State General Fund, $16.= 7 from the Federal Trust Fund, and $3.6 million from Reimbursements, i.e., d= rug rebates. The increase will be used to "meet the significantly incr= easing demand for new and more effective drugs and address rising caseload c= osts due to a caseload increase." Total ADAP funding (excluding viral = load testing and Statewide AIDS Drug Consortia funds) for 1998-99 amounts to= $124.7 million ($55.8 million from General Fund, $57.5 million from Federal= Trust Fund, $11.4 million from drug rebates).
Education and Prevention. Funding for education and prevention actua= lly will decrease by about $687,000. This reduction comes as a result of fe= deral funds cutbacks. Of the $27.1 million allocated for this program, the = Governor proposed a flat funding of $19.7 from the State General Fund, while= Federal Funds will contribute $7.4 million, as opposed to $8.1 from last ye= ar.
Other Areas: Other programs are virtually flat-funded for the next f= iscal year. These programs include no-cost HIV testing, early intervention,= epidemiological studies, etc.
University of California AIDS Research. The governor proposed an inc= rease of $366,000 for AIDS research within the University of California. Fu= nding for AIDS research totals $8.4 million, all of which is coming from Gen= eral Fund.
Department of Corrections: Funding for the CDC's AIDS Treatment and = AIDS Facilities totals $12.3 million, an increase of $313,000 from last year= 's budget.

PAGE 2*********************************************************************= **

Other California Departments with AIDS Programs: The Mental Health Departm= ent's AIDS Counseling ($1.5 million), Youth Authority's AIDS Screening ($200= ,000), Social Services Department's Licensing of Longterm Chronic Care Facil= ities' funding schemes ($26,000) are all receiving flat funding for 1998-99.= The Department of Education, as well as the Department of Alcohol and Drug= Program, will suffer cutbacks in their AIDS programs because of decrease in= federal funding, their sole source of funds. Education Department's HIV/AI= DS Awareness Project School Grants will have $393,000 as opposed to $459,000= last year. The Alcohol and Drug Program's HIV/AIDS Outreach will have $125= ,000 versus $349,000 from last year; however, their Counseling/Testing/Early= Intervention projects will receive $9.2 million versus last year's allocati= on of $8.6 million.
Staff Analyses/Recommendations: The governor does understand the need for = increased funding for ADAP and we should acknowledge this. However, the ADA= P formulary should be expanded to include other drugs such as drugs for oppo= rtunistic infections or drugs dealing with pain management.
Regarding other funding issues, there are certain aspects of the proposed = HIV/AIDS budget that certainly should be revisited. For instance, as the fe= deral government cuts its funds for education and prevention, we should look= at a state augmentation. Controversies abound as to the efficacy of our ed= ucation and prevention programs. I think we can make a case for funding uni= versity-led studies to determine the efficacy of the various education and p= revention programs and to bolster the ones that are effective.
We also should look into recommending a line-item to institute a new syste= m of HIV surveillance, i.e., unique or coded identifier. This brings into t= he discussion the most explosive issue that I think we will deal with this y= ear: names reporting of HIV infection. I think that as part of our strateg= y when we propose an alternative to names reporting, we should simultaneousl= y call for a funding scheme, which could be done with our work on the budget= process.

1998 PRIORITIES: HIV Testing/Reporting/Surveillance/Criminalization/P= artner Notification

a) HIV Counseling and Testing

AB 818 (Martinez) Support (HOD) 6/97
HIV Testing of Any Patient from Age 15 to 54. Existing law requires prenat= al care providers to offer HIV testing to pregnant women (along with counsel= ing and referral services). This bill would extend that requirement to incl= ude every medical care provider treating any patient from age 15 to 54 years= of age. This bill would also require the State Office of AIDS to develop a= voucher program for low-income individuals to get home HIV test kits. This= voucher program should be implemented by January 1, 1999.
LIFE's HIV/Healthcare Committee is in favor of requiring medical care provi= ders to offer HIV testing to all patients. The committee sees a problem wit= h the home HIV testing kits, however, citing problems of unreliability and l= ack of appropriate counseling. LIFE asked the author to drop the home testi= ng provisions, which was done 5/1.
ACTIONS: 02/26/97 Introduced
04/22 Assembly Health Committee, P 12-6
05/01 AMENDED [ Support If Amended changed to SUPPORT ]
05/30 Assembly Appropriations, P 13-6
06/03 Amended
06/05 Assembly Floor, P 41-35
06/17 To Senate Health & Hmn. Svcs.
STATUS: Pending Senate Health & Hmn. Svcs. (Two-Year Bill)

AB 881 (Runner) Oppose (HOD) 6/97
Mandatory Testing of Newborn Infants. Would require every general acut= e care hospital to test every

PAGE 3*********************************************************************= **

newborn and requires disclosure of results to the baby's parents or guardia= n. Additionally, the bill requires the hospital to report the number of tes= ts with positive results to the Department of Health Services, without revea= ling the identity of the babies tested.
ACTIONS: 02/27/97 Introduced
03/03 To Assembly Health
STATUS: 02/02/98 Died - Failed to get out of its house of origin (Assembly= ).

SB 1385 (Alpert) Introduced: 01/07/98 Staff Recommendation: Supp= ort/P2
Testing of Incapacitated Patients. Current law generally authorizes an= exposed individual, i.e., health care worker, who was exposed to the blood = of other potentially infectious materials of a source patient to be informed= of the HIV status of that patient. If patient's HIV status is unknown, cer= tain lawful procedures would have to be followed to get the status, i.e., pa= tient consenting to HIV testing. Existing law, however, does not address a = situation when the source patient is incapacitated, and thus unable to provi= de informed consent and has no legal representative. This bill would author= ize an HIV test to be performed on any available blood or patient sample if = the source patient is unable to provide informed consent and has no authoriz= ed legal representative.
Staff Analysis: This bill simply addresses rare incidents wherein a patien= t happens to be incapacitated. Although we do not want to give false sense = of hope and security to individuals who may have been exposed to HIV, these = individuals must certainly receive counseling as to the nature of HIV testin= g, to wit, that after getting tested the first time, a follow-up testing sho= uld be done, after six months, to assure that the correct result is obtained= .
ACTIONS: 01/07/98 Introduced
01/13 To Senate Health & Human Services
STATUS: 03/18 Set for hearing

b) HIV Surveillance and Reporting - as of date of publication, no bi= ll has been introduced yet.

c) Criminalization of HIV Transmission

SB 705 (Rainey) Oppose (HOD) 6/97
Criminalizing the Intentional Transmission of HIV. Recent amendments l= imit SB 705's provisions to the intentional transmission of HIV through sexu= al contact without disclosure. The penalty has been reduced to a felony pun= ishable by imprisonment for 5, 7, or 9 years.
Amended out: Provisions covering needle sharing, the lesser penalties of e= xposing someone without intent; plus intent must be proven by prosecutors; o= btaining medical records requires a court hearing and disclosure is defined = simply as relating HIV status.
Major Amendment: Defines "specific intent," specifically stating= that mere knowledge alone of one's HIV-positive status is insufficient to p= rove "specific intent"; Reduces the punishment triad from 5, 7, an= d 9 years to 3, 5 and 8 years
ACTIONS: 02/25/97 Introduced
04/07 Amended, 4/07, 4/16, 5/01, 5/06, 9/3, 9/4
04/22 Senate Public Safety Cmte, P 5-0
05/19 Senate Appropriations, P 7-0
05/27 Senate Floor, P 25-1
07/15 Assembly Public Safety, P 8-0
09/03 Assembly Appropriations, P 16-1
09/04 To Assembly Inactive File
STATUS: Pending Assembly Floor Vote (Two-Year Bill)

AB 1868 (Prenter) Introduced - 02/13/98 Staff Recommendation: Opp= ose/P1
Sentence Enhancement for Sex Offenses. Existing law imposes a 3-year s= entence enhancement on a defendant, who knowingly has HIV/AIDS, commits cert= ain sex crimes. This bill would increase the sentence enhancement to 10 yea= rs, and would add to the applicable sex crimes lewd act on a child and penet= ration by foreign
PAGE 4*********************************************************************= *
object. This bill would also add provisions to a court-ordered blood test,= under certain procedures.
Staff Analysis: This bill is certainly going to be problematic for a varie= ty of reasons including proving knowledge of someone's HIV-positive status, = stigma that is attached to being HIV-positive, etc. Opposing this bill will= paint a wrong picture for our community of being unsupportive of victims of= these egregious sexual offenses. I really would recommend that we worked w= ith the author to make this bill as unoffensive as possible.
ACTIONS: 02/13/98 Introduced
STATUS: May be heard in Assembly Public Safety Committee after March 19.=

1998 PRIORITIES: HIV Prevention/Education/Harm Reduction/Needle Exchange=

a) HIV Prevention and Education

SB 1110 (Leslie) Oppose (HOD) 6/97
Positive Parental Consent Bill: This bill originally required positive= written parental consent before any public school student receives instruct= ion on STDs, AIDS, human sexuality, family life, or any other health educati= on instruction delivered by outside organizations or guest speakers. It als= o included further prohibitions on such discussions in general school assemb= lies even by school personnel without positive parental permission. This bi= ll also adds emphasis on monogamy and other virtues to existing emphasis on = abstinence. It changes requirement for instruction on compassion for people= with AIDS to compassion for "anyone with a debilitating handicap(s) an= d/or terminal disease." It would prohibit teaching compassion (as in t= olerance, acceptance, respect) for drug use or any "particular" se= xual "lifestyle" or "practice."
Substantially amended: Now requires parental notification of guest speaker= s. Objectionable language about "particular lifestyles" has been = removed. Opposition of other groups has changed to neutral or even support.=
ACTIONS: 02/28/97 Introduced
04/09 Senate Education Committee P 7-1
05/05 Amended 05/05, 05/07, 7/21, 9/5, 9/8
05/29 Senate Appropriations P 12-0
06/04 Senate Floor P 27-3
07/17 Assembly Education P 17-0
09/05 Assembly Appropriations P 18-0
09/10 Assembly Floor P 73-2
09/12 Sen. Refused Assy. Amend. F 0-39
STATUS: 02/13/98 Pending Conference Committee Report (Two-Year Bill)

SB 1301 (Leslie) Oppose (HOD) 6/97
Close the Bathhouses: Legislative attempt to close the bathhouses. Se= veral amendments were tried, but this bill in all forms was successfully def= eated in its first hearing.
ACTIONS: 02/28/97 Introduced
04/16 Amended
04/22 Senate Judiciary F 4-3
STATUS: 02/02/98 Dead - Failed to Pass in its House of Origin.

SB 885 (Watson) Support (HOD) 6/97
This bill would establish the Clean Needle and Syringe Exchange Pilot Proje= cts, and would authorize pharmacists, physicians, and certain persons author= ized under the pilot projects to furnish hypodermic needles and syringes wit= hout a prescription or permit. The bill would authorize specified counties = and cities to develop pilot projects upon the request of the county or city = local health officer. (Same bill introduced last three years). This bill is= being co-sponsored by the cities of Los Angeles, Long Beach, San Francisco = and Santa Clara.
ACTIONS: 02/27/97 Introduced
04/21 Amended 04/21, 05/05, 05/12
04/23 Senate Health Committee P 6-1

PAGE 5*********************************************************************= **

05/19 Senate Appropriations P (R28.8)
05/27 Senate Floor F 20-16
06/05 Senate Floor P 21-17
07/15 Assembly Health P 12-7
07/17 To Assembly Appropriations
STATUS: 05/19 Pending Assembly Appropriations (Two Year Bill)

AB 1805 (Bowler) Introduced - 02/10/98 Staff Recommendation: Opp= ose/P1
AIDS Prevention Instruction. This bill would require that the only ins= tructors allowed to teach about HIV/AIDS prevention and education in grades = 7 to 12 be "licensed health professionals" or "holders of tea= ching credentials." My preliminary analysis of this bill tells me that= , as covered in the law, only doctors, nurses, other medical personnels as d= efined in the Business & Professions Code, in addition to certificate-ho= lding teachers, would be allowed to teach about HIV prevention. Other educa= tors, such as peer educators, case managers, outreach workers, PLWHIV/AIDS, = who are not licensed health professionals or credentialed teachers, would no= t be allowed to teach. Someone like the late Pedro Zamora would not be allo= wed to speak to a class about being HIV-infected. I think that those face-t= o-face meetings that students get from people who are clearly affected by th= is disease bring home the message to our youth.
ACTIONS: 02/10/98 Introduced
STATUS: May be heard in committee after March 13.

AB 1941 (Honda) Introduced - 02/17/98 Staff Recommendation: Suppo= rt/P2
Sex Education Instruction. This bill would require that sex education= materials and instructions, in addition to being age-appropriate, be "= medically accurate, risk appropriate, and free of racial and gender biases.&= quot; The addition of these requirements, hopefully, would ensure that stud= ents will receive accurate and adequate information about HIV/AIDS.
ACTIONS: 02/17/98 Introduced
STATUS: May be heard in committee after March 20.

1998 PRIORITIES: Access to Healthcare/Healthcare Reform

AB 1711 (Aguiar) Introduced: 01/28/98 Staff Recommendation: Sup= port/P2
Patient's Bill of Rights: This is one of the few bills introduced t= his year to address the issue of the patient's bill of rights. This one wou= ld, among other things, grant to patients the right to access to a second me= dical opinion, right to have a doctor determine the course of medical treatm= ent, right to be treated with respect, right to accurate and adequate inform= ation regarding a denial or grievance, etc.
ACTIONS: 02/28/98 Introduced
STATUS: May be heard in Assembly Health Committee after February 28.

AB 1726 (Bustamante) Introduced : 02/02/98 Staff Recommendation: S= upport/P2
Family Health Care Rights Act: With this bill, the patient's bill of r= ights will include requiring health care service plans to ensure that enroll= ees and the public are provided with accurate and complete information to as= sist them in making informed choices about their health care and to provide = access to a wide range of primary health care providers and specialty health= care providers; prohibits health plans from denying coverage for any covere= d services if those services are recommended by providers in accordance with= accepted standards; require ER services as part of the basic health care se= rvices, etc.
ACTIONS: 02/02/98 Introduced
STATUS: May be heard in Assembly Health Committee after March 5.

SB 1494 (Watson) Introduced: 02/04/98 Staff Recommendation: Suppo= rt/P2
Emergency Room (ER) Services. SB 1494 would require health plans to pr= ovide coverage for ER visits (1) for a reasonable number of annual visits to= hospitals under contract with the plan, and for (2) any visit to an out-of-=

PAGE 6***********************************

network hospital in cases of exigent circumstances when either the enrollee= is out of the coverage territory or the type of emergency care is specializ= ed and only provided at that hospital. This bill would ensure that for peop= le living with HIV, they receive immediate medical attention from health car= e providers without worrying about whether their insurance would cover the c= ost.
ACTIONS: 02/04/98 Introduced
STATUS: May be acted upon or after March 7.

1998 PRIORITIES: Public/Private Benefits

AB 1052 (Villaraigosa) Support (HOD) 6/97
Currently, new AIDS drugs are automatically added to the Medi-Cal formu= lary. This bill would provide for the automatic addition of any new AIDS va= ccines and/or "anti-viral agents" used prophylactically. This bil= l expands existing law from drugs used to "treat" AIDS and opportu= nistic infections to include vaccines and prophylactic uses of anti-viral ag= ents.
ACTIONS: 02/27/97 Introduced
04/22 Assembly Health P 20-0
05/21 Assembly Appropriations P 15-3
05/29 Assembly Floor P 57-16
06/26 Amended
07/02 Senate Health P 5-1
07/16 Senate Insurance P 6-0
09/04 Senate Appropriations P 7-3
09/11 Senate Inactive File (Two-Year Bill)
STATUS: Pending Senate Floor Vote (Two-Year Bill)

AB 1137 (Ducheny) Watch (HOD) 6/97
Identical to AB 1052 by Villaraigosa. Assembly Health Committee, 3/20.= (2-Yr. Bill).
STATUS: 02/02/98 Dead - Failed Passage from its House of Origin

AB 20 (Migden) Amended: 01/08/98 Staff Recommendation: Support/P1=
This bill is similar to AB 1099 that got vetoed by Governor Wilson last= year. It would make it possible for Medi-Cal recipients living with AIDS t= o go back to work. Right now, Medi-Cal recipients who go back to work must = pay a "share of cost" of any Medi-Cal benefits. Some people livin= g with AIDS want to return to work, but find this "share of cost" = a barrier to doing so. For example, an individual earning $2,000 a month wo= uld pay roughly $1000 in share of cost, leaving precious little for living a= nd other expenses. AB 1099 would exempt up to $2500/month in earnings from = counting toward the share of cost requirement. This exemption would hold un= til the individual is eligible for and receives full medical insurance cover= age. This bill would include not only people living with AIDS, but also peo= ple who are on disabilities. (Originally the bill dealt with CalWORKS, the = CA welfare reform act)
ACTIONS: 01/08/98 Amended
01/14 Assembly Health P 17-0
01/28 Assembly Appropriations P 20-0
01/28 Assembly Floor P 71-5
01/29 To Senate
STATUS: 02/05 Referred to Sen. Health & Human Services

Miscellaneous/Other Issues:

a) Medical Marijuana Use

AB 610 (Margett) Oppose (HOD) 6/97
PAGE 7*******************************
Creates nearly insurmountable obstacles for the implementation of Propositi= on 215 by imposing enormous licensing fees and taxes on the cultivation, and= separately, the distribution of marijuana for medicinal use.
ACTIONS: 02/25/97 Introduced
03/10 To Assembly Health and Agriculture Committees
STATUS: Pending hearings in Assembly Health
& Assembly Agriculture (Two-Year Bill)

SB 535 (Vasconcellos) Support (HOD) 2/97
SB 535 authorizes the University of California to create a California M= edical Marijuana Research Center to develop and implement medical marijuana = studies and to solicit proposals for research projects. It also appropriate= s $2 million of State General Fund dollars to the Center to conduct this res= earch. Lack of such research is often cited as a reason for denying the med= icinal use of marijuana. Yet research projects at the federal and state lev= el have been blocked for years. SB 535 would push the state to allow seriou= s medical research to begin.
On August 25, 1997, Attorney-General Dan Lungren, formally endorsed SB 535.= This happened following some amendments to the bill that satisfied Lungren= 's concerns. In spite of his support though, only a few Republican Assembly= members supported the bill when it came up for a vote, partially because a c= ouple of Democrats decided to oppose the bill. It required 2/3 majority(for= its urgency) but only received 48-21 vote. Bill supporters worked the last= couple of days to get six more votes, from both sides of the aisle. Unfort= unately, no one was willing to budge, so Assemblymember Migden requested the= bill to be put in the inactive file, and get reconsidered in January 1998.<= BR> ACTIONS: 02/24/97 Introduced
03/31 Amended 3/31, 4/10, 5/20, 5/23, 6/3, 8/25, 9/5
04/02 Senate Health & Human Services P 5-2
04/15 Senate Public Safety P 5-2
05/29 Senate Appropriations P 7-1
06/04 Senate Floor P 27-9
07/15 Assembly Higher Education P 8-3
09/04 Assembly Appropriations P 12-8
09/10 Assembly Floor F 48-21
09/10 Assembly Floor Motion to Reconsider
09/12 To Assembly Inactive File
STATUS: Pending Assembly Floor Vote (Two-Year Bill)

b) AIDS Research

AB 1663 (Migden) Introduced: 01/12/98 Staff Recommendation: Support/= P1
AIDS License Plate Fund. This bill would authorize the DMV to issue sp= ecial interest license plates, specifically red ribbons to signify the issue= of HIV/AIDS. After administrative fees are covered, the net revenue would = be deposited to the AIDS License Plate Fund, which shall be allocated to the= AIDS Research Program at UCSF.
ACTIONS: 02/12/98 Introduced
STATUS: Referred to Assembly Transportation Committee

***********************************************************************

Possible Legislative Positions
SPONSOR: LIFE to participate in drafting, strategy, lobbying, and amen= dments to bill, in conjunction with the author's office and other sponsors (= if any).
Support: Support of the bill.
Support Seeking Amendment: Support stands regardless of the fate of amendm= ents.

PAGE 8************************************

Support IF Amended: Support when amendments are accepted.
Neutral
Watch: No action, just watching.
Opposed Unless Amended: Authors and sponsors are notified of LIFE's opposi= tion unless LIFE's amendments are accepted.
Opposed
No Position
P1. Active Lobbying/Testifying; Pull-out All Stops; Sponsorships; Grassroo= ts Mobilizing
P2. Moderate Lobbying; Sending Letter; Partial Grassroots Mobilizing; Work= ing With Sponsors
P3. Sending Letter of Support/Opposition; Inactive Lobbying
NOTES
* Two Year Bill - A bill that has missed legislative deadlines for= the first year of the two year session; has failed and has been granted re= consideration; or has been postponed because of lack of votes or other reas= ons. Two-year bills return early in the second year of the two year session= and begin the legislative process where they were left off. Constitution= al Amendments and Resolutions have different deadlines than typical Assembl= y and Senate Bills and as such are usually two year bills.
* Rule 28.8 - Signifies that a bill has been deemed to have no fiscal impac= t and is passed by the Appropriations Committee with out a hearing (Joint Ru= le 28.8).
TWO-YEAR / CARRYOVER BILLS
For the 1998 Legislative Update, we are limiting the number of bill= s that will appear in this list. Per our November 1998 House of Delegates M= eeting, and in consultation with the HIV Executive Policy Committee co-chair= s and members, our list of bills will be limited to no more than 15 bills, g= ive or take. This is being done to maximize our efforts and to be more effe= ctive in our legislative activities.
Two-year bills that were originally in our 1997 Legislative Update that you= do not see in this current update will continued to be monitored, but will = no longer appear in our current update. We will give you the current status= of these bills, and if you need additional information, please consult the = 97-7 legislative updates or talk to Eric Astacaan, the HIV/Healthcare Legisl= ative Advocate. You may also check their status via Internet at http://www.= leginfo.ca.gov.
These bills will be listed below by their specific 1997 priority categories= .
1997 Priorities: Disability Determinations/Insurance
SB 495 (Rosenthal): Pending Assembly Floor Vote (See p. 3 of 97-7 L= egislative Update)
SB 964 (Knight): Dead - Failed Passage from its House of Origin (p. 3 of 9= 7-7 Legislative Update)
1997 Priorities: Access to Healthcare & Services/Managed Care AB 7 (Brown): Pending Senate Floor Vote (p. 4 of 97-7 Legislative = Update)
AB 12 (Figueroa): Action Deferred on Senate Amendments (p. 4 of 97-7 Legisl= ative Update)
AB 269 (Ortiz) Pending Senate Insurance (p. 5 of 97-7 Legislative Update)<= BR> AB 341 (Sweeney) Pending Senate Floor Vote (p. 5 of 97-7 Legislative Update= )
AB 434 (Gallegos) Pending Senate Insurance (p. 6 of 97-7 Legislative Update= )
AB 497 (Wildman) Pending Senate Insurance (p. 6 of 97-7 Legislative Update)=
AB 663 (Ortiz) Pending Senate Appropriations (p. 6 of 97-7 Legislative Upd= ate)
AB 1100 (Thomson) Pending Senate Floor Vote (p. 7 of 97-7 Legislative Updat= e)
AB 1208 (Migden) Pending Senate Health (p. 7 of 97-7 Legislative Update) PAGE 9********************************
AB 1298 (Villaraigosa) Pending Assembly Concurrence Vote (p. 8 of 97-7 Legi= slative Update)
SB 324 (Rosenthal) Pending Assembly Appropriations (p. 9 of 97-7 Legislativ= e Update)
SB 1084 (Watson) Dead - Failed to Pass its House of Origin (p. 9 of 97-7 Le= gislative Update)
1997 Priorities: HIV Prevention/Education/Harm Reduction
SB 560 (Hayden) Failed in the Assembly (p. 10 of 97-7 Legislative Upda= te)
SB 862 (Lee) Pending Assembly Appropriations (p. 10 of 97-7 Legislative Up= date)
Other Issues:
a) Medical Insurance for the Uninsured
AB 534 (Thomson) Pending Conference Committee Report (p. 14 of 97-7 Legisla= tive Update)
AB 1112 (Gallegos) Pending Conference Committee Report (p. 14 of 97-7 Legis= lative Update)
AB 1430 (Figueroa) Pending Conference Committee Report (p. 15 of 97-7 Legis= lative Update)
SB 954 (Rosenthal) Pending Conference Committee Report (p. 15 of 97-7 Legis= lative Update)
b) Miscellaneous Insurance Issues
SB 393 (Rosenthal) Pending Assembly Floor Vote (p. 16 of 97-7 Legislative U= pdate)
SB 462 (Rosenthal) Dead - Failed Passage from its House of Origin (p. 16 of= 97-7 Legislative Update)
c) Medical Liability Issues
AB 250 (Kuehl) Died on Inactive File (p. 18 of 97-7 Legislative Update) AB 1220 (Migden) Dead - Failed Passage from its House of Origin (p. 18 of 9= 7-7 Legislative Update)
d) Medi-Cal and AFDC Related
AB 426 (Gallegos) Pending Senate Floor Vote (p. 18 of 97-7 Legislative Upda= te)
e) Prevention-Related Items
SB 274 (Watson) Passed Senate. To Assembly. (p. 19 of 97-7 Legislative U= pdate)
VETOED BILLS
AB 49 (Murray) Pending Consideration of Veto (p. 15 of 97-7 Legisl= ative Update)
AB 536 (Gallegos) Veto Sustained (p. 6 of 97-7 Legislative Update)
AB 600 (Kuehl) Pending Consideration of Veto (p. 9 of 97-7 Legislative Upd= ate)
AB 794 (Figueroa) Pending Consideration of Veto (p. 7 of 97-7 Legislative U= pdate)
AB 967 (Migden) Veto Sustained (p. 2 of 97-7 Legislative Update)
AB 1099 (Migden) Pending Consideration of Veto, on or before 3/5/98 (p. 3 o= f 97-7 Legislative Update)
AB 1341 (Alquist) Pending Consideration of Veto, on or before 3/5/98 (p. 8 = of 97-7 Legislative Update)
SB 253 (Burton) Veto Sustained (p. 8 of 97-7 Legislative Update)
SB 1007 (Vasconcellos) Veto Sustained (p. 11 of 97-7 Legislative Update) SB 1035 (Polanco) Pending Consideration of Veto, on or before 3/5/98 (p. 4 = of 97-7 Legislative Update)
CHAPTERED BILLS
AB 29 (Villaraigosa) Ch. 751, '97 Statutes (p. 13 of 97-7 Legislati= ve Update)
AB 38 (Figueroa) Ch. 389, '97 Statutes (p. 5 of 97-7 Legislative Update) AB 489 (Figueroa) Ch. 440, '97 Statutes (p. 16 of 97-7 Legislative Update)<= BR> AB 995 (Pacheco) Ch. 591, '97 Statutes (p. 19 of 97-7 Legislative Update)<= BR> AB 1126 (Villaraigosa) Ch. 623, '97 Statutes (p. 14 of 97-7 Legislative Upd= ate)
SB 163 (Solis) Ch. 795, '97 Statutes (p. 18 of 97-7 Legislative Update) SB 719 (Johnston) Ch. 665, '97 Statutues (p. 16 of 97-7 Legislative Update)=
SB 1137 (Kopp) Ch. 278, '97 Statutues (p. 17 of 97-7 Legislative Update) SB 1262 (Johnston) Ch. 496, '97 Statutes (p. 17 of 97-7 Legislative Update)=
PAGE 10***************************************
Index of Active Bills
AB 20 p. 6
AB 610 p. 6
AB 818 p. 2
AB 881 p. 2
AB 1052 p. 6
AB 1137 p. 6
AB 1663 p. 7
AB 1711 p. 5
AB 1726 p. 5
AB 1805 p. 5
AB 1868 p. 3
AB 1941 p. 5
SB 535 p. 7
SB 705 p. 3
SB 885 p. 4
SB 1110 p. 4
SB 1301 p. 4
SB 1385 p. 3
SB 1494 p. 5
***************************************************************************= ***
This legislative update has been brought to you by LIFE: California's L= esbian, Gay, Bisexual, Transgender and HIV/AIDS Lobby. LIFE has been lobbyi= ng on behalf of California's lesbian, gay, bisexual, transgender and HIV-aff= ected communities since 1986. Our organization is the oldest and largest in= stitution representing these communities in California's State Capitol and i= s proud to celebrate over a decade of service. If you would like further in= formation about LIFE's activities, events or membership, please contact our = office at:
LIFE: California's Lesbian, Gay, Bisexual, Transgender & HIV/AIDS Lobb= y
1301 H Street
Sacramento, California 95814-1906
Phone: 916-444-0424 Fax: 916-444-3059
E-Mail: life.info@lifelobby.org =13Website: http://www.lifelobby.org
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