Arnold On HIV-related Legislation

The Governor didn't veto all the good legislation passed by the Democratic-dominated State Legislature in the last session. Apart from the numerous gay rights measures I have mentioned earlier, he also approved some important HIV-related legislation: AB 228 (Koretz), AB 547 (Berg) and AB 1142 (Dymally).

AB 228. This bill would prevent insurance companies from discriminating against HIV-positive individuals from receiving medically necessary organ donations. It doesn't go as far as a bill which was signed into law in Illinois and played a prominent role in an episode of NBC's E.R. last year which allows HIV+ organ donors to transplant to other HIV+ organ recipients. Currently HIV+ organs can not be transplanted into anyone, according to the way the United Network of Organ Sharing administrates the organ donation waiting list. HIV and organ transplantation is an intriguing topic of future research.

AB 547. This bill by Assemblymember Patty Berg would allow localities to run syringe exchange programs without declaring public health emergencies every two weeks. Previously counties which wanted to run needle exchange (which has been scientifically proven to be an effective HIV prevention measure) had to declare public health emergencies of limited duration. Last year, the Governor vetoed a bill almost identical to AB 547, this year he vetoed one which would have allowed state monies to be used to fund needle exchange.

AB 1142. This bill by Mel Dymally would establish a statewide African American HIV/AIDS Initiative by coordinating a response to the disproportionate impact of HIV/AIDS on Blacks in five regions of the state: Los Angeles, the Inland Empire, San Diego, the Bay Area and the Sacramento/Central Valley area.

Also, importantly there was no bill (SB 945 died earlier) passed by the Legislature to switch California's HIV surveillance system to a mandatory names-based system as the CDC in Atlanta has been pressuring states to do before the Ryan White CARE Act is re-authorized (the law expired on September 30 but is expected to be re-authorized for another 5 years early in Spring 2006). There's still a very healthy debate going on within AIDS activist circles as to whether a switch to names-based reporting is necessary, what the implications of such a switch would be and what protections should be coupled with such a significant change in public health policy.

In addition, thanks to State Senate Leader Don Perata, AB 1677 (Koretz), which would have allowed non-profit organizations to go into the state prison system and distribute condoms was permanently stalled in a Senate committee in September after passing the Assembly in June.