NEEDLE SWAPS MADE LEGAL

Davis: The Controversial Measure Was Among Dozens Of Bills Signed Or Vetoed.

Racing against a looming deadline, Gov. Gray Davis over the weekend accepted
and rejected a flurry of proposed legislation.

Among the bills that will become law: a measure to allow local cities and
counties to operate the state's first clearly legal needle exchange programs.

Among those rejected: a bill that would have required high school students
to take parenting classes.

The needle-exchange measure will permit municipalities to establish such
programs after declaring a public health emergency, and it exempts cities
and counties and medical personnel from criminal prosecution for
distributing syringes without prescriptions.

It goes into effect Jan. 1.

The legislation, sponsored by Assemblywoman Kerry Mazzoni, D-San Rafael, and
signed into law Saturday, had been closely watched by local public-health
officials and AIDS educators who for years have lobbied for exchange
programs as a way to curb the spread of HIV and hepatitis C among drug
addicts who share needles.

Opponents have argued that such programs send mixed messages to children and
teenagers about illegal drug use.

Santa Clara County's health officer, Dr. Martin D. Fenstersheib, one of many
local public officials who advocate the need for needle exchanges, said he
will recommend that the board of supervisors take an active role in funding
and establishing an exchange program.

``It's always a very good public health policy to do this, as part of an
overall prevention program,'' Fenstersheib said Sunday.

The county established a program in the mid-1990s but withdrew funding after
then-state Attorney General Dan Lungren ruled it was illegal. Since then, a
number of volunteers have run an underground program known as AIDS Resources
and Information Service, which last year traded 100,000 clean needles for
used ones in Santa Clara County.

The legislation signed over the weekend was trimmed down at Davis's request.

Mazzoni's original bill, for example, proposed state authorization for
cities and counties to adopt exchange programs that would allow medical
personnel to distribute needles and drug addicts to accept them. Instead,
Davis demanded a program that only would exempt communities and medical
personnel, not drug users, from prosecution for setting up and participating
in needle exchange programs.

In addition, Davis insisted that municipalities declare local health
emergencies in order to operate programs. Four California cities -- Santa
Cruz, San Francisco, Berkeley and Los Angeles -- and Marin County already
have adopted emergency ordinances to help fight AIDS. In San Francisco, the
board of supervisors declares an emergency every two weeks.

Joey Tranchina, who runs a needle exchange program on the Peninsula, said
the new legislation doesn't go far enough.

``It's just the kind of half measure that betrays lack of commitment to
principle,'' said Tranchina, executive director of AIDS prevention action
network. ``They're looking at this the wrong way, as always.

``This is not about the drug war which failed already on its own merits;
this is about public health.''

Other legislation

Before his Sunday night deadline, in which he completed his review of
hundreds of bills sent to him by the Legislature last month, Davis also:

Vetoed a bill by Sen. John Vasconcellos, D-San Jose, that would have
required students in grades 9 through 12 to receive parenting education.

Signed a bill that requires the state Department of Health Services to adopt
regulations establishing nurse-to-patient ratios for all hospitals, as
presently exist for intensive care units and operating rooms. Sponsored by
Assemblywoman Sheila Kuehl, D-Encino, the measure also prohibits hospitals
from requiring unlicensed and minimally trained personnel to perform certain
nursing duties.

Signed a bill authorizing stricter controls on telephone area code overlays
and splits by directing the state Public Utilities Commission to allocate
phone numbers to carriers more efficiently. Davis asked the PUC to reverse
its plans for overlays and 11-digit dialing in San Jose, Los Angeles, San
Diego and other communities pending further studies.

Vetoed a bill ordering a study of the cost and benefits of California's
six-year-old three-strikes prison sentencing law, which requires terms of 25
years to life for a third felony conviction.

Signed a bill by Assemblywoman Carole Migden, D-San Francisco, guaranteeing
teachers in charter schools in local public school districts the right to
unionize.

Required gasoline producers to remove MTBE, methyl tertiary butyl ether,
``at the earliest possible date.'' Davis had issued an executive order
earlier this year requiring the additive be phased out by the end of 2002.
He also signed two related bills requiring a review of new fuel formulas and
tracking the use of MTBE by refineries.

Refused to allow judges to decide whether $100 penalties would be imposed on
state agencies that violate open-records law. By vetoing the bill, sponsored
by state Sen. Byron Sher, D-Redwood City, Davis also refused to allow the
state Attorney General's office to issue advisories on the validity of
open-records complaints.

Conflict of interest

In explaining his veto, Davis said he had signed a separate bill that made
it impossible for him to sign the public-records bill without creating
conflicts of interest. The separate bill requires state agencies to obtain
legal counsel only from the attorney general or his employees.

Vetoed a bill that would have allowed people to have attorneys with them in
grand jury proceedings.

Signed a bill by state Sen. John Burton, D-San Francisco, making it illegal
to discriminate in housing on the basis of source of income.

Signed a bill increasing penalties for state employees who have consensual
sexual relations with prison inmates or California Youth Authority wards.

Signed a bill by Assemblywoman Dion Aroner, D-Berkeley, eliminating current
requirements that victims of sexual harassment must ask the harasser to stop
the offensive conduct before filing legal charges against him or her.

Mercury News wire services contributed to this report.

Contact Edwin Garcia at egarcia@sjmercury.com or (408) 920-5432.