Pubdate: Sun, 10 Oct 1999 Source: San Francisco Examiner (CA) Copyright: 1999 San Francisco Examiner Contact: http://www.examiner.com/ Forum: http://examiner.com/cgi-bin/WebX Author: Robert Salladay DAVIS OKS WATERED-DOWN NEEDLE LAW SACRAMENTO - San Francisco, Berkeley, Marin County and other communities can legally continue their needle-exchange programs for intravenous drug addicts, under a measure signed Saturday by Gov. Davis. The measure was one of dozens the Democratic governor acted upon as he worked through the weekend, facing a midnight Sunday deadline. He also signed bills outlawing the use of laser pointers in a threatening manner, expanding the state's recycling program, and expanding Medi-Cal benefits for AIDS patients and the disabled. The needle exchange bill is significantly weaker than the version originally sent to him by the Legislature. Davis had said he would veto that bill because he believed it sent a mixed message to children and teenagers about illegal drug use. The original bill would have sanctioned needle exchange programs in any California community that wanted one and made sweeping statments about the effectiveness of needle exchange programs. The new law simply exempts cities like San Francisco and its employees from criminal prosecution if they distribute hypodermic needles or syringes - under emergency orders approved by local officials. The law, which goes into effect Jan. 1, isn't as bold as some Bay Area leaders had hoped. "It's half a loaf," said San Francisco Board of Supervisors President Tom Ammiano. "It's less comprehensive and a lot more cumbersome. I get frustrated because there is this preponderance of evidence that needle-exchange programs work. There are lives at stake. . . . This is an important first step, but basically let's just say it's bittersweet." Under the new law, San Francisco must continue to declare a state of emergency over the AIDS epidemic every 14 days, a legal hoop other cities haven't been willing to take because their lawyers fear prosecution from the state. Berkeley, Marin County, Santa Cruz and Los Angeles also run programs under emergency orders. The new law would free more timid communities in California to start their own programs. Officials in Contra Costa and Sacramento counties have said they would start needle-exchange programs if they had legal cover, and now they do. But Ammiano said he feared other communities would not be as supportive as San Francisco, which could mean long political debates every two weeks that a city council or board of supervisors is forced to declare a state of emergency. San Francisco distributes about 2 million clean needles every year working with a local budget of about $580,000. That money also buys educational materials and referrals to drug-abuse treatment programs for anyone willing to listen at the exchange sites. Other programs run illegally but with the tacit consent of local law enforcement. Whether a city has a program depends greatly on the views of local political authorities and the local district attorney. The new law was written by Assemblywoman Kerry Mazzoni, D-Novato, who said she was willing to accept Davis' amendments because they showed progress after 16 years of Republican governors who consistently vetoed needle-exchange legalization. Six federally funded studies have shown needle programs reduce HIV transmission without increasing drug use. But Barry McCaffrey, director of the White House Office of National Drug Control Policy, has been an outspoken opponent to the programs, which operate in about 100 U.S. cities. Among other measures the governor signed: * A bill making it a misdemeanor - punishable by up to 30 days in jail - for directing a laser scope or laser pointer at anyone in a threatening manner. The bill also makes it an infraction - with a fine of $50 or four hours of community service - to aim laser pointers at another person's eyes, at a dog's eyes, or into a moving vehicle. The law also forbids selling laser pointers to minors. Elementary and junior high school students also could not take the pointers to school. The law was written after a 34-year-old San Jose man was arrested last year for racing down a foggy stretch of U.S. 101 at up to 100 mph, zigzagging through traffic and flashing a laser light at other drivers before causing a five-car pileup that left four teenagers dead. * A bill allowing AIDS patients and others considered disabled under federal law to return to work without losing Medi-Cal benefits because their income has increased. The bill, written by Assemblywoman Carole Migden, D-San Francisco, requires the state Department of Health Services to increase, by April 2000, the income eligibility for working disabled people. The new eligibility would be 250 percent of the poverty level. Migden has said new AIDS treatments, such as protease inhibitors, have improved the health of people. many of whom may want to return to work. But the fear of losing Medi-Cal health benefits or not being able to access these drug treatments because their jobs may not provide health insurance prevents many people from actually seeking work. Davis said his goal is "to enable people with disabilities to return to work and become fully engaged and productive citizens." Former Gov. Pete Wilson vetoed a similar bill by Migden last year. * A bill expanding California's beverage container recycling program to include all plastic containers, including those for water, sports drinks, juice, teas and coffee. Recycling proponents have said the original law needed to be modified to accommodate the changing habits of consumers. The expanded program, which also takes effect in January, is expected to add about 2 billion new containers a year to the 12 billion currently eligible. * A measure to pay $620,000 in restitution - tax free - to Kevin Lee Green, who was wrongfully accused of second-degree murder for killing his unborn child and attempted murder of his wife. He served nearly 17 years in maximum-security prisons until DNA tests confirmed he was not the killer. Another man subsequently confessed to the crime, was convicted and now sits on death row. * A measure attempting to slow down the proliferation of area codes. Davis said he wanted to avoid "the costly and confusing area code overlays" that have drawn criticism from consumers. The bill requires the state Public Utilities Commission to allocate phone numbers to carriers more efficiently, a move the governor said would hold down the number of new area codes. The governor also asked the PUC to reverse its plans for overlays and 11-digit dialing in Los Angeles, San Diego, San Jose and other communities pending further studies. Davis vetoed a bill that would have allowed fines to be levied against public agencies that break California's open records law. Under the bill, a judge would have decided whether $100-per-day penalties would be imposed. The bill also called for the state attorney general's office to issue advisories on the validity of open-records complaints. In Davis's explanation for the veto issued Saturday, the governor said he had signed a separate bill that made it impossible for him to sign the public records bill without creating conflicts of interest. First Amendment advocates had hoped the bill would go a long way toward winning compliance from agencies that ignore California's open records law. The California Public Records Act makes all state and local government records available to the public and press, with some exceptions. - --- MAP posted-by: Richard Lake