Senate OKs Measure Urging AIDS Vaccine Development

A measure designed to encourage the development and production of an AIDS vaccine easily won Senate approval Thursday on a 34-0 vote.

The bill, by Assemblyman John Vasconcellos (D-Santa Clara), would provide $6 million for testing any promising vaccines developed by California companies. The measure also limits the liability of vaccine manufacturers, creates a fund to pay damages to those who might be injured by the product and guarantees the purchase of at least 500,000 doses of vaccine that is approved for marketing.

The proposal appeared headed for quick final approval in the Assembly, and Gov. George Deukmejian has already indicated he looks favorably on the measure.

The bill is an attempt to eliminate obstacles that in recent years have discouraged the production of any new vaccines. The bill’s supporters contend that the development of a vaccine is the best hope for halting the AIDS epidemic--what many public health officials regard as the worst public health problem of the century.

“It looks like a green light,” declared Vasconcellos, who pointed to support by the California Trial Lawyers Assn. as a sign that the vaccine bill would succeed. In the past, the group has vigorously fought off attempts to limit liability. The bill would eliminate a manufacturer’s financial responsibility if courts rule that an AIDS vaccine is “unavoidably dangerous.” Victims could, however, make claims against a state fund paid for from a $10-per-dose fee on the sale of the vaccine.

A related AIDS bill, one that provides $4 million in loans for basic AIDS vaccine research, may have run aground in the Assembly after sailing out of the Senate earlier this week. The bill, by Assemblyman William J. Filante (R-Greenbrae), would require a special rule waiver before it can receive a final vote in the Democratic-controlled Assembly.

On a 25-5 vote, the Senate also handily approved a measure that would explicitly ban discrimination against AIDS patients in housing and employment. The bill, by Assemblyman Art Agnos (D-San Francisco), is similar to a proposal vetoed earlier this year by Deukmejian, who has said he would not reconsider his initial decision.

Deukmejian argued that existing law already amply protects AIDS victims against discrimination.

But earlier this month, in a major AIDS discrimination case, a hearing officer for the state Employment and Housing Commission ruled that AIDS is not a condition covered by existing laws that protect the physically handicapped. That ruling is subject to review by the commission, but the Agnos bill would take precedence over any regulatory ruling.