BILL NUMBER: SB 769 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2010
AMENDED IN ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN ASSEMBLY JULY 14, 2009
AMENDED IN ASSEMBLY JUNE 30, 2009
AMENDED IN SENATE MAY 28, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Alquist
FEBRUARY 27, 2009
An act to amend Section 101320 of, and to add Sections
101318 and 101318.5 to , the Health and Safety Code,
relating to federal funding , making an appropriation therefor
, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 769, as amended, Alquist. Federal funding: supplemental
appropriations: pandemic flu.
Existing law establishes procedures and requirements to govern the
allocation to, and expenditure by, local health jurisdictions of
federal funding received for the prevention of, and response to,
bioterrorist attacks and other public health emergencies. Existing
law provides that these procedures apply only when local health
jurisdictions are designated by a federal or state agency to manage
the funds for public health preparedness and response to bioterrorist
attacks and other public health emergencies, pursuant to a specified
federally approved plan. Existing law repeals these provisions as of
January 1, 2011, as specified.
This bill would extend the repeal date to January 1, 2013,
and would , commencing with the 2009-10 fiscal year, provide
that federal funding received pursuant to the federal 2009
Supplemental Appropriations Act for pandemic flu for purposes of
state and local public health and emergency response infrastructure
would be subject to appropriation by the Legislature for allocation
by the State Department of Public Health, as prescribed.
This bill would also require the department to use funds allocated
pursuant to the 2009 Supplemental Appropriations Act, as specified,
to expand the capacity of the California Health Alert Network, or
another appropriate communications network, in a manner that would
allow the department to communicate electronically and in a timely
manner with every general acute care hospital and primary care clinic
in the state during a public health emergency.
By expanding the purposes for which an existing appropriation may
be used, this bill would make an appropriation.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no yes .
Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Legislature intends to ensure that federal funds granted
for the purpose of emergency preparedness for responding to a
pandemic flu outbreak are distributed appropriately to local public
health jurisdictions.
(b) The public health infrastructure and workforce at the local
level are the first line of defense against communicable disease.
Without proper personnel in place, a response to the H1N1 flu virus
or any other public health threat is significantly weakened.
SEC. 2. Section 101318 is added to the Health and Safety Code, to
read:
101318. (a) Commencing with the 2009-10 fiscal year, federal
funding received pursuant to the 2009 Supplemental Appropriations Act
(Public Law 111-32) for pandemic flu for purposes of state and local
public health and emergency response infrastructure, including, but
not limited to, epidemiology, communicable disease response,
workforce, laboratory capacity, public communications, and community
mitigation guidance and planning, shall be subject to appropriation
by the Legislature in the annual Budget Act or other statute for
allocation by the department in accordance with this article.
(b) This article shall govern instances when federal funding is
allocated and expended for disease control and prevention activities
by the state and local health jurisdictions.
(c) The proportion of funds allocated to local health
jurisdictions shall be the same as at least
the proportion stipulated in the 2008-09 federally approved
collaborative state-local plan unless stipulated otherwise by
federal law or guidance .
(d) The department may establish a minimum allocation of less than
one hundred thousand dollars ($100,000) to local health
jurisdictions, if the department consults with the California
Conference of Local Health Officers and the County Health Executives
Association of California.
SEC. 3. Section 101318.5 is added to the Health and Safety Code,
to read:
101318.5. Using funds allocated pursuant to the 2009 Supplemental
Appropriations Act (Public Law 111-32), and to the extent permitted
by federal law, the department shall expand the capacity of the
California Health Alert Network, or another appropriate
communications network, in a manner that allows the department to
communicate electronically and in a timely manner with every general
acute care hospital and primary care clinic in the state during a
public health emergency.
SEC. 4. Section 101320 of the Health
and Safety Code is amended to read:
101320. This article shall become inoperative on September 1,
2010 2012 , and, as of January 1,
2011 2013 , is repealed, unless a later
enacted statute that is enacted before January 1, 2011
2013 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 4. SEC. 5. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to ensure an adequate and timely response to the H1N1
virus and other public health threats, it is necessary for this act
to take effect immediately.