BILL NUMBER: AB 1368	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 27, 2009

   An act to amend Section 131055 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1368, as introduced, Adams. Public health.
   Existing law creates, within the California Health and Human
Services Agency, the State Department of Public Health. The
department is vested with duties, powers, purposes, functions,
responsibilities, and jurisdiction relating to public health,
licensing and certification of health facilities, and various other
programs, as specified.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

   AB 1368, as introduced, Adams. Public health.
   Existing law creates, within the California Health and Human
Services Agency, the State Department of Public Health. The
department is vested with duties, powers, purposes, functions,
responsibilities, and jurisdiction relating to public health,
licensing and certification of health facilities, and various other
programs, as specified.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.

   AB 1368, as introduced, Adams. Public health.
   Existing law creates, within the California Health and Human
Services Agency, the State Department of Public Health. The
department is vested with duties, powers, purposes, functions,
responsibilities, and jurisdiction relating to public health,
licensing and certification of health facilities, and various other
programs, as specified.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 131055 of the Health and Safety Code is amended
to read:
   131055.  (a) All regulations and orders adopted by the former
State Department of Health Services and any of its predecessors in
effect immediately preceding the operative date of this section shall
remain in effect and shall be fully enforceable unless and until
readopted, amended, or repealed, or until they expire by their own
terms. Any action by or against the former State Department of Health
Services or any of its predecessors pertaining to matters vested in
the State Department of Public Health by this chapter shall not abate
but shall continue in the name of the State Department of Public
Health, and the State Department of Public Health shall be
substituted for the former State Department of Health Services and
any of its predecessors by the court wherein the action is pending.
The substitution shall not in any way affect the rights of the
parties to the action.
   (b) On and after the operative date of this section, the
unexpended balance of all funds available for use by the former State
Department of Health Services or any of its predecessors in carrying
out any functions transferred to the State Department of Public
Health shall be available for use by the State Department of Public
Health.
   (c) All books, documents, records, and property of the former
State Department of Health Services pertaining to functions
transferred to the  State  Department of Public Health shall
be transferred to the State Department of Public Health.
   (d) On and after the operative date of this section, positions
other than that of the State Public Health Officer and the Chief
Deputy filled by appointment by the Governor in the former State
Department of Health Services whose principal assignment was to
perform functions transferred to the State Department of Public
Health shall be transferred to the State Department of Public Health.
Individuals in positions transferred pursuant to this section shall
serve at the pleasure of the Governor. Salaries of positions
transferred shall remain at the level established pursuant to law
unless otherwise provided.
   (e) Every officer and employee of the former State Department of
Health Services who is performing a function transferred to the State
Department of Public Health and who is serving in the state civil
service, other than as a temporary employee, shall be transferred to
the State Department of Public Health pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of any officer or employee of the former State Department of
Health Services shall not be affected by the transfer and shall be
retained by the person as an officer or employee of the State
Department of Public Health, as the case may be, pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to a
position that is exempt from civil service.
  SECTION 1.  Section 131055 of the Health and Safety Code is amended
to read:
   131055.  (a) All regulations and orders adopted by the former
State Department of Health Services and any of its predecessors in
effect immediately preceding the operative date of this section shall
remain in effect and shall be fully enforceable unless and until
readopted, amended, or repealed, or until they expire by their own
terms. Any action by or against the former State Department of Health
Services or any of its predecessors pertaining to matters vested in
the State Department of Public Health by this chapter shall not abate
but shall continue in the name of the State Department of Public
Health, and the State Department of Public Health shall be
substituted for the former State Department of Health Services and
any of its predecessors by the court wherein the action is pending.
The substitution shall not in any way affect the rights of the
parties to the action.
   (b) On and after the operative date of this section, the
unexpended balance of all funds available for use by the former State
Department of Health Services or any of its predecessors in carrying
out any functions transferred to the State Department of Public
Health shall be available for use by the State Department of Public
Health.
   (c) All books, documents, records, and property of the former
State Department of Health Services pertaining to functions
transferred to the  State  Department of Public Health shall
be transferred to the State Department of Public Health.
   (d) On and after the operative date of this section, positions
other than that of the State Public Health Officer and the Chief
Deputy filled by appointment by the Governor in the former State
Department of Health Services whose principal assignment was to
perform functions transferred to the State Department of Public
Health shall be transferred to the State Department of Public Health.
Individuals in positions transferred pursuant to this section shall
serve at the pleasure of the Governor. Salaries of positions
transferred shall remain at the level established pursuant to law
unless otherwise provided.
   (e) Every officer and employee of the former State Department of
Health Services who is performing a function transferred to the State
Department of Public Health and who is serving in the state civil
service, other than as a temporary employee, shall be transferred to
the State Department of Public Health pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of any officer or employee of the former State Department of
Health Services shall not be affected by the transfer and shall be
retained by the person as an officer or employee of the State
Department of Public Health, as the case may be, pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to a
position that is exempt from civil service.
  SECTION 1.  Section 131055 of the Health and Safety Code is amended
to read:
   131055.  (a) All regulations and orders adopted by the former
State Department of Health Services and any of its predecessors in
effect immediately preceding the operative date of this section shall
remain in effect and shall be fully enforceable unless and until
readopted, amended, or repealed, or until they expire by their own
terms. Any action by or against the former State Department of Health
Services or any of its predecessors pertaining to matters vested in
the State Department of Public Health by this chapter shall not abate
but shall continue in the name of the State Department of Public
Health, and the State Department of Public Health shall be
substituted for the former State Department of Health Services and
any of its predecessors by the court wherein the action is pending.
The substitution shall not in any way affect the rights of the
parties to the action.
   (b) On and after the operative date of this section, the
unexpended balance of all funds available for use by the former State
Department of Health Services or any of its predecessors in carrying
out any functions transferred to the State Department of Public
Health shall be available for use by the State Department of Public
Health.
   (c) All books, documents, records, and property of the former
State Department of Health Services pertaining to functions
transferred to the  State  Department of Public Health shall
be transferred to the State Department of Public Health.
   (d) On and after the operative date of this section, positions
other than that of the State Public Health Officer and the Chief
Deputy filled by appointment by the Governor in the former State
Department of Health Services whose principal assignment was to
perform functions transferred to the State Department of Public
Health shall be transferred to the State Department of Public Health.
Individuals in positions transferred pursuant to this section shall
serve at the pleasure of the Governor. Salaries of positions
transferred shall remain at the level established pursuant to law
unless otherwise provided.
   (e) Every officer and employee of the former State Department of
Health Services who is performing a function transferred to the State
Department of Public Health and who is serving in the state civil
service, other than as a temporary employee, shall be transferred to
the State Department of Public Health pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of any officer or employee of the former State Department of
Health Services shall not be affected by the transfer and shall be
retained by the person as an officer or employee of the State
Department of Public Health, as the case may be, pursuant to the
State Civil Service Act (Part 2 (commencing with Section 18500) of
Division 5 of Title 2 of the Government Code), except as to a
position that is exempt from civil service.