BILL NUMBER: AB 2104	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2010
	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 18, 2010

    An act to amend Section 4003 of, and to add Section
4008.1 to, the Business and Professions Code, relating  
An act to amend Section 4003 of the Business and Professions Code,
relating  to pharmacy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2104, as amended, Hayashi. California State Board of Pharmacy.
   Existing law, the Pharmacy Law, provides for the licensure and
regulation of the practice of pharmacy by the California State Board
of Pharmacy within the Department of Consumer Affairs.  Under
existing law, the board is comprised of 13 members and the Governor
appoints 11 of those members and one member each is appointed by the
Senate Committee on Rules and the Speaker of the Assembly. 
 The department is under the control of the Director of Consumer
Affairs.  Existing law authorizes the board to appoint a person
exempt from civil service designated as the executive officer who
performs the duties delegated by the board.  Under existing
law, the executive officer may or may not be a member of the board,
as determined by the board. Existing law prohibits any board from
submitting to the Legislature any fiscal impact analysis relating to
legislation pending before the Legislature until the analysis has
been submitted to the Director of Consumer Affairs for review and
comment. 
   This bill would instead authorize the  Governor 
 board  to appoint the executive officer  and would
authorize the Governor to determine whether the executive officer may
or may not be a member of the board. The bill would require the
board to submit to the Department of Consumer Affairs and receive
prior approval for every piece of state legislation the board seeks
to sponsor, support, or oppose and would require that same submittal
and approval process after subsequent substantive amendments to
legislation   with the approval of the director  .

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4003 of the Business and Professions Code is
amended to read:
   4003.  (a) The  Governor   board, with the
approval of the director,  may appoint a person exempt from
civil service who shall be designated as an executive officer and who
shall exercise the powers and perform the duties delegated by the
board and vested in him or her by this chapter. The executive officer
may or may not be a member of the board as the  Governor
  board  may determine.
   (b) The executive officer shall receive the compensation as
established by the board with the approval of the Director of
Finance. The executive officer shall also be entitled to travel and
other expenses necessary in the performance of his or her duties.
   (c) The executive officer shall maintain and update in a timely
fashion records containing the names, titles, qualifications, and
places of business of all persons subject to this chapter.
   (d) The executive officer shall give receipts for all money
received by him or her and pay it to the  Department of
Consumer Affairs   department  , taking its receipt
therefor. Besides the duties required by this chapter, the executive
officer shall perform other duties pertaining to the office as may
be required of him or her by the board.
   (e) In accordance with Sections 101.1 and 473.1, this section
shall remain in effect only until January 1, 2013, and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1, 2013, deletes or extends that date. 
  SEC. 2.    Section 4008.1 is added to the Business
and Professions Code, to read:
   4008.1.  The board shall submit to the department and receive
prior approval for every piece of state legislation the board seeks
to sponsor, support, or oppose. The board shall resubmit and receive
subsequent approval from the department on the same legislation after
any substantive amendments.