Today's Law As Amended

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AB-1793 Public health: federal funding: public health emergencies.(2011-2012)



SECTION 1.

 Section 101315 of the Health and Safety Code is amended to read:

101315.
 (a) Federal funding received by the State Department of Public Health for public health emergency  bioterrorism  preparedness and emergency  response is subject to appropriation in the annual Budget Act or other statute, commencing with the 2003–04 fiscal year.
(b) This article governs  shall govern  those instances when federal funding is allocated and expended for public health emergency  preparedness and response by local health jurisdictions, hospitals, long-term health care facilities, clinics, emergency medical systems, and poison control centers, or their trade associations,  centers  for the prevention of, and response to, bioterrorist attacks and other public health emergencies pursuant to the federally approved collaborative state-local plan.
(c) A local health jurisdiction shall be ineligible to receive funding from appropriations made for purposes of this article when that local health jurisdiction receives directly or through another local jurisdiction federal funding for the same purposes. Moneys appropriated for purposes of this article that would have been allocated to a local health jurisdiction that is ineligible, pursuant to this subdivision, to receive funding shall be allocated, as provided in Section 101317, among the remaining local health jurisdictions that are eligible.
(d) Funds appropriated for the purposes of this article shall not be used to supplant funding for existing levels of service and shall only be used for purposes specified in Section 101317.
(e) This article shall apply only when local health jurisdictions, hospitals, long-term health care facilities, clinics, emergency medical systems, and poison control centers, or their trade associations  centers  are designated by a federal or state agency to manage the funds for public health emergency  preparedness and response to bioterrorist attacks and other public health emergencies, pursuant to the federally approved collaborative state-local plan.

SEC. 2.

 Section 101319 of the Health and Safety Code is amended to read:

101319.
 Due to the need to rapidly implement, and to provide local health jurisdictions, hospitals, long-term health care facilities, clinics, emergency medical systems, and poison control centers, or their trade associations,  centers  with timely funding for the purposes of, this article, funds appropriated in the annual Budget Act or some other act for purposes of this article for the 2002–03 fiscal year and subsequent fiscal years shall be allocated through the use of agreements, which shall not be subject to Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.

SEC. 3.

 Section 101320 of the Health and Safety Code is repealed.

SEC. 4.
 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 public health threats by preventing the lapse of provisions relating to the allocation and expenditure of federal funds for public health emergency preparedness programs, it is necessary for this act to take effect immediately.