11751
. (a) Except as provided in Section 131055.2, the State
Department of Health Care Services shall succeed to and be vested
with all the duties, powers, purposes, functions, responsibilities,
and jurisdiction of the former State Department of Alcohol and Drug
Programs.
(b) Any reference in statute, regulation, or contract to the State
Department of Alcohol and Drug Programs or the State Department of
Alcohol and Drug Abuse shall refer to the State Department of Health
Care Services to the extent that they relate to the transfer of
duties, powers, purposes, functions, responsibilities, and
jurisdiction made pursuant to this section.
(c) A contract, lease, license, or any other agreement to which
the State Department of Alcohol and Drug Programs is a party shall
not be made void or voidable by reason of the act that enacted this
section, but shall continue in full force and effect with the State
Department of Health Care Services assuming all of the rights,
obligations, and duties of the State Department of Alcohol and Drug
Programs with respect to the transfer of duties, powers, purposes,
functions, responsibilities, and jurisdiction made pursuant to this
section.
(d) (1) All unexpended balances of appropriations and other funds
available for use by the State Department of Alcohol and Drug
Programs in connection with any function or the administration of any
law transferred to the State Department of Health Care Services
pursuant to the act that enacted this section shall be available for
use by the State Department of Health Care Services for the purpose
for which the appropriation was originally made or the funds were
originally available.
(2) The State Department of Health Care Services may, until July
1, 2017, liquidate the prior years' encumbrances previously obligated
by the former State Department of Alcohol and Drug Programs. The
Controller shall transfer the following Budget Act appropriations
from the former State Department of Alcohol and Drug Programs to the
State Department of Health Care Services for use by the State
Department of Health Care Services to liquidate the prior years'
encumbrances previously obligated by the former State Department of
Alcohol and Drug Programs:
(A) Items 4200-001-0001, 4200-001-0139, 4200-001-0243,
4200-001-0816, 4200-001-0890, 4200-001-3113, 4200-101-0001,
4200-101-0890, 4200-102-0001, 4200-103-0001, 4200-104-0001, and
4200-104-0890 of Section 2.00 of the Budget Act of 2011 (Chapter 33
of the Statutes of 2011).
(B) Items 4200-001-0001, 4200-001-0139, 4200-001-0243,
4200-001-0816, 4200-001-0890, 4200-001-3113, 4200-101-0001,
4200-101-0890, 4200-104-0001, and 4200-104-0890 of Section 2.00 of
the Budget Act of 2012 (Chapter 21 of the Statutes of 2012).
(e) All books, documents, forms, records, data systems, and
property of the State Department of Alcohol and Drug Programs with
respect to the transfer of duties, powers, purposes, functions,
responsibilities, and jurisdiction made pursuant to this section
shall be transferred to the State Department of Health Care Services.
(f) Positions filled by appointment by the Governor in the State
Department of Alcohol and Drug Programs whose principal assignment
was to perform functions transferred pursuant to this section shall
be transferred to the State Department of Health Care Services.
(g) All employees serving in state civil service, other than
temporary employees, who are engaged in the performance of functions
transferred pursuant to this section, are transferred to the State
Department of Health Care Services pursuant to the provisions of
Section 19050.9 of the Government Code. The status, position, and
rights of those persons shall not be affected by their transfer and
shall continue to be retained by them 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 positions the duties of
which are vested in a position exempt from civil service. The
personnel records of all employees transferred pursuant to this
section shall be transferred to the State Department of Health Care
Services.
(h) Any regulation or other action adopted, prescribed, taken, or
performed by an agency or officer in the administration of a program
or the performance of a duty, power, purpose, function, or
responsibility pursuant to this division or Division 10.6 (commencing
with Section 11998) in effect prior to July 1, 2013, shall remain in
effect unless or until amended, and shall be deemed to be a
regulation or action of the agency to which or officer to whom the
program, duty, power, purpose, function, responsibility, or
jurisdiction is assigned pursuant to this section.
(i) A suit, action, or other proceeding lawfully commenced by or
against any agency or other officer of the state, in relation to the
administration of any program or the discharge of any duty, power,
purpose, function, or responsibility transferred pursuant to this
section, shall not abate by reason of the transfer of the program,
duty, power, purpose, function, or responsibility under that section.