BILL NUMBER: AB 730 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Grove
FEBRUARY 17, 2011
An act to add Section 11267 to the Welfare and Institutions Code,
relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 730, as introduced, Grove. CalWORKs eligibility: periodic drug
testing.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program, using
federal Temporary Assistance to Needy Families (TANF) program, state,
and county funds. Under existing law, the county is required to
annually redetermine eligibility for CalWORKs benefits.
This bill would require a recipient of CalWORKs aid to undergo
drug testing on a periodic basis, as a condition of continued
eligibility. The bill would specify those substances for which drug
testing would be conducted. The bill would require a recipient who
fails a periodic drug test to successfully complete a one-year drug
treatment program. The bill would discontinue the individual's aid
under the CalWORKS program upon failure of the individual to
participate in testing or to successfully complete the required drug
treatment program. The bill would require the department to seek any
federal approvals necessary for the implementation of the bill.
Because counties administer the CalWORKs program, by increasing
county duties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11267 is added to the Welfare and Institutions
Code, to read:
11267. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Drug" means any of the following:
(A) A controlled substance classified as Schedule I, as specified
in Section 11054 of the Health and Safety Code.
(B) The following controlled substances, classified as Schedule
II, as specified in Section 11055 of the Health and Safety Code:
(i) Cocaine.
(ii) Opium.
(iii) Phencyclidine.
(iv) Methamphetamine.
(C) A prescription medication for which the individual does not
have a valid prescription.
(2) "Drug testing" means a chemical test administered for the
purpose of determining the presence or absence of a drug or its
metabolites in a person's bodily tissue, fluids, or products.
(3) "Periodic basis" means a mechanism for providing for regularly
scheduled periodic drug testing of recipients.
(b) A recipient of aid, as a condition of continued eligibility
under this chapter, shall be required to undergo drug testing on a
periodic basis. If the recipient fails to participate in the drug
testing program the recipient's aid under this chapter shall be
discontinued.
(c) A recipient who fails a drug test conducted pursuant to this
section shall successfully complete a one-year drug treatment program
approved by the department, and shall remain drug free during that
program. If a recipient fails to complete the drug treatment program
pursuant to this subdivision, the recipient's aid under this chapter
shall be discontinued.
(d) The department shall seek any federal approvals necessary for
the implementation of this section.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.