BILL NUMBER: SB 268	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2009

   An act to amend Section 11834.03 of the Health and Safety Code,
relating to alcohol and drug programs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 268, as introduced, Harman. Alcoholism or drug abuse recovery
or treatment facilities: licensing.
   Existing law provides for the licensure, certification, and
regulation of alcoholism or drug abuse recovery or treatment
facilities serving adults, administered by the State Department of
Alcohol and Drug Programs. Under existing law, an applicant for a
license is required to submit to the department, among other things,
a completed written application and an approved fire clearance.
   This bill would require the application to include a certification
that the facility complies with local zoning ordinances. It would
also require the department to verify this certification.
   This bill would make an approved fire clearance valid only for the
duration of the 2-year term of the license. An applicant for license
renewal would be required to obtain a new fire clearance, as
prescribed.
   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 11834.03 of the Health and Safety Code is
amended to read:
   11834.03.  Any person or entity applying for licensure shall file
with the department, on forms provided by the department, all of the
following:
   (a) A completed written application for licensure  that
includes a certification by the applicant that the facility complies
with local zoning ordinances. The department shall verify this
certification before approving the application  .
   (b) A fire clearance approved by the State Fire Marshal or local
fire enforcement officer.  This clearance shall be valid for the
two-year licensure term and shall expire at the conclusion of the
term. Any license renewal shall include a fire clearance approved by
the State Fire Marshal or local fire enforcement officer based on
building codes in place at the time of the applicable license
renewal. 
   (c) A licensure fee, established in accordance with Chapter 7.3
(commencing with Section 11833.01).