BILL NUMBER: SB 384	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator Benoit
    (   Coauthors:   Senators   Cox
  and Maldonado   ) 
    (  Coauthors:   Assembly Members  
Bill Berryhill,   DeVore,   Fuller,  
Hagman,   Nestande,   Nielsen,   and Silva
  ) 

                        FEBRUARY 26, 2009

   An act to add Section 11267 to the Welfare and Institutions Code,
relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 384, as amended, Benoit. CalWORKs eligibility: 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 random selection 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 random drug test to successfully complete a one-year drug
treatment program, as specified. The bill would discontinue the
individual's aid under the CalWORKs program upon failure of the
individual to successfully complete the required drug treatment
program. The bill would require the department to seek  any
 federal approvals necessary for the implementation of this
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.  This act shall be known, and may be cited, as "RJ's
Law."
  SEC. 2.  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) "Random selection basis" means a mechanism for selecting
recipients for drug testing that results in an equal probability that
 any   a  recipient from a group of
recipients subject to the selection mechanism will be selected, and
does not give the department discretion to waive the selection of
 any   a  recipient selected under the
mechanism.
   (b) A recipient of aid, as a condition of continued eligibility
under this chapter, shall be required to undergo drug testing on a
random selection basis.
   (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 the recipient fails to complete the drug treatment
program as required by 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. 3.  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.