BILL NUMBER: AB 2469 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2012
INTRODUCED BY Assembly Member Grove
( Coauthors: Assembly Members
Olsen and Silva )
FEBRUARY 24, 2012
An act to add Sections 11267 and 11267.2 to the Welfare and
Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 2469, as amended, 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. Existing law
requires a county to develop a plan describing how the county intends
to deliver the full range of activities and services necessary to
move CalWORKs recipients from welfare to work. The county plan is
required to include a plan for the provision of substance abuse
treatment services.
This bill would require an applicant for, or recipient of,
CalWORKs cash aid to undergo drug testing on a periodic basis, as a
condition of eligibility. The bill would specify the substances for
which drug testing would be conducted, and would require the
department to seek any federal approvals necessary for the
implementation of the bill. The bill would specify the duties of the
department and county welfare departments in connection with the drug
testing procedures, including paying the costs of a licensed
substance abuse program, as specified. This bill would provide that
otherwise eligible children in the household of an applicant or
recipient who is ineligible for aid because of a positive drug test
shall receive CalWORKs aid, under specified conditions.
This bill would authorize the department to implement the bill
through all-county letters or similar instructions from the director
until regulations are adopted. The bill would require counties to
implement the bill's requirements within 60 days from the date of
issuance of the all-county letters.
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 and Section 11267.2, 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 an 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.
(b) Notwithstanding any other law, as a condition of initial or
continued eligibility for cash assistance under this chapter, an
applicant or recipient shall be required to undergo periodic drug
testing.
(c) The department shall seek any federal approvals necessary for
the implementation of this section and Section 11267.2.
SEC. 2. Section 11267.2 is added to the Welfare and Institutions
Code, to read:
11267.2. (a) Pursuant to the requirements of this section, an
applicant for, or recipient of, CalWORKs cash assistance 18 years of
age or older, including a caretaker relative who is included in the
assistance unit, shall be required to undergo periodic drug testing,
as defined in Section 11267. Both parents in a two-parent household,
and a teenage parent who is not required to reside with a parent,
legal guardian, or other caretaker, shall be required to submit to
the drug testing described in this section.
(b) (1) The department shall provide written notice of the drug
testing required by this section to each individual at the time of
application, and to each recipient at the time of annual
redetermination, advising the individual that drug testing will be
conducted as a condition for receiving CalWORKs cash assistance, and
that the individual shall bear the cost of testing. The notice shall
advise the individual that he or she may advise the department of any
drugs for which he or she has a valid prescription. The notice shall
include a statement that the required drug testing may be avoided if
the individual elects not to apply for or continue receiving
benefits.
(2) In addition to the written notice required by paragraph (1),
the department may conduct informational sessions to explain
application of the drug testing policy to applicants and recipients.
(3) Drug testing pursuant to this section shall be conducted with
a reasonable level of dignity, and reasonable efforts shall be
undertaken to make the process as easy as possible for the applicant
or recipient.
(c) The initial drug test shall be performed after providing the
applicant or recipient with 48 hours' notice. Following the initial
test, a recipient shall be subject to one random drug test per year,
upon 48 hours' notice.
(d) (1) Drug testing pursuant to this section shall consist of a
preliminary urine test, or other minimally intrusive screening test.
If that test detects the presence of drugs, a subsequent confirmation
test , such as a blood test, shall be performed.
(2) The costs of testing shall be borne by the applicant or
recipient, and shall be paid at the time of testing. If the
individual's drug test results are negative, the costs of testing
shall be reimbursed in the individual's next aid payment.
(e) (1) If an individual's drug test is positive for drug use, the
individual shall be provided with a list of licensed substance abuse
treatment providers in his or her county of residence, and shall be
ineligible to apply for or receive cash benefits for a period of one
year, except as provided in paragraph (2).
(2) Notwithstanding paragraph (1), an individual shall be eligible
to reapply for cash benefits under this chapter after six months, if
the individual provides proof that he or she has successfully
completed a licensed substance abuse treatment program.
(3) If an individual elects to participate in a substance abuse
treatment program, the state shall bear the cost of treatment, up to
the maximum amount the individual would have received in cash
benefits under this chapter, for the period of treatment.
(4) If an individual has a second positive drug test after
regaining eligibility, the individual shall be ineligible to apply
for or receive cash benefits for a period of three years.
(f) Any otherwise eligible child or children in the applicant's or
recipient's household shall receive the aid amount required under
this chapter. The applicant or recipient shall designate another
adult to receive benefits on behalf of the child or children, subject
to the approval of the county welfare department. If the applicant
or recipient is unable or unwilling to appoint an acceptable person
for this purpose, one shall be appointed by the county welfare
department. The county welfare department shall report the results of
the applicant's or recipient's positive drug test to the appropriate
child welfare services agency.
SEC. 3. (a) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department may implement this act through all-county letters or
similar instructions from the director until regulations are adopted.
A county shall have 60 days from the date of issuance of the
all-county letters to implement the drug testing procedures required
by this act.
(b) The department shall adopt emergency regulations
implementing these provisions to implement this act
no later than July 1, 2013. The department may readopt any
emergency regulation authorized by this section that is the same as,
or substantially equivalent to, any emergency regulation previously
adopted under this section.
(c) The initial adoption of regulations pursuant to this section
and one readoption of emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations shall be adopted.
SEC. 4. 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.