Signed by Governor Robert Bentley

Vote Smart's Synopsis:

Vote to pass a bill that requires drug testing for applicants and certain recipients of Temporary Assistance for Needy Families (TANF), effective October 1, 2015.

Highlights:

• Requires the Department of Human Resources to screen the following individuals for drug use (Sec. 2):
• An individual applying for temporary cash assistance from the Temporary Assistance for Needy Families (TANF) program; and
• An individual receiving TANF who the department has a “reasonable suspicion” is using a drug without a valid prescription.

• Specifies that “reasonable suspicion” exists if an individual has a conviction for the use or distribution of a drug within 5 years prior to the date of the TANF application or if the individual tested positive for a drug without a valid prescription (Sec. 2).

• Requires the following penalties for a positive drug screening (Sec. 2):
• For the first positive result, an individual receives a warning;
• For the second positive result, an individual is ineligible for TANF for 1 year; and
• For the third positive result, an individual is permanently ineligible for TANF.

• Prohibits an individual from being screened for drug use more than 3 times per year (Sec. 2).

• Requires the department to cover the cost of the initial drug screening for an individual, but the cost of any subsequent drug screening is the responsibility of the individual (Sec. 2).

• Requires the department to reimburse an individual for the cost of a drug screening if the individual tests negative for drug usage (Sec. 2).

• Requires a department-approved payee to be designated to receive TANF benefits on behalf of a child or minor family member of an individual permanently ineligible due to a third positive drug screening (Sec. 2).

• Specifies that the provisions of this bill expire on September 30, 2017 (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires drug testing for applicants and certain recipients of Temporary Assistance for Needy Families (TANF), effective October 1, 2015.

Highlights:

• Requires the Department of Human Resources to screen the following individuals for drug use (Sec. 2):
• An individual applying for temporary cash assistance from the Temporary Assistance for Needy Families (TANF) program; and
• An individual receiving TANF who the department has a “reasonable suspicion” is using a drug without a valid prescription.

• Specifies that “reasonable suspicion” exists if an individual has a conviction for the use or distribution of a drug within 5 years prior to the date of the TANF application or if the individual tested positive for a drug without a valid prescription (Sec. 2).

• Requires the following penalties for a positive drug screening (Sec. 2):
• For the first positive result, an individual receives a warning;
• For the second positive result, an individual is ineligible for TANF for 1 year; and
• For the third positive result, an individual is permanently ineligible for TANF.

• Prohibits an individual from being screened for drug use more than 3 times per year (Sec. 2).

• Requires the department to cover the cost of the initial drug screening for an individual, but the cost of any subsequent drug screening is the responsibility of the individual (Sec. 2).

• Requires the department to reimburse an individual for the cost of a drug screening if the individual tests negative for drug usage (Sec. 2).

• Requires a department-approved payee to be designated to receive TANF benefits on behalf of a child or minor family member of an individual permanently ineligible due to a third positive drug screening (Sec. 2).

• Specifies that the provisions of this bill expire on September 30, 2017 (Sec. 4).

Full Bill Text