AL HB197

Requires the Department of Human Resources to test TANF applicants for illegal controlled substances when reasonable suspicion exists, defined as a drug conviction within five years prior or observable evidence of drug use or impairment.

Applicants who refuse or delay drug testing become ineligible for TANF benefits; those testing positive are ineligible to directly receive benefits for one year after a first positive test, three years after a second positive test, and permanently after a third positive test.

Positive test results are inadmissible in criminal proceedings but admissible in Department of Human Resources administrative hearings and judicial review; applicants denied benefits may request an administrative hearing.

The individual being tested pays for the drug test, with the Department of Human Resources reimbursing costs only if the test is negative; if an adult tests positive, a protective payee who also undergoes drug testing may receive benefits on behalf of dependent children.

The act becomes effective on the first day of the third month following passage and approval by the Governor.