HB197 Alabama 2012 Session

Summary

Primary Sponsor

Mike Millican

Republican

Co-Sponsors

Dan WilliamsPaul W. LeeApril WeaverBarry MooreEd HenryWes LongBecky NordgrenMac ButtramKen JohnsonWayne JohnsonPaul BeckmanWilliam RobertsKerry RichMac McCutcheonJack WilliamsHarry ShiverJoe FaustAlan BakerSteve McMillanJim McClendonRandy WoodJim BartonDuwayne BridgesBlaine GalliherMark Tuggle

Session

Regular Session 2012

Title

Human Resources Dept, TANF, drug testing for substance abuse based on reasonable suspicion for eligibility for benefits, required, ineligibility under certain conditions, department to implement

Summary

HB197 would require TANF applicants in Alabama to undergo drug testing based on reasonable suspicion of illegal drug use, with specific consequences for testing outcomes and arrangements for protective-payee situations.

What This Bill Does

Creates a requirement that adults applying for TANF be drug-tested when there is reasonable suspicion of illegal drug use. Defines reasonable suspicion and directs the Department of Human Resources to establish testing protocols and provide notice to applicants. Sets who pays for tests (individual, with reimbursement by the state if negative) and outlines consequences for positive tests (ineligibility for direct TANF benefits and referral for substance abuse assessment), as well as for refusals or delays. Allows test results to be used in administrative proceedings but not in criminal cases, and provides a process for designating protective payees if the recipient is disqualified.

Who It Affects

• TANF applicants and adults in the TANF unit: must undergo drug testing if there is reasonable suspicion; positive results lead to ineligibility for direct TANF benefits and mandatory substance abuse assessment; refusals or delays lead to ineligibility.
• Dependent children and other TANF unit members via protective payee: if the primary recipient is disqualified, a protective payee is designated to receive benefits on the child’s behalf; the protective payee may also be tested and would be ineligible if they test positive, but eligible and reimbursed if negative.

Key Provisions

• Requires as a condition of TANF eligibility that adults be tested for illegal controlled substances when there exists reasonable suspicion.
• Reasonable suspicion can be based on prior convictions within five years or observable behavior/symptoms; the department will establish testing protocols.
• Costs of the drug test are paid by the individual being tested; the department reimburses the cost if the test is negative.
• Notice and written acknowledgment are required; applicants may avoid testing by withdrawing the application.
• Results are not admissible in criminal proceedings but are admissible in DHR administrative hearings and judicial review.
• Ineligibility terms: one year after a first positive test, three years after a second positive test, and permanent ineligibility after a third positive test; refusal or delay also results in ineligibility.
• If ineligible, the dependent child’s and other unit members’ benefits are not affected; a protective payee may be designated to receive benefits for the child, and the protective payee must meet testing requirements if applicable.
• If the protective payee tests positive, they are ineligible to receive benefits for the child; if negative, they can receive benefits and be reimbursed for the test.
• The Department of Human Resources will promulgate rules to implement the act.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Human Resources Department