HB390 Alabama 2018 Session

Summary

Primary Sponsor

Tommy Hanes

Republican

Session

Regular Session 2018

Title

Human Resources Dept., Supplemental Nutrition Assistance Program (SNAP), benefits, drug testing for applicant required

Summary

HB390 would require SNAP applicants in Alabama to undergo drug screening when there is reasonable suspicion of illegal drug use, with specific consequences for positive results and rules for who receives benefits in certain cases.

What This Bill Does

The bill creates a Department of Human Resources drug-screening program for SNAP applicants when there is reasonable suspicion of drug use. It defines what counts as a drug and what a drug screening entails, requiring screenings to be done by a certified lab, with the initial cost paid by the department and subsequent costs paid by the applicant (reimbursed if negative). If an applicant refuses or delays screening, they become ineligible; a second positive test leads to a one-year denial and a third positive leads to permanent denial, with a limit of two additional screenings per calendar year. If a parent tests positive, a third party may receive benefits for the dependent child, and a protective payee can be designated; the department must provide notice and obtain acknowledgment, may adopt implementing rules, and the screening results are not used in criminal cases but can be used in administrative proceedings.

Who It Affects

• SNAP applicants in Alabama who may be screened for drugs and could become ineligible if they test positive or fail to comply, with costs and potential follow-up screening requirements.
• Dependent children and other household members in SNAP cases, whose benefits may be preserved or routed to a designated third party or protective payee if a parent is denied due to a positive drug test, with the parent's actions not automatically affecting the dependent's eligibility.

Key Provisions

• Defines drug and drug screening, requiring certified-lab testing for the presence of drugs.
• Requires drug screening for SNAP applicants upon reasonable suspicion, including specified triggers such as recent drug conviction, positive screening, or other indications of drug use.
• Initial screening cost paid by the department; subsequent screenings paid by the applicant, with reimbursement if the test is negative.
• Applicants who refuse or delay screening become ineligible for SNAP benefits.
• Positive drug tests without a valid prescription lead to increasing ineligibility: warning for a first positive, one-year ineligibility after a second positive, and permanent ineligibility after a third positive; limit of two additional screenings per calendar year.
• If a parent tests positive, a third party may receive benefits for the dependent child; dependent benefits are not automatically affected.
• Notice and written acknowledgment requirements for applicants; department may adopt implementing rules; protective payee options are provided if benefits are denied.
• Drug-screening results may not be admitted in criminal proceedings but are admissible in administrative hearings and for judicial review.

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