HB 14

This bill would require each adult recipient of public benefits to comply with mandatory community service program requirements in order to be eligible for the benefits

This bill would provide that any recipient of public benefits who does not comply shall be ineligible to receive public assistance for a specified period of time based on the frequency of noncompliance

This bill would provide an exception from the mandatory community service program required under certain conditions

This bill would require certain applicants for Temporary Assistance for Needy Families (TANF), administered by the Department of Human Resources, to be drug tested if the applicant has been convicted of a drug offense within a specified period of time

This bill would provide that an applicant who tests positive for a drug without a valid prescription shall become ineligible for program benefits upon a subsequent positive drug screening

This bill would authorize an individual who is a parent of a minor child and tests positive for drugs to designate a third party to receive the public assistance for the benefit of the minor child

This bill would require each department or agency of the state that provides public assistance to comply with the mandatory community service requirements of this act

Relating to public assistance; to require each recipient of public benefits to comply with community service program requirements in order to be eligible for the benefits; to provide that an individual who does not comply shall be ineligible to receive public assistance for a specified period of time based on the frequency of noncompliance; to provide procedures and exceptions for such mandatory community service programs to be developed by the Alabama Department of Human Resources; to require certain applicants for Temporary Assistance for Needy Families (TANF) to be drug tested if the applicant has been convicted of a drug offense; to provide that an applicant who tests positive for a drug without a valid prescription is ineligible for TANF program benefits under certain conditions; and to authorize a parent who tests positive for drugs to designate a third party to receive public assistance for the benefit of minor child family members.

Section 1

As used in this act, the following words shall have the following meanings: (1) DRUG. The term includes either of the following: a. A controlled substance for which a medical prescription or other legal authorization is required for purchase or possession, including, but not limited to: amphetamine, tetrahydrocannabinol, oxycodone, cocaine, phencyclidine, an opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene, tricyclic antidepressant, or a metabolite of any of these substances. b. A drug whose manufacture, sale, use, or possession is forbidden by law. (2) DRUG OFFENSE. The term includes any violation of Article 5, commencing with Section 13A-12-210, of Chapter 12 of Title 13A, Code of Alabama 1975. (3) DRUG SCREENING. Any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or other licensing agency in this state for the purpose of determining the presence or absence of a drug or its metabolites. (4) FEDERAL PUBLIC BENEFITS. The term as it is defined in 8 U.S.C. §1611. (5) RECIPIENT. An individual who is 18 years of age or older, is not physically or mentally disabled, and receives federal, state, or local benefits. (6) STATE or LOCAL PUBLIC BENEFITS. The term as defined by 8 U.S.C. §1621.

Section 2

(a) Except as provided in subsection (f) or where exempted by federal law, on and after July 1, 2019, each recipient of federal, state, or local public benefits administered by an agency or a political subdivision of this state shall participate in a community service program administered by the Department of Human Resources. (b)(1) The Department of Human Resources shall cooperate with the Alabama Department of Labor to establish and administer a community service program with the standards and procedures necessary to accomplish the requirements of this section. The Department of Human Resources shall establish a minimum number of hours of regulated community service that recipients of local, state, or local federal, public benefits must participate in, to be determined by the age of the recipient. Notwithstanding the foregoing, each recipient shall work a minimum of 20 hours of community service each week to maintain his or her eligibility. (2) The Department of Human Resources, on a monthly basis, shall publish a list of nonprofit 501(c)(3) programs that are eligible for community service work required under this section. No eligible nonprofit program shall be required to accept a recipient of public assistance for community service, but shall be encouraged to do so. Volunteer service at a public or private school shall qualify for mandatory community service required under this section. Volunteer service at a church or other place of worship where the recipient of public assistance is a member does not qualify for mandatory community service required by this section. (3) The Department of Human Resources shall adopt rules prescribing forms and procedures for the verification of community service required by this section. (c) An individual who receives federal, state, or local public benefits and who does not comply with the mandatory community service requirements established by this section shall be ineligible to receive the benefits for a period of time as follows: (1) For the first noncompliance, a period of 90 days. (2) For the second noncompliance, a period of 180 days. (3) For the third or subsequent noncompliance, a period of one year, after which time the individual shall be required to submit to a mandatory community service program before he or she is eligible to receive federal, state, or local public benefits. (d) A recipient who receives federal, state, or local public benefits who refuses to submit to the mandatory community service program shall be ineligible to receive the benefits for a period of one year. (e) This section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (f) A recipient shall not be required to complete the mandatory community service requirements of this act in order to be eligible for any of the following: (1) Assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. § 1396b(v)(3), of the recipient and are not related to an organ transplant procedure. (2) Short-term, noncash, in-kind emergency disaster relief. (3) Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases, without regard to whether the symptoms are caused by a communicable disease. (4) Programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelters that do any of the following: a. Deliver in-kind services at the community level, including through public or private nonprofit agencies. b. Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources. c. Are necessary for the protection of life or safety. d. Provide prenatal care. e. Provide public postsecondary education. (g) Each state agency or department that administers any program of federal, state, or local public benefits shall provide an annual report to the Department of Human Resources with respect to the agency's or department's compliance with this section. The Department of Human Resources shall adopt rules to provide for the requirements of the annual report. (h) Any and all errors and significant delays in benefits caused by compliance with this section shall be reported to the Governor who shall monitor mandatory community service errors and significant delays and report annually to the Legislature on such errors and significant delays to ensure that the application of this section is not wrongfully denying benefits to residents of this state. (i) The provisions of this section shall be implemented after the date the department or other appropriate state agency whose duty it is to extend public benefits has received all federal waivers that are necessary to implement the provisions of this section from the United States Department of Health and Human Services.

Section 3

(a) Commencing on October 1, 2019, the Department of Human Resources shall implement and administer a drug screening program for an individual applying for temporary cash assistance who is otherwise eligible for the Temporary Assistance for Needy Families (TANF) program if the individual has a conviction for a drug offense within five years prior to the date of the application for TANF program benefits. (b) The Department of Human Resources shall require each applicant for TANF program benefits to disclose, under penalty of perjury, any criminal conviction for a drug offense or a federal criminal offense related to the use or distribution of a drug. (c) The cost of the initial drug screening of each applicant shall be the responsibility of the Department of Human Resources. The cost of any subsequent drug screening is the responsibility of the individual screened. The department shall reimburse the person for the cost of the drug screening if the person tests negative for a drug. (d)(1) An applicant for TANF program benefits under this section who refuses to take a drug screening or who delays the drug screening beyond the time set by the Department of Human Resources is ineligible to receive TANF program benefits until the applicant complies with the drug screening requirements of this section. (2) a. An applicant who tests positive for a drug as a result of a drug screening required under this section and who is unable to produce a valid prescription for the drug shall receive a warning that any subsequent positive drug screening will result in a loss of benefits. b. Upon a second positive drug screening, the applicant shall be ineligible for TANF program benefits for one year after the date of the positive drug screening results. c. Upon a third positive drug screening, the applicant shall be permanently ineligible for TANF program benefits. d. No individual shall be subjected to more than two additional drug screenings in a calendar year. (3) An individual who is denied TANF program benefits under this section may request an administrative hearing to review the denial. (e) The results of a drug screening under this section are not admissible in a criminal proceeding, but are admissible without further authentication or qualification in an administrative hearing of the Department of Human Resources and judicial review of department determinations. (f) The Department of Human Resources shall do all of the following: (1) Provide notice of the potential for drug screening to each applicant for TANF program benefits at the time of application. The notice shall advise the applicant that a drug screening may be conducted as a condition for receiving benefits under certain conditions and that the applicant shall bear the cost of the drug screening after the initial screening. The applicant shall be advised that the required drug screening may be avoided if the applicant does not apply for TANF program benefits. (2) Require each applicant who will be drug screened to sign a written acknowledgment that he or she has received notice of the Department of Human Resources drug screening policy and that he or she understands the drug screening requirement. (g) If an applicant is deemed permanently ineligible for TANF program benefits as a result of failing a third drug screening conducted under this section, the TANF benefits of any dependant children of the applicant or the benefits of any other adult family member of the applicant are not affected. (1) An appropriate protective payee shall be designated to receive benefits on behalf of any dependent children of the applicant. (2) The applicant may choose to designate another individual to receive benefits for any dependent children of the applicant. The designated individual shall be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual may be designated. The designated individual must be approved by the department.

Section 4

The Department of Human Resources shall adopt rules for the implementation and administration of this act.

Section 5

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.