ATLANTA — The Georgia House of Representatives today passed House Bill 861 with a vote of 114 to 59. Introduced by State Representative Michael Harden (R-Toccoa), HB 861 would require applicants seeking cash assistance through the Temporary Assistance for Needy Families (TANF) program to pass a drug test before receiving any public funds.
“Today is a monumental day for the taxpayers of Georgia,” said Rep. Harden. “This legislation will ensure the taxpayers of this state that their hard earned tax dollars are not being used to subsidize illegal drug activity. It will also see that children get the benefits that are intended for them. Common sense legislation like lets the people of this state know that their legislature is hard at work for them.”
Under HB 861, the Georgia Department of Human Services would be required to conduct drug tests on adult applicants for the federal TANF program. These applicants would be responsible for paying for their drug tests, which will occur through the automatic deduction of approximately $3 from each monthly check.
Any TANF applicant who fails the drug test will be ineligible for TANF benefits until a subsequent test is passed. If an applicant fails the drug test for a second time, that person will be ineligible for the benefit for two years. Any person failing the test three times will become indefinably ineligible for TANF benefits.
HB 861 specifies that dependent children under the age of 18 are exempt from the drug testing requirement. Further, the eligibility of these children will not be affected if their parent fails the drug test. However, if this happens, the ineligible parent would be required to designate an individual, who must also pass a drug test, to receive the TANF benefits on behalf on the affected children.
TANF is a federal block grant program that allows states to provide cash assistance to qualifying low income families with children. The program was created by the Personal Responsibility and Work Opportunity Act in 1996 to provide temporary financial assistance and help recipients find employment. Unlike other public assistance programs, the federal legislation creating TANF specifically allows states to require drug tests as a qualification for the program.
Both Florida and Missouri passed similar legislation requiring drug tests for TANF applicants earlier this year. Although the Florida law has been temporarily suspended by a federal judge in response to an American Civil Liberties Union (ACLU) claim that the drug test requirement violates the constitutional ban on unreasonable search and seizures, this legislation will include specific measures to address this concern and protect the privacy of all applicants.
Representative Michael Harden represents the citizens of District 28, which includes Banks County, and portions of Franklin and Stephens counties. He was elected into the House of Representatives in 2008, and currently serves on the Agriculture and Consumer Affairs, Higher Education, Motor Vehicles, and Transportation committees.
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