ATLANTA – State Representative Charlice Byrd (R-Woodstock) has co-sponsored House Bill 668, legislation pre-filed this week by Rep. Jason Spencer (R-Woodbine) that 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. HB 668 would only affect TANF and would have no effect on Medicaid, the Supplemental Nutrition Assistance Program (SNAP) or any other public assistance programs.
“I am honored to co-sponsor Representative Spencer’s bill because taxpayer dollars should never be used to subsidize or encourage a drug habit,” said Rep. Byrd. “It is my desire to be a good steward of the taxpayer’s money. We, as legislators, have a responsibility to stop welfare abuse and to ensure public assistance goes only to those in true need. In this era of shrinking state budgets and increased unemployment, this is just one step my colleagues and I are taking to ensure fiscal accountability and responsibility.”
Under HB 668, 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, but those who pass the test will be reimbursed by the state.
Any TANF applicant who fails the drug test will be ineligible for TANF benefits for one month after their first positive result. If an applicant fails the drug test for a second time, that person will be ineligible for the benefit for three months. Any person failing the test three or more times will become ineligible for TANF benefits for three years, unless the applicant successfully completes an approved substance abuse treatment program at their own expense, which will reduce the ineligibility period to one year. While Human Services would provide applicants who fail the drug test with a list of approved treatment providers, the state would not pay for the substance abuse treatment.
HB 668 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.
“This bill is not intended to criminalize the actions of applicants who test positive for drug use. Its purpose is to protect children from harm and to direct the addicted parent to drug rehabilitation,” added Rep. Byrd.
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, Rep. Spencer’s legislation will include specific measures to address this concern and protect the privacy of all applicants.
“I have addressed the privacy concerns that were mentioned by Judge Mary Scriven in the challenge to Florida’s law,” said Rep. Spencer, the original sponsor of HB 668. “Specifically, the language in my bill will prevent an applicant’s drug test results from being used by law enforcement or by the courts as evidence against them. My bill also requires the Department of Human Resources to secure the confidentiality of test results as required by HIPPA and prevents the test results from being released to any third party. Only the applicant and the Department will be allowed to know the results of the test for the purposes of determining TANF eligibility.”
HB 668 has already received support from several other members of the Georgia House of Representatives, including House Judiciary Chairman Wendell Willard, Rep. Alex Atwood, Rep. Penny Houston, and Rep. Paulette Rakestraw-Braddock.
For more information about HB 668, please click here. For a video recording of a press conference announcing the pre-filing of HB 668, please click here.
Representative Charlice Byrd represents the citizens of District 20, which includes portions of Cherokee County. She was elected into the House of Representatives in 2004 and is currently the Vice Chairman of the Children & Youth Committee and Secretary of the Science and Technology Committee. She also serves on the Economic Development & Tourism, Health & Human Services, and Judiciary Non- Civil Committees.
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