ATLANTA – State Representative Jason Spencer (R-Woodbine) today announced plans to introduce legislation 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. The proposed legislation would only affect TANF and would have no effect on the Supplemental Nutrition Assistance Program (SNAP) or any other public assistance programs.
“Georgia taxpayers have a vested interest in making sure that their hard-earned tax dollars are not being used to subsidize drug addiction,” said Rep. Spencer. “In these tough economic times, it is easy to understand that many deserving families need some temporary help until they can bounce back financially – that’s why we have public assistance programs like TANF. This additional eligibility requirement will simply ensure that those funds are used for that intended purpose.”
Under Rep. Spencer’s legislation, 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.
The proposed legislation specifies that dependent children under that 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.
“The intent of this bill is not to criminalize the actions of applicants who test positive for drug use. It is to protect children from harm and to direct the addicted parent to drug rehab. If the parents are addicted, they will not be able to hold on to a job and get off public assistance,” added Rep. Spencer.
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. “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.”
Rep. Spencer’s proposed legislation has already received support from several of his colleagues in the Georgia House of Representatives, including Chairman Wendell Willard, Rep. Alex Atwood, Rep. Charlice Byrd, Rep. Penny Houston, and Rep. Paulette Rakestraw-Braddock.
“Many of my constituents have told me that they want to stop abuse of welfare programs, which were designed to help children, not enabled drug abusers to take advantage of public charity. They tell me that they want to give a hand up, not a hand out. They believe that it should be a temporary program to help people out of work, those caught in a short term struggle, not a long term program meant to be permanently relied upon instead of a job,” said Rep. Paulette Rakestraw-Braddock.
Rep. Spencer is also working with Senator John Albers, who plans to introduce companion legislation in the Georgia State Senate.
Representative Jason Spencer represents the citizens of District 180, which includes Camden County and portions of Glynn County. He was elected into the House of Representatives in 2010, and currently serves on the Game Fish & Parks, Special Rules, and Children and Youth committees.
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