Pubdate: Tue, 17 Apr 2012
Source: Atlanta Journal-Constitution (GA)
Copyright: 2012 The Atlanta Journal-Constitution
Website: http://www.ajc.com/
Details: http://www.mapinc.org/media/28
Author: Kristina Torres

DEAL OKS WELFARE DRUG TESTS; LAWSUIT LIKELY

Gov. Nathan Deal backed Georgia's proposal to drug-test parents who
seek welfare, pushing the state towards a legal confrontation with
opponents over the new law's fairness.

Deal signed House Bill 861 on Monday without ceremony. The bill will
likely be challenged in court. The Atlanta-based Southern Center for
Human Rights affirmed it was preparing a lawsuit as the state moved
ahead with the mandate. The American Civil Liberties Union has also
had issues with the bill, which was among several approved by Deal
during the day.

Under other bills signed, residents of DeKalb County's Brookhaven area
will vote in July on whether to become Georgia's newest city; and
scrap metal recyclers will be under stricter regulation.

The new drug-testing law requires parents who apply for the federal
Temporary Assistance for Needy Families program to pay for and pass a
drug test that would cost at least $17. TANF provides temporary
financial help to low-income families with children. Passing the drug
test once would be a condition of eligibility to receive benefits.

Opponents argue that drug testing of welfare recipients violates the
Fourth Amendment's protection against unreasonable searches.
Supporters believe it will save the state money and promote personal
responsibility.

"This program is intended as a safety net, and this requirement
guarantees that the benefits are used for their intended purposes --
to care for children and assist with job preparation," Deal said.

The bill gained final passage March 29 in the state's General
Assembly, supported by a solid Republican majority on the last day of
this year's legislative session. Their approval came despite an
ongoing legal challenge in Florida against a similar measure.

"We are disappointed the governor signed the bill, given an almost
identical law in Florida has been declared unconstitutional," said
Gerry Weber, an SCHR attorney. The center intends to file its suit
once the state begins testing TANF applicants, a process expected to
take at least several weeks as officials figure out how to start and
regulate the new program.

Florida was the first to pass a TANF drug-testing bill in 2011. A
federal judge suspended it under a legal challenge that is currently
before the 11th U.S. Circuit Court of Appeals in Atlanta. U.S.
District Judge Mary S. Scriven in her opinion said Florida operated a
pilot program before implementing statewide testing. The pilot program
showed fewer TANF applicants tested positive for drug use than those
estimated to use illegal drugs in the general population.

Still, Deal said in a release that Florida's law saved that state $1.8
million by reducing the number of applicants.

Sponsors of Georgia's new law have said they are confident it will
stand up in court. Georgia Attorney General Sam Olens through a
spokeswoman declined comment.

Georgia officials have estimated 800 of 19,000 applicants would likely
test positive and be denied TANF. They also said it was hard to
pinpoint the bill's financial impact.

The governor has until May 8 to sign or veto bills passed this year by
lawmakers.
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