Welfare Drug Testing Bill Moves Forward

ATLANTA

Georgia lawmakers have passed a bill that would require welfare recipients to take a drug test before receiving benefits. GOP supporters of the measure say it would save taxpayers money but opponents say its unconstitutional and uncharitable.

The bill would target what supporters call abuse of a government benefit, namely the federal welfare program.

Its similar to a Florida law a federal judge has blocked because it violates the Fourth Amendments protection from unlawful search.

Sen. Jason Carter, an Atlanta Democrat, says the state must have a reason to single out one group.

If you search someone, require a drug test, intrude into their private lives for no reason, with no reason to believe they have been using illegal drugs, not only is it wrong, its unconstitutional, and we will be litigating it and litigating it and litigating it, Carter said during Senate floor debate.

The General Assemblys own legislative counsel also says the bill may not be constitutional.

Atlanta attorney Shelley Sennerfitt says theres no proof welfare recipients are likelier to take illegal drugs, and the courts have struck down other laws where there was no evidence.

"One of the things the courts have said is, if youre going to try and require folks to submit to suspicion-less drug testing, youve got to have some really good reason to do it," she said in an interview. "And you cant just say, Oh weve got reasons. There actually has to be evidence.

But supporters say its lawful, citing the 1996 Welfare Reform Act. and they say it would save taxpayers money.

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Welfare Drug Testing Bill Moves Forward