Public Assistance Hb 772
| Citation | Vol. 31 No. 1 |
| Publication year | 2014 |
Public Assistance HB 772
Georgia State University Law Review
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Public Assistance: Amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, Relating to Public Assistance, so as to Provide for Drug-Testing for Applicants and Recipients of Food Stamps or TANF Benefits Upon a Reasonable Suspicion of Drug Use; Provide Requirements for Drug-Testing; Provide for Penalties for Any Person who Fails a Drug-Test; Provide for Reapplication; Provide for Confidentiality of Records; Require that Electronic Benefits Transfer Cards for Food Stamp Benefits Contain a Photo of the Recipient; Provide for an Effective Date; Provide for Related Matters; Repeal Conflicting Laws; and for Other Purposes
| Code Sections: | O.C.G.A. §§ 49-4-20, -21 (new); -193 (amended) |
| Bill Number: | HB 772 |
| Act Number: | 664 |
| Georgia Laws: | 2014 Ga. Laws 844 |
| Summary: | The Act requires the government to drug-test recipients of food stamps and TANF benefits if there is a reasonable suspicion of drug use. Penalties for failing a drug-test become more severe when a recipient has more violations. The new bill also requires that a member of each household receiving food stamp benefits have a photo on the card. |
| Effective Date: | O.C.G.A. §§49-4-20, -193, July 1, 2014; § 49-4-21, January 1, 2016 |
History
Many states in recent years have implemented laws similar to Georgia's House Bill (HB) 772, which requires some recipients of food stamps and Temporary Assistance for Needy Families (TANF)
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to be drug tested.1 One out of every seven people in Georgia is on public assistance and one out of every five in Georgia is on food stamps.2 Representative Greg Morris (R-156th) claims the purpose of HB 772 is to protect Georgia taxpayers' dollars from being misused to provide financial assistance to drug users.3 He asserts that one in five Georgians have substance abuse problems and he has no reason to believe that this statistic would be any different in the food stamp and TANF communities.4 Therefore, he introduced HB 772 to require drug testing upon a reasonable suspicion that a recipient is under the influence of illegal drugs.5
Opponents claim that there is no evidence that shows people who receive food stamps and TANF benefits abuse drugs more than people who do not receive these benefits.6 In Florida, for example, fewer than three percent of TANF applicants test positive for illegal drug use.7 They also claim the drug testing is a waste of tax money.8
A decision from the Eleventh Circuit Court of Appeals—Lebron v. Secretary, Fla. Dep't of Children and Families—had a major effect on the Georgia law.9 At issue in Lebron was a Florida law, enacted in May 2011, which required all TANF recipients to undergo mandatory
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drug testing.10 Plaintiff Luis Lebron refused to take the test and filed the lawsuit claiming that the statute's suspicionless drug-testing provision was a violation of his Fourth Amendment right to be free from unreasonable searches and seizures.11 The district court granted a preliminary injunction against enforcing the statute and Florida agreed to discontinue its drug testing program until the litigation was resolved.12
Official Code of Georgia Annotated section 49-4-193 originally required all applicants to take a drug-test in order to receive TANF benefits.13 In light of the Eleventh Circuit's decision in Lebron, HB 772 amends the law to require drug testing only when there is reasonable suspicion the recipient is using drugs.14 HB 772 also added a similar new code section requiring drug-testing when there is reasonable suspicion of drug use in order for a food stamp recipient to be eligible for the Georgia Supplemental Nutrition Assistance Program (SNAP).15
At Governor Deal's direction, the state of Georgia is not currently implementing either of the new sections until the Florida statute is completely resolved in court.16 In a letter written by Attorney General Samuel Olens to Governor Deal, he explained that HB 772 violates federal law and that Georgia food stamp recipients could risk losing their benefits.17 Therefore, not wanting to waste money on litigation, Georgia is waiting for the Florida case to be resolved before deciding how to implement the Act.18
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Bill Tracking of HB 772
Consideration and Passage by the House
Representative Morris sponsored HB 772.19 The House read the bill for the first time on January 12, 2014.20 The House read the bill for the second time on January 22, 2014.21 Speaker of the House David Ralston (R-7th) assigned the bill to the House Judiciary Committee, which favorably reported it by substitute on February 25, 2014.22 On March 3, 2014, the House read the bill for a third time and passed the committee substitute by a vote of 109 to 64 on the same day.23
The bill's original version created Code section 49-4-20, which required drug-testing for food stamp recipients, prohibited individuals who fail the drug-test from receiving food stamp benefits for certain periods of time, and set guidelines for how this drug-testing should be conducted by Georgia's Department of Human Services (DHS).24 The bill required DHS to use the drug-testing standards set forth by the United States Department of Health and Human Services in its "Mandatory Guidelines for Federal Workplace Drug Testing Programs."25 Representative Morris contended it was only fair that TANF and SNAP recipients should be subject to the same standards as working Georgians.26
The House Committee on Judiciary's substitute bill changed the previous version to require drug-testing only upon a "reasonable suspicion" of drug use for food stamp recipients.27 It also added an amendment to Section 49-4-193 to only require drug-testing for TANF recipients when they are reasonably suspected of drug use.28 This version of the bill allows DHS to use any available information
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to determine what constitutes reasonable suspicion.29 The House passed the substitute bill by a vote of 107 to 66 on March 3, 2014.30
Consideration and Passage by the Senate
Senator Don Balfour (R-9th) sponsored HB 772 in the Senate.31 The Senate read the bill for the first time on March 4, 2014.32 Lieutenant Governor Casey Cagle (R) assigned the bill to the Senate Health and Human Services Committee.33 The Health and Human Services Committee favorably reported the bill by substitute on March 12, 2014.34 The committee substitute contained only minor technical changes from the version passed by the House.35 The Senate engrossed and tabled the bill on March 18, 2014.36 On March 20, 2014, the Senate removed the bill from the table, read it for a third time, and passed it by a vote of 29 to 22.37 On the same day, the House agreed to the Senate's substitution by a vote of 100 to 67.38 The bill was sent to the Governor on March 27, 2014; and he signed it into law on April 29, 2014.39
The Act
The Act amends Title 49 of the Official Code of Georgia Annotated, relating to drug-testing for food stamps and TANF
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applicants and recipients.40 Section One first defines what drug-testing means and delegates the responsibility to promulgate rules and regulations for carrying out such drug-testing to DHS.41 The Act implements a "reasonable suspicion" standard for when drug-testing is required for both food stamp and TANF recipients.42
Section One creates a drug-testing requirement for applicants and recipients of food stamps when there is a "reasonable suspicion" that that an individual is using illegal drugs.43 It does not specifically define reasonable suspicion; rather, it indicates what sorts of information may be taken into account, including an applicant's demeanor, missed appointments, arrest records, or termination from a job for use of a controlled substance.44
Section One provides that the first time recipients test positive for illegal drugs, they will be ineligible for food stamps for one month and until they test negative; the second positive result leads to ineligibility for food stamps for three months and until they test negative; finally, a third and any subsequent positive tests will render recipients ineligible for food stamps for one year and until they test negative.45 If recipients are ineligible for food stamps for one year because of positive drug tests, they may reapply after six months if they can document the successful completion of a drug rehabilitation program.46 The Act requires that DHS inform all applicants that they may be subject to a drug test if DHS has a reasonable suspicion the applicant is using illegal drugs.47 Additionally, applicants must sign a
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written acknowledgement that they have been advised of this possibility.48
If parents become ineligible for food stamps, they may designate another individual to receive their child's benefits.49 Section One also provides that the results of any drug tests performed under this Act will not be subject to disclosure nor be permitted for use in a criminal prosecution or civil action.50 In addition, Section One requires that recipients who are selected for drug-testing must pay the cost of the drug-testing, except those with proof of active Medicaid benefits, whose drug test may be subsidized.51
Finally, Section One states that testing will not be required for those who would be significantly hindered by the requirement, such as individuals with a physical or mental handicap or those residing in a long-term care facility.52 Section One also creates Section 49-4-21, which requires that electronic benefits transfer cards contain a photo of authorized users of the card; however, this does not go into effect until January 1, 2016.53
Section Two of the Act eliminates the requirement that all applicants and recipients of TANF submit to drug-testing and instead creates requirements that mirror the drug-testing requirements in Section One for food stamp recipients.54 Therefore, TANF applicants and...
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