DESCRIPTION OF HOUSE BILL 772
In 2012, Georgia passed HB 861 requiring drug test for all individuals applying for Temporary Assistance for Needy Families benefits. Governor Deal signed the bill on April 16, 2012 (O.C.G.A 40-4-193, 2012). However, due to the Supreme Courts deeming drug testing individuals for entitlement programs unconstitutional, the Governor did not enact the bill into law. In 2014, Representative Greg Morris of district 156 introduced a house bill that will be an extension to HB 861.
Representative Greg Morrison (R-156) introduced Georgia House Bill 772 in the Georgia General Assembly, on January 21, 2014. HB 772 will provide for drug testing for applicants and recipients of food stamps or TANF benefits upon reasonable suspicion of drug abuse by amending chapter 4 of title 49 of the Official Code of Georgia Annotated (H.772, 2014). This bill will also provide the following (H.772, 2014):
Representative Greg Morrison (R-156) introduced Georgia House Bill 772 in the Georgia General Assembly, on January 21, 2014. HB 772 will provide for drug testing for applicants and recipients of food stamps or TANF benefits upon reasonable suspicion of drug abuse by amending chapter 4 of title 49 of the Official Code of Georgia Annotated (H.772, 2014). This bill will also provide the following (H.772, 2014):
- Requirements for drug testing
- Penalties for any person who fails a drug test
- Reapplication
- Confidentiality of records
- Electronic benefits transfer (EBT) cards for food stamp benefits contain a photo of the recipient
- Effective date
If Governor Nathan Deal enacts HB 772 into law, applicants and recipients seeking food stamps or TANF benefits would possibly have to undergo drug testing for illegal drugs determined by the Health and Human Services Department, based upon “reasonable suspicion” (H. 772, 2014). The department shall determine “reasonable suspicion,” which could include the applicant’s or recipient’s demeanor, missed appointments and arrest or other police records, and/or termination from employment due to unlawful use of controlled substances (H.772, 2014). The applicants and recipients will be required to pay for the drug screening application unless the individuals can provide proof of active and current Medicaid. Once the person provides proof, the person will only be require to pay $17 towards the drug screening application; if the person cannot provide proof of active/current Medicaid then the person will be held liable for full cost of that drug screening application (H. 772, 2014).
“The most important thing we can do up here at the capitol is protecting taxpayers dollars. Make sure they’re spent wisely and I can’t think of anything more egregious than for people’s taxpayer dollars to be used to subsidize drug abuse" ~
Rep. Greg Morris (R-156th)
GOALS OF HB 772
According to the sponsor of HB 772, Representative Greg Morris (R-156th), there is only one goal of HB 772. The goal of HB 772 is to prevent the spending of taxpayer dollars to subsidize illegal drug use (Personal Interview, 2014). Representative Greg Morris hopes this bill will prove that drug addicts that are applicants and recipients of entitlement programs, utilizes taxpayers dollars to purchase illegal drugs, although there is no evidence to prove that participants of the food stamp or TANF program are abusing illegal drugs (Personal Interview, 2014).
SERVICE PROVIDED OR NOT PROVIDED: DRUG SCREENING TEST
In HB 772 there are no specific beneficial services provided for applicants and recipients applying or recertifying of Food Stamps. The service that will be provided is drug-screening tests based upon reasonable suspicion of drug use. However, there is a provision in the bill that states that the client is responsible for the cost of the drug-screening test, and any treatment needed for substance abuse. An approved list of drug testing facilities will be provided to any clients chosen to take a drug test. If any client(s) chosen to take a drug test—test positive, the client will be provided a list of approved substance abuse treatment facilities. Any clients with negative drug screening results will not receive reimbursement for money spent on drug test; Negative results provide approval for food stamps and/or TANF benefits. For any client(s) testing positive for illegal drugs—a list of approved treatment facilities will be provided. Any person(s) testing positive for illegal drugs can reapply for food stamps, and will be able to retest multiple times as long as the individual will cover the cost of the drug test. All individuals approved for food stamps will be provided with an EBT card (electronic benefits transfer) with a photograph of the recipient. No test shall be required for dependent children under the age of 18 years old, any persons who are physical, mentally handicap, or developmentally disabled, and Older Adults.
MORE OPPOSITION THAN SUPPORT
Apparently, there is more opposition for HB 772 than support from the public. The American Civil Liberties Union (ACLU) of Georgia is ready to file a lawsuit against the state if the Governor makes HB 772 in law. Debbie Seagraves, Executive Director of the ACLU of Georgia stated, “The federal judge struck down Florida's law because it is unconstitutional. If someone is buying drugs illegally, that is a police matter. This is setting aside one group of people, because they are accessing legal benefits, or because they are attempting to access legal benefits and setting a higher standard or different standard for them because they're poor and need help” (Miller, 2014). On March 3, 2014, Representative Margaret Oliver (D-82nd) questioned Representative Morris (R-156th) on the criteria of training DFCS’ caseworkers. She wanted to know how would they define “demeanor,” and she also predicted that if HB 772 is made into a law, then Georgia would spend too much money on litigation, because she is certain Georgia will be faced with lawsuits (Miller, 2014). Robert Caskey of the Supplemental Nutrition Assistance Program (formerly known as the Food Stamp Program) sent an email to Georgia officials on March 7, 2014. Caskey stated, “No State agency shall impose any other standards of eligibility beyond the provisions of the federal Food and Nutrition Act, which does not require drug testing. The addition of a drug testing provision of any type is prohibited in the SNAP program” (Miller, 2014). Several news outlets reported several Georgia’s tax payers were in favor of HB 772, because many felt that if they are paying for individuals to buy food to feed their families, then there should not be any problems providing a drug test to prove you are not buying drugs with taxpayers dollars (Miller, 2014).
THE UNINTENDED CONSEQUENCE OF HB 772 FROM THE SPONSOR'S PERSPECTIVE:
Representative Greg Morris (R-156th) feels the only unintended consequence of HB 772 would be children, because food stamps affect families. He stated that, “…in the past no one has targeted food stamps for drug testing, because unlike welfare (TANF), food stamps affects the entire family” (Personal Interview, 2014). Representative Morris made sure to place a provision in the bill to protect children. If the parent(s) or legal guardian(s) are rejected food stamps due to positive drug test results, HB 772 requires a parent(s) or legal guardian to appoint an immediate family member to obtain food stamps on behalf of the children. However, the immediate family may be drug tested based upon reasonable suspicion of drug use as well, and if that person tests positive, then the department would appoint a person (H. 772, 2014). Representative Morris mentioned HB 772 would not affect Older Adults, because the Federal government protects them.