Questions Persist Over Welfare & Food Stamp Drug Test Bill

March 16th, 2014

The state Senate is considering a bill that would allow drug testing for welfare and food stamps, despite persistent concerns over its legality and cost.

Under House Bill 772, state social workers would be empowered to test an applicant or recipient if there’s “reasonable suspicion” to do so. Red flags could be anything from an arrest record to a person’s ”demeanor.”

On the House floor earlier this month, bill sponsor Greg Morris, R-Vidalia, emphasized the goal is to reduce fraud and abuse.

“I can’t think of any more egregious misuse of taxpayer dollars than to subsidize drug use,” said Morris.Raw audio of House debate & vote on HB 772. Date: 3/3/14.

Critics, however, say the bill violates Fourth Amendment protections against unreasonable searches and seizures. In 2012, Georgia passed a similar law requiring drug tests for all welfare recipients. It’s yet to be implemented due to court rulings.

Rep. Scott Holcomb, D-Atlanta, anticipates the same fate for HB 772 if passed into law. He says taxpayer dollars would be wasted in related legal fees.

“There’s just no correlation – there’s none – that exists that drug use in this population is any higher in the general population or it’s any higher than any other group that receives taxpayer benefits in this state and so I don’t see why we pick this group out,” said Holcomb.

In 1997, the U.S. Supreme Court overturned a Georgia law calling for drug testing of candidates seeking statewide office. Walker Chandler, now of the Atlanta law firm Chandler and Chandler, argued the case before the Supreme Court and says the same constitutional issues apply for HB 772.

“It’s just another invasion of privacy,” said Chandler, who also was one of three plaintiffs in the case.

He argues the “reasonable suspicion” standard in Morris’ proposal leaves too much room for abuse.

“There are serious legal issues because it basically confers a law enforcement authority on a social worker,” said Chandler.

In addition to legal concerns, opponents say HB 772 places an unfair financial burden on a population that can ill afford it.

Under the bill, a suspected drug user would have to pay for their own testing– even if the test turns out negative. Also, the bill would require food stamp credit cards – known as EBT cards – to include a photo of the recipient. It’s unclear how much the change would cost the state, but whatever it is Morris has suggested food stamp recipients should pay for it.

Chandler, who ran for statewide office three times in the nineties as a Libertarian, attributed Morris’ efforts to election-year politics in a conservative district.

“It’s just politics,” said Chandler. “Now it may be fairly well-meaning by the guy that was the bill sponsor, but not well-thought out.”

The House has already approved the bill. To pass this year, the Senate would have to vote for it by Thursday, the last day of the 2014 legislative session.