House Bill 947 (COMMITTEE SUBSTITUTE)
By: Representatives Momtahan of the 17th, Cannon of the 172nd, Tarvin of the 2nd, Jones of
the 25th, Kelley of the 16th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated,
relating to general provisions of public assistance, so as to provide for requirements for the
federal Supplemental Nutrition Assistance Program (SNAP); to provide for restrictions on
broad based categorical eligibility, gross income standards, and allowable financial resource
standards; to provide for certification periods for certain households; to provide for
verification requirements for expedited service applications; to require verification of all
eligibility criteria within 30 days of application; to prohibit the issuance of benefits for a
second month of the certification period prior to the completion of verifications; to provide
for a pre-authorization accuracy checklist for all SNAP eligibility determinations; to provide
for verification procedures relative to the Department of Public Health and the Department
of Corrections; to provide for restrictions on the waiver of work requirements; to provide for
jurisdiction; to provide for private rights of action; to provide for reports; to provide for
regulation and enforcement of D-SNAP benefits; to provide for automatic repeal; to provide
for construction; to provide for related matters; to provide for a short title; to provide for
legislative findings; to provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia SNAP Integrity Act of 2026."
SECTION 2.
The General Assembly finds that:
(1) The Supplemental Nutrition Assistance Program (SNAP) is a federally funded program
administered in partnership with the states;
(2) States are responsible for program administration, integrity, and fraud prevention;
(3) Federal law reserves retailer authorization and sanction authority to the United States
Department of Agriculture;
(4) Nothing in federal law preempts the state from establishing mechanisms to monitor
program performance, investigate complaints, and refer violations to federal authorities;
and
(5) A centralized state body is necessary to ensure effective oversight of SNAP waiver
implementation, reduce error rates, improve program integrity, and provide a formal
referral pathway to federal enforcement authorities.
SECTION 3.
Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to
general provisions of public assistance, is amended by revising Code Section 49-4-15.1,
relating to examination of financial records in instances of alleged fraud, as follows:
"49-4-15.1.
The department may examine any <ins>documents,</ins> books, papers, <del>or</del> memoranda, <ins>electronic
material, financial records, or business records relating to recipients, applicants, authorized
representatives, household members, federally authorized retailers, or state contractors
</ins> <del>reflecting the income of, or financial records bearing upon the determination of the
eligibility of, recipients</del> in instances of alleged fraud <del>by recipients</del> of food stamps and
public assistance. <del>This process</del> <ins>Such examination</ins> may be implemented by means of a
subpoena which may be issued by the commissioner of human services, upon the advice
of the State Department of Law. In order to consider the issuance of such subpoenas, <del>the
director of the department's office of fraud and abuse must</del> <ins>inspector general shall
</ins> personally make application in writing to the commissioner of human services specifying
why such information is necessary. If issued, such subpoenas shall compel the production
of relevant documents. Subpoenas shall be served in the same manner as if issued by a
superior court. If any person fails to obey a subpoena issued and served under this Code
section with respect to any matter germane to the department's investigation, on application
of the department, through the commissioner of human services or the commissioner's duly
authorized representative, the superior court of the county in which the documents were
required to be produced may issue an order requiring the person to comply with the
subpoena and to produce the relevant documents."
SECTION 4.
Said article is further amended by adding new Code sections to read as follows:
<ins>"49-4-23.
(a) In no case shall categorical eligibility under 7 U.S.C. Section 2014(a) or 7 C.F.R.
Section 273.2(j)(2)(ii) be granted for any noncash, in-kind, or other benefit unless expressly
required by the federal law for the SNAP program.
(b) The department shall not apply gross income standards for SNAP benefits higher than
the standards specified on January 1, 2026, in 7 U.S.C. Section 2014(c) or establish
allowable financial resource standards higher than the standards specified in 7 U.S.C.
Section 2014(g)(1), other than financial resources described in 7 U.S.C. Section
2014(g)(2)(D), unless expressly required by federal law. Categorical eligibility and
exemptions for households from such gross income standards or allowable financial
</ins>
<ins>resource standards shall not be granted for any noncash, in-kind, or other benefit unless
expressly required by federal law for the SNAP program.
(c) The department may apply alternate vehicle allowance standards as authorized
by 7 U.S.C. Section 2014(g)(2)(D).
(d) By January 1, 2029, the department shall assign certification periods of no greater than
four months to households with zero net income, households that include an able-bodied
adult without dependents, or other households whose circumstances are determined by the
department to be unstable unless otherwise prohibited under federal law for SNAP
programs. This subsection shall not apply to households in which all members are elderly
or disabled.
(e) By January 1, 2029, the department shall assign certification periods of one to two
months to households that the department determines will become ineligible for the SNAP
within 30 days of such determination, unless otherwise prohibited under federal law for the
SNAP program.
(f) By January 1, 2029, the department shall verify the eligibility of households applying
for SNAP benefits in accordance with the following requirements:
(1) Regarding applications for expedited service, the department shall make all
reasonable efforts to verify all eligibility criteria, including, but not limited to, identity,
residency, and income, within the seven-day expedited processing period required by
federal law;
(2) Notwithstanding any other provision of this Code section, the department shall verify
all eligibility criteria for the applicant and all household members, including, but not
limited to, income, residency, and citizenship or immigration status, within 30 days of the
date of application; and
(3) All SNAP verification requirements not completed during expedited service
processing shall be submitted and completed before the second month's benefits are
issued; provided, however, that the department shall provide the household a specific
</ins>
<ins>written notice at least 15 days prior to the end of the 30 day verification period prescribed
in paragraph (2) of this subsection identifying the exact documents or information
required to complete such verification. The department shall not issue benefits for the
second month of the certification period to any household that has failed to provide the
necessary documentation to verify all eligibility factors within the period prescribed in
paragraph (2) of this subsection after being provided timely notice and an opportunity to
submit the required documentation or resolve any verification issues in accordance with
federal SNAP requirements.
(g) No private right of action shall arise from any violation of this Code section by the
department.
(h)(1) Beginning July 1, 2027, and every six months thereafter until January 1, 2029, the
department shall submit a status report to the chairpersons of the House Committee on
Appropriations, the Senate Appropriations Committee, the House Committee on Public
and Community Health, and the Senate Health and Human Services Committee regarding
progress in the implementation of subsections (d), (e), (f), and (i) of this Code section.
(2) This subsection shall stand repealed by operation of law on January 2, 2029.
(i)(1) By January 1, 2029, the department shall implement a pre-authorization accuracy
checklist for all SNAP eligibility determinations and shall require either a second-party
review or an automated system validation of:
(A) Gross earned and unearned income;
(B) Household composition; and
(C) Shelter and utility deductions.
(2) No benefit issuance shall be finalized until the items described in subparagraphs (A)
through (C) of paragraph (1) of this subsection have been validated.
(3) Nothing in this subsection shall be construed to delay the issuance of benefits
required under federal expedited service time frames.
</ins>
<ins>49-4-24.
(a) The department shall establish and maintain data-matching agreements and automated
verification procedures to identify changes in circumstances affecting eligibility for the
federal Supplemental Nutrition Assistance Program (SNAP). As used in this Code section,
the term 'SNAP' shall have the same meaning as set forth in Code Section 49-4-26.
(b) On at least a monthly basis, the department shall review information from the
Department of Public Health concerning individuals in households enrolled in SNAP that
indicates a change in circumstances that may affect eligibility for SNAP, including, but not
limited to, death records.
(c) On at least a quarterly basis, the department shall receive and review information from
the Department of Labor concerning individuals in households enrolled in SNAP that
indicates a change in circumstances that may affect eligibility for SNAP, including, but not
limited to, changes in employment or wages.
(d) On at least a monthly basis, the department shall receive and review information
concerning individuals in households enrolled in SNAP that indicates a change in
circumstances that may affect eligibility for SNAP, including, but not limited to, potential
changes in residency as identified by out-of-state electronic benefit transfer transactions.
(e) On at least a quarterly basis, the department shall receive and review information from
the centralized employee registry established and maintained pursuant to Code
Section 19-11-9.2 concerning individuals in households enrolled in SNAP that indicates
a change in circumstances that may affect eligibility for SNAP, including, but not limited
to, unreported employment, new sources of income, or changes in wage levels.
(f) On at least a monthly basis, the department shall receive and review information from
the Department of Corrections concerning individuals in households enrolled in SNAP that
indicates a change in circumstances that may affect eligibility for SNAP, including, but not
limited to, incarceration status.
</ins>
<ins>(g) On at least a monthly basis, the department shall, to assess continued eligibility for
SNAP and act on such findings, review and act on the following data from federal sources:
(1) Earned income information, death registry information, incarceration records,
supplemental security income information, beneficiary records, earnings information, and
pension information maintained by the United States Social Security Administration;
(2) Income and employment information maintained in the National Directory of New
Hires database and child support enforcement data maintained by the United States
Department of Health and Human Services;
(3) National fleeing felon information maintained by the United States Federal Bureau
of Investigation; and
(4) Address change information maintained in the United States Postal Service National
Change of Address database.
(h) The department shall enter into a data-matching agreement with the Georgia Lottery
Corporation to identify households with lottery winnings equal to or exceeding the
applicable allowable financial resource limit for elderly or disabled households as defined
in 7 U.S.C. Section 2014(g)(1) and, to the extent permitted under federal law, shall treat
such data as verified upon receipt. When such data may not be treated as verified upon
receipt, the department shall refer such cases for further investigation to confirm allowable
financial resource eligibility for SNAP.
(i)(1) The department shall treat data received from the Department of Public Health
concerning death records pursuant to subsection (b) of this Code section and data
received from the Department of Corrections concerning incarceration status pursuant
subsection (f) of this Code section as verified upon receipt.
(2) Upon receipt of the data described in paragraph (1) of this subsection, the department
may take appropriate action to suspend, terminate, or adjust benefits in accordance with
federal law without requiring additional verification from the household.
</ins>
<ins>(3) Nothing in this subsection shall be construed to authorize the reduction or termination
of benefits based solely on wage or employment data without first providing the
household notice and an opportunity to respond as required under federal law.
(j) Nothing in this Code section shall prohibit the department from contracting with one
or more independent vendors to provide additional data or information which may indicate
a change in circumstances that may affect eligibility for SNAP.
(k) Other departments and agencies of the state shall cooperate in a timely and responsive
manner to requests from the department to provide information required for a
determination of eligibility for participation in SNAP.
49-4-25.
(a) The department shall not seek, apply for, accept, or renew any waiver of work
requirements under 7 U.S.C. Section 2015(o)(4) without first obtaining specific
authorization from the General Assembly. Such authorization shall be provided in a duly
enacted statute.
(b) The department shall not exercise the state's option to provide any exemptions from
the work requirement under 7 U.S.C. Section 2015(o)(6)(F). This subsection shall not be
construed to limit the application of good cause exemptions for temporary absence from
employment as provided in 7 C.F.R. Section 273.24(b)(2).
49-4-26.
(a) As used in this Code section, the term:
(1) 'Disaster Supplemental Nutrition Assistance Program' or 'D-SNAP' means the
emergency assistance program, authorized in the Food and Nutrition Act of 2008 and the
Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, that provides
temporary food assistance in the form of benefit to low to moderate income households
</ins>
<ins>that lost income or that or sustained property damage following a presidentially declared
disaster.
(2) 'EBT card' means an embedded, encrypted chip card requiring a four-digit personal
identification number for in-person use in a computer based electronic benefit transfer
system approved by the United States Department of Agriculture to obtain food benefits.
(3) 'Food sales establishment' shall have the same meaning as set forth in Code Section
26-2-21.
(4) 'Food service establishment' shall have the same meaning as set forth in Code Section
26-2-370.
(b) All EBT cards issued in Georgia shall display:
(1) The full legal name of the SNAP participant;
(2) A printed statement citing applicable Georgia or federal law prohibiting the sale,
trade, or transfer of EBT cards for unlawful purposes; and
(3) The SNAP fraud-reporting hotline number for the United States Department of
Agriculture and instructions for reporting suspected fraudulent use.
(c) Nothing contained in subsection (h) of Code section 49-4-24 shall limit the ability of
any legally authorized individual to use the EBT card consistent with federal law and
regulations.
(d) No individual or family may receive SNAP benefits in this state unless such individual
or family:
(1) Verifies United States citizenship at application and recertification, consistent with
federal law; and
(2) Meets all federal SNAP work requirements applicable to such person's household
category.
(e) Beginning January 1, 2027, SNAP recipients shall recertify their eligibility in
accordance with 7 C.F.R. Part 273.
</ins>
<ins>(f) The Georgia Department of Agriculture, in coordination with the Division of Family
and Children Services, may:
(1) Identify and pursue all federal grants, pilot programs, and technical assistance
opportunities offered by the United States Department of Agriculture to support and
expand the use of SNAP at local farmers markets;
(2) Provide training and assistance for farmers markets and agricultural vendors seeking
SNAP authorization;
(3) Promote participation by vendors offering fruits, vegetables, and meats that comply
with this Code section; and
(4) Expand state-wide access to SNAP eligible agricultural vendors.
(g) The Division of Family and Children Services shall jointly with the Department of
Human Services submit an annual report to the General Assembly by December 31 of each
year summarizing:
(1) Vendor participation in farmers market SNAP programs;
(2) Any implementation issues or unintended consequences; and
(3) Recommendations for improvements or additional pilot programs.
(h) SNAP benefits shall not be used to purchase:
(1) Foods or beverages in a food service establishment; or
(2) Beverages customized on-site for immediate and individual consumption at the time
of purchase, including those that are:
(A) Hot beverages which are prepared, mixed, or blended in a food sales establishment
or
(B) Cold beverages which are prepared, mixed, or blended in a food sales
establishment.
(i) The Division of Family and Children Services may issue guidance to authorized SNAP
retailers clarifying that SNAP benefits shall not be accepted for any items listed in
subsection (h) of this Code section.
</ins>
<ins>(j) The Division of Family and Children Services shall require affected retailers to
implement point-of-sale controls that ensure benefits shall not be used for any items listed
in subsection (h) of this Code section.
(k) Notwithstanding any law to the contrary, the enforcement of this Code section shall
remain the exclusive jurisdiction of the United States Department of Agriculture.
(l) Nothing in this Code section shall be construed to limit or otherwise regulate D-SNAP
or emergency circumstances that are the same or similar to those governed by D-SNAP."
</ins> SECTION 5.
This Act shall become effective on January 1, 2027.
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.