HB947: HB947 Georgia SNAP Healthier Choices Act of 2026; enact

26 LC 46 1494S 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 Cod e of Georgia Annotated,1 relating to general provisions of public assistance, so as to provide for requirements for the2 federal Supplemental Nutrition Assistance Program (SNAP); to provide for restrictions on3 broad based categorical eligibility, gross income standards, and allowable financial resource4 standards; to provide for certification periods for certain hou seholds; to provide for5 verification requirements for expedited service applications; t o require verification of all6 eligibility criteria within 30 days of application; to prohibit the issuance of benefits for a7 second month of the certification period prior to the completion of verifications; to provide8 for a pre-authorization accuracy checklist for all SNAP eligibility determinations; to provide9 for verification procedures relative to the Department of Public Health and the Department10 of Corrections; to provide for restrictions on the waiver of work requirements; to provide for11 jurisdiction; to provide for private rights of action; to provi de for reports; to provide for12 regulation and enforcement of D-SNAP benefits; to provide for automatic repeal; to provide13 for construction; to provide for related matters; to provide fo r a short title; to provide for14 legislative findings; to provide for an effective date; to repeal conflicting laws; and for other15 purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 H. B. 947 (SUB) - 1 - 26 LC 46 1494S SECTION 1.18 This Act shall be known and may be cited as the "Georgia SNAP Integrity Act of 2026."19 SECTION 2.20 The General Assembly finds that:21 (1) The Supplemental Nutrition Assistance Program (SNAP) is a federally funded program22 administered in partnership with the states;23 (2) States are responsible for program administration, integrity, and fraud prevention;24 (3) Federal law reserves retailer authorization and sanction authority to the United States25 Department of Agriculture;26 (4) Nothing in federal law preempts the state from establishin g mechanisms to monitor27 program performance, investigate complaints, and refer violations to federal authorities;28 and29 (5) A centralized state body is necessary to ensure effective oversight of SNAP waiver30 implementation, reduce error rates, improve program integrity, and provide a formal31 referral pathway to federal enforcement authorities.32 SECTION 3.33 Article 1 of Chapter 4 of Title 49 of the Official Code of Geor gia Annotated, relating to34 general provisions of public assistance, is amended by revising Code Section 49-4-15.1,35 relating to examination of financial records in instances of alleged fraud, as follows: 36 "49-4-15.1.37 The department may examine any documents, books, papers, or memoranda, electronic38 material, financial records, or business records relating to recipients, applicants, authorized39 representatives, household members, federally authorized retail ers, or state contractors40 reflecting the income of, or financial records bearing upon the determination of the41 eligibility of, recipients in instances of alleged fraud by recipients of food stamps and42 H. B. 947 (SUB) - 2 - 26 LC 46 1494S public assistance. This process Such examination may be implemented by means of a43 subpoena which may be issued by the commissioner of human services, upon the advice44 of the State Department of Law. In order to consider the issuance of such subpoenas, the45 director of the department's office of fraud and abuse must inspector general shall46 personally make application in writing to the commissioner of human services specifying47 why such information is necessary. If issued, such subpoenas shall compel the production48 of relevant documents. Subpoenas shall be served in the same m anner as if issued by a49 superior court. If any person fails to obey a subpoena issued and served under this Code50 section with respect to any matter germane to the department's investigation, on application51 of the department, through the commissioner of human services or the commissioner's duly52 authorized representative, the superior court of the county in which the documents were53 required to be produced may issue an order requiring the person t o c o m p l y w i t h t h e54 subpoena and to produce the relevant documents."55 SECTION 4.56 Said article is further amended by adding new Code sections to read as follows:57 "49-4-23.58 (a) In no case shall categorical eligibility under 7 U.S.C. Se ction 2014(a) or 7 C.F.R.59 Section 273.2(j)(2)(ii) be granted for any noncash, in-kind, or other benefit unless expressly60 required by the federal law for the SNAP program.61 (b) The department shall not apply gross income standards for SNAP benefits higher than62 the standards specified on January 1, 2026, in 7 U.S.C. Section 2014(c) or establish63 allowable financial resource standards higher than the standard s specified in 7 U.S.C.64 Section 2014(g)(1), other than financial resources described in 7 U . S . C . S e c t i o n65 2014(g)(2)(D), unless expressly required by federal law. Categ orical eligibility and66 exemptions for households from such gross income standards or a llowable financial67 H. B. 947 (SUB) - 3 - 26 LC 46 1494S resource standards shall not be granted for any noncash, in-kin d, or other benefit unless68 expressly required by federal law for the SNAP program.69 (c) The department may apply alternate vehicle allowance stand ards as authorized70 by 7 U.S.C. Section 2014(g)(2)(D).71 (d) By January 1, 2029, the department shall assign certification periods of no greater than72 four months to households with zero net income, households that include an able-bodied73 adult without dependents, or other households whose circumstances are determined by the74 department to be unstable unless otherwise prohibited under fed eral law for SNAP75 programs. This subsection shall not apply to households in which all members are elderly76 or disabled.77 (e) By January 1, 2029, the department shall assign certificat ion periods of one to two78 months to households that the department determines will become ineligible for the SNAP79 within 30 days of such determination, unless otherwise prohibited under federal law for the80 SNAP program.81 (f) By January 1, 2029, the department shall verify the eligibility of households applying82 for SNAP benefits in accordance with the following requirements:83 (1) Regarding applications for expedited service, the departme nt shall make all84 reasonable efforts to verify all eligibility criteria, including, but not limited to, identity,85 residency, and income, within the seven-day expedited processin g period required by86 federal law;87 (2) Notwithstanding any other provision of this Code section, the department shall verify88 all eligibility criteria for the applicant and all household me mbers, including, but not89 limited to, income, residency, and citizenship or immigration status, within 30 days of the90 date of application; and91 (3) All SNAP verification requirements not completed during ex pedited service92 processing shall be submitted and completed before the second m onth's benefits are93 issued; provided, however, that the department shall provide th e household a specific94 H. B. 947 (SUB) - 4 - 26 LC 46 1494S written notice at least 15 days prior to the end of the 30 day verification period prescribed95 in paragraph (2) of this subsection identifying the exact docum ents or information96 required to complete such verification. The department shall n ot issue benefits for the97 second month of the certification period to any household that has failed to provide the98 necessary documentation to verify all eligibility factors within the period prescribed in99 paragraph (2) of this subsection after being provided timely notice and an opportunity to100 submit the required documentation or resolve any verification issues in accordance with101 federal SNAP requirements.102 (g) No private right of action shall arise from any violation of this Code section by the103 department.104 (h)(1) Beginning July 1, 2027, and every six months thereafter until January 1, 2029, the105 department shall submit a status report to the chairpersons of the House Committee on106 Appropriations, the Senate Appropriations Committee, the House Committee on Public107 and Community Health, and the Senate Health and Human Services Committee regarding108 progress in the implementation of subsections (d), (e), (f), and (i) of this Code section.109 (2) This subsection shall stand repealed by operation of law on January 2, 2029.110 (i)(1) By January 1, 2029, the department shall implement a pre-authorization accuracy111 checklist for all SNAP eligibility determinations and shall require either a second-party112 review or an automated system validation of:113 (A) Gross earned and unearned income;114 (B) Household composition; and115 (C) Shelter and utility deductions.116 (2) No benefit issuance shall be finalized until the items described in subparagraphs (A)117 through (C) of paragraph (1) of this subsection have been validated.118 (3) Nothing in this subsection shall be construed to delay the issuance of benefits119 required under federal expedited service time frames.120 H. B. 947 (SUB) - 5 - 26 LC 46 1494S 49-4-24.121 (a) The department shall establish and maintain data-matching agreements and automated122 verification procedures to identify changes in circumstances af fecting eligibility for the123 federal Supplemental Nutrition Assistance Program (SNAP). As used in this Code section,124 the term 'SNAP' shall have the same meaning as set forth in Code Section 49-4-26.125 (b) On at least a monthly basis, the department shall review i nformation from the126 Department of Public Health concerning individuals in households enrolled in SNAP that127 indicates a change in circumstances that may affect eligibility for SNAP, including, but not128 limited to, death records.129 (c) On at least a quarterly basis, the department shall receive and review information from130 the Department of Labor concerning individuals in households en rolled in SNAP that131 indicates a change in circumstances that may affect eligibility for SNAP, including, but not132 limited to, changes in employment or wages.133 (d) On at least a monthly basis, the department shall receive and review information134 concerning individuals in households enrolled in SNAP that indi c a t e s a c h a n g e i n135 circumstances that may affect eligibility for SNAP, including, but not limited to, potential136 changes in residency as identified by out-of-state electronic benefit transfer transactions.137 (e) On at least a quarterly basis, the department shall receive and review information from138 the centralized employee registry established and maintained pu rsuant to Code139 Section 19-11-9.2 concerning individuals in households enrolled in SNAP that indicates140 a change in circumstances that may affect eligibility for SNAP, including, but not limited141 to, unreported employment, new sources of income, or changes in wage levels.142 (f) On at least a monthly basis, the department shall receive and review information from143 the Department of Corrections concerning individuals in households enrolled in SNAP that144 indicates a change in circumstances that may affect eligibility for SNAP, including, but not145 limited to, incarceration status.146 H. B. 947 (SUB) - 6 - 26 LC 46 1494S (g) On at least a monthly basis, the department shall, to asse ss continued eligibility for147 SNAP and act on such findings, review and act on the following data from federal sources:148 (1) Earned income information, death registry information, inc arceration records,149 supplemental security income information, beneficiary records, earnings information, and150 pension information maintained by the United States Social Security Administration;151 (2) Income and employment information maintained in the National Directory of New152 Hires database and child support enforcement data maintained by the United States153 Department of Health and Human Services;154 (3) National fleeing felon information maintained by the United States Federal Bureau155 of Investigation; and156 (4) Address change information maintained in the United States Postal Service National157 Change of Address database.158 (h) The department shall enter into a data-matching agreement with the Georgia Lottery159 Corporation to identify households with lottery winnings equal to or exceeding the160 applicable allowable financial resource limit for elderly or disabled households as defined161 in 7 U.S.C. Section 2014(g)(1) and, to the extent permitted und er federal law, shall treat162 such data as verified upon receipt. When such data may not be treated as verified upon163 receipt, the department shall refer such cases for further investigation to confirm allowable164 financial resource eligibility for SNAP.165 (i)(1) The department shall treat data received from the Depar tment of Public Health166 concerning death records pursuant to subsection (b) of this Cod e section and data167 received from the Department of Corrections concerning incarcer ation status pursuant168 subsection (f) of this Code section as verified upon receipt.169 (2) Upon receipt of the data described in paragraph (1) of this subsection, the department170 may take appropriate action to suspend, terminate, or adjust benefits in accordance with171 federal law without requiring additional verification from the household.172 H. B. 947 (SUB) - 7 - 26 LC 46 1494S (3) Nothing in this subsection shall be construed to authorize the reduction or termination173 of benefits based solely on wage or employment data without fir st providing the174 household notice and an opportunity to respond as required under federal law.175 (j) Nothing in this Code section shall prohibit the department from contracting with one176 or more independent vendors to provide additional data or information which may indicate177 a change in circumstances that may affect eligibility for SNAP.178 (k) Other departments and agencies of the state shall cooperate in a timely and responsive179 manner to requests from the department to provide information r equired for a180 determination of eligibility for participation in SNAP.181 49-4-25.182 (a) The department shall not seek, apply for, accept, or renew a n y w a i v e r o f w o r k183 requirements under 7 U.S.C. Section 2015(o)(4) without first ob taining specific184 authorization from the General Assembly. Such authorization shall be provided in a duly185 enacted statute.186 (b) The department shall not exercise the state's option to pr ovide any exemptions from187 the work requirement under 7 U.S.C. Section 2015(o)(6)(F). This subsection shall not be188 construed to limit the application of good cause exemptions for temporary absence from189 employment as provided in 7 C.F.R. Section 273.24(b)(2).190 49-4-26.191 (a) As used in this Code section, the term:192 (1) 'Disaster Supplemental Nutrition Assistance Program' or 'D -SNAP' means the193 emergency assistance program, authorized in the Food and Nutrition Act of 2008 and the194 Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, that provides195 temporary food assistance in the form of benefit to low to moderate income households196 H. B. 947 (SUB) - 8 - 26 LC 46 1494S that lost income or that or sustained property damage following a presidentially declared197 disaster.198 (2) 'EBT card' means an embedded, encrypted chip card requiring a four-digit personal199 identification number for in-person use in a computer based ele ctronic benefit transfer200 system approved by the United States Department of Agriculture to obtain food benefits.201 (3) 'Food sales establishment' shall have the same meaning as set forth in Code Section202 26-2-21.203 (4) 'Food service establishment' shall have the same meaning as set forth in Code Section204 26-2-370.205 (b) All EBT cards issued in Georgia shall display:206 (1) The full legal name of the SNAP participant;207 (2) A printed statement citing applicable Georgia or federal l aw prohibiting the sale,208 trade, or transfer of EBT cards for unlawful purposes; and209 (3) The SNAP fraud-reporting hotline number for the United Sta tes Department of210 Agriculture and instructions for reporting suspected fraudulent use.211 (c) Nothing contained in subsection (h) of Code section 49-4-24 shall limit the ability of212 any legally authorized individual to use the EBT card consisten t with federal law and213 regulations.214 (d) No individual or family may receive SNAP benefits in this state unless such individual215 or family:216 (1) Verifies United States citizenship at application and recertification, consistent with217 federal law; and218 (2) Meets all federal SNAP work requirements applicable to suc h person's household219 category.220 (e) Beginning January 1, 2027, SNAP recipients shall recertify their eligibility in221 accordance with 7 C.F.R. Part 273.222 H. B. 947 (SUB) - 9 - 26 LC 46 1494S (f) The Georgia Department of Agriculture, in coordination with the Division of Family223 and Children Services, may:224 (1) Identify and pursue all federal grants, pilot programs, an d technical assistance225 opportunities offered by the United States Department of Agricu lture to support and226 expand the use of SNAP at local farmers markets;227 (2) Provide training and assistance for farmers markets and agricultural vendors seeking228 SNAP authorization;229 (3) Promote participation by vendors offering fruits, vegetables, and meats that comply230 with this Code section; and231 (4) Expand state-wide access to SNAP eligible agricultural vendors.232 (g) The Division of Family and Children Services shall jointly with the Department of233 Human Services submit an annual report to the General Assembly by December 31 of each234 year summarizing:235 (1) Vendor participation in farmers market SNAP programs;236 (2) Any implementation issues or unintended consequences; and237 (3) Recommendations for improvements or additional pilot programs.238 (h) SNAP benefits shall not be used to purchase:239 (1) Foods or beverages in a food service establishment; or240 (2) Beverages customized on-site for immediate and individual consumption at the time241 of purchase, including those that are:242 (A) Hot beverages which are prepared, mixed, or blended in a food sales establishment243 or244 (B) Cold beverages which are prepared, mixed, or blended in a food sales245 establishment.246 (i) The Division of Family and Children Services may issue guidance to authorized SNAP247 retailers clarifying that SNAP benefits shall not be accepted f or any items listed in248 subsection (h) of this Code section.249 H. B. 947 (SUB) - 10 - 26 LC 46 1494S (j) The Division of Family and Children Services shall require affected retailers to250 implement point-of-sale controls that ensure benefits shall not be used for any items listed251 in subsection (h) of this Code section.252 (k) Notwithstanding any law to the contrary, the enforcement o f this Code section shall253 remain the exclusive jurisdiction of the United States Department of Agriculture.254 (l) Nothing in this Code section shall be construed to limit or otherwise regulate D-SNAP255 or emergency circumstances that are the same or similar to those governed by D-SNAP."256 SECTION 5.257 This Act shall become effective on January 1, 2027.258 SECTION 6.259 All laws and parts of laws in conflict with this Act are repealed.260 H. B. 947 (SUB) - 11 -