A Georgia Senate committee, by a one-vote margin, passed a bill Monday that would require people who receive food stamps to get drug-tested if food stamp workers suspect illegal drug use.

The bill, House Bill 772, passed the Health and Human Services Committee 5-4, with Chairwoman Renee Unterman voting in favor to break a tie.

HB 772 faces serious questions about its constitutionality. Its sponsor, Rep. Greg Morris, a Republican from Vidalia, said he had worked around those concerns. Unlike similar laws that have failed court challenges, HB 772 would apply only when a Department of Health and Human Services worker finds “reasonable suspicion” of illegal drug use, for example in a recipient’s “demeanor,” or if the individual has been previously drug-tested for a job.

If a recipient fails the test, he or she would lose benefits, but benefits for their children would be routed through another adult. The recipient would pay for the drug test.

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