Tuesday, January 31, 2012

Welfare Drug Testing Bill Withdrawn After Amended To Include Testing Lawmakers

Welfare Drug Testing Bill Withdrawn After Amended To Include Testing Lawmakers

A Republican member of the Indiana General Assembly withdrew his bill
to create a pilot program for drug testing welfare applicants Friday
after one of his Democratic colleagues amended the measure to require
drug testing for lawmakers.

"There was an amendment offered today that required drug testing for
legislators as well and it passed, which led me to have to then
withdraw the bill," said Rep. Jud McMillin (R-Brookville), sponsor of
the original welfare drug testing bill.

The Supreme Court ruled drug testing for political candidates
unconstitutional in 1997, striking down a Georgia law. McMillin said
he withdrew his bill so he could reintroduce it on Monday with a
lawmaker drug testing provision that would pass constitutional muster.

"I've only withdrawn it temporarily," he told HuffPost, stressing he
carefully crafted his original bill so that it could survive a legal
challenge. Last year a federal judge, citing the Constitution's ban on
unreasonable search and seizure, struck down a Florida law that
required blanket drug testing of everyone who applied for welfare.

McMillin's bill would overcome constitutional problems, he said, by
setting up a tiered screening scheme in which people can opt-out of
random testing. Those who decline random tests would only be screened
if they arouse "reasonable suspicion," either by their demeanor, by
being convicted of a crime, or by missing appointments required by the
welfare office.

In the past year Republican lawmakers have pursued welfare drug
testing in more than 30 states and in Congress, and some bills have
even targeted people who claim unemployment insurance and food stamps,
despite scanty evidence the poor and jobless are disproportionately on
drugs. Democrats in several states have countered with bills to
require drug testing elected officials. Indiana state Rep. Ryan Dvorak
(D-South Bend) introduced just such an amendment on Friday.

"After it passed, Rep. McMillin got pretty upset and pulled his bill,"
Dvorak said. "If anything, I think it points out some of the
hypocrisy. ... If we're going to impose standards on drug testing,
then it should apply to everybody who receives government money."

Dvorak said McMillin was mistaken to think testing the legislature
would be unconstitutional, since the stricken Georgia law targeted
candidates and not people already holding office.

McMillin, for his part, said he's coming back with a new bill on
Monday, lawmaker testing included. He said he has no problem
submitting to a test himself.

"I would think legislators that are here who are responsible for the
people who voted them in, they should be more than happy to consent,"
he said. "Give me the cup right now and I will be happy to take the
test."

More:
http://www.huffingtonpost.com/2012/01/27/welfare-drug-testing-bill_n_1237333.html?ref=mostpopular

--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy

--
Together, we can change the world, one mind at a time.
Have a great day,
Tommy

--
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