Welfare Drug Testing Bill Withdrawn After Amended To Include Testing Lawmakers

Party Rooster

Unleash The Beast
Welfare Drug Testing Bill Withdrawn After Amended To Include Testing Lawmakers

First Posted: 01/27/2012 5:36 pm
Updated: 01/27/2012 6:27 pm

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"I've only withdrawn it temporarily," he told HuffPost, stressing he carefully crafted his original bill so that it could survive a legal challenge.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.

McMillan, 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."

LOL at the Dem "obstructionism."


Registered User
elected officials and their staffs should all be tested randomly every month and the results made public


In The Danger Zone...
Wackbag Staff
Fucking jerkoff. I'm all for the testing. If you wanna live
off my tax dollars, then do it clean and sober. My money
shouldn't be used for dope or booze for you.

Way to dog down the bill so your "constituents" can
live off the gubbernment teat.


it's a man, baby!!!
if they are allowed to drug test truckers and pilots, they should have to test everyone or no one

unconstitutional to test political candidates?


Malarkey is slang for bullshit isn't it?
unconstitutional to test political candidates?
Yeah, that part. I'd love to see what that case was about. If the bill comes back after being re-written and passes, I'll be pleasantly surprised.


as a matter of fact i dont have 5$
typical, want to spend my money? tell me how to structure my family or tell me how i can defend myself? step up and take a wizz quiz mother fucker


Registered User
Not saying the law makers shouldn't be tested, but there are thousands more welfare recipients that we are spending millions more dollars on then the law makers. Why not start will the people that will save us the most money


well shit the bed
you know what i dislike? people making drug policies who have never done a drug in their life.
As long as something is held to be illegal by the government, anyone receiving a tax-payer funded check from said government should be held to the strictest since of the law, and instantly lose that income if found to be in even the most minor violation of it. Therefore, if drugs are illegal, mandatory piss tests, even for non-prescribed pharmaceuticals.

That should be a god damn constitutional amendment.
Giving away free money is unconsitutional in the first place. Making an amendment requiring drug testing to get the free money isn't needed.