Pubdate: Wed, 27 Mar 2013
Source: Dallas Morning News (TX)
Copyright: 2013 The Dallas Morning News, Inc.
Contact: http://www.dallasnews.com/opinion/send-a-letter/
Website: http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117

A LESSON FROM FLORIDA

Texas Shouldn't Fool With Drug Testing for Welfare

The folks busily drafting legislation in Austin are not unemployed or 
in need of welfare. Otherwise, it's doubtful we would see bills such 
as SB 11 or HB 1582. Or SB 21. HB 1583. HB 1244. HB 1281. All aim to 
require the drug testing of Texans needing some form of government 
assistance - either welfare or unemployment benefits.

This newspaper wholeheartedly endorses efforts to deter people from 
using drugs, and we embrace more efficient use of taxpayer money. But 
history has shown that these bills are not likely to do either. There 
is no data to suggest that people in need of government assistance 
are more likely to be drug users. There is no disturbing trend of 
increased drug use among those on unemployment. These are bills in 
search of a problem.

For a cautionary tale, just look to Florida. In 2011, the state 
passed a law requiring all welfare recipients to be tested before 
they received help. Applicants had to come up with the $30 to $35 for 
the test; only those who passed would be reimbursed.

It turned out that of the 4,086 who took the tests, only 108 - just 
2.6 percent - failed, most for marijuana. That's far below the 6 
percent state average of Floridians who use drugs. (An analysis by 
the state showed that the drug testing requirement didn't tamp down 
applications.)

Not only was Florida left with mud on its face; it also had a small 
hole in its pocket. At about $35 per test, the state had to reimburse 
$118,140. After deducting the "savings" from the 108 who did not 
receive benefits, Florida lost $45,780.

After just four months, a federal judge in Orlando ruled the Florida 
law was probably unconstitutional and blocked the measure. Last 
month, the 11th Circuit Court of Appeals in Atlanta agreed. And 
Georgia, which in 2012 passed a similar law, has held off 
implementation because of Florida's problems.

Several Texas lawmakers, however, are undeterred. They are 
considering three drug-testing bills that target people who are 
entitled to unemployment benefits and three that target recipients of welfare.

Given the economic and legal morass of the Florida law, it would seem 
foolhardy to move forward with drug-testing welfare recipients in Texas.

The bills tied to unemployment, at first blush, seem more logical. SB 
21 and HB 1281, for instance, target "an individual for whom suitable 
work is available only in an occupation designated by the United 
States Department of Labor regulations as an occupation that 
regularly conducts pre-employment drug testing."

But most of the unemployed don't know ahead of time what job will be 
offered. Such careful wording is likely to create such a small 
subset, it would have little significant impact. Also, don't forget: 
Unemployment benefits are not an entitlement. Like Social Security, 
it's a benefit each person works for.

Tuesday, a Senate panel reached a compromise that would make one of 
the welfare drug testing bills more compassionate to the children of 
those who fail the tests. But they are missing the larger point:

These bills would expand the role of big government and could waste 
precious tax dollars. The state would be better served leaving drug 
testing to the private sector. 
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MAP posted-by: Jay Bergstrom