Proposed bill: Pass drug tests or lose benefits
Some of Pennsylvania's poorest residents would have to submit to random drug testing to receive monetary subsidies for groceries, housing or any of their other expenses if legislators approve a bill introduced by a local lawmaker.
State Sen. Richard Alloway II, R-Franklin County, is co-sponsoring a bill requiring at least 5 percent of all Pennsylvania residents who are part of the cash assistance program to submit to the random drug testing.
Those who fail would be kicked off until they pass. Alloway, whose district
includes a portion of York County, said he has requested a hearing to hash out details, including the cost.
"I would call it tough love," Alloway said. "This isn't intended as some mean-spirited proposal at all. If someone is receiving welfare and they're addicted to drugs, we need to get them the help that they need. And it helps them be more accountable for the taxpayer dollars they receive."
The test: The legislation was drafted by Sen. John Wozniak, D-Johnstown. He said drug testing for employment has become common, so it makes sense to test those who need state assistance. The test would indicate marijuana and cocaine use, he said. "If you're going to be getting support from the taxpayers, I think the taxpayers deserve to see that it's not going to illegal drugs," Wozniak said.
Alloway said he agreed to co-sponsor it, demonstrating bi-partisan support for the legislation.
The legislation is still being discussed in committee, but Alloway said about 5 percent of those receiving public assistance would be randomly chosen to be tested once a year. He is still deciding the percentage that would be tested, but believes 5 percent would be an easy, accurate number to test.
Alloway said the testing is meant to be a deterrent because those who fail the test would become ineligible for assistance.
"You're not automatically thrown out onto the streets," he said. "That's not the intent from the supporters. It forces you to go into a drug rehab program to help you get yourself straight. Then you can go back on the public assistance."
The cost of the drug testing has not been determined yet. County public assistance offices would be in charge of providing the tests for local residents.
Alloway is working to set up a hearing for the legislation, possibly in the fall.
Reaction: Rep. Eugene DePasquale, D-York City, said there is a strong desire to ensure benefits are going to the people who need them most and are using them for the proper purpose. Lawmakers are still debating ways to accomplish that, he said.
DePasquale said he would like to hear the details of the bill after its hearing. He said he would not support a bill that puts an additional burden on taxpayers in order to complete the drug testing.
"The goal of making sure people who are supposed to get it, get it and what it's supposed to go for is a worthy goal," he said. "I'm glad that the Senate is going to have this discussion."
The ACLU: The American Civil Liberties Union, however, is already challenging the legislation. Andy Hoover, legislative director at ACLU of Pennsylvania, called the bill "ineffective, expensive and probably unconstitutional."
In the case of Marchwinski v. Howard 2003, the ACLU fought similar legislation in Michigan. It went to the U.S. Court of Appeals where it was struck down.
Drug abuse does not only occur at the poverty level, Hoover said. The ACLU feels the legislation is strictly singling out the state's poorest residents to test, Hoover said. The legislation would come with a hefty bill for the drug tests, at which point other states that have considered similar legislation dropped it, Hoover said.
Finally, because drug testing is considered a search, Hoover said, officials would need to suspect the individual had committed a crime in order to meet the criteria for a search. Short of suspicion, the drug test would violate the Fourth Amendment, he said.
"Really what these folks need is not some punitive measure," Hoover said of individuals who fail drug testing. "They need treatment. We need to make a greater investment in treatment."
-- Reach Amanda Dola sinski at 505-5437 or ado lasinski@yorkdispatch.com.
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