Indiana Welfare Drug Testing Bill Withdrawn After Amended To Include Testing Lawmakers

Rep. Jud McMillin, R-Brookville, speaks on a motion to fine absent Democrats at the Statehouse in Indianapolis, Thursday, Jan. 19, 2012.

I couldn’t agree more that lawmakers across the country who want to issue drug testing on welfare recipients should be tested as well.  Having said that, I find it hilarious how quickly the Republican member of the Indiana General Assembly withdrew his bill when a Democrat amended the bill so that the legislators would be included in the testing…

The Huffington Post

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“I’ve only withdrawn it temporarily,” he told HuffPost, stressing he carefully crafted his original bill so that it could survive a legal challenge.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

Continued here…