SALT LAKE CITY — Drug testing might be required for some welfare recipients in Utah through a legislative bill that could be introduced this week.
Although the proposed law is similar to ones that have been found unconstitutional in Michigan and Florida, Rep. Brad Wilson, R-Kaysville, said he avoids those constitutional pitfalls by narrowing the number of people who would have to take a drug test. The testing would only be done for people who qualify for the Temporary Assistance for Needy Families program, Wilson said, and only after recipients take a written test that can identify addictive behaviors.
Additionally, the law would not automatically revoke a person's benefits but would require that they enroll in a treatment program. Wilson said his intent with House Bill 155 is to help people get their lives back on track.
"We'll identify people sooner that are having a problem so we can get them into the system, and help get them working again," Wilson said Monday.
Regardless of the intent of the bill, American Civil Liberties Union of Utah attorney Marina Lowe said the constitutional concerns about unreasonable searches will likely remain when the final bill language is unveiled. Currently, the bill is still being drafted.
Last fall, a federal judge issued a temporary injunction against a Florida law passed in 2011 that required drug testing as a condition for receiving welfare. It was the first bill passed by a state since Michigan's random drug testing program for welfare recipients was halted in 1999 by a judge. That legal fight lasted four years and ended with an appeals court ruling it unconstitutional.
Beyond the constitutionality of the law, Lowe said it's disappointing that lawmakers would single out welfare recipients as a group in need of drug testing.
"We are concerned that there is a general perception that welfare recipients are using drugs at a higher rate than other people," Lowe said. "I don't see in other areas that beneficiaries of state money are being required to take drug tests."
At least one other Utah lawmaker is looking at drug testing requirements, although Rep. Lee Perry, R-Perry, said he would like to see it apply to all recipients. However, he will likely back Wilson's more narrow bill this year.
"We're not trying to be punitive," Perry said. "I want this to help these folks … it's paramount to get those who are using drugs off of them."