CHARLESTON, W.Va. — A final vote is expected Wednesday in the state House of Delegates on a bill that would create a three-year pilot project to drug test some applicants for welfare benefits.
The bill, which previously overwhelmingly passed the Senate, was moved forward on second reading during Tuesday night’s House floor session. Several amendments were proposed by Democrat delegates attempting to alter the legislation, all of which were shot down.
Del. Mike Pushkin (D-Kanawha) proposed an amendment getting rid of testing for marijuana as one of the banned drugs under the bill, which was rejected.
The bill maps out a program that would take place in West Virginia for those applicants where there is a “reasonable suspicion” they may be using drugs. A person would only lose their benefits after they failed a third drug test.
Language was argued as to whether the bill should incorporate “reasonable suspicion” or “probable cause” as a basis for requiring a drug test. Del. Barbara Evans Fleischauer (D-Monongalia), suggested that the bill was unconstitutional under the Fourth Amendment of the U.S. Constitution, which protects citizens against unreasonable searches and seizures and sets out requirements for search warrants based on probable cause.
Fleischauer’s amendment to, in her view, bring the bill into accordance with the U.S. Constitution was also voted down.
A bill proposed by Del. Shawn Fluharty (D-Ohio) would have required members of the state Legislature to undergo drug tests as well, but House Speaker Tim Armstead ruled the amendment not to be germane to discussion of the bill at hand.
The legislation includes a scale of consequences for failing a drug test. On the first offense the applicant maintains their benefits but is required to be enrolled in a drug treatment program as well as a job training program. On the second offense, the individual has the potential to lose their benefits for up to 12 months (while completing the same programs). Under a third offense, the applicant loses their benefits for life.
Currently, 13 states have legislation requiring some form of a drug test for people that are on welfare.
Under the proposed bill, the state DHHR would handle drug treatment programs for those that would fail the test.