Bill Pre-filed In Kentucky's General Assembly To Drug Test Folks Who Receive State Assistance.
People on aid could face drug tests
Bill would allow for screening of those receiving state assistance
By ANDREW ROBINSON
A bill pre-filed in the Kentucky General Assembly could require people to submit to drug screenings if they’re receiving public assistance from the state. However, opponents say there are constitutional issues with the measure.
BR63, filed by state Rep. Lonnie Napier, R-Lancaster, would set up a testing program for any adult suspected of using drugs who receives food stamps, state medical assistance and other public aid.
State Rep. Jody Richards, D-Bowling Green, said that while he supports the concept, there have been issues in the past with similar bills concerning whether such a program violates the Fourth Amendment of the U.S. Constitution.
He said the Fourth Amendment protects citizens from unusual search and seizure, and there’s no evidence that a person receiving public assistance is more likely to use drugs than a member of the general population.
It’s the second consecutive session Napier has filed such a bill. In the 2011 session, House Bill 208 received a hearing in the House Health and Welfare Committee but never came up for a vote, according to a news release from the Kentucky House Republican Caucus.
“Many Americans understand that we need to balance the needs of helping those who legitimately use public assistance to support their families with eliminating the fraud of individuals who sell their food stamps and use their welfare drug checks to feed a drug habit,” Napier said in a statement.
State Rep. Jim DeCesare, R-Bowling Green, said he hadn’t had a chance to look at the most recent filing, but said he believes if the bill gets a fair hearing in a committee, it would have a shot of going to the floor for a vote.
“That whole (constitutionality) excuse is just a cop out and nothing more than an excuse,” DeCesare said.
The bill would allow for any children of a parent or guardian who tests positive to continue receiving public assistance, and would allow individuals who later test negative to be eligible to receive public assistance again.
“What it shines light on is the people who are living on the government dime who are not using money where it should be - to support themselves and their families,” DeCesare said. “And instead you find some people using it to buy drugs and lottery tickets, and that’s not what it’s intended for.”
DeCesare described the bill as “statement legislation.”
“It’s a pretty decent statement and a heads-up to those people getting public assistance - make sure you’re using the money for the right reasons and not the wrong reasons,” he said.
Richards said there have been several efforts in the past to stem increasing drug problems in the state through legislation.
“There’s no question illegal narcotics are a huge problem in Kentucky and we’ve tried to curtail them in a variety of ways, and there always have been, for the last several years, bills to attack certain segments of the problem,” Richards said.
Bill would allow for screening of those receiving state assistance
By ANDREW ROBINSON
A bill pre-filed in the Kentucky General Assembly could require people to submit to drug screenings if they’re receiving public assistance from the state. However, opponents say there are constitutional issues with the measure.
BR63, filed by state Rep. Lonnie Napier, R-Lancaster, would set up a testing program for any adult suspected of using drugs who receives food stamps, state medical assistance and other public aid.
State Rep. Jody Richards, D-Bowling Green, said that while he supports the concept, there have been issues in the past with similar bills concerning whether such a program violates the Fourth Amendment of the U.S. Constitution.
He said the Fourth Amendment protects citizens from unusual search and seizure, and there’s no evidence that a person receiving public assistance is more likely to use drugs than a member of the general population.
It’s the second consecutive session Napier has filed such a bill. In the 2011 session, House Bill 208 received a hearing in the House Health and Welfare Committee but never came up for a vote, according to a news release from the Kentucky House Republican Caucus.
“Many Americans understand that we need to balance the needs of helping those who legitimately use public assistance to support their families with eliminating the fraud of individuals who sell their food stamps and use their welfare drug checks to feed a drug habit,” Napier said in a statement.
State Rep. Jim DeCesare, R-Bowling Green, said he hadn’t had a chance to look at the most recent filing, but said he believes if the bill gets a fair hearing in a committee, it would have a shot of going to the floor for a vote.
“That whole (constitutionality) excuse is just a cop out and nothing more than an excuse,” DeCesare said.
The bill would allow for any children of a parent or guardian who tests positive to continue receiving public assistance, and would allow individuals who later test negative to be eligible to receive public assistance again.
“What it shines light on is the people who are living on the government dime who are not using money where it should be - to support themselves and their families,” DeCesare said. “And instead you find some people using it to buy drugs and lottery tickets, and that’s not what it’s intended for.”
DeCesare described the bill as “statement legislation.”
“It’s a pretty decent statement and a heads-up to those people getting public assistance - make sure you’re using the money for the right reasons and not the wrong reasons,” he said.
Richards said there have been several efforts in the past to stem increasing drug problems in the state through legislation.
“There’s no question illegal narcotics are a huge problem in Kentucky and we’ve tried to curtail them in a variety of ways, and there always have been, for the last several years, bills to attack certain segments of the problem,” Richards said.
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