CHEYENNE, Wyo.—Some state welfare recipients would be forced to take drug tests to qualify for benefits under a bill that cleared its first hearing in a legislative committee on Friday.
The House Labor, Health and Social Services Committee endorsed the bill by a 6-3 vote, sending it to the full chamber for consideration.
Lawmakers in several other states, including Colorado, are considering similar proposals. The Wyoming measure would apply to people in the state’s Personal Opportunities with Employment Responsibilities program. Those who tested positive for illicit drugs would be ineligible to apply again for state aid for a month.
Sponsors Rep. David Miller, R-Riverton, told the committee he intends House Bill 82 to put pressure on people with drug problems to get help. He said after the hearing that he sees no reason for the state and federal governments to subsidize people who abuse drugs in these tight financial times.
Rep. Keith Gingery, R-Jackson, was among those who voted against the bill. “If I’m an idiot, and I’m taking drugs, does that affect my kids?” he said. “Why should they be punished if I’m an idiot?”
Miller responded that the bill is intended to “put pressure on the parent to get clean, and help their situation.”
Heather Babbitt, administrator of the welfare program with the Wyoming Department of Family Services, told the committee that children could still receive benefits under the program if they’re eligible for assistance even if they’re parents were disallowed following a positive test results.
She said the parent could designate another person, who would also have to be tested for drugs, to handle the payments for the child.
Average monthly enrollment in the program is 347 families statewide, Babbitt said. She said the federally funded program pays $330 a month for one person, with a maximum of $646 for a family of 12.
Urinalysis would cost about $35 per test, Babbitt said. The bill specifies that the state would cover the cost of testing for drug people who couldn’t afford it.
Sen. Ray Peterson, R-Cowley, a bill sponsor, told the committee the bill is necessary to control wasteful spending.
“We’re tired of being taxed to subsidize wrong and poor decision-making of others,” Peterson said.
About three dozen states debated proposals last year to require drug screenings before receiving government aid. A handful passed laws, including Florida, where the regulation is being challenged. Utah this year is considering legislation to screen for drugs before providing government aid.
Linda Burt, with the Wyoming ACLU, urged the committee to reject the bill. She said it unconstitutionally targets poor people and said the state has no probable cause to require the tests.
“Everybody wants to deal with the problems of drugs, and everybody wants to deal with the programs of families that have drug problems,” Burt said.
Truly addressing the issue in Wyoming should require making more drug treatment facilities available, she said. There aren’t enough in-patient beds available in the state that would allow single mothers facing drug issues to get timely treatment while caring for their children, she added.
“Being poor is not a crime,” Burt said. “These are people who for whatever reason are going into a program who want to get work skills and work training, and learn how to work.”
Committee Chairman Rep. Elaine Harvey, R-Lovell, responded that she doesn’t agree with Burt’s criticism that the bill amounts to an attack on poor women. She said many men, including her husband, have to submit to random drug testing on a regular basis to keep their jobs.
“My pushback is, the real world says, if you want the money, test negative for drugs,” Harvey said.
