Indiana Senate OKs drug testing for some welfare recipients

The Indiana Senate approved a bill Tuesday that would require drug testing for some welfare recipients, even as critics question the constitutionality of the measure.

The Senate voted 34-14 in favor of the bill, a scaled-back version of a proposal previously approved by the House. It would require welfare recipients with a drug conviction to be tested, regardless of how old or minor the offense.

The House version would go even further. It would require all welfare recipients to be screened for drug addiction and would put nutritional requirements on food stamps to keep recipients from buying junk food.

Appointees from the two chambers will now meet to work out their differences. If their compromise legislation wins support from both houses, it would go to the governor for final approval.

If House Bill 1351 is enacted, Indiana would join at least nine other states in requiring some level of drug testing to receive public assistance.

Regardless of which version emerges, a major question remains: Would the law violate the U.S. Constitution's protection against unreasonable searches as spelled out in the Fourth Amendment?

A federal judge recently halted Florida's welfare drug-screening program, saying it violated that amendment.

Supporters of the Indiana proposal have sought to avoid a similar problem by linking drug tests to past drug convictions.

"We've had the opportunity to learn from what happened in Florida," said Rep. Jud McMillin, the Brookville Republican who authored HB 1351. "I think we're taking the steps necessary to avoid what happened in Florida by including some degree of reasonable suspicion."

Critics, however, say the measure still fails to meet that requirement.

During debate Tuesday, Senate Minority Leader Tim Lanane, D-Anderson, pointed out that someone convicted of possessing a single joint 45 years ago would be tested.

"That's the only blot on their criminal history at all, and you think that would constitute reasonable suspicion?" he said.

In response to such criticism, the bill's Senate sponsor, Michael Young, emphasized that the state's 26,000 welfare recipients — fewer than half of whom are adults — would not immediately lose their benefits if they tested positive.

Instead, they would have a chance to enter treatment. Only if they repeatedly test positive for drugs would their benefits be stripped for three months, said Young, R-Indianapolis.

Children of recipients who have their benefits revoked would continue to receive benefits through a trustee.

"We're not trying to harm anyone," Young said. "We're just trying to get people help who might have an addiction."

But Ken Falk, legal director for the American Civil Liberties Union of Indiana, said motivations won't matter when the case is challenged in court.

"Merely because you were convicted of an offense in the past doesn't mean there's justification for testing in the future," he said. "If they do pass this and people contact us, we would certainly represent them in such litigation."

Call Star reporter Tony Cook at (317) 444-6081. Follow him on Twitter: @indystartony.