Receive a welfare drug test first 26 states in this state are following up on the legislation article cover image
News/Community Wire/Archive/Apr 24, 2011
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Receive a welfare drug test first 26 states in this state are following up on the legislation

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Take a drug test before receiving benefits. 26 states in this state are following up on the legislation. In view of the complaints from many business owners that some unemployed workers who have been recruited cannot be hired because they cannot pass the drug test, all...

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26 states have followed suit in enacting drug tests before receiving benefits. In view of the complaints from many business owners that some unemployed workers cannot be hired because they cannot pass drug tests, the National Association of State Legislatures pointed out that 27 states in the United States are currently considering legislation this year that will require recipients of various assistance such as government unemployment benefits to pass drug tests. However, this move will be unconstitutional. USA Today reported that Peeler, chairman of the South Carolina Senate Labor, Commerce and Industry Committee, introduced a bill in February this year that would stop unemployment benefits for unemployed workers who cannot pass drug tests. The bill has been sent to the state Senate for consideration after being passed by the state House of Representatives last week. However, Roti, director of the American Civil Liberties Union's Criminal Law Reform Project, said that a law requiring passing a drug test as a condition for receiving government benefits would be unconstitutional. Roty pointed out that the Supreme Court ruled in 1989 that "non-suspicious searches" involving random drug testing violate the Fourth Amendment's protection against unreasonable searches and seizures, unless there is a special need for public safety. However, many states are still pushing for similar bills. The state is passing a bill that would require all recipients of government benefits to submit to random drug testing. In addition, Florida has introduced three similar bills since March. Scott, the state's Republican governor, also said: "He absolutely supports drug testing." Massachusetts has also proposed a bill that would require people receiving government assistance to undergo random drug testing. If the test result is positive, they must participate in a detoxification program. Meghan Douchy, communications director for the National Association of State Legislatures, said more than 20 states, including New York, Connecticut and California, are also considering similar legislation.

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