The Kansas House just voted 99-26 in favor of implementing random drug tests for those receiving cash assistance from the state.
The bill now goes to the Senate.
The drug tests would be administered randomly to the nearly 15,000 Kansans receiving child care assistance, temporary assistance to families, and other cash subsidies for the poor. Those who test positive for drugs would be given treatment; after three failed tests, however, benefits would be denied.
Even if it’s signed into law, the measure wouldn’t be implemented until the state budgets the estimated $800,000 it would cost to administer the tests. There’s no money for the tests now.
During debate Tuesday, supporters said the tests would ensure tax dollars aren’t wasted on someone’s illegal drug habit. And they say it could encourage addicts to seek treatment.
The bill’s sponsor, Rep. Kasha Kelley, an Arkansas City Republican, said her motive is to get addicts in treatment. She notes that no one would lose benefits unless they repeatedly fail to get clean.
“Shouldn’t you only be fearful is you are using?” she asked.
But opponents said it’s an offensive attack on those receiving help from the state.
“We do not have the right to assume that poor people are more likely than the rest of us to take illegal drugs,” read a voting statement from Rep. Tom Sawyer, a Wichita Democrat, and other Democrats.
Congress has authorized the states to drug test anyone seeking or receiving public benefits, but only one state has done so. Michigan began random drug testing public assistance applicants a decade ago but stopped when a federal court ruled the tests unconstitutional in 2003.
Several states have recently debated similar measures.
At one point during Tuesday’s debate, House members discussed whether to require drug tests for those in the grandparents-as-caregivers program, which gives state aid to low-income grandparents raising their young grandchildren.
The House voted to exclude the program, but only after a few choice exchanges.
“Think about this for a second,” House Minority Leader Paul Davis, a Lawrence Democrat, said at one point. “You want grandpa and grandma to come down to a state office building so they can pee in a cup?”




Sadness
Oh, what a slippery slope Kansas is poised upon.
Rep. Kelley innocently asks “Shouldn’t you only be fearful is you are using?” By that logic, innocent, law-abiding citizens should not object to random searches of their homes and other state-sponsored activities that violate the Fourth Amendment.
Are people on public assistance any more likely to be using drugs than the rest of the population? Probably not. Even if they are, wy not tie the drug test to the issuance of drivers licenses? The logic could be the same -- it meakes sure people won't be driving while using and besides -- we only want to help people! This program would be even more effective than the one being contemplated because it would test a greater portion of the population.
The government may be allowed to put strings on its benefits, but there has to be a limit. I think the Constitution is an excellent place to draw the line.
Humbly submitted,
Tiberius the Calm