WVA DRUG TESTING BILL IS PRECEDED BY HYPE

CHARLESTON -- It's on talk radio, the Internet and the Republican
Party's priority list: so far, a GOP delegate's attention-grabbing
drug testing bill is everywhere but before the Legislature.

Berkeley County lawmaker Craig Blair has been promising for over a
week to introduce a bill requiring drug testing for people who receive
food stamps, unemployment or "welfare," which could refer to several
federal programs.

With a rollout that includes his own dedicated Web site, mentions in
the press and the rare step of an endorsement from the state party's
executive committee, the proposal has become like the Mothman of
legislation -- everyone's talking about it, but not many people have
actually seen it.

Blair, who hoped the bill would be ready by last Wednesday, put the
draft language on his Web site, www.notwithmytaxdollars.com, to answer
some of the questions about specifics.

I was hoping it would be ready this week, to be honest," Blair said,
adding that the proposal has been sent to the legislative bill
drafting room -- the step before it can be offered to co-sponsors. "I'm
not sure what's taking so long."

In a session devoted largely to fiscal policy, with little in the way
of major initiatives or new proposals, Blair's idea is stealing the
spotlight.

I'm having people walk up to me and and give me a hug and say thank
you," Blair said. "It doesn't matter if it's Republicans, Democrats.
People have wanted something like this for a long time."

Last weekend, the Republican Party's executive committee took the
unusual step of endorsing Blair's idea.

I think there's one phrase we've heard from people more often than any
other, and that's it's about time," said Gary Abernathy, the party's
executive director.

On the other hand, Abernathy said, it doesn't hurt that the idea is
coming up now, when the Legislature seems likely to spend the session
watching the budget and discussing federal stimulus aid.

It's a session where people are looking for something to talk about,"
Abernathy said.

Once the bill does come before House committees, though, its status as
belle of the ball may be tarnished by the realities of the legislative
process.

The draft language on Blair's Web site doesn't address cost, which
will be one of the factors lawmakers weigh in looking at the proposal.

The bill calls for random drug tests to be undertaken by the Division
of Human Services. If a person fails, they'll be given a second test
in 30 to 60 days. If they fail again, they'll lose their public assistance.

It's intended for anyone receiving benefits under the Supplemental
Nutrition Assistance Program, formerly known as food stamps,
unemployment compensation or "welfare," which could refer to the
Temporary Aid to Needy Families program, the Women, Infants and
Children program, or both.

Regardless, that's a substantial slice of the state's population, with
roughly 288,000 West Virginians receiving food stamps alone, according
to the latest federal figures. With estimates cited by Blair that drug
tests cost from $50 to $150 a pop, the bill could be pricey, depending
how many random tests are administered each month.

There's also the fact that the stiffest criticism of the idea so far
has come from one of Blair's fellow Republicans: Randolph County Sen.
Clark Barnes.

Barnes once collected unemployment compensation and food stamps after
losing a job in the 1970s, and said, "I can't imagine having to suffer
the insult of taking a drug test in addition to that."

He says Blair's proposal is contrary to the party's stance on
Constitutional rights and civil liberties.

As Republicans, we always complain about regulation, regulation,
regulation," Barnes said. "But some of our leading Republicans, when
it's politically profitable, want to create more regulations and more
government."

Blair, who got the idea for the bill after hearing that five children
were recently born in an Eastern Panhandle hospital with drug
addictions, disagrees. He's confident his bill won't meet the same
fate as a similar Michigan law, which was struck down by a court in
2003.

We're not trying to hurt people, we're trying to help them get off
drugs and get back to work," Blair said. "There are people who go out
and sell their blood for money, do all kinds of things for money. Who
out there wouldn't be happy to pee in a cup for a $300-a-week check?"