CAPPELLI-BACKED BILL TO REQUIRE DRUG-TESTING IN WELFARE

If a local lawmaker has his way, drug users will have a hard time ever
receiving public welfare.

State Rep. Steven W. Cappelli, R-Williamsport, has sponsored
legislation requiring anyone receiving cash assistance under the
Temporary Assistance for Needy Families (TANF) program to be tested
for drug use.

"I just think the integrity of welfare is at stake," he
said.

Cappelli, a vocal advocate of rooting out welfare fraud, said too many
people are cheating the system, resulting in an explosion of funding
in public assistance.

While he concedes it would cost the state money to test the many
thousands of people receiving public assistance, Cappelli said the
state eventually would realize a savings by finding the drug users and
getting them off welfare.

"I'm in favor of it," state Rep. Garth Everett, R-Muncy, said. "Why
should we subsidize criminals?"

Cappelli and Everett said the legislation includes a provision to help
get drug users who fail testing off welfare and into drug treatment.

The legislation calls for:

* Subjecting welfare applicants and recipients to periodic random
drug testing.

* Allowing applicants and recipients to retest within 60 days of
failing a drug test.

* Denying applicants and recipients who fail a test from receiving
welfare benefits for one year.

Cappelli could provide no statistics indicating welfare recipients are
more likely to abuse drugs. He said many welfare recipients are
arrested for either selling or using drugs, however.

"I just know we have a public welfare assistance program that is
exploding with numbers," he said. "It's much cheaper to identify them.
If we have single mothers who are selling drugs, using drugs, that is
something we need to stop."

He said he doesn't believe such legislation discriminates against a
certain group of people, adding, "there is no right to public
assistance."

Everett, a practicing attorney, added: "You can't discriminate against
someone because they are a drug user. The fact that you are a drug
user is not a protected class."

Passing such a bill in the Democrat-controlled House could well face
an uphill battle, the lawmakers said.

"It may," Everett said. "They are going to say you are just punishing
people."

"I don't expect the delegation from Philly to support it," Cappelli
said. "I think the Republican caucus is behind it. I think it's up to
Democrats to support it."

He acknowledged that no other states have successfully passed similar
legislation.

The bill is part of a legislation package supported by the House
Republican Policy Committee's Welfare Reform Task Force.