DRUG TESTING IS SOUND POLICY

I recently introduced a bill (H.6) that would require drug testing of
welfare recipients to qualify for benefits. If they test positive,
treatment would be required, and if the problem persisted, eventual
reduction of individual cash benefits could occur. Some have stated my
approach is "counterproductive and unconstitutional." I say ignoring the
situation is perpetuating the problem.

Vermont is a very compassionate state and treats all people with dignity
and respect. However, government should help people by encouraging behavior
that helps them achieve self-sufficiency, preserves family, nurtures
children and avoids poverty.

Vermont has approximately 15,000 people receiving Temporary Assistance for
Needy Families (TANF/welfare) benefits. That's about 46 percent of what the
rolls were before the implementation of welfare reform in the 1990s.
Correspondingly, Michigan has 190,000 on welfare, which is 70 percent less
over the same time period.

On a recent visit to our county court I learned that a great many cases in
family court are alcohol- and drug-related. A judge said that most of those
cases are recipients of TANF. A lawyer in our state attorney's office
indicated most of the cases in family court have substance abuse issues. A
report issued by the Legal Action Center indicates welfare recipients
report higher rates of alcohol and drug use than non-recipients do. Another
report indicates half of the welfare parents with children have substance
abuse problems. Many front-line welfare and child workers believe estimates
understate the problem.

Michigan was the first state to put a drug-testing program in place. Eleven
other states have some form of drug-testing for welfare recipients. The
American Civil Liberties Union challenged the Michigan law and a U.S.
district judge, Victoria Roberts, ruled it was unreasonable search and
seizure, and halted it. However, the Sixth Circuit Court of Appeals
reversed Roberts' decision, saying that drug- testing is constitutional and
based on a legitimate need to protect children and the public.

The court further said the public has an interest to ensure public money is
expended for what it's intended, and that it is not spent in ways to
endanger the public and children. The court indicated welfare recipients
should have a "diminished expectation of privacy" and that the privacy
interest of recipients doesn't outweigh the state's interest.

The only place success comes before work is in the dictionary. The goal of
H.6 is to help people who are dependent on welfare and alcohol and drugs to
recognize they have a problem and give them access to treatment to overcome
their addictions. This will foster healthy families and effectively move
more people from welfare to work.

This approach is the right thing to do, and the Legislature should address it.

Rep. FRANK MAZUR

South Burlington