The GOP war on the unemployed continues

Posted by AzBlueMeanie:

Saying it should be no different than applying for a job, state lawmakers are moving to allow the Department of Economic Security to require drug tests of those seeking unemployment insurance. AZ lawmakers want drug testing for unemployment benefits – East Valley Tribune:

But the legality of the move remains in question.

SB 1495, which gained preliminary Senate approval this past week, is being pushed by Sen. Steve Smith, R-Maricopa.

“With near-record rates of unemployment that we’ve seen over the last year or so, if you are fortunate enough for your state to pay you while you’re looking for a job, as far as I’m concerned, the very least you should be is in a suitable state of mind to search for a job,” he said. “If you are on drugs, you cannot pass a drug test, odds are you can’t pass an interview — if you’re going on them as you’re supposed to be.”

Smith’s original legislation called not only for all applicants to pass a drug test as a first step in eligibility but also mandatory testing for those already receiving benefits. But he agreed to scale that second half back, instead authorizing random tests for current recipients.

Anyone who fails would be denied benefits for 30 days but could reapply at that time.

The legislation also authorizes random drug tests for those who already have been approved. A positive test means the loss of that month’s benefits and a requirement for monthly tests for the next six months; a second failure kills benefits, with no new application allowed for another six months.

Several other states have imposed similar requirements.

But Ellen Katz, an attorney with the William E. Morris Institute for Justice, said these probably pass legal muster because they are predicated on some reasonable suspicion; Smith’s proposal does not.

Her contention was backed by DES lobbyist Erin Raden.

“In our initial analysis … we do think there would be some severe conformity problems with federal law,” she said. And that, Raden said, would endanger the $27 million Arizona gets in federal funds to administer the program.

A new federal law that took effect last month does specifically permit states to drug test applicants for unemployment insurance.

Sen. David Lujan, D-Phoenix, however, said that is limited to two circumstances: Where the worker was fired for a drug-related offense or where the only suitable work for the applicant is in a field where drug testing is mandatory, like an interstate truck driver.

Not only this, but Sen. Smith wants the newly unemployed to suffer the further indignity of having to pay for the privilege of taking a drug test after having just been laid off from work.

Smith said the drug tests are “very inexpensive,” with estimates in the $8 to $13 range. Anyway, he said, there is no reason the state should pick up the tab.

“The taxpayer is already paying your monthly salary,” he said.

This idiot fundamentally misunderstands unemployment insurance compensation — it is not welfare but insurance (UI).

Sen. Ron Gould, R-Lake Havasu City . . . pointed out that benefits come from a special insurance fund which is financed by assessments against employers.

Of course, Smith said that’s irrelevant. Don't bother me with inconvenient facts.

The Arizona Senate gave final approval to the measure on Monday. Senate OKs bill requiring unemployment drug tests:

The bill [directs] the Department of Economic Security, which administers unemployment benefits, to set up a random drug testing system. Anyone who fails either an initial or random test would be ineligible for benefits for a period of time.

The bill was approved on an 18-10 vote on Monday and now advances to the House.

It's time to offer an amendment to require drug testing for state legislators, because these Tea-Publicans are clearly high on something. This is what happened with a similar punitive unemployment insurance bill in Indiana. Welfare Drug Testing Bill Withdrawn After Amended To Include Testing Lawmakers:

A Republican member of the Indiana General Assembly withdrew his bill to create a pilot program for drug testing welfare applicants Friday after one of his Democratic colleagues amended the measure to require drug testing for lawmakers.

"There was an amendment offered today that required drug testing for legislators as well and it passed, which led me to have to then withdraw the bill," said Rep. Jud McMillin (R-Brookville), sponsor of the original welfare drug testing bill.

The Supreme Court ruled drug testing for political candidates unconstitutional in 1997, striking down a Georgia law. McMillin said he withdrew his bill so he could reintroduce it on Monday with a lawmaker drug testing provision that would pass constitutional muster.

"I've only withdrawn it temporarily," he told HuffPost, stressing he carefully crafted his original bill so that it could survive a legal challenge. Last year a federal judge, citing the Constitution's ban on unreasonable search and seizure, struck down a Florida law that required blanket drug testing of everyone who applied for welfare.

McMillin's bill would overcome constitutional problems, he said, by setting up a tiered screening scheme in which people can opt-out of random testing. Those who decline random tests would only be screened if they arouse "reasonable suspicion," either by their demeanor, by being convicted of a crime, or by missing appointments required by the welfare office.

* * *

Democrats in several states have countered with bills to require drug testing elected officials. Indiana state Rep. Ryan Dvorak (D-South Bend) introduced just such an amendment on Friday.

"After it passed, Rep. McMillin got pretty upset and pulled his bill," Dvorak said. "If anything, I think it points out some of the hypocrisy. … If we're going to impose standards on drug testing, then it should apply to everybody who receives government money." [Including corporate welfare recipients]

Dvorak said McMillin was mistaken to think testing the legislature would be unconstitutional, since the stricken Georgia law targeted candidates and not people already holding office.

So to our Tea-Publican legislators, you first! Here's your cup. I will bet some of you don't pass.