Papers Please: House Bill Seeks Drug Tests For Welfare Recipients

 A new bill was introduced to the floor of the Senate Health and Human Resources Committee on
Tuesday, February 10, 2015. The bill in question, SB 348, would have staggering implications for welfare
recipients all across this state. This bill, should it pass and be signed into law, would essentially make all
welfare recipients undergo a drug test before they can be qualified to receive monetary assistance from
program such as TANF, or Temporary Assistance For Needy Families.
 This is one of many similar bills being introduced this year by many states across the country.
According to The National Conference of State Legislatures, as many as twelve states have introduced
bills such as SB 348 in recent times, with Tennessee enacting such a policy in July of 2014, and Michigan
signing a drug screening bill into law in December of 2014. It should be noted, however, that the bill
signed into law by Michigan’s Governor Rick Snyder is merely a pilot program that will only be
introduced in three counties for one year to see if it functions as intended. SB 348 is very similar to the
Bill that was passed in Michigan. SB 348 is designed to create a pilot program to see if drug screening for
welfare programs actually works.
According to the bill, “Under the program of drug screening, the secretary shall order a drug
screening of an applicant for or a recipient of cash assistance at any time when reasonable suspicion
exists that the applicant for or recipient of cash assistance is unlawfully using a controlled substance or
controlled substance analog.” If the welfare applicant or recipient tests positive for illegal substances,
then they may ask for the test to be sent to a second lab. If the second test comes back negative, then
the applicant or recipient will be reimbursed for the cost of the test. Should the result be the same
however, the applicant or recipient must “…complete a substance abuse treatment program and a job
skills program approved by the secretary…” and failure to do so will result in the applicant being
“…ineligible to receive cash assistance until completion of the substance abuse treatment and job skills
programs.” After completion of the training and substance abuse program, the recipient would be
subject to periodic screenings for up to a period that will vary depending on the secretary. A second
positive test result would have the consequence of welfare being suspended for a period of twelve
months, with complete disqualification for cash assistance after a third offense. Despite this, minors
would still be able to receive the cash assistance needed, but the money would be the responsibility of a
proxy or a third party, such as a grandparent, parent, or a legal guardian.
 This bill has caused much controversy from both sides of the political spectrum, with both
conservatives and liberals making valid arguments. Those in favor of drug screening believe that using
this method would ensure that abuses that sometimes occur within the welfare system would not
happen. Senator Chris Walters of Putnam County said in a statement to West Virginia Metro News that
testing is “…a no-brainer…” and that “We have the highest drug overdose death per population of any
state in the nation. West Virginia has the highest rate of babies born addicted to drugs of any state in
the nation population percentage wise.”
Opposition thinks that such a bill would unneeded strain on West Virginia’s already fragile state
budget. “When you talk about 16,000 people tested in Tennessee and roughly 60 who were either positive or refused the test. I think that’s about a third of a percent,” said Senator Corey Palumbo of
Kanawha County, “[It’s] an incredible amount of wasted money, time and effort and not to mention
what that does to people you are accusing of that.”
The pilot program is projected to cost roughly 1.3 million dollars in its first year, according to the
same press release given to West Virginia Metro News. Those with questions about the bill may read it
for themselves at www.legis.state.wv.us