Indiana's state lawmakers would have to submit to drug tests before they get perks like parking spots and laptops under
a plan advanced Monday by the state House of Representatives.
The testing proposal is part of a bill introduced by Rep. Jud McMillin, R-Brookville, that would mandate Indiana's welfare
recipients take drug tests before receiving any assistance. But McMillin withdrew his measure last week after lawmakers amended
it to also require lawmakers to submit to drug tests.
McMillin said he withdrew the measure because the drug testing of legislators would be unconstitutional. But he brought a
diluted version the bill back for consideration on Monday.
"This particular amendment would provide for legislative drug testing in in a way that I fully believe would meet constitutional
muster," he said.
Indiana lawmakers overwhelmingly chose McMillin's pared-down drug test for themselves Monday, voting 81-15 for the proposal.
The diluted plan would limit the number of lawmakers who are tested and give the House speaker and Senate president pro tem
the power to test lawmakers they suspect of using drugs.
Democrats argued that Indiana's poor should not be the lone targets of drug testing, in one instance offering an amendment
that would have mandated business owners who receive tax breaks and loans from the state take drug tests as well.
"I think at some point the people of Indiana want consistency when government money is given, about whether or not somebody
is drug free when they accept it," said Rep. Ryan Dvorak, D-South Bend, who authored the original amendment requiring
lawmakers to submit to the tests.
The overarching question of constitutionality and Fourth Amendment protections against search and seizure has led federal
courts to block drug-testing of welfare recipients in other states.
A federal judge ordered last year that Florida's testing law be put on hold while a challenge from the ACLU and a single
father works its way through the courts. A federal appeals court blocked Michigan's attempt to mandate drug testing in
2003.

















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you have to have a background check/drug test for just about every job, even as a state employee. why then there is no background check/drug test for legislators,
answer is, BECAUSE THEY MAKE THE LAW'S and don't like being treated like Normal people, they are, ABOVE THE LAW, don't you people know that by now... if they were tested, a lot would lose there jobs.
testing welfare people is about keeping the money. it's cost cutting, the less they have to pay out the more they keep, this law has nothing to do with getting people off drugs or finding clean people, it's about the state keep as much money as the can. Welfare, Unemployed is a shell game, they keep moving the target so you have to jump thru hoops, all along the state is wishing you make the wrong move. then "denied' that way, they keep more money. it's not about helping people at there lowest for a Republican, to a Republican it's 'THERE' money, not the tax payers. Yes, there are some deadbeats, but the same could be said about our legislators.
Proud resident of the Mississippi of the north!