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.
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.
“This bill allows suspicionless search and seizures,” she said.
“Under federal law, a drug test is a search and seizure,” Katz explained. “And it has to comply with the Fourth Amendment.”
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 drive.
There are other concerns.
Sen. Rich Crandall, R-Mesa, pointed out the legislation says that the cost of the drug test must be borne by the applicant.
“This is a person who has just been laid off, got their very last paycheck, and we’re going to say, hey, you have to pony up this money,” he said, even if the person has never used drug. “I struggle with that part of the bill.”
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.
Sen. Ron Gould, R-Lake Havasu City, said that’s not exactly correct. He pointed out that benefits come from a special insurance fund which is financed by assessments against employers.
Smith said that’s irrelevant.
“The bottom line is, somebody else is paying,” he said.
Sen. Al Melvin, R-Tucson, said he sees another benefit to mandatory drug testing. He cited the violence in Mexico linked to drug cartels.
“If we can cut down on the demand here, that’s a good thing for our country,” he said.
The legislation already has been approved by the Senate Appropriations Committee.
asuaguila posted at 11:44 am on Fri, Mar 2, 2012.
I would support this if all Public Officials were also screened in the same manner. After all unemployment and the salaries for public officials all come form the same source: the tax payer.
Leon Ceniceros posted at 11:47 am on Fri, Mar 2, 2012.
Hey....I will gladly pay $8-$13 to take a drug test and get .......$240.00 a month = FREE FOR 6 MONTHS OR WHATEVER.
Why are the Arizona Democrats complaining about having the taxes that hard-working Arizonian have to take out of their budget to ..........GIVE TO OUT-OF-WORK = STRANGERS.
Arizona Tax-Payers are supporting strangers to the tune of almost ..$1000.00 a month and these strangers are whinning because they have to take a ..drug test.
WHY SHOULD WORKING ARIZONIANS HAVE TO PAY FOR THEIR .........DRUG HABIT ???
dustbowl11 posted at 12:19 pm on Fri, Mar 2, 2012.
It would do no good to drug test the Legislature. There is no drug test for insanity.
Juggernaut8000 posted at 1:16 pm on Fri, Mar 2, 2012.
They should do this for welfare recipients as well.
Moderation posted at 1:37 pm on Fri, Mar 2, 2012.
I think we should drug test everyone. Now I just need to know how to get a license to run a drug testing lab. $10 for the screening test and then $100 for the confirmatory testing. Then there is also paying for the blood draw fee. I like this idea
Mike McClellan posted at 2:14 pm on Fri, Mar 2, 2012.
Let's drug test legislators when they introduce bills . . . given some of the 1,3000 in play this session, you just know some of the senators and reps had to have been high when they concocted them . . .
verycoldinaz posted at 2:32 pm on Fri, Mar 2, 2012.
Yes they should test them all . YOU PLAY YOU PAY.
kayelaz posted at 6:20 pm on Fri, Mar 2, 2012.
"AZ lawmakers want drug testing for unemployment benefits" .... and get this: YOU the unemployed HAVE TO PAY FOR IT! This is unbelievable that they would target those who are actually needing a job versus those WELFARE RATS who live off the taxpayers... My blood is F boiling at how F backwards our F elected officials are. I'm going to find the dumb F who introduced this piece of doo legislation Sen. Steve Smith, R-Maricopa and let him know just how F'd up I think he is and every jack who gave SB 1495 preliminary Senate approval this past week!!!! Go read the bill and see what activity has happened on this if you think it's jacked up! It does us no good to witch and moan here.
These are the Senators who VOTED YES for this bill: AL MELVIN, DON SHOOTER, SYLVIA ALLEN, RICK MURPHY, ANDY BIGGS, LORI KLEIN, RON GOULD
Now you know who doesn't support the WORKING AMERICANS - those who want a job versus those on Welfare!
Masterrogue666 posted at 6:48 pm on Fri, Mar 2, 2012.
FANTASTIC IDEA! The last job I applied for required me to show my SSN, take a drug test, and they did a background check. It's a great job, and it was worth it.
If I lost that job, I'd be willing to do the same. Technically, it's a paycheck in my eyes.
chatmandu002 posted at 6:54 pm on Fri, Mar 2, 2012.
I can go for that..
k33j88 posted at 8:26 pm on Fri, Mar 2, 2012.
Not only welfare reciprients, but those on SSI, food stamps, fuel assistance, emergency cash fund, housing assistance, access, EIC(earned income credit ), public education, and of course all of those extra "perks" a baby machine gets. Anything related to a "tax user" should be drug tested. It won't happen, this is the socialist-in-chief's base of support.
DrJCA1 posted at 11:42 am on Sat, Mar 3, 2012.
With the advent of computers, I don't see why they cannot put all public support on a smart phot-ID card, usable only for those items necesssary to live on, such as food, gasoline, & rent. No alcohol, drugs, or cigarettes, and if any hanky-panky with the card, it stops immediately and forever. A one-time thorough interview would tailor each situation to the person involved.
feisty13 posted at 9:09 am on Mon, Mar 5, 2012.
Good Idea. I knnow from Friends of mine that use their UI Benefits to buy Drugs. If that goes through, I bet, the Budget will improve. Drugtesting for Officials and other People wouldn't hurt either. Go for it.
andys posted at 7:52 pm on Mon, Mar 5, 2012.
@leon c .....The kind of drug test is more 120$ a pop. Who gets to pay? Somebody at a lab is about to get a big ol' state contract for pissing in a cup. Truth be told Im sure it will reduce the UI dollars that would be awarded to each. If we have to drug test the unemployed worker perhaps we should test our house and senate members too. Bet they would call that an invasion of privacy... my opinion. We pay for that coverage up front and I think they are changing the rules of the contract,
STVLady185 posted at 8:32 am on Tue, Mar 13, 2012.
This is one of the most ridiculous, useless laws AZ has come up with yet. It will have the effect of raising employer's share of unemployment tax from .06% to 6%. This is what it cost to cry about someone else getting a lousy $250 per week so they don;t starve. Use your brains people. If you approve of this law, think again or perhaps think for the first time. Your need to cry "no fair" every time someone gets a benefit that they PAID INTO while they were working is going to cost everyone a lot more than just letting them have the benefit. But don't worry, if you work at the lab who gets the contract for this you guys will all be set. that's what this is really all about, lining some schmuck's pocket. Kudos AZ you've been duped again!