Rep. Jud McMillin
(Indianapolis, Ind.) – A local lawmaker is making a proposal to drug test welfare recipients, an idea that has been subject to legal challenges in other states.
District 68 State Rep. Jud McMillin (R-Brookville) tells Eagle 99.3 he is gathering input from constituents and researching a possible bill which would make drug testing a requirement for Hoosiers on public assistance.
“I firmly believe that entitlement reform must be addressed, not only in Indiana, but across the nation,” the second year lawmaker says.
McMillin could submit his bill for the 2012 General Assembly which convenes in January.
Similar laws already passed by legislatures in other states such as Missouri and Florida are being challenged. Opponents argue the testing requirement violates due process and the Fourth Amendment protecting against illegal searches and seizures.
Florida’s law requiring welfare recipients to pay for their own tests was ordered to be put on hold Monday as a federal judge in Orlando hears the case.
Ten years ago in Michigan, a law introducing mandatory drug testing in exchange for a government check was struck down with judges citing the Fourth Amendment.
McMillin has no proposal in writing, yet. As he crafts an Indiana version, McMillin is looking at the current and past cases, combing through the statutes that have been struck down and identifying the reasons the courts issue their decisions.
“Someone has to lead the charge (for entitlement reform) and find away to do it in a manner that the federal courts find to be constitutional. I am hopeful that we can do that right here in Indiana,” says McMillin.