Columbus Dispatch...
Drug tests for legislators?
Proposal to screen public-aid recipients prompts call to test state officials
By Jim Siegel 

Last week, a northeastern Ohio Republican said he plans to introduce a bill requiring anyone who gets public assistance from the state to first pass a drug test. 

Yesterday, a Democrat from the same region countered with a proposal requiring the same of legislators and Ohio Supreme Court justices. 

“Pass me the cup — I’m ready to go,” responded Sen. Timothy J. Grendell, R-Chesterland, regarding his willingness to be drug-tested. 

Following in the footsteps of Florida, which in late May became the only state to begin mandatory drug testing of welfare recipients, Grendell has offered what appears to be an even-more-expansive proposal for Ohio. 

Under his plan, any Ohioan who needs unemployment benefits or medical, housing, food or energy assistance must first submit to a drug test. The applicant would have to pay for the test — which generally costs $30 to $50 — but would be reimbursed after passing it. 

Failing the test the first time would make the person ineligible for state funds or public assistance for a year, or until he or she undergoes treatment. Failing a second time would ban the person from public assistance for three years. 

Sen. Tim Schaffer, R-Lancaster, introduced a similar bill earlier this year. 

Unhappy with that idea, Rep. Robert F. Hagan, D-Youngstown, yesterday proposed mandatory drug and alcohol testing of state legislators, Supreme Court justices, other statewide elected officials and board members of JobsOhio, the new nonprofit entity that is taking over state economic-development efforts. 

“It is hypocritical to demand that the average Ohioan and working poor should be held to a higher standard than the political elite in this state,” Hagan said in a release. “Substance abuse is substance abuse, and receiving tax dollars is receiving tax dollars. It shouldn’t matter who you are.” 

Hagan said consequences of positive tests, in the case of JobsOhio board members, would be removal from public office, and for others would include required treatment, possible impeachment and the risk of facing a recall election. 

Grendell said he has no problem requiring elected officials to take drug tests, although he noted that the U.S. Supreme Court in 1997 struck down a Georgia law that required state candidates to take drug tests before qualifying for the ballot. 

“I have no problem with anybody in a position as a fiduciary to the taxpayers being subject to that requirement,” Grendell said. 

In 2003, a divided 6th U.S. Circuit Court of Appeals in Cincinnati struck down a Michigan law requiring drug testing for parents who receive welfare benefits. 

Lawmakers in a handful of states are considering laws similar to the one passed in Florida. Indiana last month approved drug tests for participants in a state job-training program. The Tampa Tribune newspaper in Florida reported that in the first month of testing, 2 percent of Florida welfare applicants tested positive. 

Such legislation “is based on bias, not fact,” said Bill Faith, executive director of the Coalition on Homelessness and Housing in Ohio. 

Grendell’s proposal would not affect benefits going to children. A parent who fails a test would have to name a state-approved person to receive and administer cash and other benefits on behalf of children. That person also would have to pass a drug test. 

“It’s a principle issue,” Grendell said. “We should not be using tax dollars for illegal drug purposes when they should be used for food, shelter and medical care. And part of my idea is, if you flunk the test, you can get treatment.”

Read it at the Columbus Dispatch