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Scott Walker Implements Backdoor Way To Drug Test People For Unemployment Benefits

Wisconsin Gov. Scott Walker (R) CREDIT: AP PHOTO/MORRY GASH
Wisconsin Gov. Scott Walker (R) CREDIT: AP PHOTO/MORRY GASH

Under current law, states aren’t allowed to institute drug tests for unemployment benefits. But that hasn’t kept Wisconsin Gov. Scott Walker (R) from trying.

In July, Walker approved legislation that would implement drug tests for both unemployment benefits and food stamps, neither of which are currently permissible. To get his way, he’s suing the government to allow him to move forward with implementation, arguing that these programs are “welfare” just the same as the welfare cash assistance program, Temporary Assistance for Needy Families, that does in fact allow states to implement drug tests.

But in the meantime, he took steps this week to do as much as he can under his limited authority. On Wednesday he authorized new rules that allow employers to voluntarily submit information about drug tests they made people take as a condition of employment. If any of those employees end up seeking unemployment benefits but failed the employers’ drug tests or declined to take one, they can be denied benefits unless they agree to get taxpayer-funded drug treatment.

“This new rule brings us one step closer to moving Wisconsinites from government dependence to true independence,” Walker said. “We frequently hear from employers that they have good paying jobs, but they need their workers to be drug-free. This rule is a common-sense reform which strengthens our workforce by helping people find and keep a family supporting job.”

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But past experience from states that drug test welfare recipients shows they are anything but common sense. The positive test result rates are far lower than the drug use rate for the American population as a whole — last year, some states didn’t turn up any positive tests at all. Meanwhile, they are quite costly: states collectively spent nearly $2 million administering the programs over the last two years.

Walker’s plans to spread drug tests to other programs are mostly on hold. In the meantime, beyond suing the government, he’s asking Congress to give him permission. He’s reached at least one sympathetic ear in Rep. Robert Aderholt (R-AL), who chairs the House Agriculture Appropriations Subcommittee that administers food stamps. He’s put forward a measure that would allowing testing for that program.