Drug testing for jobless benefits arises in SD

Talk about it

PIERRE — The Legislature declined to pass a law this year that would have allowed the Department of Social Services to administer drug testing to some welfare recipients in South Dakota. Now, the issue of drug testing as a condition for unemployment benefits has arisen.

The state Unemployment Insurance Advisory Council discussed the matter Wednesday after a legislator contacted several of the council members, including Labor Secretary Pam Roberts. She said it’s possible that legislation will be introduced by a lawmaker during the 2012 session that opens in January.

Roberts said it’s illegal under federal law to require drug testing as a condition for receiving unemployment benefits, but there is another route that would appear to be legal. She said drug testing could be required of people receiving unemployment benefits, in order to show the person is available for work. Many businesses require a clean drug test as a condition for hiring.

But she added that drug testing could be required of people receiving unemployment benefits in order to show the person is available for work. Many businesses require a clean drug test as a condition for hiring.

“The issue is, we have no money to do it,” Roberts said. The cost of conducting a drug screen weekly for a jobless worker receiving about $300 in weekly benefits would need to be weighed, she said.

Council member Shawn Lyons, who is head of the South Dakota Retailers Association, said drug testing for the unemployed is a national topic.

“My counterparts in other states are talking about it,” he said.

Another council member, Paul Aylward, of Huron, asked why other sectors aren’t required to submit to drug testing including legislators. He is a representative of labor on the council.

“I take offense to that, that we’re picking out unemployed workers,” Aylward said.

During the 2011 legislative session Rep. Mark Venner, RPierre, introduced a measure that would have allowed the Department of Social Services to require a drug test for any adult recipient of temporary aid to needy families if there was reasonable cause to believe illegal use of a controlled substance had occurred.

A violation would have resulted in a one-year suspension of TANF benefits. The legislation, HB 1152, was amended in the House of Representatives to allow the department to conduct random testing. The measure failed on a 32-36 vote.

A Florida state law that provides for drug testing of welfare recipients currently is under court challenge by the American Civil Liberties Union.

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