A Republican member of the Indiana General Assembly withdrew his bill to create a pilot program for drug testing welfare applicants Friday after one of his Democratic colleagues amended the measure to require drug testing for lawmakers.
"There was an amendment offered today that required drug testing for legislators as well and it passed, which led me to have to then withdraw the bill," said Rep. Jud McMillin (R-Brookville), sponsor of the original welfare drug testing bill.
The Supreme Court ruled drug testing for political candidates unconstitutional in 1997, striking down a Georgia law. McMillin said he withdrew his bill so he could reintroduce it on Monday with a lawmaker drug testing provision that would pass constitutional muster.
"I've only withdrawn it temporarily," he told HuffPost, stressing he carefully crafted his original bill so that it could survive a legal challenge. Last year a federal judge, citing the Constitution's ban on unreasonable search and seizure, struck down a Florida law that required blanket drug testing of everyone who applied for welfare.
McMillin's bill would overcome constitutional problems, he said, by setting up a tiered screening scheme in which people can opt-out of random testing. Those who decline random tests would only be screened if they arouse "reasonable suspicion," either by their demeanor, by being convicted of a crime, or by missing appointments required by the welfare office.
