Legislators weighed the legal limits and costs of drug testing welfare recipients Wednesday, but fell short of deciding to move ahead with a potential law.
At the request of a constituent, Sen. Dennis Stowell, R-Parowan, had asked that the issue be studied, but explained that he had yet to take a position on the idea.
"There may be more cost-effective ways than doing random drug testing," he said.
At issue is whether drug users should be allowed to receive financial support through the state. Utah would not be the first to explore this question, though many have encountered legal hurdles. Michigan passed a law that was struck down by the courts, which found "suspicionless drug testing" violated the Fourth Amendment.
Other states continue to consider testing options.
But Rep. Christopher Herrod, R-Provo, said common sense should prevail.
"If someone's on drugs, we shouldn't be giving them money," he said. "There's nowhere in the Constitution that says, 'You have a right to get welfare.' "
Rep. Neil Hansen, D-Ogden, had concerns about the "unintended consequences."
"If they don't receive welfare benefits, are they going to rob their neighbors?" he said. "A lot of times when they go for public assistance it's their last means of survival."
The cost to test all Utahns receiving "Temporary Assistance for Needy Families" would be high, said Melissa Smith, a policy analyst at the Community Action Partnership of Utah. She projected that testing all welfare recipients just once would cost about $255,000. A lawsuit against the state would likely cost more than $1 million.
Some substances can cause a drug test to be positive when in fact the person is not using illegal drugs.
"We risk putting people off the program who don't have substance abuse problems at all," she said.
Smith questioned what the impact would be on children if their parents could no longer receive benefits.
"From my perspective, I don't know what the answer is, but I'm finding myself more protective of my Constitutional rights," said Rep. Steve Mascaro, R-West Jordan. "All the discussion of cost on this has little or no meaning."
After the hearing, Stowell said he planned to discuss the issue with colleagues and then decide whether to study further, drop the issue or wait until the courts take action in another state.
