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Senate advances TANF drug-screening bill after heated debate

Utah State Senate · March 7, 2012
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Summary

Lawmakers debated and advanced HB 155, which would require a screening questionnaire and targeted drug testing for participants in Utah’s Family Employment (TANF) program; supporters said it identifies and treats addiction, opponents warned of harm to children and constitutionality. The measure will go to third reading.

The Utah Senate on March 6 advanced House Bill 155, a bill that would require applicants or participants in the Family Employment (TANF) program to complete a screening questionnaire and, if a qualified reviewer finds reasonable likelihood of substance abuse, submit to a drug test and, if positive, engage in treatment.

Sponsor Senator Osman described the bill as a targeted, treatment-focused measure that does not immediately cut benefits. "The intent behind this bill is not to penalize someone who has a drug abuse problem, but it's to ensure that they are found, that treatment is provided so that they can be successful in the family employment program and continue to provide for their family," Osman said.

Opponents raised constitutional and dignity concerns during a lengthy floor debate. Senator Davis said he had “a real problem where you're going to punish the child who is part of the recipient in a home because of the actions of the parent,” and Senator Robles cited court rulings and experience in other states finding such broad programs constitutionally problematic. Senators also questioned whether a single treatment program model is adequate given the diversity of addiction needs.

Supporters said the bill targets those identified through the screening process, emphasizes treatment rather than punishment and preserves benefits for participants who comply. Senator Hankins said the bill does not go far enough for employers who routinely screen workers and advocated for stronger measures.

The Senate recorded 22 yeas, 4 nays and 3 absent and moved HB 155 to the third-reading calendar for final passage consideration.

What’s next: HB 155 will be read for a third time on the Senate calendar; if passed by the full Senate, it would go back to the House or to enrollment per the legislative calendar.

Sources: Floor statements by Sponsor Senator Osman and floor debaters including Senators Davis, Robles, Hankins and others.