Published: February 18, 2009 08:04 pm      

Delegate pushes ‘two strikes and you’re out’ bill

CHARLESTON — Drug-ingesting West Virginians living on the dole need to be put to blood or urine tests, and, if shown positive, be given one chance to either come clean or lose public relief, an Eastern Panhandle lawmaker says.

In an impassioned speech on the House floor, Delegate Craig Blair called on Democrats to join him in support of his “two strikes and you’re out” legislation.

By that, he explained, anyone pocketing a welfare check, food stamps or jobless benefits would be compelled to undergo rehabilitation after testing positive.

If the two-month process doesn’t get the person off drugs, he said, then the public dole is ended.

Blair said it only makes sense that people using illegal narcotics be scrutinized while law-abiding citizens are footing the bill for their habits.

“A lot of people out there in these tough times worked hard, played by the rules and have done all the right things,” Blair, R-Berkeley, said. “It’s time for us to put these people at the front of the line, not the back of the line, not the people who have made a career of being on our assistance programs.”

Blair acknowledged his idea had been declared unconstitutional in Michigan, but said legislation could be prepared so it meets constitutional muster.

Delegate Joe Talbott, D-Webster, challenged Blair to say how much it would cost, who would perform the testing and who collects the samples.

Blair indicated a drug test would run $50, but Delegate Margaret Staggers, D-Fayette, an emergency room physician, said a more sophisticated exam would be needed since some narcotics aren’t detected by the test he has in mind, so the real cost would be $150.

What’s more, she said, some people sneak another person’s urine into the hospital when drug tests are run, and one woman told her everyone sells prescribed medications.

Moreover, Staggers said, a household cooking product, Sure Jell, can be used to compromise drug testing.

Staggers said the federal government has given up on its war against drugs and now is viewing the societal ill from a standpoint of “maintenance” to help addicts.

Health and Human Resources Chairman Don Perdue, D-Wayne, said drug addicts would cost West Virginia some $2 billion this fiscal year.

While not endorsing the legislation, Perdue voiced gratitude for raising awareness of the drug problem.

“We can no longer afford to overlook what’s going on,” the former pharmacist said.

“Between 40,000 and 140,000 people in West Virginia are untreated drug addicts.”

Yet, the state has but 265 long-term beds to treat those hooked on narcotics, he said.

If the war on drugs has been forfeited, he added, “the worst thing that’s happened is the casualties from that war are still on the battlefield. We don’t even know how many there are.”

Blair said a recent Register-Herald news story about his pending bill prompted eight telephone calls to his residence, 38 e-mails and six letters, and all but two electronic messages were positive.

One woman took it on her own to check with officials and heard from all but seven counties, learning that out-of-staters heading into West Virginia increased dramatically on “check day,” and that means drug traffickers, Blair said.

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In other matters, the House named a special panel to work on West Virginia’s share of the federal stimulus package.

Chairing the special committee will be Delegate Nancy Guthrie, D-Kanawha. Serving with her will be Delegates Clif Moore, D-McDowell; Sam Cann, D-Harrison; Tim Ennis, D-Brooke; and one Republican, Robert Schadler of Mineral County.

And the House passed its first two bills by overwhelming margins.

One makes changes in the hiring of clerks on the state Supreme Court, adding a provision that they are covered by the Board of Risk and Insurance Management.

Another makes it a crime to stick false labels or insignia on vehicles to make it appear the driver is a law enforcement officer.

One lawmaker said earlier the state had witnessed a number of crimes executed by robbers misleading the public into thinking they were the police and pulling the unsuspecting victims off to the side of a highway.

— E-mail: mannix@register-herald.com