{"id":8244,"date":"2013-01-17T22:23:21","date_gmt":"2013-01-17T21:17:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-01-17T21:17:00","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8244","title":{"rendered":"Arkansas Senate proposes drug testing those seeking unemployment benefits"},"content":{"rendered":"

The Arkansas Senate proposes drug testing those seeking unemployment benefits. The bill, SB58<\/a>, has 15 Senate sponsors, so there’s a good chance it will pass:<\/p>\n

(a) \u201cPhysically and mentally able to perform suitable work\u201d includes passing a United States Department of Transportation-qualified drug screen or a drug screen approved by the Department of Workforce Services as specified in subdivision (3)(A)(ii)(c) of this section. <\/p>\n

(b) An applicant for unemployment benefits shall submit to a drug screen to be tested for illegal drugs through a program established by the Department of Workforce Services. <\/p>\n

(c) A drug screen under this subdivision (3)(A)(ii) shall be administered to a random sampling of applicants before the first weekly benefits payment and before the thirteenth week of weekly benefits payments. <\/p>\n

(d) A person who refuses to submit to a drug screen required under subdivision (3)(A)(ii)(b) of this section or who has tested positive for illegal drugs in a drug screen required under subdivision (3)(A)(ii)(b) of this section is not eligible to receive benefits. <\/p><\/blockquote>\n

It looks like it will be a good year at my law firm when I sue the state, if this is actually enacted. The primary sponsor<\/a> is considered by his cohorts to be a constitutional oracle, at least he was at the last session, for some unfathomable reason (tells them what they want to hear), but he only recognizes two of the Bill of Rights: The Second and Tenth Amendments. The rest are white noise. <\/p>\n

Remember: (1) every similar provision around the country has either been struck down or withdrawn when the legislature came to their senses; (2) Arkansas passed its creation science statute back in 1981, and it cost the state about half a million in attorney’s fees in 1982 dollars, and they knew it when they passed it what they were getting into. McLean v. Arkansas Bd. of Education<\/a>, 529 F. Supp. 1255 (E.D. Ark. 1982); meaning: (3) the Arkansas legislature still, 32 years later, doesn’t care if it is violating the constitution when it passes stuff.<\/p>\n

Perhaps Gov. Mike Beebe will veto it and give SB58 the constitutional burial it deserves, putting it out of its misery.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8244","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8244","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8244"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8244\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8244"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8244"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8244"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}