2013 House Bill 4118 / 2014 Public Act 394

Require drug testing of welfare applicants

Introduced in the House

Jan. 29, 2013

Introduced by Rep. Jeff Farrington (R-30)

To require drug testing of state welfare benefit recipients or applicants if an "empirical screening tool" indicates a reasonable suspicion, and prohibit benefits for six months if a person tests positive a second time (or refuses "treatment" the first time). This would begin as a one-year pilot program in three counties.

Referred to the Committee on Families, Children and Seniors

April 17, 2013

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

April 30, 2013

Substitute offered

The substitute passed by voice vote

Amendment offered by Rep. Jeff Farrington (R-30)

To establish that if a welfare recipient is ordered to take a drug test and the results are negative, the person wouldn't have to pay the cost of the test.

The amendment passed by voice vote

Amendment offered by Rep. Marcia Hovey-Wright (D-92)

To establish that if a welfare recipient who is a parent tests positive for drugs, the child would still be eligible for assistance, and a "protective payee" would be designated to receive the parent's welfare money.

The amendment failed by voice vote

Amendment offered by Rep. Marcia Hovey-Wright (D-92)

To require that welfare applicants be informed they may be ordered to take a drug test.

The amendment failed by voice vote

Amendment offered by Rep. Dian Slavens (D-21)

To require a methodology be used for picking counties for the proposed pilot program that picks one high population county, one low population county, and one in the middle.

The amendment failed by voice vote

Amendment offered by Rep. Dian Slavens (D-21)

To add additional details that would have to be included on a report of the proposed pilot program's results.

The amendment failed by voice vote

Amendment offered by Rep. Marcia Hovey-Wright (D-92)

To exempt from proposed sanctions welfare recipients who test positive for a "controlled substance" if they have a prescription for it. This may apply to marijuana users who have a medical marijuana card.

The amendment failed by voice vote

Amendment offered by Rep. Robert Kosowski (D-16)

To establish that all information, interviews, reports, statements, memoranda, and substance abuse test results generated by the proposed drug testing program are confidential communications subject to federal “HIPA” law privacy protections, and may not be used as evidence in any legal proceedings, except for determining welfare eligibility.

The amendment failed by voice vote

Amendment offered by Rep. Dian Slavens (D-21)

To exempt individuals age 65 and older from the proposed testing.

The amendment failed by voice vote

Amendment offered by Rep. Robert Kosowski (D-16)

To require legislators take drug tests as a condition of the bill going into effect.

The amendment failed by voice vote

Amendment offered by Rep. Tom McMillin (R-45)

To tie-bar the bill to House Bill 4610, meaning this bill cannot become law unless that one does also. HB 4610 would require drug testing for business executives whose firms receive "corporate welfare" from the state.

The amendment failed by voice vote

Amendment offered by Rep. Tom McMillin (R-45)

To not impose sanctions on a person who is registered to use medical marijuana and who tests positive for this drug.

The amendment failed by voice vote

May 1, 2013

Passed in the House 77 to 33 (details)

Received in the Senate

May 2, 2013

Referred to the Committee on Families, Seniors, and Human Services

June 13, 2013

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

March 18, 2014

Amendment offered

To clarify that a positive drug test does not trigger sanctions if it is determined to have been the result of actions that do not violate state law.

The amendment passed by voice vote

March 20, 2014

Amendment offered

To establish that if a welfare recipient who is a parent tests positive for drugs, the child would still be eligible for assistance, and a "protective payee" would be designated to receive the parent's welfare money.

The amendment passed by voice vote

Motion to reconsider

The vote by which the Gregory amendment was adopted.

The motion passed 25 to 10 (details)

Amendment offered by Sen. Joe Hune (R-22)

To establish exceptions for drug tests that find prescription drugs and medical marijuana.

The amendment passed by voice vote

Passed in the Senate 25 to 11 (details)

To require a one-year pilot program in at least three counties that would require drug testing of state welfare benefit recipients and applicants if an "empirical screening tool" indicates a reasonable suspicion of drug use. Benefits would be halted for six months if a person tests positive or refuses to take the test, with an exception for medical marijuana. If a welfare recipient who is a parent tests positive, the child would still be eligible for assistance, and a "protective payee" would be designated to receive the parent's welfare money. The bill appropriates $500,000 for the pilot program.

Received in the House

March 20, 2014

Dec. 3, 2014

Substitute offered by Rep. Jeff Farrington (R-30)

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Dian Slavens (D-21)

To establish that if a welfare recipient who is a parent tests positive for drugs, the child would still be eligible for assistance, and a "protective payee" would be designated to receive the parent's welfare money.

The amendment failed by voice vote

Passed in the House 74 to 35 (details)

To require a one-year pilot program in at least three counties that would require drug testing of state welfare benefit recipients and applicants if an "empirical screening tool" indicates a reasonable suspicion of drug use. Benefits would be halted for six months if a person tests positive or refuses to take the test, with an exception for medical marijuana. If a welfare recipient who is a parent tests positive, the child would still be eligible for assistance, and a "protective payee" would be designated to receive the parent's welfare money. The bill appropriates $500,000 for the pilot program.

Received in the Senate

Dec. 4, 2014

Dec. 10, 2014

Amendment offered by Sen. Vincent Gregory (D-14)

To establish that if a welfare recipient who is a parent tests positive for drugs, the child would still be eligible for assistance, and a "protective payee" would be designated to receive the parent's welfare money.

The amendment passed by voice vote

Passed in the Senate 26 to 10 (details)

Signed by Gov. Rick Snyder

Dec. 24, 2014