STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. Farrington, Rogers, Glardon, Yonker, Poleski, Shirkey, Price, Johnson, Forlini, Lund, Rendon, Jenkins, Cotter, O’Brien, McBroom, Graves, Outman, Heise, Hooker, Kurtz, Lauwers, Daley, Kowall, Somerville, Kelly, Pettalia and Franz

ENROLLED HOUSE BILL No. 4118

AN ACT to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” (MCL 400.1 to 400.119b) by adding section 57y.

The People of the State of Michigan enact:

Sec. 57y. (1) The department shall establish and administer a program of suspicion-based substance abuse screening and testing for family independence program applicants and recipients as described in this section and section 57z.

(2) Subject to state appropriation, the department shall, in accordance with section 14g, administer a suspicion-based substance abuse screening and testing pilot program for family independence program applicants and recipients in 3 or more counties in this state. The department shall determine which 3 or more counties shall begin the initial administration of the suspicion-based substance abuse screening and testing required in this subsection.

(3) Upon initial application and at annual redetermination, the department shall screen family independence program applicants and recipients for suspicion of substance abuse using an empirically validated substance abuse screening tool.

(4) If the results of the substance abuse screening gives the department a reasonable suspicion to believe that the applicant or recipient has engaged in the use of a controlled substance, the applicant or recipient is required to take a substance abuse test.

(5) If the applicant or recipient refuses to take a substance abuse test, he or she is ineligible for family independence program assistance, but may reapply after 6 months. If the applicant or recipient reapplies for family independence program assistance, he or she must test negative for use of a controlled substance.

(6) If the applicant or recipient tests negative for use of a controlled substance, the cost of administering the substance abuse test to him or her shall be paid for by the department.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 275 of the 97th Legislature is enacted into law.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor