September 14, 2006, Introduced by Reps. Mortimer, David Law, Kooiman, Farhat, Nitz, Baxter, Palsrok, Casperson, Stakoe, Pavlov, Acciavatti, Ball and Pastor and referred to the Committee on Government Operations.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 57l (MCL 400.57l), as added by 1999 PA 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
57l. (1) Subject to subsection (2), the family
independence
agency department may require
a recipient to submit
to substance abuse testing as a condition for family independence
assistance eligibility under this act if a department employee has
reasonable suspicion of substance abuse by the recipient.
(2)
The family independence agency department
shall
implement a pilot program of suspicion-based substance abuse
testing as a condition for family independence assistance
eligibility
in at least 3 counties, including random substance
abuse
testing. It is the intent of the legislature that a statewide
program
of substance abuse testing of family independence
assistance
recipients, including random substance abuse testing, be
implemented
before April 1, 2003. However, statewide implementation
of
the substance abuse testing program shall not begin until all of
the
following have been completed:
(a)
The pilot programs have first been evaluated by the
department
and the evaluation has been submitted to the
legislature.
(b)
The evaluation under subdivision (a) includes at least the
factors
enumerated in subsection (5)(a) through (d) as well as an
analysis
of the pilot program.
(c)
Six months have passed since the evaluation required in
subdivision
(a) has been submitted to the legislature. according
to a protocol that includes all of the following steps:
(a) The department administers a substance abuse survey.
(b) A substance abuse professional screens the individual for
suspicion of substance abuse using an empirically validated
substance abuse screening tool in a 1-on-1 contact.
(c) The substance abuse professional gathers additional
information about the individual, including information gathered
from a drug-screening test.
(d) The substance abuse professional determines the level of
treatment needed and makes the appropriate referral.
(3) An individual described in section 57b shall not be
considered to have tested positive for substance abuse until the
sample has been retested to rule out a false positive by gas
chromatography with mass spectrometry, gas chromatography, high
performance liquid chromatography, or an equally, or more, specific
test using the same sample obtained for the original test. An
individual described in section 57b who tests positive for
substance abuse under this section shall agree to and participate
in substance abuse assessment and comply with a required substance
abuse treatment plan. Failure to comply with a substance abuse
assessment or treatment plan shall be penalized in the same manner
as a work first program violation imposed under section 57d or 57g.
An individual is exempt from substance abuse testing authorized by
this section if the individual is participating in a substance
abuse rehabilitation program that the individual was ordered to
participate in by a circuit court that has established procedures
to expedite the closing of criminal cases involving a crime
established under part 74 of the public health code, 1978 PA 368,
MCL 333.7401 to 333.7461.
(4) Before implementing substance abuse testing under this
section,
the family independence agency department
shall notify
the senate and house of representatives standing committees having
jurisdiction over this act and the senate and house of
representatives appropriations subcommittees having jurisdiction
over
the family independence agency department
budget of the
planned implementation.
(5)
If the family independence agency department implements
substance abuse testing as authorized and required by this section,
the
family independence agency department
shall submit an annual
report on the testing program to the senate and house of
representatives standing committees having jurisdiction over this
act and the senate and house of representatives appropriations
subcommittees
having jurisdiction over the family independence
agency
department budget. The annual report shall include at least
all of the following information for the preceding year:
(a) The number of individuals tested, the substances tested
for, the results of the testing, and the number of referrals for
treatment.
(b) The costs of the testing and the resulting treatment.
(c) Sanctions, if any, that have been imposed on recipients as
a result of the testing program.
(d) The percentage and number of households receiving family
independence assistance that include an individual who has tested
positive for substance abuse under the program and that also
include an individual who has been named as a perpetrator in a case
classified as a central registry case under the child protection
law, 1975 PA 238, MCL 722.621 to 722.638.
(6) The substance abuse testing authorized and required by
this section does not apply to an individual 65 years old or older.