2011 House Bill 5223

Require drug testing of welfare applicants

Introduced in the House

Dec. 13, 2011

Introduced by Rep. Jeff Farrington (R-30)

To require drug testing of applicants for various state welfare benefits, and prohibit benefits if a person tests positive.

Referred to the Committee on Families, Children and Seniors

May 15, 2012

Reported without amendment

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

June 7, 2012

Substitute offered

The substitute passed by voice vote

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

To tie-bar the bill to House Bill 5527, meaning this bill cannot become law unless that one does also. HB 5527 would require drug testing for business executives whose firms receive subsidies from the state.

The amendment failed by voice vote

Amendment offered by Rep. Alberta Talabi (D-3)

To require additional screening before drug tests could be administered.

The amendment failed by voice vote

Amendment offered by Rep. Fred Durhal (D-6)

To allow a welfare recipient who tests positive for illegal drug use to keep getting benefits if he or she enters a treatment program.

The amendment failed by voice vote

Amendment offered by Rep. Alberta Talabi (D-3)

To allow a welfare recipient who has children and who tests positive for illegal drug use to designate a family member or other approved "protective payee" to keep getting the benefits "on behalf of the child".

The amendment failed by voice vote

Amendment offered by Rep. Maureen Stapleton (D-4)

To require the state to pay for the drug tests.

The amendment failed by voice vote

Amendment offered by Rep. Maureen Stapleton (D-4)

To require drug tests for state legislators under similar rules as those proposed by the bill.

The amendment failed by voice vote

Amendment offered by Rep. Rashida Tlaib (D-12)

To require drug tests for state legislators.

The amendment failed by voice vote

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

To keep the drug test results confidential, and also the information collected under the proposed screening process.

The amendment failed by voice vote

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

To discontinue welfare drug tests if less than 10 percent of those tested test positive.

The amendment failed by voice vote

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

To require the welfare department to file detailed reports on the proposed drug testing program.

The amendment failed by voice vote

Amendment offered by Rep. Maureen Stapleton (D-4)

To not apply the proposed sanctions if a person tests positive for a drug that has been prescribed or taken on under an order of medical practitioner. Presumably this includes medical marijuana.

The amendment failed by voice vote

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

To delay the proposed drug test program for two years.

The amendment failed by voice vote

Amendment offered by Rep. Maureen Stapleton (D-4)

To specify procedures for selecting the counties in a proposed pilot program for the drug testing.

The amendment failed by voice vote

Amendment offered by Rep. Maureen Stapleton (D-4)

To require the drug testing program to have an appeal process.

The amendment failed by voice vote

Amendment offered by Rep. Vicki Barnett (D-37)

To require the welfare agency to document the grounds for suspicion and provide these to welfare recipient they identify.

The amendment failed by voice vote

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

To exempt welfare recipients age 65 or older from the proposed drug testing.

The amendment failed by voice vote

Amendment offered by Rep. Maureen Stapleton (D-4)

To require welfare applicants to be notified of the drug testing program.

The amendment failed by voice vote

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

To require the welfare department to file detailed reports on the proposed drug testing program.

The amendment passed by voice vote

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

To keep the drug test results confidential, and also the information collected under the proposed screening process.

The amendment passed by voice vote

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

The amendment passed by voice vote

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

To adopt a version of the bill that phases in the drug testing program gradually over several years, requires additional screening before drug tests could be administered, allows a welfare recipient who has children and who tests positive for illegal drug use to designate a family member or other approved "protective payee" to keep getting the benefits "on behalf of the child," and incorporates other provisions suggested by the other Democratic amendments to the bill.

The substitute failed by voice vote

Amendment offered by Rep. Jeff Irwin (D-53)

To drug test all welfare recipients, not just those suspected of drug use.

The amendment failed by voice vote

Passed in the House 71 to 37 (details)

To require drug testing of repipients of state welfare benefits if an "empirically validated screening tool" suggests a reasonable suspicion, and prohibit benefits if a person tests positive.

Received in the Senate

June 12, 2012

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

Aug. 15, 2012

Reported without amendment

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.