A proposal endorsed by the Joint Finance Committee that would suspend jobless pay for a year to individuals who either fail a drug test or refuse to take one as a condition of employment appears to violate federal law.

The proposal, sponsored by Rep. Robin Vos (R-Burlington), co-chair of the finance committee, and five other Republican members of the committee, would require employers or prospective employers to report the failure or refusal to the Department of Workforce Development, which is responsible for jobless pay.

Under the proposal, Workforce Development would retain the information and use it to determine eligibility if the person loses their job and later seeks unemployment pay.

Vos said Monday that measure was intended to save money, though he could not say how much it would save. The Legislative Fiscal Bureau did not study the proposal.

The proposal also appears to be against federal law. Dave Roberts, a spokesman for the U.S. Department of Labor said that, in general, it is impermissible for states to require, as a condition of eligibility, anything that is not related to the "fact or cause" of the person's unemployment.

"Requiring a person to take a drug test as a condition of eligibility is not related to the 'fact or cause' of a person's unemployment and would raise an issue under federal law," Roberts wrote in an email.

Vos' motion did acknowledge that the effort might violate federal law. But in an interview, he said the state needed to do something to address $1.56 billion bill the state owed the federal government. The state borrowed $1.56 billion to keep unemployment checks coming and is looking for ways to reduce that deficit.

Businesses pay into the unemployment insurance program through a payroll tax.

The Vos provision also requires a one-week waiting period before receiving unemployment insurance. That is expected to save the state between $41 and $56 million per year, depending on the unemployment rate.

Chris Ahmuty, executive director of the Wisconsin American Civil Liberties Union, said that his group believes that drug testing among private-sector employers should be business or health and safety related.

"We don't like it when the government is involved," he said Monday.

And Ahmuty added: "I don't think it will save much money."

In response to the proposal, a spokesman for the governor said "we'll evaluate that specific provision when then final version of the budget makes its way to Governor Walker's desk."