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The Michigan Capitol in downtown Lansing.

(Jonathan Oosting | MLive.com)

LANSING, MI — The Michigan House on Wednesday approved a long-discussed pilot program that would mandate suspicion-based drug testing for welfare recipients, who could lose cash benefits for failing more than one test.

The two-bill package, approved by the Senate in an earlier form but now awaiting final concurrence, would require the Michigan Department of Human Services to launch a one-year pilot program in at least three counties beginning by October 2015.

The measures passed the House in 74-35 and 75-34 votes, respectively.

“I think people want to make sure that we give a hand up to those in need, but they’re tired of giving their tax dollars to people who waste it on drugs,” said Rep. Jeff Farrington, R-Utica, who sponsored one of the bills.

“That’s no blanket statement, as far as people on welfare being on drugs, but people at least want to see what the numbers are.”

The reworked legislation does not include a direct appropriation for DHS, but non-partisan analysis of a previous draft suggested the one-year pilot program could cost the state between $500,000 and $750,000.

While caseloads would likely decline as welfare recipients lose cash benefits, substance abuse treatment for first offenses could offset any savings. Farrington acknowledged the potential costs but said the pilot program would produce better data to inform future decisions.

Rep. Jon Switalski, D-Warren, suggested the legislation was more about scoring “political points” than enacting good public policy.

“There’s no financial reason to do this. There's no moral reason to do this," Switalski told MLive earlier Wednesday. "It is only to drive a wedge between those who are poor and how the rest of society views those individuals. It’s a shame this Legislature continues to pass bill after bill to do so. It’s terrible.”

Under the proposal, DHS would use a substance abuse screening tool for applicants and recipients of the Family Independence Program. If the screening suggests "reasonable suspicion," DHS would require the individual to take a drug test.

Those who test positive for illegal drugs would be referred to a regional substance abuse agency for intervention. Medical marijuana card holders would be exempt.

Refusing to participate or failing a second drug test during treatment would disqualify the individual from the cash assistance program for at least six months.

Despite objections from Democrats, the Republican-led House removed a Senate provision that would have allowed DHS to provide cash assistance to “an appropriate protective payee” for a child if his or her parent loses benefits because of drug use.

Other proposed amendments were rejected earlier in the week. Switalski had called for drug testing lawmakers too. Rep. Tom McMillin, R-Rochester Hills, tried to tie-bar the program to his own “corporate welfare” bill that would require drug testing for executives at companies that receive government loans, grants or other funding.

At least 11 states have adopted welfare drug testing laws since 2011, according to the National Conference of State Legislatures. Some apply to all applicants but others include specific language, like the Michigan proposal, requiring testing only in the case of reasonable suspicion.

Michigan implemented a mandatory drug testing pilot program for welfare recipients in 1999 but federal courts struck it down as an unconstitutional and unreasonable form of search. Farrington said suspicion-based testing programs in other states have survived legal challenges.

The Michigan Legislature is working quickly to put the finishing touches on several packages debated earlier in the year. There are less than three weeks remaining in the so-called lame-duck session.

Jonathan Oosting is a Capitol reporter for MLive Media Group. Email him, find him on Facebook or follow him on Twitter.