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LRB-2744/1
EHS:wlj/klm/kjf
2017 - 2018 LEGISLATURE
April 13, 2017 - Introduced by Representatives Horlacher, Bernier, Brandtjen,
Edming, Gannon, Jacque, Katsma, Knodl, Kremer, Petersen and
Skowronski, cosponsored by Senators Darling, Kapenga and Nass. Referred
to Committee on Public Benefit Reform.
AB242,1,7 1An Act to renumber and amend 49.162 (2); to amend 49.162 (3), 49.162 (4)
2(a), 49.162 (4) (b), 49.162 (4) (c) and 49.162 (7); and to create 49.162 (1) (bg),
349.162 (1) (bm), 49.162 (1) (br), 49.162 (1) (c) 4., 49.162 (1) (e), 49.162 (1) (f),
449.162 (1) (g), 49.162 (2m) and 49.162 (4m) of the statutes; relating to:
5substance abuse screening, testing, and treatment requirements for certain
6work experience programs, providing an exemption from emergency
7rule-making procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
This bill makes changes to the existing substance abuse screening, testing, and
treatment requirements for certain work experience programs and expands the
requirement to additional work experience programs.
Under current law, every individual who applies to participate in certain work
experience programs administered by the Department of Children and Families is
required to complete a questionnaire that screens for the abuse of a controlled
substance. If, based on the answers to the questionnaire, DCF or the agency with
which DCF has contracted to administer a program determines that there is a
reasonable suspicion that an individual who is otherwise eligible for a program is
abusing a controlled substance, the individual must undergo a test for the use of a
controlled substance. If the test results are positive and the individual does not

present satisfactory evidence that he or she has a valid prescription for the controlled
substance, the individual must participate in substance abuse treatment to remain
eligible for a program. While the individual is undergoing treatment, he or she must
submit to random testing for the use of a controlled substance, and the test results
must be negative, or positive with evidence of a valid prescription, for the individual
to remain eligible for a program. If any test results are positive and the individual
does not have a valid prescription, the individual may begin treatment again one
time and will remain eligible for a program as long as all test results are negative,
or positive with a valid prescription. If the individual completes treatment and tests
negative, or positive with a valid prescription, for the use of a controlled substance
at the completion of treatment, he or she will have satisfactorily completed the
substance abuse screening and testing and treatment requirements for the program.
This bill eliminates reference to the questionnaire for screening controlled
substance abuse and instead allows DCF to determine the appropriate mechanism
by which to screen applicants. The bill also exempts from the controlled substances
screening and testing requirements a custodial parent of a child who is eight weeks
old or less, a woman with a high-risk pregnancy, a Wisconsin Works (W-2)
participant who moves to an unsubsidized job and receives only case management
services, and a dependent child.
Under current law, the controlled substances screening and testing
requirements apply to an individual who applies for the Transform Milwaukee Jobs
program or the Transitional Jobs program, who applies for W-2 services and benefits
for noncustodial parents, or who applies for or is ordered by a court to register for a
work experience and job training program. This bill adds the following W-2 work
experience programs for custodial parents to the programs to which the screening
and testing requirements apply: the Temporary Employment Match program, which
provides a subsidy for wages to an individual's employer, and the Community Service
Jobs program and Transitional Placement program, both of which provide a
participant with a monthly grant. With respect to an individual applying for a W-2
program, the bill also applies the screening, testing, and treatment requirements to
all adult members of an individual's W-2 group whose income or assets are included
in determining the individual's eligibility for a program.
Also under the bill, an individual applying for a community service job or a
transitional placement is eligible for the monthly grants under those programs even
if the individual or his or her group member tests positive for the use of a controlled
substance without presenting evidence of a valid prescription and refuses to
participate in substance abuse treatment or the individual or his or her group
member fails to cooperate with the testing or treatment requirements. However, the
bill requires DCF to reduce the monthly grant and pay it not to the individual but
to a protective payee who must hold the money and use it exclusively on behalf of the
individual's dependent children. The bill limits this partial eligibility to 12 months
or until the individual again becomes eligible for full participation in a W-2 program,
if sooner. The bill requires DCF to promulgate rules to establish and implement the
monthly grant eligibility and the protective payee structure.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB242,1 1Section 1. 49.162 (1) (bg) of the statutes is created to read:
AB242,3,42 49.162 (1) (bg) “Controlled substance abuse screening” means a questionnaire,
3a criminal background check, or any other controlled substance abuse screening
4mechanism identified by the department by rule.
AB242,2 5Section 2. 49.162 (1) (bm) of the statutes is created to read:
AB242,3,66 49.162 (1) (bm) “Dependent child” has the meaning given in s. 49.141 (1) (c).
AB242,3 7Section 3. 49.162 (1) (br) of the statutes is created to read:
AB242,3,108 49.162 (1) (br) “Group member” means an adult member of an individual's
9Wisconsin Works group whose income or assets are included in determining the
10individual's eligibility for a program.
AB242,4 11Section 4. 49.162 (1) (c) 4. of the statutes is created to read:
AB242,3,1212 49.162 (1) (c) 4. A Wisconsin Works employment position.
AB242,5 13Section 5. 49.162 (1) (e) of the statutes is created to read:
AB242,3,1414 49.162 (1) (e) “Wisconsin Works" has the meaning given in s. 49.141 (1) (p).
AB242,6 15Section 6. 49.162 (1) (f) of the statutes is created to read:
AB242,3,1716 49.162 (1) (f) “Wisconsin Works employment position" has the meaning given
17in s. 49.141 (1) (r).
AB242,7 18Section 7. 49.162 (1) (g) of the statutes is created to read:
AB242,3,2019 49.162 (1) (g) “Wisconsin Works group” has the meaning given in s. 49.141 (1)
20(s).
AB242,8
1Section 8. 49.162 (2) of the statutes is renumbered 49.162 (2) (a) and amended
2to read:
AB242,4,153 49.162 (2) (a) Beginning on the effective date of the rules promulgated under
4sub. (7), or on the effective date of the emergency rules promulgated under 2015
5Wisconsin Act 55, section 9106 (2c), whichever is earlier,
Except as provided in sub.
6(2m),
in order to participate in a program, an individual who applies to participate
7in a program or who registers for a program under sub. (1) (c) 3. , and, with respect
8to an individual applying for a program under sub. (1) (c) 4., all of the individual's
9group members
shall complete a controlled substance abuse screening
10questionnaire. If, on the basis of answers to the questionnaire the screening results,
11the administering agency determines that there is a reasonable suspicion that an
12individual who is otherwise eligible for a program or any of the individual's group
13members
is abusing a controlled substance, the administering agency shall require
14the individual or group member to undergo a test for the use of a controlled
15substance. If
AB242,4,19 16(b) Except as provided in sub. (4m), if the individual or group member refuses
17to submit to a test under par. (a), the individual is not eligible to participate in a
18program until the individual or group member complies with the requirement to
19undergo a test for the use of a controlled substance.
AB242,9 20Section 9. 49.162 (2m) of the statutes is created to read:
AB242,4,2221 49.162 (2m) (a) The screening and testing requirements under sub. (2) do not
22apply to an individual if the individual is any of the following:
AB242,4,2323 1. A custodial parent of a child who is 8 weeks old or less.
AB242,4,2524 2. A woman who is in a pregnancy that is medically verified and that is shown
25by medical documentation to be at risk.
AB242,5,3
13. A participant in a Wisconsin Works employment position who moves to an
2unsubsidized employment position and receives case management services under s.
349.1475.
AB242,5,44 4. A dependent child.
AB242,5,65 (b) The screening and testing requirements under sub. (2) do not apply to a
6group member if the group member is any of the following:
AB242,5,77 1. A custodial parent of a child who is 8 weeks old or less.
AB242,5,98 2. A woman who is in a pregnancy that is medically verified and that is shown
9by medical documentation to be at risk.
AB242,5,1110 3. Specified as exempt from the screening and testing requirements by
11department rule.
AB242,10 12Section 10. 49.162 (3) of the statutes is amended to read:
AB242,5,1913 49.162 (3) If an individual or group member who undergoes a test under sub.
14(2) tests negative for the use of a controlled substance, or tests positive for the use
15of a controlled substance but presents evidence satisfactory to the administering
16agency that the individual or group member possesses a valid prescription for each
17controlled substance for which the individual or group member tests positive, the
18individual or group member will have satisfactorily completed the substance abuse
19testing requirements under this section.
AB242,11 20Section 11. 49.162 (4) (a) of the statutes is amended to read:
AB242,6,321 49.162 (4) (a) If an individual or group member who undergoes a test under sub.
22(2) tests positive for the use of a controlled substance without presenting evidence
23of a valid prescription as described in sub. (3), the administering agency shall require
24the individual or group member to participate in substance abuse treatment to
25remain eligible to participate in a program. If the individual or group member

1refuses to participate in substance abuse treatment, the individual is not eligible to
2participate in a program until the individual or group member complies with the
3requirement to participate in substance abuse treatment.
AB242,12 4Section 12. 49.162 (4) (b) of the statutes is amended to read:
AB242,6,225 49.162 (4) (b) During the time that an individual or group member is receiving
6substance abuse treatment under par. (a), the administering agency shall require
7the individual or group member to undergo random testing for the use of a controlled
8substance. For Except as provided in sub. (4m), for the individual to remain eligible
9for a program, the individual or his or her group member must cooperate with the
10testing and the results of the tests must be negative or, if any results are positive, the
11individual or group member must present evidence of a valid prescription as
12described in sub. (3). If the results of any test during treatment are positive for the
13use of a controlled substance and the individual or group member does not present
14evidence of a valid prescription for the controlled substance, the individual or group
15member
shall have the opportunity to begin the treatment again one time, as
16determined by the administering agency. If Except as provided in sub. (4m), if the
17individual or group member begins the substance abuse treatment again, he or she
18shall remain the individual remains eligible for a program as long as the results of
19all tests for the use of a controlled substance during the subsequent treatment are
20negative for the use of a controlled substance or, if any results are positive, the
21individual or group member presents evidence of a valid prescription for the
22controlled substance.
AB242,13 23Section 13. 49.162 (4) (c) of the statutes is amended to read:
AB242,7,424 49.162 (4) (c) If an individual or group member receiving treatment under par.
25(b) completes treatment and, at the conclusion of the treatment, tests negative for

1the use of a controlled substance or presents evidence of a valid prescription for any
2controlled substance for which the individual or group member tests positive, the
3individual or group member will have satisfactorily completed the substance abuse
4testing requirements under this section.
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