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LRBa0470/1
MPG:emw:ew
2015 - 2016 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY BILL 191
May 5, 2015 - Offered by Representatives Jorgensen, Goyke, Kolste, Spreitzer
and Subeck.
AB191-AA3,1,11 At the locations indicated, amend the bill as follows:
AB191-AA3,1,2 21. Page 9, line 6: after that line insert:
AB191-AA3,1,3 3" Section 9m. 238.121 of the statutes is created to read:
AB191-AA3,1,6 4238.121 Substance abuse screening and testing for participants in
5economic development programs.
(1) In this section, "controlled substance" has
6the meaning given in s. 961.01 (4).
AB191-AA3,1,12 7(2) In order to participate in an economic development program administered
8by the corporation, a company's chief executive officer shall undergo a test for the use
9of a controlled substance. If the chief executive officer refuses to submit to a test, the
10company is not eligible to participate in an economic development program
11administered by the corporation until the company's chief executive officer complies
12with the requirement to undergo a test for the use of a controlled substance.
AB191-AA3,2,7
1(3) If a chief executive officer who undergoes a test under sub. (2) tests negative
2for the use of a controlled substance, or tests positive for the use of a controlled
3substance but presents evidence satisfactory to the corporation that the chief
4executive officer possesses a valid prescription for each controlled substance for
5which the chief executive officer tests positive, the chief executive officer will have
6satisfactorily completed the substance abuse testing requirements under this
7section.
AB191-AA3,2,16 8(4) (a) If a chief executive officer who undergoes a test under sub. (2) tests
9positive for the use of a controlled substance without presenting evidence of a valid
10prescription as described in sub. (3), the corporation shall require the chief executive
11officer to participate in substance abuse treatment for the company to remain eligible
12to participate in an economic development program administered by the corporation.
13If the chief executive officer refuses to participate in substance abuse treatment, the
14company is not eligible to participate in an economic development program
15administered by the corporation until the company's chief executive officer complies
16with the requirement to participate in substance abuse treatment.
AB191-AA3,3,817 (b) During the time that a chief executive officer is receiving substance abuse
18treatment under par. (a), the corporation shall require the chief executive officer to
19undergo random testing for the use of a controlled substance. For the company to
20remain eligible for an economic development program administered by the
21corporation, the chief executive officer must cooperate with the testing and the
22results of the tests must be negative or, if any results are positive, the chief executive
23officer must present evidence of a valid prescription as described in sub. (3). If the
24results of any test during treatment are positive for the use of a controlled substance
25and the chief executive officer does not present evidence of a valid prescription for

1the controlled substance, the chief executive officer shall have the opportunity to
2begin the treatment again one time, as determined by the corporation. If the chief
3executive officer begins the substance abuse treatment again, the company shall
4remain eligible for an economic development program administered by the
5corporation as long as the results of all tests of the chief executive officer for the use
6of a controlled substance during the subsequent treatment are negative for the use
7of a controlled substance or, if any results are positive, the chief executive officer
8presents evidence of a valid prescription for the controlled substance.
AB191-AA3,3,149 (c) If a chief executive officer receiving treatment under par. (b) completes
10treatment and, at the conclusion of the treatment, tests negative for the use of a
11controlled substance or presents evidence of a valid prescription for any controlled
12substance for which the chief executive officer tests positive, the chief executive
13officer will have satisfactorily completed the substance abuse testing requirements
14under this section.
AB191-AA3,3,20 15(5) If a company's chief executive officer fails to satisfactorily complete the
16substance abuse testing requirements under this section, the company shall repay
17to the corporation all grants, loans, and other benefits the company received under
18the economic development program in which the company is participating when its
19chief executive officer fails to satisfactorily complete the substance abuse testing
20requirements under this section.".
AB191-AA3,3,21 212. Page 9, line 21: after that line insert:
AB191-AA3,4,2 22"(2m) Screening and testing under economic development programs. The
23treatment of section 238.121 of the statutes first applies to a company that applies
24on the effective date of this subsection to participate in an economic development

1program, as defined in section 238.01 (3) of the statutes, administered by Wisconsin
2Economic Development Corporation.".
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