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LRB-1895/1
PJK&SWB:jld&cjs:cs
2015 - 2016 LEGISLATURE
April 24, 2015 - Introduced by Representatives Rohrkaste, Knodl, Jagler,
Gannon, A. Ott, Murphy, R. Brooks, Kerkman, Quinn, T. Larson, Edming,
Macco, Petersen, Kleefisch, Kapenga, Ballweg and Kremer. Referred to
Committee on Public Benefit Reform.
AB191,1,7 1An Act to amend 49.159 (1) (a) (intro.) and 49.36 (3) (a); and to create 20.435
2(4) (bq), 20.437 (2) (em), 49.162, 49.163 (2) (am) 7., 49.36 (3m) and 49.79 (9) (d)
3of the statutes; relating to: requiring drug testing and treatment for eligibility
4for certain work experience programs; requiring the Department of Health
5Services to request a waiver to screen and, if indicated, test and provide
6treatment to FoodShare employment and training participants for illegal use
7of a controlled substance; and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Children and Families (DCF)
administers various work experience programs. The Transform Milwaukee Jobs
program in Milwaukee County and the Transitional Jobs program outside of
Milwaukee County provide work experience for unemployed individuals by
providing a subsidy for wages and other employment expenses to employers that
employ the individuals. Under the Wisconsin Works (W-2) program, DCF may
provide job search assistance, placement in a subsidized job, or a stipend for up to
four months to a noncustodial parent who would be eligible for W-2 except that he
or she is not a custodial parent, if the noncustodial parent is subject to a child support
order and the custodial parent of the noncustodial parent's child is a participant in
W-2. Also under current law, DCF may contract with any county, tribal governing

body, or W-2 agency to administer a work experience and job training program for
noncustodial parents who have failed to pay child support due to unemployment or
underemployment. Such individuals may be ordered by a court to register for a work
experience and job training program.
This bill requires every individual who applies to participate in 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 (all four programs
collectively, a program), 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, to remain eligible for a program the individual must
participate in substance abuse treatment, the cost of which is paid by DCF. 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.
Under current law, the federal food stamp program, now known as the
Supplemental Nutrition Assistance Program (SNAP) and called FoodShare in this
state, assists eligible low-income individuals to purchase food. SNAP benefits are
paid entirely with federal moneys. The cost of administration is split between the
federal and state governments. The program is administered in this state by the
Department of Health Services (DHS). Under current law, DHS may require a
recipient of SNAP benefits who is able and who is 18 to 60 years of age to participate
in the FoodShare employment and training program (FSET) to be eligible for SNAP
benefits, unless the recipient is participating in a Wisconsin Works employment
position, is the caretaker of a child under the age of six years, or is enrolled at least
half time in school or in a training program or an institution of higher education.
This bill requires DHS to submit to the secretary of the federal Department of
Agriculture a request for a waiver that would authorize DHS to screen and, if
indicated, test and treat participants in the FSET program who are childless adults
for use of a controlled substance without a valid prescription for the controlled
substance. The waiver must include certain provisions regarding testing
procedures, treatment, and eligibility for continued participation in the FSET
program. If the waiver is approved, DHS must submit a plan, consistent with the

approved waiver, to the joint committee on finance (JCF) for approval. The plan must
also include a cost estimate for state-sponsored treatment. If JCF approves the plan,
DHS must then screen and, if indicated, test and treat FSET participants who are
childless adults for use of a controlled substance without a valid prescription for the
controlled substance. The bill also requires that if the waiver is approved in the
2015-17 fiscal biennium, DHS must address any future fiscal impact resulting from
the requirements in its biennial budget request for the 2017-19 fiscal biennium.
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:
AB191,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB191,2 3Section 2. 20.435 (4) (bq) of the statutes is created to read:
AB191,3,54 20.435 (4) (bq) Substance abuse treatment costs. Biennially, the amounts in the
5schedule to pay substance abuse treatment costs under s. 49.79 (9) (d).
AB191,3 6Section 3. 20.437 (2) (em) of the statutes is created to read:
AB191,3,87 20.437 (2) (em) Substance abuse treatment costs. Biennially, the amounts in
8the schedule to pay substance abuse treatment costs under s. 49.162.
AB191,4 9Section 4. 49.159 (1) (a) (intro.) of the statutes is amended to read:
AB191,4,6
149.159 (1) (a) (intro.) An individual who would be eligible under s. 49.145
2except that the individual is the noncustodial parent of a dependent child is eligible
3for services and benefits under par. (b) if the individual is subject to a child support
4order, the individual satisfies all of the requirements related to substance abuse
5screening, testing, and treatment under s. 49.162 that apply to the individual,
and
6any of the following applies to the custodial parent of the dependent child:
AB191,5 7Section 5. 49.162 of the statutes is created to read:
AB191,4,9 849.162 Substance abuse screening and testing for certain work
9experience programs.
(1) In this section:
AB191,4,1110 (a) "Administering agency" means the department or an agency with which the
11department contracts to administer a program.
AB191,4,1212 (b) "Controlled substance" has the meaning given in s. 961.01 (4).
AB191,4,1313 (c) "Program" means any of the following:
AB191,4,1414 1. Services and benefits under s. 49.159 (1) (b).
AB191,4,1615 2. The Transform Milwaukee Jobs program or the Transitional Jobs program
16under s. 49.163.
AB191,4,1717 3. A work experience and job training program under s. 49.36.
AB191,5,2 18(2) In order to participate in a program, an individual shall complete a
19controlled substance abuse screening questionnaire. If, on the basis of answers to
20the questionnaire, the administrating agency determines that there is a reasonable
21suspicion that an individual who is otherwise eligible for a program is abusing a
22controlled substance, the administrating agency shall require the individual to
23undergo a test for the use of a controlled substance. If the individual refuses to
24submit to a test, the individual is not eligible to participate in a program until the

1individual complies with the requirement to undergo a test for the use of a controlled
2substance.
AB191,5,8 3(3) If an individual who undergoes a test under sub. (2) tests negative for the
4use of a controlled substance, or tests positive for the use of a controlled substance
5but presents evidence satisfactory to the administering agency that the individual
6possesses a valid prescription for each controlled substance for which the individual
7tests positive, the individual will have satisfactorily completed the substance abuse
8testing requirements under this section.
AB191,5,15 9(4) (a) If an individual who undergoes a test under sub. (2) tests positive for the
10use of a controlled substance without presenting evidence of a valid prescription as
11described in sub. (3), the administrating agency shall require the individual to
12participate in substance abuse treatment to remain eligible to participate in a
13program. If the individual refuses to participate in substance abuse treatment, the
14individual is not eligible to participate in a program until the individual complies
15with the requirement to participate in substance abuse treatment.
AB191,6,516 (b) During the time that an individual is receiving substance abuse treatment
17under par. (a), the administrating agency shall require the individual to undergo
18random testing for the use of a controlled substance. For the individual to remain
19eligible for a program, the individual must cooperate with the testing and the results
20of the tests must be negative or, if any results are positive, the individual must
21present evidence of a valid prescription as described in sub. (3). If the results of any
22test during treatment are positive for the use of a controlled substance and the
23individual does not present evidence of a valid prescription for the controlled
24substance, the individual shall have the opportunity to begin the treatment again
25one time, as determined by the administering agency. If the individual begins the

1substance abuse treatment again, he or she shall remain eligible for a program as
2long as the results of all tests for the use of a controlled substance during the
3subsequent treatment are negative for the use of a controlled substance or, if any
4results are positive, the individual presents evidence of a valid prescription for the
5controlled substance.
AB191,6,106 (c) If an individual receiving treatment under par. (b) completes treatment and,
7at the conclusion of the treatment, tests negative for the use of a controlled substance
8or presents evidence of a valid prescription for any controlled substance for which the
9individual tests positive, the individual will have satisfactorily completed the
10substance abuse testing requirements under this section.
AB191,6,13 11(5) The department shall manage the costs and reinvest the savings under this
12section, and shall work with the administering agency, if different from the
13department, to manage the costs and reinvest the savings.
AB191,6,18 14(6) The department shall pay substance abuse treatment costs under this
15section from the appropriation under s. 20.437 (2) (em). If treatment costs exceed the
16moneys available under s. 20.437 (2) (em), the department shall request the joint
17committee on finance to take action under s. 13.101. The requirement of a finding
18of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.
AB191,6 19Section 6. 49.163 (2) (am) 7. of the statutes is created to read:
AB191,6,2120 49.163 (2) (am) 7. Satisfy all of the requirements related to substance abuse
21screening, testing, and treatment under s. 49.162 that apply to the individual.
AB191,7 22Section 7. 49.36 (3) (a) of the statutes is amended to read:
AB191,6,2523 49.36 (3) (a) Except as provided in par. (f) and subject to sub. (3m), a person
24ordered to register under s. 767.55 (2) (am) shall participate in a work experience
25program if services are available.
AB191,8
1Section 8. 49.36 (3m) of the statutes is created to read:
AB191,7,42 49.36 (3m) A person is not eligible to participate in a program under this
3section unless the person satisfies all of the requirements related to substance abuse
4screening, testing, and treatment under s. 49.162 that apply to the individual.
AB191,9 5Section 9. 49.79 (9) (d) of the statutes is created to read:
AB191,7,126 49.79 (9) (d) 1. The department shall request from the secretary of the federal
7department of agriculture a waiver to permit the department to screen and, if
8indicated, test and treat, as specified by the department in the waiver request,
9participants in an employment and training program under this subsection who are
10childless adults for use of a controlled substance without a valid prescription for the
11controlled substance. The waiver request shall include at least all of the following
12elements:
AB191,7,1613 a. Only participants for whom there is a reasonable suspicion of use of a
14controlled substance without a valid prescription for the controlled substance may
15be subjected to testing. The waiver shall include mechanisms for the determination
16of a reasonable suspicion to require submission to a drug test.
AB191,7,2217 b. If a participant tests negative for use of a controlled substance, or tests
18positive for the use of a controlled substance but presents evidence satisfactory to the
19department that the individual possesses a valid prescription for each controlled
20substance for which the individual tests positive, the individual will have
21satisfactorily completed the substance abuse testing requirements under this
22subsection.
AB191,8,223 c. If a participant tests positive for use of a controlled substance for which he
24or she does not have a valid prescription, then the individual must participate in

1state-sponsored substance abuse treatment to remain eligible for the employment
2and training program.
AB191,8,173 d. While participating in state-sponsored treatment, an individual who has
4tested positive for the use of a controlled substance without a valid prescription for
5the controlled substance, shall submit to random testing for the use of a controlled
6substance, and the test results must be negative, or positive with evidence of a valid
7prescription, in order for the individual to remain eligible for the employment and
8training program under this subsection. If a test result is positive and the individual
9does not have a valid prescription for the controlled substance for which the
10individual tests positive, the individual may begin treatment again one time and will
11remain eligible for the employment and training program. If the individual
12completes treatment and tests negative for use of a controlled substance, or tests
13positive for the use of a controlled substance but presents evidence satisfactory to the
14department that the individual possesses a valid prescription for each controlled
15substance for which the individual tests positive, the individual will have
16satisfactorily completed the substance abuse screening and testing requirements
17under this subsection.
AB191,8,2418 2. If a waiver under subd. 1. is granted and in effect, the department shall
19submit to the joint committee on finance for approval a plan, consistent with the
20approved waiver, for the screening, testing, and treatment of participants in an
21employment and training program under this subsection who are childless adults for
22the use of a controlled substance without a valid prescription for the controlled
23substance. The plan shall include a cost estimate for providing state-sponsored
24substance abuse treatment under the plan.
AB191,9,6
13. If the joint committee on finance approves the plan for screening, testing, and
2treatment under subd. 2., the department shall screen and, if indicated, test and
3treat, in a manner approved in the waiver granted by the secretary of the federal
4department of agriculture, participants in an employment and training program
5under this subsection who are childless adults for use of a controlled substance
6without a valid prescription for the controlled substance.
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