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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.
AB191,10 7Section 10. Nonstatutory provisions.
AB191,9,148 (1) Requirements for FoodShare employment and training program drug
9screening.
If, during the 2015-17 fiscal biennium, the secretary of the federal
10department of agriculture approves the waiver requested under section 49.79 (9) (d)
111. of the statutes, as created by this act, the department of health services shall
12address, in the department's biennial budget request under section 16.42 of the
13statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from
14actions taken under section 49.79 (9) (d) 3. of the statutes, as created by this act.
AB191,11 15Section 11. Initial applicability.
AB191,9,2116 (1) Screening and testing under certain work programs. The treatment of
17sections 20.437 (2) (em), 49.159 (1) (a) (intro.), 49.162, 49.163 (2) (am) 7., and 49.36
18(3) (a) and (3m) of the statutes first applies to individuals who apply to participate
19in a program under section 49.159 (1), 49.163, or 49.36 of the statutes, or who register
20for a program under section 49.36 of the statutes, on the effective date of this
21subsection.
AB191,12 22Section 12. Effective date.
AB191,9,2423 (1) This act takes effect on the day after publication, or on the 2nd day after
24publication of the 2015-17 biennial budget act, whichever is later.
AB191,9,2525 (End)
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