2017 Wisconsin Act 265

January 2018 Special Session   Date of enactment: April 10, 2018
Assembly Bill 4   Date of publication*: April 11, 2018

* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."

2017 WISCONSIN ACT 265

An Act to create 16.314 of the statutes; relating to: employment screening of and employability plans for residents in public housing and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

265,1 Section 1. 16.314 of the statutes is created to read:

16.314 Employability plans for public housing residents. (1) In this section:

(a) “Controlled substance" has the meaning given in s. 961.01 (4).

(b) “Controlled substance abuse screening” means a questionnaire, a criminal background check, or any other controlled substance abuse screening mechanism identified by the department.

(2) To the extent allowed under federal law, the department shall require that each housing authority do all of the following:

(a) Conduct screening to determine whether each adult resident in public housing administered by the housing authority is able-bodied and either unemployed or underemployed.

(b) For each resident the housing authority determines under par. (a) is able-bodied and either unemployed or underemployed, create an employability plan for the resident and require the resident to participate in the plan.

(c) 1. For each resident the housing authority determines under par. (a) is able-bodied and either unemployed or underemployed, require the resident to complete a controlled substance abuse screening. If, on the basis of the controlled substance abuse screening results, the housing authority determines that there is a reasonable suspicion that the resident is abusing a controlled substance, the housing authority shall require the resident to undergo a test for the use of a controlled substance.

2. If a resident who undergoes a test under subd. 1. tests positive for the use of a controlled substance without presenting evidence satisfactory to the housing authority that the resident possesses a valid prescription for each controlled substance for which he or she tests positive, the housing authority shall offer the resident the opportunity to participate in substance abuse treatment.

(3) The department may promulgate rules establishing standards for determining whether an individual is able-bodied and either unemployed or underemployed for purposes of this section.