SB21,1215,2018 (c) "Occupation that regularly conducts drug testing" means an occupation
19identified in the regulations issued by the federal secretary of labor under 42 USC
20503
(l) (1) (A) (ii).
SB21,1215,2221 (d) "Screening" means the screening process created by the department under
22sub. (2) (a) 3.
SB21,1215,2423 (e) "Substance abuse treatment program" means the program provided by the
24department under sub. (2) (c).
SB21,1216,3
1(f) "Valid prescription" means a prescription, as defined in s. 450.01 (19), for a
2controlled substance for which the supply of the controlled substance indicated by
3the prescription has not run out.
SB21,1216,7 4(2) Drug testing program. The department shall establish a program to test
5claimants who apply for regular benefits under this chapter for the presence of
6controlled substances in accordance with this section and shall, under the program,
7do all of the following:
SB21,1216,98 (a) Promulgate rules to establish the program. The department shall do all of
9the following in the rules promulgated under this paragraph:
SB21,1216,1210 1. Establish a process to test claimants for the presence of controlled
11substances. In establishing the process, the department shall adhere to any
12applicable federal requirements regarding drug testing.
SB21,1216,1613 2. Identify the parameters for a substance abuse treatment program for
14claimants who misuse controlled substances and specify criteria that a claimant
15must satisfy in order to be considered in full compliance with requirements of the
16substance abuse treatment program.
SB21,1216,1817 3. Create a screening process for determining whether a claimant should be
18required to submit to a test for the presence of controlled substances.
SB21,1216,2119 4. Identify the parameters for a job skills assessment for claimants who misuse
20controlled substances and specify criteria that a claimant must satisfy in order to be
21considered in full compliance with the requirements of the job skills assessment.
SB21,1216,2322 (am) Promulgate rules identifying occupations for which drug testing is
23regularly conducted in this state.
SB21,1216,2524 (b) When a claimant applies for regular benefits under this chapter, do all of
25the following:
SB21,1217,2
11. Determine whether the claimant is an individual for whom suitable work is
2only available in an occupation that regularly conducts drug testing.
SB21,1217,43 2. Determine whether the claimant is an individual for whom suitable work is
4only available in an occupation identified in the rules promulgated under par. (am).
SB21,1217,75 3. If the claimant is determined by the department under subd. 1. to be an
6individual for whom suitable work is only available in an occupation that regularly
7conducts drug testing, conduct a screening on the claimant.
SB21,1217,118 4. If the claimant is determined by the department under subd. 2. to be an
9individual for whom suitable work is only available in an occupation identified in the
10rules promulgated under par. (am), conduct a screening on the claimant if a
11screening is not already required under subd. 3.
SB21,1217,1412 5. If a screening conducted as required under subd. 3. or 4. indicates that the
13claimant should be required to submit to a test for the presence of controlled
14substances, require that the claimant submit to such a test.
SB21,1217,1615 (c) Create and provide a substance abuse treatment program in accordance
16with the rules promulgated under par. (a) 2.
SB21,1217,1817 (d) Create and conduct job skills assessments in accordance with the rules
18promulgated under par. (a) 4.
SB21,1217,23 19(3) Drug testing. (a) If a claimant is required under sub. (2) (b) 5. to submit
20to a test for the presence of controlled substances and the claimant declines to submit
21to such a test, the claimant is ineligible for benefits under this chapter until 52 weeks
22after the date of the declining or until the claimant qualifies for benefits in a
23subsequent benefit year, whichever occurs later.
SB21,1218,524 (b) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the
25presence of controlled substances submits to the test and does not test positive for

1any controlled substance or the claimant presents evidence satisfactory to the
2department that the claimant possesses a valid prescription for each controlled
3substance for which the claimant tests positive, the claimant may receive benefits
4under this chapter if otherwise eligible and may not be required to submit to any
5further test for the presence of controlled substances until a subsequent benefit year.
SB21,1218,136 (c) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the
7presence of controlled substances submits to the test and tests positive for one or
8more controlled substances without presenting evidence satisfactory to the
9department that the claimant possesses a valid prescription for each controlled
10substance for which the claimant tested positive, the claimant is ineligible for
11benefits under this chapter until 52 weeks after the date of the test or until the
12claimant qualifies for benefits in a subsequent benefit year, whichever occurs later,
13except as provided in par. (d).
SB21,1218,2114 (d) A claimant who tests positive for one or more controlled substances without
15presenting evidence of a valid prescription as described in par. (c) may maintain his
16or her eligibility for benefits under this chapter by enrolling in the substance abuse
17treatment program and undergoing a job skills assessment. Such a claimant
18remains eligible for benefits under this chapter, if otherwise eligible, for each week
19the claimant is in full compliance with any requirements of the substance abuse
20treatment program and job skills assessment, as determined by the department in
21accordance with the rules promulgated under sub. (2) (a) 2. and 4.
SB21,1219,8 22(4) Preemployment drug testing. (a) An employing unit may, in accordance
23with the rules promulgated by the department under par. (b), voluntarily submit to
24the department the results of a test for the presence of controlled substances that was
25conducted on an individual as preemployment screening or notify the department

1that an individual declined to submit to such a test as a condition of employment,
2along with information necessary to identify the individual. Upon receipt of any such
3results of a test conducted and certified in a manner approved by the department or
4notification that an individual declined to submit to such a test, the department shall
5determine whether the individual is a claimant receiving benefits. If the individual
6is a claimant receiving benefits, the department shall, in accordance with rules
7promulgated by the department under par. (b), use that information for purposes of
8determining eligibility for benefits under s. 108.04 (8) (b).
SB21,1219,99 (b) The department shall promulgate rules necessary to implement par. (a).
SB21,1219,15 10(5) Application of this section. (a) Notwithstanding subs. (2) (b) 1., 3., and
115., (c), and (d) and (3), subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) do not apply until
12the rules required under sub. (2) (a) take effect. The department shall submit to the
13legislative reference bureau for publication in the Wisconsin administrative register
14a notice identifying the date on which subs. (2) (b) 1., 3., and 5., (c), and (d) and (3)
15will be implemented.
SB21,1219,2016 (b) Notwithstanding sub. (2) (b) 2. and 4., sub. (2) (b) 2. and 4. do not apply until
17the rules required under sub. (2) (am) take effect. The department shall submit to
18the legislative reference bureau for publication in the Wisconsin administrative
19register a notice identifying the date on which sub. (2) (b) 2. and 4. will be
20implemented.
SB21,1219,2521 (c) Notwithstanding sub. (4) (a) and s. 108.04 (8) (b), sub. (4) (a) and s. 108.04
22(8) (b) do not apply until the rules required under sub. (4) (b) take effect. The
23department shall submit to the legislative reference bureau for publication in the
24Wisconsin administrative register a notice identifying the date on which sub. (4) (a)
25and s. 108.04 (8) (b) will be implemented.
SB21,1220,5
1(d) The secretary may waive compliance with any provision under this section
2and s. 108.04 (8) (b) if the secretary determines that waiver of the provision is
3necessary to permit continued certification of this chapter for grants to this state
4under Title III of the federal Social Security Act or for maximum credit allowances
5to employers under the federal Unemployment Tax Act.
SB21,3116 6Section 3116. 108.14 (8n) (e) of the statutes is amended to read:
SB21,1220,207 108.14 (8n) (e) The department shall charge this state's share of any benefits
8paid under this subsection to the account of each employer by which the employee
9claiming benefits was employed in the applicable base period, in proportion to the
10total amount of wages he or she earned from each employer in the base period, except
11that if s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) or
12108.07 (3), (3r), or (5) (b) would have applied to employment by such an employer who
13is subject to the contribution requirements of ss. 108.17 and 108.18, the department
14shall charge the share of benefits based on employment with that employer to the
15fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied
16to an employer that is not subject to the contribution requirements of ss. 108.17 and
17108.18, the department shall charge the share of benefits based on that employment
18in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the
19fund's balancing account with any other state's share of such benefits pending
20reimbursement by that state.
SB21,3117 21Section 3117. 108.14 (27) of the statutes is created to read:
SB21,1220,2522 108.14 (27) The department shall promulgate a rule to define what constitutes
23suitable work for claimants, which shall specify different levels of suitable work
24based upon the number of weeks that a claimant has received benefits in a given
25benefit year.
SB21,3118
1Section 3118. 108.141 (3g) (a) 3. (intro.) of the statutes is amended to read:
SB21,1221,32 108.141 (3g) (a) 3. (intro.) Work Notwithstanding s. 108.02 (24g), work is
3suitable within the meaning of subd. 2. if:
SB21,3119 4Section 3119. 108.141 (7) (a) of the statutes is amended to read:
SB21,1221,115 108.141 (7) (a) The department shall charge the state's share of each week of
6extended benefits to each employer's account in proportion to the employer's share
7of the total wages of the employee receiving the benefits in the employee's base
8period, except that if the employer is subject to the contribution requirements of ss.
9108.17 and 108.18 the department shall charge the share of extended benefits to
10which s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) or
11108.07 (3), (3r), or (5) (b) applies to the fund's balancing account.
SB21,3120 12Section 3120. 108.16 (6m) (a) of the statutes is amended to read:
SB21,1221,1513 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
14(7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.14
15(8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).
SB21,3121 16Section 3121 . 108.227 (1) (e) 3. of the statutes is amended to read:
SB21,1221,2217 108.227 (1) (e) 3. A license, certificate of approval, provisional license,
18conditional license, certification, certification card, registration, permit, training
19permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7)
20(b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2),
21254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or
22343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).
SB21,3122 23Section 3122 . 108.227 (1) (e) 3. of the statutes, as affected by 2015 Wisconsin
24Act .... (this act), is amended to read:
SB21,1222,6
1108.227 (1) (e) 3. A license, certificate of approval, provisional license,
2conditional license, certification, certification card, registration, permit, training
3permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7)
4(b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 254.176, 254.20 (3), 256.15
5(5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit license for
6operation of a campground specified in s. 254.47 (1) 97.67 (1).
SB21,3123 7Section 3123. 108.227 (1) (e) 6. of the statutes is amended to read:
SB21,1222,118 108.227 (1) (e) 6. A license or certificate of registration issued by the
9department of financial institutions, or a division of it,
under ss. 138.09, 138.12,
10138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04,
11218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.
SB21,3124 12Section 3124. 108.227 (1) (e) 12. of the statutes is amended to read:
SB21,1222,1513 108.227 (1) (e) 12. A license issued under s. 102.17 (1) (c), 628.04, 628.92 (1),
14632.69 (2), or 633.14, a registration under s. 628.92 (2), or a temporary license issued
15under s. 628.09.
SB21,3125 16Section 3125. 108.227 (1) (f) of the statutes is amended to read:
SB21,1222,2417 108.227 (1) (f) "Licensing department" means the department of
18administration; the department of agriculture, trade and consumer protection; the
19board of commissioners of public lands; the department of children and families; the
20government accountability board; the department of financial institutions and
21professional standards
; the department of health services; the department of natural
22resources; the department of public instruction; the department of revenue; the
23department of safety and professional services;
the office of the commissioner of
24insurance; or the department of transportation.
SB21,3126 25Section 3126. 108.227 (1m) (intro.) of the statutes is amended to read:
SB21,1223,6
1108.227 (1m) General provisions. (intro.) The department shall promulgate
2rules specifying procedures to be used before taking action under sub. (3) (b) or s.
3102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7),
4or 105.13 (4) with respect to a person whose license or credential is to be denied, not
5renewed, discontinued, suspended, or revoked, including rules with respect to all of
6the following:
SB21,3127 7Section 3127. 108.227 (3) (a) 3. of the statutes is amended to read:
SB21,1223,118 108.227 (3) (a) 3. Upon the request of any person whose license or certificate
9has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34
10(10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or
11certificate if the applicant is not liable for delinquent contributions.
SB21,3128 12Section 3128. 108.227 (5) (a) of the statutes is amended to read:
SB21,1224,413 108.227 (5) (a) The department of workforce development shall conduct a
14hearing requested by a license holder or applicant for a license or license renewal or
15continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275
16(2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review
17a certification or determination of contribution delinquency that is the basis of a
18denial, suspension, or revocation of a license or certificate in accordance with this
19section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d),
20103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph
21is limited to questions of mistaken identity of the license or certificate holder or
22applicant and of prior payment of the contributions that the department of workforce
23development certified or determined the license or certificate holder or applicant
24owes the department. At a hearing under this paragraph, any statement filed by the
25department of workforce development, the licensing department, or the supreme

1court, if the supreme court agrees, may be admitted into evidence and is prima facie
2evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to
3a hearing under this paragraph is not entitled to any other notice, hearing, or review,
4except as provided in sub. (6).
SB21,3129 5Section 3129. 108.227 (5) (b) 1. of the statutes is amended to read:
SB21,1224,146 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an
7applicant for a license or license renewal or continuation if the department
8determines that the license holder or applicant is not liable for delinquent
9contributions. For a hearing requested in response to an action taken under s. 102.17
10(1) (ct),
103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13
11(4), the department shall grant a license or certificate or reinstate a license or
12certificate if the department determines that the applicant for or the holder of the
13license or certificate is not liable for delinquent contributions, unless there are other
14grounds for denying the application or revoking the license or certificate.
SB21,3130 15Section 3130. 108.227 (5) (b) 2. of the statutes is amended to read:
SB21,1224,2416 108.227 (5) (b) 2. Provide notice that the department of workforce development
17has affirmed its certification of contribution delinquency to a license holder; to an
18applicant for a license, a license renewal, or a license continuation; and to the
19licensing department or the supreme court, if the supreme court agrees. For a
20hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2)
21(bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department
22of workforce development shall provide notice to the license or certificate holder or
23applicant that the department of workforce development has affirmed its
24determination of contribution delinquency.
SB21,3131
1Section 3131. 108.24 (1) of the statutes is renumbered 108.24 (1) (a) and
2amended to read:
SB21,1225,93 108.24 (1) (a) Any person who knowingly makes a false statement or
4representation to obtain any benefit payment under this chapter, either for himself
5or herself or for any other person, shall be fined not less than $100 nor more than
6$500 or imprisoned not more than 90 days, or both; and each such false statement
7or representation constitutes a separate offense. This
may be penalized as provided
8in par. (b). Any
penalty imposed under par. (b) is in addition to any penalty imposed
9under s. 108.04 (11) (bh).
SB21,3132 10Section 3132. 108.24 (1) (b) of the statutes is created to read:
SB21,1225,1111 108.24 (1) (b) Whoever violates par. (a):
SB21,1225,1312 1. If the value of any benefits obtained does not exceed $2,500, is subject to a
13fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
SB21,1225,1514 2. If the value of any benefits obtained exceeds $2,500 but does not exceed
15$5,000, is guilty of a Class I felony.
SB21,1225,1716 3. If the value of any benefits obtained exceeds $5,000 but does not exceed
17$10,000, is guilty of a Class H felony.
SB21,1225,1918 4. If the value of any benefits obtained exceeds $10,000, is guilty of a Class G
19felony.
SB21,3133 20Section 3133. 109.03 (1) (c) of the statutes is amended to read:
SB21,1225,2221 109.03 (1) (c) Unclassified employees Employees of the University of Wisconsin
22System Authority.
SB21,3134 23Section 3134. 109.09 (2) (c) 1. a. of the statutes is amended to read:
SB21,1225,2524 109.09 (2) (c) 1. a. "Commercial lending institution" has the meaning given for
25"financial institution" in s. 234.01 235.40 (5k).
SB21,3135
1Section 3135. 111.335 (1) (cx) of the statutes is amended to read:
SB21,1226,52 111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment
3discrimination because of conviction record to refuse to employ or license, or to bar
4or terminate from employment or licensure, any individual who has been convicted
5of any offense under s. 38.50 100.67 (13) (c).
SB21,3136 6Section 3136. 111.70 (1) (i) of the statutes is amended to read:
SB21,1226,127 111.70 (1) (i) "Municipal employee" means any individual employed by a
8municipal employer other than an independent contractor, ; a supervisor, or; a
9confidential, managerial or executive employee; or an employee who is employed by
10the University of Wisconsin System Authority who is academic staff, as defined in
11s. 36.05 (1), who is faculty, as defined in s. 36.05 (8), or who is employed under s. 36.11
12(2) (b)
.
SB21,3137 13Section 3137 . 111.70 (1) (j) of the statutes is amended to read:
SB21,1226,2014 111.70 (1) (j) "Municipal employer" means any city, county, village, town,
15metropolitan sewerage district, school district, long-term care district, local cultural
16arts district created under subch. V of ch. 229, the University of Wisconsin System
17Authority,
or any other political subdivision of the state, or instrumentality of one or
18more political subdivisions of the state, that engages the services of an employee and
19includes any person acting on behalf of a municipal employer within the scope of the
20person's authority, express or implied.
SB21,3138 21Section 3138 . 111.70 (1) (j) of the statutes, as affected by 2015 Wisconsin Act
22.... (this act), is amended to read:
SB21,1227,423 111.70 (1) (j) "Municipal employer" means any city, county, village, town,
24metropolitan sewerage district, school district, long-term care district, local cultural
25arts district created under subch. V of ch. 229, the University of Wisconsin System

1Authority, or any other political subdivision of the state, or instrumentality of one or
2more political subdivisions of the state, that engages the services of an employee and
3includes any person acting on behalf of a municipal employer within the scope of the
4person's authority, express or implied.
SB21,3139 5Section 3139. 111.81 (5) of the statutes is created to read:
SB21,1227,76 111.81 (5) "Division" means the division of personnel management in the
7department of administration.
SB21,3140 8Section 3140. 111.81 (7) (ar) of the statutes, as created by 2011 Wisconsin Act
932
, is repealed.
SB21,3141 10Section 3141. 111.81 (7) (at) of the statutes, as created by 2011 Wisconsin Act
1132
, is repealed.
SB21,3142 12Section 3142. 111.81 (7) (b) of the statutes is repealed.
SB21,3143 13Section 3143. 111.81 (7) (f) of the statutes is amended to read:
SB21,1227,1614 111.81 (7) (f) Instructional staff employed by the board of regents of the
15University of Wisconsin System who provide services for a charter school established
16by contract under s. 118.40 (2r) (cm), 2013 stats.
SB21,3144 17Section 3144. 111.81 (7) (f) of the statutes, as affected by 2015 Wisconsin Act
18.... (this act), is repealed.
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