AB242: Bill Text

AB242,4,19 (b) Except as provided in sub. (4m), if the individual or group member refuses to submit to a test under par. (a), the individual is not eligible to participate in a program until the individual or group member complies with the requirement to undergo a test for the use of a controlled substance.

AB242,9 Section 9. 49.162 (2m) of the statutes is created to read:

AB242,4,22 49.162 (2m) (a) The screening and testing requirements under sub. (2) do not apply to an individual if the individual is any of the following:

AB242,4,23 1. A custodial parent of a child who is 8 weeks old or less.

AB242,4,25 2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

AB242,5,3 3. A participant in a Wisconsin Works employment position who moves to an unsubsidized employment position and receives case management services under s. 49.1475.

AB242,5,4 4. A dependent child.

AB242,5,6 (b) The screening and testing requirements under sub. (2) do not apply to a group member if the group member is any of the following:

AB242,5,7 1. A custodial parent of a child who is 8 weeks old or less.

AB242,5,9 2. A woman who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

AB242,5,11 3. Specified as exempt from the screening and testing requirements by department rule.

AB242,10 Section 10. 49.162 (3) of the statutes is amended to read:

AB242,5,19 49.162 (3) If an individual or group member who undergoes a test under sub. (2) tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual or group member possesses a valid prescription for each controlled substance for which the individual or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

AB242,11 Section 11. 49.162 (4) (a) of the statutes is amended to read:

AB242,6,3 49.162 (4) (a) If an individual or group member who undergoes a test under sub. (2) tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), the administering agency shall require the individual or group member to participate in substance abuse treatment to remain eligible to participate in a program. If the individual or group member refuses to participate in substance abuse treatment, the individual is not eligible to participate in a program until the individual or group member complies with the requirement to participate in substance abuse treatment.

AB242,12 Section 12. 49.162 (4) (b) of the statutes is amended to read:

AB242,6,22 49.162 (4) (b) During the time that an individual or group member is receiving substance abuse treatment under par. (a), the administering agency shall require the individual or group member to undergo random testing for the use of a controlled substance. For Except as provided in sub. (4m), for the individual to remain eligible for a program, the individual or his or her group member must cooperate with the testing and the results of the tests must be negative or, if any results are positive, the individual or group member must present evidence of a valid prescription as described in sub. (3). If the results of any test during treatment are positive for the use of a controlled substance and the individual or group member does not present evidence of a valid prescription for the controlled substance, the individual or group member shall have the opportunity to begin the treatment again one time, as determined by the administering agency. If Except as provided in sub. (4m), if the individual or group member begins the substance abuse treatment again, he or she shall remain the individual remains eligible for a program as long as the results of all tests for the use of a controlled substance during the subsequent treatment are negative for the use of a controlled substance or, if any results are positive, the individual or group member presents evidence of a valid prescription for the controlled substance.

AB242,13 Section 13. 49.162 (4) (c) of the statutes is amended to read:

AB242,7,4 49.162 (4) (c) If an individual or group member receiving treatment under par. (b) completes treatment and, at the conclusion of the treatment, tests negative for the use of a controlled substance or presents evidence of a valid prescription for any controlled substance for which the individual or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

AB242,14 Section 14. 49.162 (4m) of the statutes is created to read:

AB242,7,14 49.162 (4m) (a) If an individual applying for a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) or his or her group member undergoes a test under sub. (2), tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), and refuses to participate in substance abuse treatment under sub. (4) (a) or if the individual or his or her group member fails to cooperate with the testing or treatment requirements under sub. (4) (b), the individual remains eligible only for the monthly grant portion of the community service job or transitional placement under s. 49.148 (1) (b) or (c) and only to the extent described in par. (b).

AB242,7,19 (b) 1. In determining the monthly grant for which an individual is eligible under par. (a), the department shall reduce the amount that would otherwise have been established under s. 49.148 (1) (b) or (c) by an amount that reflects the fact that the monthly grant is to be used exclusively for the benefit of the individual's dependent children and not for the benefit of the individual.

AB242,7,24 2. If an individual is eligible for a monthly grant under the circumstances described in par. (a), the department shall pay the monthly grant through a protective payee structure, under which the monthly grant is paid to a protective payee who is not the individual and who holds the money and uses it exclusively for the benefit of the individual's dependent children.

AB242,8,2 3. An individual's partial eligibility under par. (a) ends on the earlier of the following dates:

AB242,8,4 a. The date on which the individual again becomes eligible for full participation in a Wisconsin Works employment position.

AB242,8,7 b. Twelve months after the date on which the individual or his or her group member meets the circumstances described under par. (a), as determined by the department.

AB242,15 Section 15. 49.162 (7) of the statutes is amended to read:

AB242,8,11 49.162 (7) The department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements under this section and the monthly grant eligibility and protective payee structure under sub. (4m).

AB242,16 Section 16 . Nonstatutory provisions.

AB242,8,23 (1) (a) Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under section 49.162 (7) of the statutes for the period before the effective date of the permanent rule promulgated under section 49.162 (7) of the statutes but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB242,9,2 (b) The department of children and families shall present the statement of scope of any emergency rules promulgated under paragraph (a) to the governor for approval under section 227.135 (2) of the statutes no later than the 120th day after the effective date of this paragraph.

AB242,17 Section 17. Initial applicability.

AB242,9,11 (1) The treatment of sections 49.162 (1) (bg), (3), (4) (a), (b), and (c), (4m), and (7) of the statutes first applies to an individual who applies to participate in a program or who registers for a program under section 49.162 (1) (c) 3. of the statutes or, with respect to an individual who applies to participate in a program under section 49.162 (1) (c) 4. of the statutes, to the individual's group members on the effective date of the rules promulgated under section 49.162 (1) (7) to implement the changes made by this act or on the effective date of the emergency rules promulgated under Section 16 (1) (a ) of this act, whichever is earlier.

AB242,9,12 (End)