SB886: Bill Text

SB886,26,10 b. Failing or refusing to complete a form or release of information required for testing, including any form or release required by the qualified drug testing vendor to permit the vendor to report test results to the administering agency or department.

SB886,26,11 c. Failing or refusing to provide a valid specimen for testing.

SB886,26,12 d. Failing or refusing to provide verification of identity to the testing vendor.

SB886,26,16 2. The administering agency may direct an able-bodied adult who initially refused to submit to a drug test under subd. 1. and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the able-bodied adult agrees to submit to a test.

SB886,26,22 (e) Confirmation test required. If an able-bodied adult tests positive for the use of a controlled substance, the qualified drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial drug test. The vendor's medical review officer who is responsible for determining the presence of a controlled substance under par. (b) shall interpret all drug test results that are not negative.

SB886,27,4 (f) Accepting test results from other programs. For purposes of this section, an administering agency may use results of a drug test performed by the administering agency for the purpose of eligibility for another state program, including a work experience program under s. 49.162, 49.36, or 108.133, performed at the request of the department of corrections, or performed by other drug testing providers as approved by the department to determine whether to refer an able-bodied adult to treatment if all of the following apply:

SB886,27,5 1. The test results are provided directly to the administering agency.

SB886,27,7 2. The test results include tests for all controlled substances required by the department to be tested under this section.

SB886,27,9 3. The test occurred within 90 days before the results are provided to the administering agency.

SB886,27,15 (g) Effect of a negative test. An able-bodied adult who undergoes a test for use of a controlled substance under this subsection and tests negative for use of a controlled substance or who tests positive for use of a controlled substance but provides to the administering agency a prescription for each controlled substance for which the adult tests positive is not prohibited from participating in an employment and training program.

SB886,27,21 (h) Effect of a positive test. An able-bodied adult who undergoes a test for use of a controlled substance under this subsection, whose test results are positive, and who does not provide evidence of a prescription for the controlled substance, as determined by the qualified drug testing vendor's medical review officer, is required to participate in treatment under sub. (5) to participate in an employment and training program.

SB886,27,25 (5) Participation in treatment required. (a) Individuals required to participate in treatment. An able-bodied adult who is described under sub. (4) (a) or (h) is required to participate in trauma-informed treatment to be eligible to participate in an employment and training program.

SB886,28,7 (b) Referral for treatment; monitoring. The applicable administering agency shall provide to every able-bodied adult who is required to participate in treatment under par. (a) information about treatment programs and county-specific assessment and enrollment activities required for entry into treatment. The applicable administering agency shall monitor the able-bodied adult's progress in entering and completing treatment and the results of random testing for the use of a controlled substance carried out during and at the conclusion of treatment.

SB886,28,11 (c) Evaluation and assessment. A treatment provider shall conduct a trauma-informed substance abuse evaluation and assessment of each able-bodied adult and take any of the following actions, as appropriate, based on the evaluation and assessment:

SB886,28,14 1. If the treatment provider determines the able-bodied adult does not need treatment, notify the administering agency that the able-bodied adult does not need treatment.

SB886,28,18 2. If the treatment provider determines the able-bodied adult is in need of treatment, refer the individual to an appropriate treatment program to begin treatment and notify the administering agency of the referral and the expected start date and duration of treatment.

SB886,28,22 3. If a treatment provider determines the able-bodied adult is in need of treatment but is unable to refer the adult because there is a waiting list for enrollment, enter the able-bodied adult on the waiting list and notify the administering agency of the date the adult is expected to be enrolled.

SB886,29,2 (d) Eligibility when treatment not needed or on waiting list. 1. An able-bodied adult described in par. (c) 1. is determined to have satisfied the requirements of this section and is eligible under this section to participate in an employment and training program.

SB886,29,8 2. An able-bodied adult who is on a waiting list for enrollment in an appropriate treatment program under par. (c) 3. shall continue to take all necessary steps to continue seeking enrollment in the appropriate treatment program. The able-bodied adult is eligible under this section to participate in an employment and training program while on the waiting list if the adult is not eligible for immediate enrollment in another appropriate treatment program.

SB886,29,14 (e) Satisfying treatment requirement through another program. An administering agency shall accept as satisfying the requirements of this subsection participation in any treatment program. The able-bodied adult satisfying the requirements of this subsection by participating in another treatment program shall execute a release of information to allow the administering agency to obtain verification of successful participation in that treatment program.

SB886,29,19 (f) Effects of refusal to submit to treatment. An able-bodied adult who is required to participate in treatment under par. (a) but who refuses to participate in treatment by doing any of the following is ineligible to participate in the employment and training program until the individual agrees to participate in treatment while still eligible for the food stamp program:

SB886,29,23 1. Failing or refusing to complete a form or release required for treatment program administration, including a form or release required by the treatment provider in order to share information with the administering agency about the able-bodied adult's participation in treatment.

SB886,30,2 2. Failing or refusing to participate in a controlled substance test required by the treatment provider or the administering agency during the course of required treatment, including any random controlled substance testing directed by the treatment provider or administering agency.

SB886,30,4 3. Failing or refusing to meet attendance or participation requirements established by the treatment provider.

SB886,30,5 4. Failing or refusing to complete a substance abuse assessment.

SB886,30,8 (g) Completion of required treatment. An able-bodied adult required under par. (a) to participate in treatment is considered to have successfully completed treatment if all applicable components identified under par. (c) are satisfied.

SB886,30,12 (h) Work requirements while in treatment. An able-bodied adult who is participating in an employment and training program is exempt from complying with requirements to work a specified number of hours under s. 49.79 (9) or (10) while participating in treatment under this subsection.

SB886,30,15 (6) Effect of completion, withdrawal, or termination from employment and training program. An able-bodied adult who satisfies any of the following is no longer subject to s. 49.79 (9) (d) or this section:

SB886,30,17 (a) The able-bodied adult has completed or voluntarily withdrawn from participation in an employment and training program.

SB886,30,19 (b) The able-bodied adult is terminated from an employment and training program for reasons unrelated to this section.

SB886,30,21 (c) The able-bodied adult is no longer subject to the requirements of s. 49.79 (10).

SB886,31,5 (7) Confidentiality of records. Completed screening questionnaires, prescriptions, testing results, and treatment records relating to this section may not be disclosed except for purposes connected with the administration of an employment and training program or except when disclosure is otherwise authorized by law or by written consent from the individual who is the subject of the record. The department may establish administrative, physical, and technical safeguard procedures administering agencies must follow to assure compliance with state and federal laws related to public assistance program records, drug testing and treatment records, and medical records.

SB886,31,8 (8) Appeals. An adverse decision under this section may be appealed under 7 CFR 273.15 and procedures established in rules promulgated by the division of hearings and appeals.

SB886,31,12 (9) Payment of costs for screening, testing, and treatment. (a) The department shall pay for all costs related to screening able-bodied adults under sub. (3), including the costs of producing, administering, and reviewing screening questionnaires.

SB886,31,15 (b) The department shall pay for all costs related to testing able-bodied adults under sub. (4), including any costs related to contracting with qualified drug testing vendors under sub. (4) (c).

SB886,31,20 (c) The department shall pay costs for treatment under sub. (5) that are not covered by the Medical Assistance program under subch. IV of ch. 49 or other private insurance. Payments by the department under this paragraph shall be at rates no higher than the rates paid for comparable services under the Medical Assistance program.

SB886,18 Section 18. 106.05 (2) (b) (intro.) of the statutes is amended to read:

SB886,32,2 106.05 (2) (b) (intro.) Subject to par. (c) and sub. (3), from the appropriation under s. 20.445 (1) (b) (dr), the department may provide to an apprentice described in par. (a) 1. or the apprentice's sponsor a completion award equal to 25 percent of the cost of tuition incurred by the apprentice or sponsor or $1,000, whichever is less. If the department provides a completion award under this subsection, the department shall pay the award as follows:

SB886,19 Section 19. 106.05 (3) (a) of the statutes is amended to read:

SB886,32,10 106.05 (3) (a) If the amount of funds to be distributed under sub. (2) exceeds the amount available in the appropriation under s. 20.445 (1) (b) (dr) for completion awards under sub. (2), the department may reduce the reimbursement percentage or deny applications for completion awards that would otherwise qualify under sub. (2). In that case, the department shall determine the reimbursement percentage and eligibility on the basis of the dates on which apprentices and sponsors become eligible for completion awards.

SB886,20 Section 20. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

SB886,32,22 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (b) (e), the department may award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be is responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

SB886,21 Section 21. 106.18 of the statutes is amended to read:

SB886,33,3 106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (b) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.

SB886,22 Section 22. 106.26 (3) (c) (intro.) of the statutes is amended to read:

SB886,33,8 106.26 (3) (c) (intro.) To make grants from the appropriation under s. 20.445 (1) (b) (fg) to eligible applicants to conduct projects or to match a federal grant awarded to an eligible applicant to conduct a project. Grants by the department are subject to all of the following requirements:

SB886,23 Section 23. 106.272 (1) of the statutes is amended to read:

SB886,33,15 106.272 (1) From the appropriation under s. 20.445 (1) (b) (dg), the department shall award grants to the school board of a school district or to the governing body of a private school, as defined under s. 115.001 (3d), or to a charter management organization that has partnered with an educator preparation program approved by the department of public instruction and headquartered in this state to design and implement a teacher development program.

SB886,24 Section 24. 106.273 (3) (a) (intro.) of the statutes is amended to read:

SB886,33,21 106.273 (3) (a) (intro.) From the appropriation under s. 20.445 (1) (b) (bz), the department shall allocate not less than $3,500,000 in each fiscal year for incentive grants to school districts under this subsection. From that allocation, the department shall annually award all of the following incentive grants to school districts:

SB886,25 Section 25. 106.273 (3) (b) of the statutes is amended to read:

SB886,34,2 106.273 (3) (b) If the amount allocated under par. (a) available in the appropriation under s. 20.445 (1) (bz) in any fiscal year is insufficient to pay the full amount per student under par. (a) 1m. and 2m., the department may prorate the amount of the department's payments among school districts eligible for incentive grants under this subsection.

SB886,26 Section 26. 106.275 (1) (a) of the statutes is amended to read:

SB886,34,9 106.275 (1) (a) From the appropriation under s. 20.445 (1) (b) (cg), the department may allocate up to $500,000 in each fiscal year for technical education equipment grants to school districts under this section. From that allocation, the department may award technical education equipment grants under this section in the amount of not more than $50,000 to school districts whose grant applications are approved under sub. (2) (b).

SB886,27 Section 27 . 108.04 (2) (a) (intro.) of the statutes is amended to read:

SB886,34,13 108.04 (2) (a) (intro.) Except as provided in par. pars. (b) and to (bd), sub. (16) (am) and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week only if all of the following apply:

SB886,28 Section 28 . 108.04 (2) (a) 1. of the statutes is amended to read:

SB886,34,16 108.04 (2) (a) 1. Except as provided in s. 108.062 (10), the individual The claimant is able to work and available for work during that week ;.

SB886,29 Section 29 . 108.04 (2) (a) 2. of the statutes is amended to read:

SB886,34,20 108.04 (2) (a) 2. Except as provided in s. 108.062 (10m), as of that week, the individual The claimant has registered for work as directed in the manner prescribed by the department; by rule.

SB886,30 Section 30 . 108.04 (2) (a) 3. (intro.) of the statutes is renumbered 108.04 (2) (a) 3. and amended to read:

SB886,35,11 108.04 (2) (a) 3. The individual claimant conducts a reasonable search for suitable work during that week, unless the search requirement is waived under par. (b) or s. 108.062 (10m) and provides verification of that search to the department. The search for suitable work must include at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. In addition, the department may, by rule, require an individual a claimant to take more than 4 reasonable work search actions in any week. The department shall require a uniform number of reasonable work search actions for similar types of claimants. This subdivision does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:

SB886,31 Section 31 . 108.04 (2) (a) 3. a. to c. of the statutes are renumbered 108.04 (2) (b) 1. a. to c. and amended to read:

SB886,35,14 108.04 (2) (b) 1. a. The history of layoffs and reemployments by the employer;.

SB886,35,17 b. Any information that the employer furnished to the individual claimant or the department concerning the individual's claimant's anticipated reemployment date; and.

SB886,35,19 c. Whether the individual claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement; and.

SB886,32 Section 32 . 108.04 (2) (b) of the statutes is renumbered 108.04 (2) (b) (intro.) and amended to read:

SB886,36,2 108.04 (2) (b) (intro.) The requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule shall, except as provided under par. (bd), waive these requirements the registration for work requirement under certain stated conditions. par. (a) 2. if any of the following applies:

SB886,33 Section 33 . 108.04 (2) (b) 1. (intro.) of the statutes is created to read:

SB886,36,10 108.04 (2) (b) 1. (intro.) The department determines that the claimant is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the claimant by that employer within a period of 8 weeks, which may be extended up to an additional 4 weeks but not to exceed a total of 12 weeks. In determining whether the claimant has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the claimant's employment status and shall consider all of the following:

SB886,34 Section 34. 108.04 (2) (b) 2. to 6. of the statutes are created to read:

SB886,36,15 108.04 (2) (b) 2. The claimant has a reasonable expectation of starting employment with a new employer within 4 weeks and the employer has verified the anticipated starting date with the department. A waiver under this subdivision may not exceed 4 weeks.

SB886,36,17 3. The claimant has been laid off from work and routinely obtains work through a labor union referral and all of the following apply:

SB886,36,19 a. The union is the primary method used by workers to obtain employment in the claimant's customary occupation.

SB886,36,22 b. The union maintains records of unemployed members and the referral activities of these members, and the union allows the department to inspect those records.

SB886,36,25 c. The union provides, upon the request of the department, any information regarding a claimant's registration with the union or any referrals for employment it has made to the claimant.

SB886,37,3 d. Prospective employers of the claimant seldom place orders with the public employment office for jobs requiring occupational skills similar to those of the claimant.

SB886,37,6 e. The claimant is registered for work with a union and satisfies the requirements of the union relating to job referral procedures, and maintains membership in good standing with the union.

SB886,37,8 f. The union enters into an agreement with the department regarding the requirements of this subdivision.

SB886,37,9 4. The claimant is summoned to serve as a prospective or impaneled juror.

SB886,37,14 5. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work registration requirements.

SB886,37,16 6. The claimant is unable to complete registration due to circumstances that the department determines are beyond the claimant's control.

SB886,35 Section 35 . 108.04 (2) (bb) of the statutes is created to read:

SB886,37,19 108.04 (2) (bb) The department shall, except as provided under par. (bd), waive the work search requirement under par. (a) 3. if any of the following applies:

SB886,37,20 1. A reason specified in par (b) 1., 2., 3., or 4.

SB886,37,21 2. The claimant performs any work for his or her customary employer.

SB886,38,2 3. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work search requirements.

SB886,38,4 4. The claimant has not complied with the requirement because of an error made by personnel of the department.

SB886,38,7 5. The claimant's most recent employer failed to post appropriate notice posters as to claiming unemployment benefits as required by the department by rule, and the claimant was not aware of the work search requirement.