LRB-4295/1
PJK:jld:jf
2009 - 2010 LEGISLATURE
March 19, 2010 - Introduced by Representatives Knodl, Brooks, Friske,
Gunderson, Honadel, Newcomer, Nygren, Petrowski, Pridemore,
Strachota, Suder, Tauchen, Townsend, Vos
and Zipperer, cosponsored by
Senators Darling, Lazich and Leibham. Referred to Committee on Children
and Families.
AB874,1,4 1An Act to amend 49.148 (4) (a); and to create 49.148 (4) (am) of the statutes;
2relating to: increasing the reduction in Wisconsin Works benefits based on a
3positive drug test, paying the amount of the reduction to dependent children in
4the group, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Among the types of assistance that the Wisconsin Works (W-2) program under
current law provides are work experience and benefits for low-income custodial
parents who are at least 18 years old. W-2 has three categories of employment
positions: 1) trial jobs, under which an individual receives at least minimum wage
from an employer and the W-2 agency pays a wage subsidy of up to $300 per month
to the employer; 2) community service jobs, under which an individual works in a
project that serves a useful public purpose or that will generate revenue to wholly
or partially offset the project's cost and receives a monthly grant of up to $673 from
the W-2 agency; and 3) transitional placements, under which an individual
participates in work activities in a community rehabilitation program, a job similar
to a community service job, or volunteer activities and receives a monthly grant of
up to $628 from the W-2 agency.
Under current law, if an individual in a community service job or a transitional
placement was convicted after August 22, 1996, in any state or federal court of a
felony that has as an element possession, use, or distribution of a controlled
substance, the individual must submit to a test for use of a controlled substance. If
the test results are positive, the individual's benefit is reduced by up to 15 percent

for at least 12 months, and the W-2 agency may require the individual to participate
in a drug abuse evaluation, assessment, and treatment program.
This bill increases the possible reduction in an individual's benefit for a positive
test result for the use of a controlled substance to up to 50 percent and provides that
the other members of the individual's W-2 group who are dependent children would
continue to receive the amount by which the individual's benefit is reduced in the
form of protective or vendor payments in the manner prescribed by the Department
of Children and Families by rule. A W-2 group consists of all of the following: 1) an
individual who is a custodial parent and his or her dependent children; 2) all
dependent children with respect to whom the individual's dependent child is a
custodial parent; and 3) the individual's spouse or nonmarital coparent residing in
the same household and all dependent children with respect to whom the spouse or
nonmarital coparent is a custodial parent. A dependent child is defined as a child
who lives with a parent and who is under 18 years old, or under 19 years old if he or
she is a full-time student in a secondary school or a vocational or technical
equivalent.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB874, s. 1 1Section 1. 49.148 (4) (a) of the statutes is amended to read:
AB874,3,22 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in
3a community service job or transitional placement who, after August 22, 1996, was
4convicted in any state or federal court of a felony that had as an element possession,
5use, or distribution of a controlled substance to submit to a test for use of a controlled
6substance as a condition of continued eligibility. If the test results are positive, the
7Wisconsin works Works agency shall decrease the presanction benefit amount for
8that participant by not more than 15% 50 percent for not fewer than 12 months, or
9for the remainder of the participant's period of participation in a community service
10job or transitional placement, if less than 12 months. If, at the end of 12 months, the
11individual is still a participant in a community service job or transitional placement
12and submits to another test for use of a controlled substance and if the results of the

1test are negative, the Wisconsin works Works agency shall discontinue the reduction
2under this paragraph.
AB874, s. 2 3Section 2. 49.148 (4) (am) of the statutes is created to read:
AB874,3,84 49.148 (4) (am) During any period in which a participant's benefit amount is
5reduced under par. (a), the other members of the participant's Wisconsin Works
6group who are dependent children shall continue to receive the amount by which the
7participant's benefit amount is reduced in the form of protective or vendor payments
8as prescribed by the department by rule.
AB874,3,99 (End)
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