AB192,7,2018 3. If the claimant is determined by the department under subd. 1. to be an
19individual for whom suitable work is only available in an occupation that regularly
20conducts drug testing, conduct a screening on the claimant.
AB192,7,2421 4. If the claimant is determined by the department under subd. 2. to be an
22individual for whom suitable work is only available in an occupation identified in the
23rules promulgated under par. (am), conduct a screening on the claimant if a
24screening is not already required under subd. 3.
AB192,8,4
14m. If the claimant is determined by the department under subd. 2m. to be an
2individual for whom suitable work is only available in an occupation identified in the
3rules promulgated under par. (ar), conduct a screening on the claimant if a screening
4is not already required under subd. 3. or 4.
AB192,8,75 5. If a screening conducted as required under subd. 3., 4., or 4m. indicates a
6reasonable suspicion that the claimant has engaged in the unlawful use of controlled
7substances, require that the claimant submit to such a test.
AB192,8,98 (c) Create and provide a substance abuse treatment program in accordance
9with the rules promulgated under par. (a) 2.
AB192,8,1110 (d) Create and conduct job skills assessments in accordance with the rules
11promulgated under par. (a) 4.
AB192,8,1512 (e) Conduct a survey of employers to identify occupations for which employers
13require pre-employment, random, or reasonable suspicion drug testing as a
14condition of obtaining or continuing employment. The department shall conduct a
15new survey under this paragraph every 10 years.
AB192,8,20 16(3) Drug testing. (a) If a claimant is required under sub. (2) (b) 5. to submit
17to a test for the presence of controlled substances and the claimant declines to submit
18to such a test, the claimant is ineligible for benefits under this chapter until 52 weeks
19after the date of the declining or until the claimant qualifies for benefits in a
20subsequent benefit year, whichever occurs later.
AB192,9,221 (b) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the
22presence of controlled substances submits to the test and does not test positive for
23any controlled substance or the claimant presents evidence satisfactory to the
24department that the claimant possesses a valid prescription for each controlled
25substance for which the claimant tests positive, the claimant may receive benefits

1under this chapter if otherwise eligible and may not be required to submit to any
2further test for the presence of controlled substances until a subsequent benefit year.
AB192,9,103 (c) If a claimant who is required under sub. (2) (b) 5. to submit to a test for the
4presence of controlled substances submits to the test and tests positive for one or
5more controlled substances without presenting evidence satisfactory to the
6department that the claimant possesses a valid prescription for each controlled
7substance for which the claimant tested positive, the claimant is ineligible for
8benefits under this chapter until 52 weeks after the date of the test or until the
9claimant qualifies for benefits in a subsequent benefit year, whichever occurs later,
10except as provided in par. (d).
AB192,9,1811 (d) A claimant who tests positive for one or more controlled substances without
12presenting evidence of a valid prescription as described in par. (c) may maintain his
13or her eligibility for benefits under this chapter by enrolling in the substance abuse
14treatment program and undergoing a job skills assessment. Such a claimant
15remains eligible for benefits under this chapter, if otherwise eligible, for each week
16the claimant is in full compliance with any requirements of the substance abuse
17treatment program and job skills assessment, as determined by the department in
18accordance with the rules promulgated under sub. (2) (a) 2. and 4.
AB192,9,2219 (e) The department shall charge to the fund's balancing account the cost of
20benefits paid to an individual that are otherwise chargeable to the account of an
21employer that is subject to the contribution requirements of ss. 108.17 and 108.18
22if the individual receives benefits based on the application of par. (d).
AB192,9,25 23(4) Preemployment drug testing. (a) An employing unit may, in accordance
24with the rules promulgated by the department under par. (b), voluntarily submit to
25the department the results of a test for the presence of controlled substances that was

1conducted on an individual as preemployment screening or notify the department
2that an individual declined to submit to such a test as a condition of employment,
3along with information necessary to identify the individual. Upon receipt of any such
4results of a test conducted and certified in a manner approved by the department or
5notification that an individual declined to submit to such a test, the department shall
6determine whether the individual is a claimant receiving benefits. If the individual
7is a claimant receiving benefits, the department shall, in accordance with rules
8promulgated by the department under par. (b), use that information for purposes of
9determining eligibility for benefits under s. 108.04 (8) (b).
AB192,10,1010 (b) The department shall promulgate rules necessary to implement par. (a).
AB192,10,16 11(5) Application of this section. (a) Notwithstanding subs. (2) (b) 1., 3., and
125., (c), and (d) and (3), subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) do not apply until
13the rules required under sub. (2) (a) take effect. The department shall submit to the
14legislative reference bureau for publication in the Wisconsin administrative register
15a notice identifying the date on which subs. (2) (b) 1., 3., and 5., (c), and (d) and (3)
16will be implemented.
AB192,10,2117 (b) Notwithstanding sub. (2) (b) 2. and 4., sub. (2) (b) 2. and 4. do not apply until
18the rules required under sub. (2) (am) take effect. The department shall submit to
19the legislative reference bureau for publication in the Wisconsin administrative
20register a notice identifying the date on which sub. (2) (b) 2. and 4. will be
21implemented.
AB192,11,222 (bm) Notwithstanding sub. (2) (b) 2m. and 4m., sub. (2) (b) 2m. and 4m. do not
23apply until the rules required under sub. (2) (ar) take effect. The department shall
24submit to the legislative reference bureau for publication in the Wisconsin

1administrative register a notice identifying the date on which sub. (2) (b) 2m. and 4m.
2will be implemented.
AB192,11,73 (c) Notwithstanding sub. (4) (a) and s. 108.04 (8) (b), sub. (4) (a) and s. 108.04
4(8) (b) do not apply until the rules required under sub. (4) (b) take effect. The
5department shall submit to the legislative reference bureau for publication in the
6Wisconsin administrative register a notice identifying the date on which sub. (4) (a)
7and s. 108.04 (8) (b) will be implemented.
AB192,11,128 (d) The secretary may waive compliance with any provision under this section
9and s. 108.04 (8) (b) if the secretary determines that waiver of the provision is
10necessary to permit continued certification of this chapter for grants to this state
11under Title III of the federal Social Security Act or for maximum credit allowances
12to employers under the federal Unemployment Tax Act.
AB192,7 13Section 7. 108.14 (8n) (e) of the statutes is amended to read:
AB192,12,214 108.14 (8n) (e) The department shall charge this state's share of any benefits
15paid under this subsection to the account of each employer by which the employee
16claiming benefits was employed in the applicable base period, in proportion to the
17total amount of wages he or she earned from each employer in the base period, except
18that if s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 108.07
19(3), (3r), or (5) (b), or 108.133 (3) (e) would have applied to employment by such an
20employer who is subject to the contribution requirements of ss. 108.17 and 108.18,
21the department shall charge the share of benefits based on employment with that
22employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3)
23would have applied to an employer that is not subject to the contribution
24requirements of ss. 108.17 and 108.18, the department shall charge the share of
25benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The

1department shall also charge the fund's balancing account with any other state's
2share of such benefits pending reimbursement by that state.
AB192,8 3Section 8. 108.141 (7) (a) of the statutes is amended to read:
AB192,12,104 108.141 (7) (a) The department shall charge the state's share of each week of
5extended benefits to each employer's account in proportion to the employer's share
6of the total wages of the employee receiving the benefits in the employee's base
7period, except that if the employer is subject to the contribution requirements of ss.
8108.17 and 108.18 the department shall charge the share of extended benefits to
9which s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 108.07
10(3), (3r), or (5) (b), or 108.133 (3) (e) applies to the fund's balancing account.
AB192,9 11Section 9. 108.16 (6m) (a) of the statutes is amended to read:
AB192,12,1412 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g),
13(7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.133
14(3) (e),
108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).
AB192,10 15Section 10. Nonstatutory provisions.
AB192,12,1616 (1) Unemployment insurance; drug testing.
AB192,12,2117 (a) Scope statements for rules. The department of workforce development shall
18present the statements of scope of the rules required under sections 108.04 (8) (b) and
19108.133 (2) (a), (am), and (ar) and (4) (b) of the statutes, as created by this act, to the
20governor for approval under section 227.135 (2) of the statutes no later than the
21180th day after the effective date of this paragraph.
AB192,13,722 (b) Emergency rule authority. Using the procedure under section 227.24 of the
23statutes, the department of workforce development may promulgate any rules
24required under sections 108.04 (8) (b) and 108.133 (2) (a), (am), and (ar) and (4) (b)
25of the statutes, as created by this act, for the period before the effective date of any

1corresponding permanent rules, but not to exceed the period authorized under
2section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of
3the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes,
4the department is not required to provide evidence that promulgating a rule under
5this paragraph as an emergency rule is necessary for the preservation of the public
6peace, health, safety, or welfare and is not required to provide a finding of emergency
7for a rule promulgated under this paragraph.
AB192,13,118 (c) Employer survey. The department of workforce development shall conduct
9and compile the results of the survey required under section 108.133 (2) (e) of the
10statutes, as created by this act, no later than the first day of the 6th month beginning
11after the effective date of this paragraph.
AB192,11 12Section 11. Effective date.
AB192,13,1413 (1) This act takes effect on the day after publication, or on the 2nd day after
14publication of the 2015-17 biennial budget act, whichever is later.
AB192,13,1515 (End)
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