LRB-1676/1
TJD:ahe
2017 - 2018 LEGISLATURE
February 6, 2017 - Introduced by Representatives Sanfelippo, Allen, Brandtjen,
E. Brooks, Duchow, Gannon, Hutton, Jacque, Katsma, Kleefisch, Knodl,
Kremer, Krug, Kuglitsch, Kulp, Murphy, Ott, Skowronski, Spiros,
Thiesfeldt and Wichgers, cosponsored by Senators Kapenga, Craig,
Stroebel and Wanggaard. Referred to Committee on Public Benefit Reform.
AB57,1,3 1An Act to create 49.79 (1) (bg), 49.79 (1) (em), 49.79 (6m), 49.79 (6p) and 49.79
2(6t) of the statutes; relating to: requiring child support compliance for
3FoodShare benefits.
Analysis by the Legislative Reference Bureau
This bill prohibits certain individuals and parents who refuse to cooperate in
determining the paternity of a child or establishing or enforcing a child support order
from being eligible for FoodShare benefits. The bill also prohibits certain parents
who refuse to cooperate in providing or obtaining support for their child or who are
delinquent in child support payments and do not satisfy an exception specified in the
bill from being eligible for FoodShare benefits. FoodShare, also known as the food
stamp program and the federal Supplemental Nutrition Assistance Program,
provides benefits to eligible low-income households for the purchase of food.
FoodShare is administered by the Department of Health Services. The federal
government pays the benefits for FoodShare while the state and federal government
share the cost of administration.
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:
AB57,1
1Section 1. 49.79 (1) (bg) of the statutes is created to read:
AB57,2,22 49.79 (1) (bg) “Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB57,2 3Section 2 . 49.79 (1) (em) of the statutes is created to read:
AB57,2,44 49.79 (1) (em) “Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
AB57,3 5Section 3. 49.79 (6m) of the statutes is created to read:
AB57,2,96 49.79 (6m) Eligibility denial; child support noncompliance. (a) In this
7subsection, what constitutes a refusal to cooperate is determined by the department
8in accordance with 7 USC 2015 (l) and (m) and any federal regulations promulgated
9under 7 USC 2015 (l) and (m).
AB57,2,1110 (b) An individual is ineligible to participate in the food stamp program in a
11month in which any of the following is true:
AB57,2,1212 1. The individual satisfies all of the following:
AB57,2,1413 a. The individual is a custodial parent of or lives with and exercises parental
14control over a child who is under the age of 18 and who has an absent parent.
AB57,2,1715 b. The individual refuses to cooperate fully, in good faith, with efforts directed
16at establishing or enforcing any support order or obtaining any other payments or
17property to which that individual or the child may have rights.
AB57,2,2018 c. The individual does not have good cause for refusing to cooperate, as
19determined by the department in accordance with 7 USC 2015 (l) (2) and any federal
20regulations promulgated under 7 USC 2015 (l) (2).
AB57,2,2221 2. The individual is a noncustodial parent of a child under the age of 18 and the
22individual refuses to cooperate in providing or obtaining support for the child.
AB57,4 23Section 4 . 49.79 (6p) of the statutes is created to read:
AB57,3,224 49.79 (6p) Eligibility denial; paternity. (a) In this subsection, what
25constitutes a refusal to cooperate is determined by the department in accordance

1with 7 USC 2015 (l) and (m) and any federal regulations promulgated under 7 USC
22015
(l) and (m).
AB57,3,43 (b) An individual is ineligible to participate in the food stamp program in a
4month in which any of the following is true:
AB57,3,55 1. The individual satisfies all of the following:
AB57,3,76 a. The individual is a custodial parent of or lives with and exercises parental
7control over a child who is under the age of 18 and who has an absent parent.
AB57,3,98 b. The individual refuses to cooperate fully, in good faith, with applicable efforts
9directed at establishing the paternity of the child.
AB57,3,1210 c. The individual does not have good cause for refusing to cooperate, as
11determined by the department in accordance with 7 USC 2015 (l) (2) and any federal
12regulations promulgated under 7 USC 2015 (l) (2).
AB57,3,1513 2. The individual is alleged to be the father under s. 767.80 of a child under the
14age of 18 and the individual refuses to cooperate in efforts directed at establishing
15the paternity of the child.
AB57,3,1816 3. If the individual is a noncustodial parent who is the mother of a child under
17the age of 18 and the paternity of the child has not been established, the individual
18refuses to cooperate in efforts directed at establishing the paternity of the child.
AB57,5 19Section 5 . 49.79 (6t) of the statutes is created to read:
AB57,3,2320 49.79 (6t) Eligibility denial; delinquent support. An individual is ineligible
21to participate in the food stamp program in a month in which the individual is
22obligated by court order to provide support payments and is delinquent in making
23those court-ordered payments, unless any of the following is true:
AB57,3,2524 (a) The delinquency balance equals less than 3 months of the court-ordered
25support payment amount.
AB57,4,2
1(b) A court or a county child support agency under s. 59.53 (5) is allowing the
2individual to delay the child support payments.
AB57,4,43 (c) The individual is complying with a payment plan approved by a county child
4support agency under s. 59.53 (5) to provide support for the child of the individual.
AB57,4,55 (End)
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