January 2018 Special Session
2017 - 2018 LEGISLATURE
February 16, 2018 - Printed by direction of Senate Chief Clerk.
1An Act to amend
49.155 (1m) (a) 3m., 49.79 (9) (a) 1. and 49.79 (9) (a) 2. of the 2
statutes; relating to: statewide FoodShare employment and training program
3requirement for able-bodied adults and Wisconsin Shares child care subsidy
4for FoodShare employment and training program participants.
Analysis by the Legislative Reference Bureau
The text of Engrossed January 2018 Special Session Assembly Bill 2 consists
of the following documents adopted in the assembly on February 15, 2018: the bill
as affected by Assembly Amendments 1, 2, 3, and 4. The text also includes the
February 16, 2018, chief clerk's correction to January 2018 Special Session Assembly
Bill 2 and chief clerk's correction to Assembly Amendment 3.
Content of Engrossed January 2018 Special Session Assembly Bill 2:
This bill requires the Department of Health Services to require all able-bodied
adults to participate in the FoodShare employment and training program, known as
FSET, except for able-bodied adults who are already employed, as determined by
DHS; able-bodied adults who are caretakers of a child under the age of six;
able-bodied adults who are at least half-time students; and caretakers of a
dependent who is disabled. FoodShare is also known as the food stamp program and
the federal Supplemental Nutrition Assistance Program and is administered by
DHS. An able-bodied adult is 18 years of age or older but younger than 50 years of
age, not pregnant, not exempt from a work requirement under federal regulations,
and not determined to be medically certified as physically or mentally unfit for
employment. Currently, able-bodied adults without dependents are required to
comply with certain work requirements as a condition of FoodShare eligibility,
though the FSET program is voluntary. The 2017 Biennial Budget Act, 2017
Wisconsin Act 59
, specified that DHS may require able-bodied adults to participate
in FSET and allowed DHS to require a subset of, instead of all, able individuals who
are 18 to 60 years of age and who are not Wisconsin Works participants to participate
in FSET, to the extent allowed by the federal government.
The bill requests the Joint Legislative Audit Committee to require the
Legislative Audit Bureau to perform a financial and performance evaluation audit
of FSET in 2019.
The bill restores language eliminated in the biennial budget act, 2017
Wisconsin Act 59
. To receive a child care subsidy under Wisconsin Shares, an
individual must be seeking child care to participate in an approved activity. Among
the approved activities before Act 59 was participation in a job search or work
experience component of FSET. The budget removed language such that
participation in a component of FSET would be an approved activity. This bill
restores the language such that participation in a job search or work experience
component of FSET is an approved activity for purposes of Wisconsin Shares.
The bill also requires DHS to submit to the appropriate federal agency a request
that, if the state's reforms to FoodShare and FSET result in savings to the federal
government, the federal government would share those savings with the state to
facilitate administration of assisting able-bodied adults in finding employment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
(a) 3m. Participating in a job search or work experience
of the food stamp employment and training program under s. 49.79 (9).
(a) 1. The department shall administer an employment and training 8
program for recipients under the food stamp program and may contract with county 9
departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, local 10
workforce development boards established under 29 USC 2832
, tribal governing
bodies, or other organizations to carry out the administrative functions. A county 2
department, multicounty consortium, local workforce development board, tribal 3
governing body, or other organization may subcontract with a Wisconsin Works 4
agency or another provider to administer the employment and training program 5
under this subsection.
Except as provided in subds. 2. and 3.,
beginning October 1, 2019,
department shall require, to the extent allowed by the federal government, all
8able-bodied adults in this state to participate in the employment and training
9program under this subsection, except for able-bodied adults who are employed, as
10determined by the department. The department
may require other
able individuals 11
who are 18 to 60 years of age, or a subset of those individuals to the extent allowed 12
by the federal government, who are not participants in a Wisconsin Works 13
employment position to participate in the employment and training program under 14
49.79 (9) (a) 2. of the statutes is amended to read:
(a) 2. The department may not require an individual who is a recipient 17
under the food stamp program and who is either
the caretaker of a child under the 18
age of 6 or a caretaker of a dependent who is disabled, as defined in 49.468 (1) (a) 1., 19
to participate in any employment and training program under this subsection.
21(1) FoodShare employment and training program audit.
The joint legislative 22
audit committee is requested to direct the legislative audit bureau to perform a 23
financial and performance evaluation audit in 2019 of the FoodShare employment 24
and training program. If the joint legislative audit committee directs the legislative
audit bureau to perform an audit, the legislative audit bureau shall file its report as 2
described under section 13.94 (1) (b) of the statutes.
3(2) Shared savings.
The department of health services shall submit to the U.S. 4
department of agriculture a request that if reforms to the state's food stamp program 5
and the food stamp employment and training program result in savings to the federal 6
government, the U.S. department of agriculture will share at least some of the 7
savings with the state to facilitate administration of assisting able-bodied adults in 8