LRB-5222/1
TJD&EAW:emw/amn/ahe
January 2018 Special Session
2017 - 2018 LEGISLATURE
January 26, 2018 - Introduced by Committee on Assembly Organization,
Representatives Vos, Felzkowski, Thiesfeldt, Sanfelippo, Tusler,
Petersen, Duchow, Petryk, Kuglitsch, Tittl, Knodl, Brandtjen, Murphy,
Spiros, Wichgers, Bernier, Kleefisch, Rohrkaste, Katsma, Born, Kremer
and Swearingen, cosponsored by Senators Kapenga, Craig, Darling,
LeMahieu, Marklein, Stroebel, Vukmir and Wanggaard, by request of
Governor Scott Walker. Referred to Committee on Public Benefit Reform.
AB3,1,3 1An Act to amend 49.145 (3) (a); and to create 49.145 (3) (c), 49.155 (1m) (cr),
249.155 (2m) and 49.79 (1p) of the statutes; relating to: asset restrictions on
3eligibility for FoodShare, Wisconsin Works, and Wisconsin Shares.
Analysis by the Legislative Reference Bureau
This bill changes the financial eligibility requirements for Wisconsin Works
(W-2), Wisconsin Shares, and FoodShare.
Under current law, the Department of Children and Families administers the
W-2 program, which provides work experience and benefits for low-income
custodial parents who are at least 18 years old. Under current law, an individual is
only eligible for W-2 if he or she meets certain eligibility criteria, including that the
individual's family may not have more than $2,500 in liquid assets. Combined equity
in vehicles up to $10,000 and a homestead are excluded from the calculation of liquid
assets under current law. The bill specifies that a homestead is excluded from the
calculation of liquid assets if it is valued at no more than 200 percent of the statewide
median value for homes, unless the individual qualifies for a hardship exemption
established by DCF by rule. In addition, any agricultural land owned by the family
is excluded when calculating the value of the homestead under the bill.
Under current law, an individual who is the parent of a child under the age of
13 or, if the child is disabled, under the age of 19, who needs child care services to
participate in various education or work activities, and who satisfies other eligibility
criteria may receive a child care subsidy for child care services under Wisconsin
Shares. Under current law, an individual is only eligible for Wisconsin Shares if he

or she meets certain eligibility criteria, including that the individual's family may
not have more than $25,000 in liquid assets. The bill provides that an individual is
not eligible for Wisconsin Shares if his or her family owns more than one home or
owns a home that is used as the individual's primary residence and that is valued at
more than 200 percent of the statewide median home value. Any agricultural land
owned by the family is excluded when calculating the value of the primary residence
under the bill. The bill also specifies that an individual is not eligible for Wisconsin
Shares if his or her family owns personal vehicles with a combined equity value of
more than $20,000. These restrictions only apply to new applicants under Wisconsin
Shares under the bill.
The bill grants DCF the authority to promulgate a rule to establish a hardship
exemption for the asset limitations for Wisconsin Shares. Under the bill, if an
individual qualifies for a hardship limitation under the rule promulgated by DCF,
the asset limitations established under the bill for Wisconsin Shares do not apply to
that individual.
The bill provides a similar asset-related restriction on eligibility for
FoodShare. FoodShare, also known as the food stamp program and the federal
Supplemental Nutrition Assistance Program, is administered by the Department of
Health Services. FoodShare provides benefits to eligible low-income households for
the purchase of food. As of July 1, 2018, unless the federal government disapproves,
an individual who is not elderly, blind, or disabled and whose household has more
than $25,000 in liquid assets, such as cash or financial resources that can be
converted to cash without penalties, is ineligible for FoodShare benefits. The bill, to
the extent allowed under federal law, makes an individual who is not elderly or
disabled and who is at least 19 years of age ineligible to participate in FoodShare in
a month if the individual owns more than one home; the individual owns a primary
residence that is worth more than 200 percent of the statewide median home value,
excluding the value of agricultural land; or the combined equity value of vehicles,
except those used for business purposes, owned by the individual is more than
$20,000. The asset restriction does not apply to an individual who has a hardship
exemption, if DHS promulgates rules regarding a hardship exemption.
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:
AB3,1 1Section 1. 49.145 (3) (a) of the statutes is amended to read:
AB3,3,62 49.145 (3) (a) Resource limitations. The individual is a member of a Wisconsin
3works Works group whose assets do not exceed $2,500 in combined equity value. In
4Except as provided under par. (c), in determining the combined equity value of

1assets, the Wisconsin works Works agency shall exclude the equity value of vehicles
2up to a total equity value of $10,000, and one home, valued at no more than 200
3percent of the statewide median value for homes,
that serves as the homestead for
4the Wisconsin works Works group. In calculating the value of the homestead, the
5Wisconsin Works agency shall exclude the value of agricultural land owned by the
6Wisconsin Works group.
AB3,2 7Section 2 . 49.145 (3) (c) of the statutes is created to read:
AB3,3,148 49.145 (3) (c) Hardship exemption. The department may promulgate a rule
9that establishes a hardship exemption for the resource limitation under par. (a). If
10an individual qualifies for a hardship exemption under the department's rule, the
11Wisconsin Works agency shall exclude the equity value of vehicles up to a total equity
12value of $10,000, and of one home, valued at any amount, that serves as the
13homestead for the Wisconsin Works group in determining whether the Wisconsin
14Works group's combined equity value of assets exceeds $2,500.
AB3,3 15Section 3. 49.155 (1m) (cr) of the statutes is created to read:
AB3,3,1716 49.155 (1m) (cr) Except as provided under sub. (2m), the individual's family
17meets all of the following asset restrictions:
AB3,3,2218 1. The individual's family owns no more than one home, which is used as the
19individual's primary residence, and which is valued at no more than 200 percent of
20the statewide median value for homes. In calculating the value of a home under this
21subdivision, the value of any agricultural land owned by the individual's family shall
22be excluded.
AB3,3,2423 2. The combined equity value of any vehicles, except those used for business
24purposes, owned by the individual's family is no more than $20,000.
AB3,4 25Section 4 . 49.155 (2m) of the statutes is created to read:
AB3,4,4
149.155 (2m) Hardship exemption. The department may promulgate a rule that
2establishes a hardship exemption for the asset restrictions under sub. (1m) (cr). If
3the individual qualifies for a hardship exemption under the department's rule, the
4asset restrictions under sub. (1m) (cr) do not apply to the individual.
AB3,5 5Section 5. 49.79 (1p) of the statutes is created to read:
AB3,4,86 49.79 (1p) Eligibility; restrictions on certain assets. (a) In this subsection,
7“elderly, blind, or disabled individual” has the meaning given for “elderly or disabled
8member” in 7 USC 2012 (j).
AB3,4,129 (b) To the extent allowed under federal law, an individual who is not an elderly,
10blind, or disabled individual and who is at least 19 years of age is ineligible to
11participate in the food stamp program in a month in which any of the following
12applies:
AB3,4,1313 1. The individual owns more than one home.
AB3,4,1614 2. The individual owns a primary residence that is worth more than 200 percent
15of the statewide median home value. In calculating the home value, the value of any
16agricultural land owned by the individual is excluded.
AB3,4,1817 3. The combined equity value of vehicles, except those used for business
18purposes, owned by the individual is more than $20,000.
AB3,4,2119 (c) If the department promulgates a rule establishing a hardship exemption,
20par. (b) does not apply to an individual who meets the criteria for a hardship
21exemption.
AB3,6 22Section 6 . Initial applicability.
AB3,4,2523 (1) Wisconsin Shares eligibility requirements. The creation of section 49.155
24(1m) (cr) of the statutes first applies to a Wisconsin Shares participant who applies
25for the program on the effective date of this subsection.
AB3,7
1Section 7. Effective date.
AB3,5,22 (1) Restrictions on assets. This act takes effect on January 1, 2019.
AB3,5,33 (End)
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