LRB-1174/P5
SWB:wlj&kjf:jf
2015 - 2016 LEGISLATURE
DOA:......Dombrowski, BB0414 - Requiring DHS to screen foodshare employment and training participants for drug use and requiring DHS to seek approval from federal USDA for screening
For 2015-2017 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Public assistance
Under current law, the federal food stamp program, now known as the Supplemental Nutrition Assistance Program (SNAP) and called FoodShare in this state, assists eligible low-income individuals (recipients) to purchase food. SNAP benefits are paid entirely with federal moneys. The cost of administration is split between the federal and state governments. The program is administered in this state by DHS. Under current law, DHS may require a recipient of SNAP benefits who is able and who is 18 to 60 years of age to participate in the FoodShare employment and training program (FSET) to be eligible for SNAP benefits, unless the recipient is participating in a Wisconsin Works employment position, is the caretaker of a child under the age of six years, or is enrolled at least half time in school or in a training program or an institution of higher education.
This bill requires DHS to submit to the secretary of the federal Department of Agriculture (USDA) a request for a waiver that would authorize DHS to screen and, if indicated, test participants in the FSET program for illegal use of a controlled substance without presenting evidence of a valid prescription. If the waiver is approved, DHS must then screen and, if indicated, test, in a manner approved by the USDA, FSET participants for illegal use of a controlled substance without presenting evidence of a valid prescription. The bill also requires that if the amendments are approved in the 2015-17 fiscal biennium, DHS must address any future fiscal impact resulting from the requirements in its biennial budget request for the 2017-19 fiscal biennium.
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:
Section 1. 49.79 (9) (d) of the statutes is created to read:
49.79 (9) (d) 1. The department shall request from the secretary of the federal department of agriculture a waiver to permit the department to screen and, if indicated, test, as specified by the department in the waiver request, participants in an employment and training program under this subsection for illegal use of a controlled substance without presenting evidence of a valid prescription.
2. If a waiver under subd. 1. is granted and in effect, the department shall screen and, if indicated, test, in a manner approved in the waiver granted by the secretary of the federal department of agriculture, participants in an employment and training program under this subsection for illegal use of a controlled substance without presenting evidence of a valid prescription.
Section 9118. Nonstatutory provisions; Health Services.
(1) Requirements for FoodShare employment and training program drug screening. If, during the 2015-17 fiscal biennium, the secretary of the federal department of agriculture approves the waiver requested under section 49.79 (9) (d) 1. of the statutes, as created by this act, the department of health services shall address, in the department's biennial budget request under section 16.42 of the statutes for the 2017-19 fiscal biennium, any future fiscal impact resulting from actions taken under section 49.79 (9) (d) 2. of the statutes, as created by this act.
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