January 2018 Special Session
2017 - 2018 LEGISLATURE
January 26, 2018 - Introduced by
Committee on Senate Organization, Senators
Nass, Kapenga, Stroebel, Wanggaard, Craig, Darling, Feyen, Marklein and
Vukmir, cosponsored by Representatives Kremer,
Ott, Bernier, Born,
Brandtjen, Felzkowski, Horlacher, Hutton, Jacque, Jagler, Katsma,
Kerkman, Kitchens, Kleefisch, Knodl, Krug, Kuglitsch, Murphy,
Petersen, Petryk, Rohrkaste, Sanfelippo, Spiros, Thiesfeldt, Tittl, Tusler
and Wichgers, by request of Governor Scott Walker. Referred to Committee
on Public Benefits, Licensing and State-Federal Relations.
1An Act to create
49.79 (7g) of the statutes; relating to: photo identification
2cards for FoodShare recipients.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to prepare and submit a
comprehensive implementation plan to the food and nutrition service of the U.S.
Department of Agriculture for approval to issue electronic benefit transfer
identification cards containing a photo to recipients of assistance under the federal
food stamp program. The program, now known as the Supplemental Nutrition
Assistance Program, or SNAP, and called FoodShare in this state, provides
assistance to eligible low-income individuals for purchasing 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.
In addition to requiring DHS to submit an implementation plan to USDA for
approval to issue photo EBT cards, the bill requires DHS to submit a waiver request
to USDA to allow DHS to require FoodShare recipients to show an EBT card
containing a photo when making purchases using FoodShare benefits. Finally, this
bill requires that if FNS and USDA approve the comprehensive implementation plan
and the waiver, respectively, DHS must submit the plan, the waiver, and a request
for any necessary appropriations to implement the plan to the Joint Committee on
Finance for approval. Once the implementation plan and the waiver have federal
approval and approval from JCF, then DHS must implement the proposals in the
approved implementation plan and issue EBT cards containing photo identification
of the FoodShare recipients to whom they are issued.
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:
49.79 (7g) of the statutes is created to read:
49.79 (7g) Food stamp photo identification cards.
(a) In this subsection, “food 3
and nutrition service" means the food and nutrition service of the U.S. department 4
(b) 1. The department shall submit a comprehensive implementation plan to 6
the food and nutrition service as required by the food and nutrition service guidelines 7
and federal regulations for allowing electronic benefit transfer cards containing a 8
photograph. The department shall address in the implementation plan the issues 9
required by the federal food and nutrition service for allowing photographs on 10
electronic benefit transfer cards, including supplemental nutrition assistance 11
program policies, operational issues, outreach, civil rights concerns, procedures to 12
ensure that authorized representatives are able to use the card, and a description of 13
how the department will ensure state compliance with federal requirements.
2. Along with the implementation plan, the department shall submit a request 15
for a waiver from the U.S. department of agriculture to allow the department to 16
require that an individual show an electronic benefit card containing a photograph 17
when making a purchase using food stamp benefits.
(c) If the food and nutrition service grants written approval of the 19
implementation plan, and the U.S. department of agriculture approves the waiver, 20
the department shall submit the implementation plan, the waiver, and any 21
necessary appropriation requests to implement the plan to the joint committee on
finance for approval. The department or a county, multicounty consortium, or 2
elected governing body may not implement the proposals contained in the 3
implementation plan under par. (b) unless the joint committee on finance grants 4
approval of both the implementation plan and the waiver.
(d) If the department receives approval of both the implementation plan and 6
the waiver under par. (c), then the department, or a county, multicounty consortium, 7
or elected governing body of a federally recognized American Indian tribe or band 8
acting on behalf of the department, shall issue, consistent with provisions of the 9
implementation plan, food stamp identification cards to food stamp recipients that 10
contain a photograph of the individual to whom the card is issued, and shall require 11
an individual to show an electronic benefit card containing a photograph when 12
making a purchase using food stamp benefits.