Wisconsin 2021-2022 Regular Session Status: To Executive 22 R cosponsors

AB 935 — Relating to: FoodShare work and FoodShare employment and training requirements and drug testing.

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

25 added · 80 removed

Plain-language change summary

The amended version of Bill AB 935 clarifies that the Department of Health Services cannot waive work requirements for FoodShare (food stamp) benefits without prior approval from the Joint Committee on Finance. This means that any request to relax these requirements must go through a review process, ensuring that changes are closely monitored and justified. This matters because it strengthens oversight of the program, potentially impacting the number of individuals required to comply with work and training mandates to receive assistance. Overall, it emphasizes accountability in the administration of public benefits.

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CORRECTED COPY - 2022 LEGISLATURE LRB-5571/1 TJD:emw ASSEMBLY BILL 935 January 31, 2022 - Introduced by Representatives B ORN, ARMSTRONG , AUGUST, B RANDTJEN, CABRAL-G UEVARA, CALLAHAN, DITTRICH, UCHOW , EDMING , AMES, K ATSMA, KITCHENS, KNODL , KRUG, KUGLITSCH , KURTZ, OUDENBECK , MACCO, M AGNAFICI, MOSES, PENTERMAN , PETERSEN, PETRYK, PLUMER, ROZAR, SCHRAA, SKOWRONSKI , SNYDER,SORTWELL ,STEFFEN ,TITTL,TUSLER,VORPAGEL ,W ICHGERS and Z IMMERMAN , cosponsored by Senators T ESTIN, BERNIER, FELZKOWSKI, F EYEN, MARKLEIN , NASS and S TROEBEL.
Date of enactment:
Referred to Committee on Public Benefit Reform.
Assembly Bill 935 Date of publication*:
A N A CT relating to:
WISCONSIN ACT A N A CT relating to:
Analysis by the Legislative Reference Bureau Wisconsin Act 55 required the Department of Health Services to promulgate rules to develop and implement a drug screening, testing, and treatment policy, which DHS promulgated as Wis.
The people of the state of Wisconsin, represented in (b) The department of health services may not waive senate and assembly, do enact as follows:
Admin.
any of the requirements described in par.
Code ch.
(a) without SECTION 1.0Nonstatutory provisions.
DHS 38.
complying with s.
2017 Wisconsin Act 370 incorporated ch.
DHS 38 into statutes, relating to drug screening, testing, and treatment for recipients of the FoodShare employment and training program, known as FSET.
Current law requires DHS to require all able-bodied adults, with some limited exceptions, who seek benefits from the FoodShare program to participate in FSET unless they are already employed.
Current law also requires able-bodied adults without dependents to comply with certain work requirements, and, if they do not comply or meet a specified exception, their eligibility for FoodShare is limited to three months during a three-year period.
DHS is currently waiving, due to the coronavirus pandemic, the time limits on benefits for failing to comply with the FoodShare work requirement, and the other requirements have not yet been implemented.
This bill requires DHS to enforce the work requirement on able-bodied adults without dependents;
the FSET requirement on able-bodied adults;
and the drug screening, testing, and treatment requirements.
If necessary to comply with this requirement, DHS must immediately withdraw any waiver or suspension of the time limits on eligibility for FoodShare for not fulfilling the work requirement.
Current law prohibits DHS from submitting a request to a federal agency for a waiver or renewal, modification, withdrawal, suspension, or termination of a - 2022 Legislature - 2 - LRB-5571/1 TJD:emw ASSEMBLY BILL 935 waiver of federal law or rules or for authorization to implement a pilot program or demonstration project unless legislation has been enacted specifically directing the submission of the request.
If legislation allows DHS to submit such a request, current law specifies a procedure for that submission process that includes review by the Joint Committee on Finance.
The bill prohibits DHS from waiving the requirements specified in the bill without either complying with the current law process or, if the process is inapplicable, submitting the waiver proposal to JCF for review under its passive review process.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.0Nonstatutory provisions.
(1) F OODS HARE AND EMPLOYMENT AND TRAINING PROGRAM PARTICIPATION REQUIREMENTS.
(a) The department of health services shall enforce the work requirement under s.
49.79 (10) on able-bodied adults without dependents, the employment and training program requirement for able-bodied adults under s.
49.79 (9) (a) 1g., and the substance abuse screening, testing, and treatment requirements under s.
49.791 to the maximum extent allowed under federal law.
The department of health services shall immediately withdraw any waiver or suspension of the time limits on eligibility for food stamps under s.
49.79 (10) (a) 2.
for not fulfilling the work requirement if such withdrawal of a waiver or suspension is necessary to comply with this paragraph.
(b) The department of health services may not waive any of the requirements described in par.
(a) without complying with s.
20.940 is not applicable, without first submitting a request to the joint committee on finance for review of the waiver request.
20.940 is not applicable, (1) FOOD SHAREANDEMPLOYMENTANDTRAININGPRO - without first submitting a request to the joint committee on finance for review of the waiver request.
If the cochairpersons of the joint committee on finance do not notify the department of health services within 14 working days after the date of the submittal under this paragraph that the committee has scheduled a meeting for the LRB-5571/1 - 2022 Legislature - 3 - TJD:emw SECTION 1 ASSEMBLY BILL 935 purpose of reviewing the proposed waiver, the department may waive the requirement.
If the GRAM PARTICIPATION REQUIREMENTS.
If, within 14 working days after the date of the submittal under this paragraph by the department of health services, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed waiver, the department may waive the requirement only upon approval by the committee.
cochairpersons of the joint committee on finance do not (a) The department of health services shall enforce the work requirement under s.
(END)
49.79 (10) on able−bodied notify the department of health services within 14 work- adults without dependents, the employment and training ing days after the date of the submittal under this para- program requirement for able−bodied adults under s.
graph that the committee has scheduled a meeting for the 49.79 (9) (a) 1g., and the substance abuse screening, test- purpose of reviewing the proposed waiver, the depart- ing, and treatment requirements under s.
49.791 to the ment may waive the requirement.
If, within 14 working days after the date of the submittal under this paragraph maximum extent allowed under federal law.
The depart- ment of health services shall immediately withdraw any by the department of health services, the cochairpersons waiver or suspension of the time limits on eligibility for of the committee notify the department that the commit- food stamps under s.
49.79 (10) (a) 2.
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for not fulfilling the tee has scheduled a meeting for the purpose of reviewing work requirement if such withdrawal of a waiver or sus- the proposed waiver, the department may waive the pension is necessary to comply with this paragraph.
requirement only upon approval by the committee.
* Section 991.11ISCONSINSTATUTE:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-15-2022

  4. Presented to the Governor on 4-13-2022

  5. Report correctly enrolled on 2-28-2022

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Concurred in, Ayes 21, Noes 12

  9. Refused to refer to committee on Economic and Workforce Development, Ayes 12, Noes 21

  10. Read a third time

  11. Rules suspended

  12. Ordered to a third reading

  13. Read a second time

  14. Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  15. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 5, Noes 0

  16. Available for scheduling

  17. Read first time and referred to committee on Senate Organization

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Read a third time and passed, Ayes 58, Noes 34, Paired 4

  21. Rules suspended

  22. Ordered to a third reading

  23. Read a second time

  24. Placed on calendar 2-17-2022 by Committee on Rules

  25. Referred to committee on Rules

  26. Report passage recommended by Committee on Public Benefit Reform, Ayes 5, Noes 2

  27. Executive action taken

  28. Public hearing held

  29. Representative Murphy added as a coauthor

  30. Read first time and referred to Committee on Public Benefit Reform

  31. Introduced by Representatives Born, Armstrong, August, Brandtjen, Cabral-Guevara, Callahan, Dittrich, Duchow, Edming, James, Katsma, Kitchens, Knodl, Krug, Kuglitsch, Kurtz, Loudenbeck, Macco, Magnafici, Moses, Penterman, Petersen, Petryk, Plumer, Rozar, Schraa, Skowronski, Snyder, Sortwell, Steffen, Tittl, Tusler, Vorpagel, Wichgers and Zimmerman; cosponsored by Senators Testin, Bernier, Felzkowski, Feyen, Marklein, Nass and Stroebel

Sponsors

Sponsorship breakdown

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35 sponsors · 0 co-sponsors · 97 not signed on · 26 voted No

Sponsors (35)

Co-sponsors (0)

None.

Not signed on (97)

97 members have not signed on to this bill.

Show all 97 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 21 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Republican 13000
Democrat 0800
Total 211200
% of votes cast 64%36%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
PETROWSKI — Yea
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
DARLING — Yea
AGARD — Nay
BEWLEY — Nay
ERPENBACH — Nay
RINGHAND — Nay
Carpenter, Tim Democrat Nay
Johnson, LaTonya Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

PASSAGE

Passed 58 Yea · 34 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 35100
Democrat 01700
Unaffiliated 231600
Total 583400
% of votes cast 63%37%0%0%
How each member voted (92)
Member Party Vote
BALDEH — Nay
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRAL-GUEVA — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROZAR — Yea
SANFELIPPO — Yea
SCHRAA — Yea
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

public-safety labor agriculture
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Frequently asked questions

Who sponsors AB 935?
AB 935 is sponsored by Zimmerman, Shannon (Republican), Wichgers, Chuck (Republican), Vorpagel, Tusler, Ron (Republican), Tittl, Paul (Republican), Steffen, David (Republican), Sortwell, Shae (Republican), Snyder, Patrick (Republican), Skowronski, Schraa, Rozar, Plumer, Petryk, Petersen, Kevin (Republican), Penterman, William (Republican), Moses, Clint (Republican), Magnafici, Macco, Loudenbeck, Kurtz, Tony (Republican), Kuglitsch, Krug, Scott (Republican), Knodl, Daniel (Republican), Kitchens, Joel (Republican), Katsma, James, Jesse (Republican), Edming, Duchow, Cindi (Republican), Dittrich, Barbara (Republican), Callahan, Calvin (Republican), Cabral-Guevara, Rachael (Republican), Brandtjen, August, Tyler (Republican), Armstrong, David (Republican), and Born, Mark (Republican).
What is the current status of AB 935?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 935?
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