Wisconsin January 2018 Special Session Status: Passed Assembly

AB 3 — Relating to: asset restrictions on eligibility for FoodShare, Wisconsin Works, and Wisconsin Shares. (FE)

Last action — Report correctly enrolled on 3-1-2018

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

This bill died with January 2018 Special Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

97 added · 81 removed

Plain-language change summary

The updated version of Bill AB 3 introduces a requirement for the Department of Health Services (DHS) and the Department of Children and Families (DCF) to regularly check their benefit databases against nationwide death records. This means that if they find out a participant in public benefits is deceased, they must update their records to reflect that the individual is no longer eligible for benefits. This change matters because it aims to ensure that public funds are not being used inappropriately for deceased individuals, helping to maintain the integrity of welfare programs. However, it's important to note that this requirement does not apply to the Wisconsin Shares program managed by DCF.

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- 2018 LEGISLATURE LRB-5222/1 January 2018 Special Session TJD&EAW:emw/amn/ahe ASSEMBLY BILL 3 January 26, 2018 - Introduced by C OMMITTEE ON A SSEMBLY O RGANIZATION, Representatives VOS, F ELZKOWSKI, THIESFELDT, SANFELIPPO , T USLER, P ETERSEN, DUCHOW , PETRYK, KUGLITSCH, TITTL, NODL , BRANDTJEN , MURPHY, S PIRO, W ICHGERS, BERNIER, KLEEFISCH, ROHRKASTE , ATSMA , BORN, KREMER and S WEARINGEN , cosponsored by Senators K APENGA , CRAIG, D ARLING, L EM AHIEU, M ARKLEIN, STROEBEL, V UKMIR and W ANGGAARD , by request of Governor Scott Walker.
- 2018 LEGISLATURE LRB-5543/1 TJD&EAW:all January 2018 Special Session ENGROSSED ASSEMBLY BILL 3 February 16, 2018 - Printed by direction ofENATE C HIEFC LERK.
Referred to Committee on Public Benefit Reform.
and to create 49.145 (3) (c), 49.155 (1m) (cr), 49.155 (2m) and 49.79 (1p) of the statutes;
and to create 49.145 (3) (c), 49.155 (1m) (cr), 49.155 (2m), 49.79 (1p) and 49.823 of the statutes;
Analysis by the Legislative Reference Bureau This bill changes the financial eligibility requirements for Wisconsin Works (W-2), Wisconsin Shares, and FoodShare.
Analysis by the Legislative Reference Bureau Engrossment information:
The text of Engrossed January 2018 Special Session Assembly Bill 3 consists of the following documents adopted in the assembly on February 15, 2018:
the bill as affected by Assembly Amendment 1.
Content of Engrossed January 2018 Special Session Assembly Bill 3:
This bill changes the financial eligibility requirements for Wisconsin Works (W-2), Wisconsin Shares, and FoodShare.
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.
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 - 2018 Legislature - 2 - LRB-5543/1 Jan.
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 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 - 2018 Legislature - 2 - LRB-5222/1 Jan.
TJD&EAW:emw/amn/ahe ASSEMBLY BILL 3 or she meets certain eligibility criteria, including that the individual's family may not have more than $25,000 in liquid assets.
TJD&EAW:all ENGROSSED ASSEMBLY BILL 3 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 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.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The bill requires DHS and DCF to perform a comparison, at least once every three months, of each department's respective public benefit database against nationally recognized death record databases.
If DHS or DCF determines that a public benefits participant is deceased, DHS or DCF must designate the individual LRB-5543/1 - 2018 Legislature - 3 - TJD&EAW:all Jan.
2018 Spec.
Sess.
ENGROSSED ASSEMBLY BILL 3 as ineligible on its database.
These requirements do not apply to DCF with respect to the Wisconsin Shares program.
(c), in determining the combined equity value of LRB-5222/1 - 2018 Legislature - 3 - TJD&EAW:emw/amn/ahe Jan.
(c), in determining the combined equity value of assets, the Wisconsin worksWorks agency shall exclude the equity value of vehicles up to a total equity value of $10,000, and one home, valued at no more than 200 percent of the statewide median value for homes, that serves as the homestead for the Wisconsin works Works group.
2018 Spec.
Sess.
SECTION 1 ASSEMBLY BILL 3 assets, the Wisconsin worksrks agency shall exclude the equity value of vehicles up to a total equity value of $10,000, and one home, valued at no more than 200 percent of the statewide median value for homes, that serves as the homestead for the Wisconsin works Works group.
1.
- 2018 Legislature - 4 - LRB-5543/1 Jan.
2018 Spec.
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TJD&EAW:all ENGROSSED ASSEMBLY BILL 3 S ECTION 3 1.
SECTION 4.
S ECTION 4.
- 2018 Legislature - 4 - LRB-5222/1 Jan.
49.155(2m) H ARDSHIP EXEMPTION.The department may promulgate a rule that establishes a hardship exemption for the asset restrictions under sub.
2018 Spec.
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TJD&EAW:emw/amn/ahe ASSEMBLY BILL 3 SECTION 4 49.155(2m) H ARDSHIP EXEMPTION.
The department may promulgate a rule that establishes a hardship exemption for the asset restrictions under sub.
SECTION 5.
S ECTION 5.
3.
LRB-5543/1 - 2018 Legislature - 5 - TJD&EAW:all Jan.
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SECTION 5 ENGROSSED ASSEMBLY BILL 3 3.
SECTION 6.Initial applicability.
SECTION 5j.
(1) WISCONSINSHARES ELIGIBILITY REQUIREMENTS.The creation of section 49.155 (1m) (cr) of the statutes first applies to a Wisconsin Shares participant who applies for the program on the effective date of this subsection.
49.823 of the statutes is created to read:
LRB-5222/1 - 2018 Legislature - 5 - TJD&EAW:emw/amn/ahe Jan.
49.823 Public benefit database review.
2018 Spec.
The department of health services and the department of children and families shall, at least once every 3 months, perform a comparison of each department's respective public benefit database information against nationally recognized databases that contain information on death records, including the federal social security administration's Death Master File, to identify participants in public benefit programs that are deceased.
Sess.
If a department determines during a review under this section that a participant is deceased, the department shall designate that individual as ineligible for benefits in any applicable database.
ASSEMBLY BILL 3 S ECTION 7 SECTION 7.Effective date.
The requirements under this section do not apply to the department of children and families with regard to child care subsidies under s.
(1) RESTRICTIONS ON ASSETS.
49.155.
This act takes effect on January 1, 2019.
SECTION 60Initial applicability.
(1) WISCONSIN SHARES ELIGIBILITY REQUIREMENTS.The creation of section 49.155 (1m) (cr) of the statutes first applies to a Wisconsin Shares participant who applies for the program on the effective date of this subsection.
SECTION 7.Effective date.
(1) RESTRICTIONS ON ASSETS.This act takes effect on January 1, 2019.
View plain text versions (3)

Action History

  1. Report correctly enrolled on 3-1-2018

  2. Received from Senate concurred in

  3. Ordered immediately messaged

  4. Read a third time and concurred in, Ayes 18, Noes 14

  5. Rules suspended

  6. Ordered to a third reading

  7. Senate Amendment 2 rejected, Ayes 18, Noes 14

  8. Senate Amendment 1 rejected, Ayes 18, Noes 14

  9. Read a second time

  10. Senate Amendment 2 offered by Senators Vinehout, Johnson, Schachtner, Larson, L. Taylor, Hansen, Wirch, Bewley, Shilling, Miller, Ringhand, Risser, Erpenbach and Carpenter

  11. Senate Amendment 1 offered by Senators Vinehout, Johnson, L. Taylor, Schachtner, Larson, Hansen, Bewley, Shilling, Miller, Ringhand, Risser, Erpenbach and Carpenter

  12. Printed engrossed by the direction of the Senate Chief Clerk-5543

  13. Placed on calendar 2-20-2018 pursuant to Senate Rule 18(1)

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

  15. Available for scheduling

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

  17. Received from Assembly

  18. Ordered immediately messaged

  19. Read a third time and passed, Ayes 62, Noes 35

  20. Rules suspended

  21. Ordered to a third reading

  22. Assembly Amendment 1 adopted

  23. Assembly Amendment 1 offered by Representative Summerfield

  24. Read a second time

  25. Referred to calendar of 2-15-2018 pursuant to Assembly Rule 93

  26. Report passage recommended by Committee on Public Benefit Reform, Ayes 5, Noes 3

  27. Representative Edming added as a coauthor

  28. Executive action taken

  29. Representative Kulp added as a coauthor

  30. Public hearing held

  31. Fiscal estimate received

  32. Fiscal estimate received

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

  34. 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

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 132 not signed on · 12 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (132)

132 members have not signed on to this bill.

Show all 132 →

"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 18 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 101000
Republican 7000
Democrat 1400
Total 181400
% of votes cast 56%44%0%0%
How each member voted (32)
Member Party Vote
COWLES — Yea
ROTH — Yea
CRAIG — Yea
STROEBEL — Yea
DARLING — Yea
MOULTON — Yea
TIFFANY — Yea
OLSEN — Yea
VUKMIR — Yea
PETROWSKI — Yea
BEWLEY — Nay
SHILLING — Nay
MILLER — Nay
ERPENBACH — Nay
RINGHAND — Nay
VINEHOUT — Nay
HANSEN — Nay
RISSER — Nay
JOHNSON — Nay
SCHACHTNER — Nay
Carpenter, Tim Democrat Nay
Fitzgerald, Joan Democrat Yea
Larson, Chris Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Feyen, Dan Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea

Official roll call →

PASSAGE

Passed 62 Yea · 35 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 34000
Democrat 0900
Unaffiliated 282600
Total 623500
% of votes cast 64%36%0%0%
How each member voted (97)
Member Party Vote
BALLWEG — Yea
BARCA — Nay
BERCEAU — Nay
BERNIER — Yea
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CONSIDINE — Nay
CROWLEY — Nay
EDMING — Yea
FIELDS — Nay
GENRICH — Nay
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
HORLACHER — Yea
JARCHOW — Yea
KATSMA — Yea
KERKMAN — Yea
KESSLER — Nay
KLEEFISCH — Yea
KOLSTE — Nay
KOOYENGA — Yea
KUGLITSCH — Yea
KULP — Yea
LOUDENBECK — Yea
MACCO — Yea
MEYERS — Nay
MILROY — Nay
NERISON — Yea
NYGREN — Yea
OHNSTAD — Nay
OTT — Yea
PETRYK — Yea
POPE — Nay
RIEMER — Nay
ROHRKASTE — Yea
SANFELIPPO — Yea
SARGENT — Nay
SCHRAA — Yea
SHANKLAND — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
STUCK — Nay
TAUCHEN — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
WACHS — Nay
WEATHERSTON — Yea
YOUNG — Nay
ZAMARRIPA — Nay
ZEPNICK — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Hesselbein, Dianne Democrat Nay
Neubauer, Greta Democrat Nay
Sinicki, Christine Democrat Nay
Spreitzer, Mark Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Allen, Scott Republican Yea
August, Tyler Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Brooks, Robert Republican Yea
Duchow, Cindi Republican Yea
Felzkowski, Mary Republican Yea
Gundrum, Rick Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott 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
Quinn, Romaine Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Spiros, John Republican Yea
Stafsholt, Rob Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What is the current status of AB 3?
This bill died with January 2018 Special Session. It reached “Passed Assembly” 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.
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