LRB-4710/2
PK/TK/MS/PG/GM:cjs:md
2009 - 2010 LEGISLATURE
April 22, 2010 - Introduced by Senator Grothman, cosponsored by Representative
LeMahieu. Referred to Committee on Children and Families and Workforce
Development.
SB708,2,10 1An Act to repeal 49.148 (4), 49.79 (1) (a), 49.79 (5) and 119.23 (2) (a) 1.; to amend
216.27 (5) (intro.), 39.435 (4) (a), 39.44 (3) (a), 49.155 (5), 49.155 (6g) (a) 2., 49.155
3(6g) (a) 3., 49.795 (8) (a) (intro.), 49.795 (8) (b) (intro.), 49.795 (8) (c), 71.05 (23)
4(b) 2., 234.03 (intro.), 234.04 (1), 234.04 (2), 234.04 (3), 234.06 (1), 234.06 (3),
5234.49 (2) (a) (intro.), 234.59 (2) (intro.), 234.592 (2) (intro.), 560.9803 (1) (a) and
6560.9806 (2) (a); and to create 16.27 (5m), 36.11 (56), 39.435 (4) (b), 49.155 (6g)
7(a) 5., 49.471 (11c), 49.79 (7m), 49.79 (10), 49.795 (6m), 49.795 (8) (g), 49.842,
866.1204, 71.07 (9e) (h), 234.038, 560.9803 (2m), 560.9805 (2) (d) and 560.9806
9(2) (c) of the statutes; relating to: authorized foods under the food stamp
10program; a deductible and coinsurance under BadgerCare Plus; a minimum
11copayment and maximum child care hours under Wisconsin Shares; drug
12testing for eligibility for public assistance; eliminating income eligibility
13requirements for enrollment in a private school participating in the Milwaukee
14Parental Choice Program; changing eligibility requirements for persons or

1families of low and moderate income to receive, directly or indirectly, certain
2housing, housing assistance, grants, loans, or benefits from the Wisconsin
3Housing and Economic Development Authority, the Department of Commerce,
4and local housing authorities; consideration of the income and assets of a
5person for purposes of receiving low-income energy assistance; consideration
6of the income and assets of both parents of a student under 22 years of age for
7purposes of awarding a grant or scholarship to such a student; prohibiting new
8claims under the earned income tax credit; increasing the individual income tax
9personal exemption for dependents; granting rule-making authority; and
10providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes with respect to benefits for which
low-income state residents are eligible.
BadgerCare Plus
BadgerCare Plus (BC+) is a Medical Assistance (MA) program, administered
by DHS, that provides health care benefits under two different plans, depending on
the basis for a recipient's eligibility, to recipients who satisfy financial and
nonfinancial eligibility criteria. The first plan provides the same benefits that are
provided, and requires the same cost sharing that is required, under regular MA.
The second plan, called the Benchmark Plan, provides specified benefits with
specified cost sharing requirements. The bill requires recipients under both plans
to pay an annual deductible of $500 and coinsurance of five percent of costs exceeding
the deductible. DHS must request a waiver from the secretary of the federal
Department of Health and Human Services if DHS determines that it needs a waiver
to implement the new cost sharing.
Food stamp program
Under current law, DHS administers the federal food stamp program, now
known as the Supplemental Nutrition Assistance Program (SNAP), which assists
eligible low-income individuals to purchase food. The bill requires DHS to
promulgate rules that specify the foods that an individual may purchase under the
program. DHS is prohibited from allowing soft drinks and snack foods, such as
potato chips, to be purchased under the program and must require individuals to
purchase a lower-priced brand of a food item that is available in both lower-priced
and higher-priced brands. In addition, the bill makes it a Class A misdemeanor
(punishable by a fine of up to $10,000 or imprisonment for up to nine months, or both)

for a person to spend the night in the house of a member of a household that is eligible
for food stamps if the person's income is not considered in determining the eligibility
of the household for food stamps. These changes will not be implemented, however,
if DHS determines that a waiver is needed, unless federal law allows a waiver to be
requested and a waiver is granted.
Wisconsin Shares
The Wisconsin Works (W-2) program under current law, which is administered
by the Department of Children and Families (DCF), provides work experience and
benefits for low-income custodial parents who are at least 18 years old, as well as a
child care subsidy program, known as Wisconsin Shares, under which 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, and who satisfies other eligibility criteria may receive a child care subsidy
for child care services that the individual needs to participate in various educational
or work activities. Current law provides that no more than 12, or in some cases up
to 16, hours of subsidized child care may be authorized per child per day. The bill
imposes a limit on the amount of child care for which a subsidy may be provided of
40 hours per week per child. Also under current law, a child care subsidy recipient
must pay a copayment for child care that is a percentage of the cost specified by DCF
in a copayment schedule. The bill sets a minimum copayment of $2 per hour per
child.
Drug testing for public assistance
Under current law, as a condition of eligibility for a W-2 employment position,
an individual must state in writing whether he or she has been convicted in any state
or federal court of a felony that has as an element possession, use, or distribution of
a controlled substance. Also under current law, if an individual in a W-2 community
service job or transitional placement was convicted after a specified date in any state
or federal court of a felony that has as an element possession, use, or distribution of
a controlled substance, the individual must submit to a test for use of a controlled
substance. If the test results are positive, the individual's benefit is reduced for at
least 12 months, and the W-2 agency may require the individual to participate in a
drug abuse evaluation, assessment, and treatment program.
Also under current law, an applicant for or recipient under the food stamp
program must state in writing whether he or she or any member of his or her
household has been convicted in any state or federal court of a felony that has as an
element possession, use, or distribution of a controlled substance. If an applicant or
recipient or household member was convicted after a specified date in any state or
federal court of a felony that has as an element possession, use, or distribution of a
controlled substance, the applicant, recipient, or household member must submit to
a test for use of a controlled substance for continued eligibility. If the test results are
positive, DHS may not consider that individual's needs in determining the
household's eligibility for food stamps for at least 12 months but must consider that
individual's income and resources to be available to the household.
This bill eliminates those controlled substance conviction and testing
requirements and replaces them with a requirement that applies to all assistance
programs, which are defined in the bill as programs under the public assistance

chapter of the statutes under which DCF or DHS provides services, benefits, or other
assistance. Under the bill, to the extent permitted under federal law if there are any
conflicting provisions, as a condition of eligibility or continued eligibility for any
assistance program an individual must submit to a test for the use of a controlled
substance. If the test results are positive, the individual is permanently ineligible
for any assistance program.
Besides W-2 and the food stamp program, assistance programs include Medical
Assistance, including BadgerCare Plus, which provides health care services to
disabled, blind, or elderly low-income persons and certain low-income children and
families; the program that provides prescription drug assistance for elderly persons
(commonly known as SeniorCare); the program that provides eligible persons with
assistance in establishing the paternity of a child, establishing or modifying child
support obligations, enforcing child support or maintenance (alimony) obligations,
and locating persons who owe child support or children taken by parents in violation
of court orders; the programs that provide state supplemental payments to persons
receiving federal supplemental security income; the program that pays funeral,
burial, and cemetery expenses for persons whose estates are insufficient to pay those
expenses; and the disease aids program that provides assistance in paying the costs
of medical treatment for eligible persons with cystic fibrosis, hemophilia, or chronic
renal (kidney) disease.
Milwaukee Parental Choice Program pupil eligibility
Under the Milwaukee Parental Choice Program (MPCP), a pupil who resides
in the city of Milwaukee and who is a member of a family that has a total family
income that does not exceed 1.75 times the poverty level may attend a private school
at state expense under certain conditions. This bill eliminates as a condition for
participating in the MPCP the requirement that a pupil be a member of a family with
limited family income.
Low-income energy assistance
Under current law, the Department of Administration administers a program
that provides low-income energy assistance to eligible households, including
households with incomes of less than 60 percent of the statewide median household
income and households composed entirely of individuals receiving Aid to Families
with Dependent Children or Supplemental Security Income. This bill makes
ineligible for low-income energy assistance a household with assets that exceed
$2,000 in cash equity value or a vehicle having an equity value of $10,000 or greater.
Wisconsin Housing and Economic Development Authority low-income
housing assistance
Under current law, the Wisconsin Housing and Economic Development
Authority (WHEDA) administers several programs that provide assistance to
persons and families of low and moderate income to obtain housing. Eligibility for
the programs is established in both the Wisconsin statutes and under federal law,
including the Housing Choice Voucher Program administered by the Federal
Department of Housing and Urban Development (HUD). Funding for these
programs is provided from a number of sources, including bonds issued by WHEDA
under its statutory authority and from the federal government.

This bill requires WHEDA to impose the following limits on eligibility for
families and persons of low and moderate income seeking housing assistance directly
or indirectly through WHEDA:
1. No person may receive housing assistance from HUD through WHEDA
unless the person is disabled or aged 62 or older. The bill defines "disabled" to mean
blind as established under federal law or disabled as established under federal law.
2. Persons or families of low and moderate income who receive housing or
housing assistance directly or indirectly from WHEDA shall be subject to the
following limitations:
a. A person or family of low or moderate income must be restricted to housing
in which the square footage is less than 50 percent of the average square footage for
a rental unit of average rental value in the county in which the person or family
resides. In order to satisfy this requirement, WHEDA may require that more than
two unrelated persons or families of low or moderate income be housed in one
housing unit.
b. With two exceptions, persons or families of low and moderate income with
assets that exceed $2,000 in cash equity value or a vehicle having an equity value of
$10,000 or greater may not receive housing or housing assistance from WHEDA.
This prohibition does not apply to a person who is disabled or aged 62 or older.
c. No adult may spend the night in the home of any person or family of low and
moderate income who receives housing or housing assistance directly or indirectly
from WHEDA if the income of that adult was not considered in determining the
eligibility of the persons and families to receive housing or housing assistance. The
bill defines "adult" as a person who is 18 years of age or older, except that for purposes
of investigating or prosecuting a person who is alleged to have violated any state or
federal criminal law or any civil law or municipal ordinance, "adult" means a person
who has attained 17 years of age. Any person who violates this prohibition is guilty
of a Class A misdemeanor.
If WHEDA determines that it may not implement the limitations and
prohibitions established under the bill without a waiver of federal law from HUD and
that a waiver of federal law is available, WHEDA must apply for and obtain a waiver
from HUD before it may implement the limitations and prohibitions.
Department of Commerce low-income housing assistance
Under current law, the Department of Commerce (Commerce) may make
grants or loans, directly or through agents designated by the department, to persons
or families of low or moderate income to defray housing costs, including utility costs,
and may make grants to community-based organizations, organizations operated
for profit, or housing authorities to improve the ability of these entities to provide
housing opportunities for persons or families of low or moderate income.
This bill requires Commerce to impose limits on eligibility and housing for
families and persons of low and moderate income seeking housing assistance directly
or indirectly through Commerce. Under the requirement, persons or families of low
and moderate income who receive housing or assistance with housing costs,
assistance with utility-related costs, grants, or loans from any project or program

administered by Commerce as described above must be subject to the following
limitations:
1. A person or family of low or moderate income must be restricted to housing
in which the square footage is less than 50 percent of the average square footage for
a rental unit of average rental value in the county in which the person or family
resides. In order to satisfy this requirement, Commerce may require more than two
unrelated persons or families of low or moderate income in one housing unit.
2. With two exceptions, persons or families of low and moderate income with
assets that exceed $2,000 in cash equity value or a vehicle having an equity value of
$10,000 or greater may not receive housing or assistance with housing costs or
utility-related costs, from Commerce. This prohibition does not apply to a person
who is disabled or aged 62 or older.
3. No adult may spend the night in the home of any person or family of low or
moderate income who receives housing or assistance with housing costs or
utility-related costs or who benefits from a housing assistance grant or loan made
by Commerce if the income of that adult was not considered in determining the
eligibility of the person or family to receive housing, assistance, or benefits. Any
person who violates this prohibition is guilty of a Class A misdemeanor.
If Commerce determines that it may not implement the limitations and
prohibitions established under the bill without a waiver of federal law from HUD and
that a waiver of federal law is available, Commerce must apply for and obtain a
waiver from HUD before it may implement the limitations and prohibitions.
Higher education grants and scholarships
Under current law, the Higher Educational Aids Board (HEAB) awards certain
grants based on financial need. Those grants include Wisconsin higher education
grants for students enrolled in public institutions of higher education or tribal
colleges in this state, tuition grants for students enrolled in private institutions of
higher education in this state, and minority undergraduate grants for minority
students enrolled in private institutions of higher education or technical colleges in
this state.
Currently, those grants are awarded based on a formula that accounts for
expected parental and student contributions and that is consistent with nationally
approved needs analysis methodology. Under current federal law setting forth that
needs analysis methodology, parental income and assets for a dependent student
whose parents are divorced or separated is determined by including only the income
and assets of the parent with whom the student resided for the greater portion of the
12-month period preceding the date of the application or, if that criterion does not
apply, only the income and assets of the parent who provided the greater support
during that 12-month period.
This bill requires HEAB, in determining the expected parental contribution for
a student under 22 years of age who is a dependent of his or her parents, to include
in the parental income and assets that are available for that contribution the income
and assets of both of the student's parents. The bill also prohibits the Board of
Regents of the University of Wisconsin System from awarding a scholarship that is
based on financial need to a student under 22 years of age who is a dependent of his

or her parents unless the calculation of the student's financial need includes
consideration of the income and assets of both of the student's parents.
Local housing authorities
Under current law, any city, village, town, or county may create a housing
authority, which may acquire, lease, and operate housing projects for persons of low
income. A housing authority may accept grants from the federal government for any
housing project that the authority undertakes.
This bill requires a local housing authority to impose limits on eligibility for
persons of low income that are similar to the limits on eligibility that WHEDA and
the Department of Commerce are required to impose under the bill.
Taxation
Under federal law, the earned income tax credit (EITC) is a refundable tax
credit for low-income workers. If the amount of the claim exceeds the worker's tax
liability, the claimant receives a check for the excess amount from the Internal
Revenue Service. The amount of the credit for which a claimant is eligible is based,
in part, on whether the claimant has no qualifying children, one qualifying child, or
more than one qualifying child.
Under current law, the refundable Wisconsin EITC may be claimed in an
amount equal to a certain percentage of the federal basic EITC. To be eligible for the
Wisconsin EITC, an individual must have one or more qualifying children. The
Wisconsin EITC is equal to 4 percent of the federal credit if the claimant has one
qualifying child, 14 percent of the federal credit if the claimant has two qualifying
children, and 43 percent of the federal credit if the claimant has three or more
qualifying children.
Under this bill, no new claims under the Wisconsin EITC may be filed for a
taxable year that begins after December 31, 2010.
Under current law, an individual income tax personal exemption exists in the
amount of $700 for each taxpayer who is required to file an income tax return and
$700 for the taxpayer's spouse, except if the spouse is filing separately or as a head
of household. A taxpayer may also claim a $700 exemption for each dependent for
whom he or she is entitled to claim an exemption under the Internal Revenue Code.
In general, an additional exemption of $250 may be claimed by a taxpayer, and
spouse, who has reached the age of 65 before the close of the taxable year to which
his or her tax return relates.
Loading...
Loading...