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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1013
January 25, 2024 - Introduced by Representatives JOERS, HURD, VINING, BEHNKE,
PENTERMAN, RATCLIFF, ROZAR, SCHMIDT, C. ANDERSON, J. ANDERSON, ANDRACA,
BALDEH, BARE, CLANCY, CONLEY, CONSIDINE, DONOVAN, DRAKE, EDMING,
EMERSON, S. JOHNSON, MADISON, MELOTIK, MOORE OMOKUNDE, MURSAU, NOVAK,
O'CONNOR, OHNSTAD, PALMERI, SCHUTT, SHANKLAND, SHELTON, SINICKI,
SNODGRASS, STUBBS, SUBECK, KRUG, NEUBAUER, BRANDTJEN and JACOBSON,
cosponsored by Senators BALLWEG, CARPENTER, PFAFF, QUINN, ROYS, SPREITZER
and LARSON. Referred to Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 20.435 (4) (bt); and to create 49.79 (7w) of the statutes;
relating to: healthy food incentive program.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services, through a competitive
selection process, to contract with one or more nonprofit organizations to administer
a healthy food incentive program statewide. Under the program, FoodShare
recipients who use FoodShare benefits for purchases at an eligible retailer would
receive an amount up to the amount of benefits used at the eligible retailer for the
purpose of purchasing fruits and vegetables from the eligible retailer. FoodShare,
also known as the food stamp program and the federal Supplemental Nutrition
Assistance Program, provides a monetary benefit to individuals who have limited
financial resources for the purpose of purchasing food products. DHS administers
the FoodShare program.
Under the bill, eligible retailers include supermarkets, grocery stores, farmers'
markets, nonprofit cooperatives, and farmers who sell directly to consumers among
other types of food sellers. The retailers must be authorized retailers in the
FoodShare program participating in the healthy food incentive program. The bill
requires a nonprofit organization to prioritize including in the healthy food incentive
program eligible retailers that source fruits and vegetables primarily from
Wisconsin growers. The bill allows DHS to limit the amount of benefits per day that
a recipient is allowed to match through the healthy food incentive program.
The bill limits the percent of funding that is available for the healthy food
incentive program that DHS may allocate to program development, promotion of and
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ASSEMBLY BILL 1013
outreach for the program, training, data collection, evaluation, administration, and
reporting for the healthy food incentive program. DHS must allocate the rest of the
funding to participating eligible retailers. The bill also requires DHS to seek any
available federal matching moneys from the Gus Schumacher Nutrition Incentive
Program, which is a federal grant program administered by the National Institute
of Food and Agriculture of the U.S. Department of Agriculture, to fund the healthy
food incentive program. The bill redirects general purpose revenue funding that had
been appropriated to a healthy eating incentive pilot program to the healthy food
incentive program.
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. 20.435 (4) (bt) of the statutes is amended to read:
20.435 (4) (bt) Healthy eating incentive pilot food incentive program. As a
continuing appropriation, the amounts in the schedule to contract with an entity to
develop and administer the healthy eating incentive food incentive program under
s. 49.79 (7r). No moneys may be expended under this paragraph after December 31,
2019, except for moneys encumbered on or before that date. (7w). The unencumbered
balance in this appropriation account as of June 30, 2023, may be used for the healthy
food incentive program under s. 49.79 (7w), including as the matching state portion
of any amounts received through the Gus Schumacher Nutrition Incentive Program.
SECTION 2. 49.79 (7w) of the statutes is created to read:
49.79 (7w) HEALTHY FOOD INCENTIVE PROGRAM. (a) In this subsection:
1. “Eligible retailer” includes any supermarket, grocery store, wholesaler,
small-scale store, corner store, convenience store, neighborhood store, bodega,
farmers' market, direct-marketing farmer, nonprofit cooperative food-purchasing
venture, or community-supported agriculture program authorized to participate in
the food stamp program.
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2. “Fruits and vegetables” means any variety of fresh, canned, dried, or frozen
whole or cut fruit or vegetable that does not contain added sugar, fat, oil, or salt.
(b) The department shall, through a competitive selection process, contract
with one or more nonprofit organizations to administer a healthy food incentive
program statewide. The healthy food incentive program shall provide to any food
stamp program recipient that uses benefits at an eligible retailer participating in the
healthy food incentive program under this subsection a monetary amount up to the
amount of food stamp program benefits used at the eligible retailer for the purpose
of purchasing fruits and vegetables from the eligible retailer. In administering the
program, a nonprofit organization shall prioritize including in the healthy food
incentive program eligible retailers that source fruits and vegetables primarily from
growers in this state. The department may establish a maximum amount of benefits
that may be matched per day for a food stamp program recipient.
(c) The department may allocate no more than 25 percent of the funding
available for the healthy food incentive program under this subsection to program
development, promotion of and outreach for the program, training, data collection,
evaluation, administration, and reporting and shall allocate the remainder of the
funding available to the eligible retailers participating in the healthy food incentive
program under this subsection. The department shall seek any available federal
matching moneys from the Gus Schumacher Nutrition Incentive Program to fund
the healthy food incentive program under this subsection.
(d) Beginning no later than one year after the effective date of this paragraph
.... [LRB inserts date], and annually thereafter, the department shall submit to the
chief clerk of each house of the legislature, for distribution to the appropriate
standing committees of the legislature under s. 13.172 (3), a report regarding
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SECTION 2 ASSEMBLY BILL 1013
implementation of the program under this subsection, including data collected
relating to funding and participation and any other information necessary to
evaluate the program.
(END)
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