Malofsky, Shelley F - DHS

F rom: Tessmann, Shawn M- DHS

Sent: Friday, June 12, 2015 8:54AM
To: 'MacMartin, Sandra - FNS'
Cc: Holzer, Susan- FNS; Cundari, Melissa- FNS; Tessmann, Shawn M·- DHS
Subject: RE: WI Drug Tes t ing Legisla ti on

Hi Sandra-

I'm going to refer this to my legal team. I am not aware that we have seen the actual draft language yet either which
would lend some clarity to this. I'll pass along anything I can. Thanks for your patience.

From: MacMartin, Sandra- FNS [mailto:Sandra.MacMartin@fns.usda.qov]

Sent: Friday, June 12, 2015 8:18AM
To: Tessmann , Shawn M - DHS
Cc: Holzer, Susan - FNS; Cundari, Melissa - FNS
Subject: re: WI Drug Testing Legislation

Good morning, Shawn- I hope all is well with you.

We wanted to follow up with you on this topic. As indicated below, we had heard reports that the bill to drug
test certain SNAP E&T participants was amended so that the State will no longer need to seek a
waiver. However, we haven't seen the actual amended bill language, but based on the summary of the
motion to modify the bill (attached), it looks like what they've done is included language that would define all
SNAP recipients as "welfare recipients" for the purposes of PRWORA, and as a result they would have the
authority to drug test them under Sec. 902 of PRWORA (see item number 3, paper #370, in the attached).

Since we aren't able to find the actual amended bill language anywhere, we were wondering if you might be
able to provide that or confirm that the budget bill was truly amended to do this. . ·

Thanks so much in advance for any information to can share!

�sandra

From: "Smith, Shawn- DHS" <Shawn.Smith@dhs.wisconsin.gov>

Date: May 27, 2015 at 4:56:25 PM EDT
To: "'Holzer, Susan - FNS"' <SUSAN.HOLZER@fns.usda.gov>
Cc: "MacMartin, Sandra- FNS" <Sandra.MacMartin@fns.usda.gov>, "Cundari, Melissa- FNS"
<MELISSA.CUNDARI@fns.usda.gov>
Subject: RE: WI Drug Testing legislation

Thank you Susan . I will pass along this message to my leadership. Thanks for reaching out.

-Shawn

From: Holzer, Susan- FNS [mailto:SUSAN.HOLZER@fns.usda.gov]

Sent: Wednesday, May 27, 2015 3:45PM
Attachment 2
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Case 2:15-cv-00855-CNC Filed 07/14/15 Page 1 of 2 Document 1-2
To: Smith, Shawn - DHS
Cc: MacMartin, Sandra - FNS; Cundari, Melissa - FNS
Subject: WI Drug Testing Legislation

Hi Shawn. While I know that you understand the regulations and policies goveming drug
testing, I want to be sure that we weigh in on the latest information that we have heard regarding
the waiver approval request.

FNS is aware that an executive budget bill was passed out of the Wisconsin State Legislature
Joint Finance Committee on May 20, 2015 that would require that certain individuals
participating in Wisconsin's SNAP Employment and Training (E&T) program be tested for the
illegal use of controlled substances as a condition of receipt of services. Our understanding of
the bill is that it would not impose blanket testing on all participants, but instead proposes to use
a questionnaire to establish a reasonable suspicion of previous drug use. Those participants who
didn't pass the screening would subsequently be tested. Participants could continue to receive
benefits so long as they stay in treatment.

As originally proposed by Govemor Walker, and passed by the Wisconsin State Assembly last
week, the legislation would have required Wisconsin to apply for a waiver from USDA to test
SNAP E&T participants for illegal drug use (this language is also reflected in the underlying
budget bill). However, there are reports that the bill that was reported out of connnittee was
amended so that the State will no longer ask USDA for a waiver, but instead will simply begin
drug testing SNAP E&T participants.

As you are aware, States are prohibited under Federal law from imposing any additional
eligibility conditions on individuals for the receipt of SNAP benefits. Therefore, FNS will
continue to monitor closely any action the Wisconsin State Legislature takes on this
legislation. If the legislation is subsequently enacted into law, FNS will work with its General
Counsel to determine how it interacts with Federal law governing the program and advise the
State agency appropriately.

As a side note, any changes to a State's E&T program must be included i n the State plan and
approved by FNS prior to implementation. Please keep us informed as to the progress of this
legislation and when it is signed into law.

Thank you and we can set up a call if we need to discuss further.

S�1ioW
Director
Supplemental Nutrition Assistance Progran1
Midwest Region
77 W Jackson Blvd. 20th Floor
Chicago, IL 60604
Phone: (312) 353-1478

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