WisconsinAB1802025-2026 Wisconsin Legislature (Biennial Session)HouseWALLET

An Act to create 49.79 (7x) of the statutes; Relating to: requiring the Department of Health Services to seek any necessary waiver to prohibit the purchase of candy or soft drinks with FoodShare benefits. (FE)

Sponsored By: Scott Allen (Republican), Elijah Behnke (Republican), Calvin Callahan (Republican), Barbara Dittrich (Republican), Joy Goeben (Republican), Rick Gundrum (Republican), Dean Kaufert (Republican), Daniel Knodl (Republican), Dave Maxey (Republican), Clint Moses (Republican), David Murphy (Republican), Amanda Nedweski (Republican), Adam Neylon (Republican), Jerry O'Connor (Republican), William Penterman (Republican), Patrick Snyder (Republican), Chuck Wichgers (Republican)

Signed by Governor

BeverageCounty -- Human servicesData processingFoodFood stamp planHealth ServicesDepartment of -- HealthOrganizationMiscellaneousPublic employeeReportsRetail establishment

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

FoodShare retailers protected from checkout system errors

Participating FoodShare retailers are protected from civil liability and adverse action by Wisconsin’s Department of Health Services for platform-caused errors. The protection covers sales or refusals that break federal program rules or an approved federal waiver. It applies only when the platform incorrectly decides whether the product is eligible.

New checkout system checks FoodShare grocery purchases

Wisconsin’s Department of Health Services must hire a qualified nonprofit to build and run a FoodShare product-checking system. It must update barcode records, check eligible items at store checkouts, track errors, and protect data privacy. The nonprofit must meet statewide service, independence, and financial-control standards and partner with an experienced Wisconsin Medicaid technology firm. A performance-based contract requires an approved budget, retailer training, technical help, and outreach. The law provides $3 million for development in 2025–26, plus $250,000 for administration in each of 2025–26 and 2026–27. Required reports cover accuracy, retailer participation, system reliability, security, and spending, with annual reports due September 30. State performance audits begin in 2031 and repeat at least every four years.

FoodShare candy limits require federal approval

Wisconsin’s Department of Health Services must seek federal permission to block FoodShare purchases of candy and soft drinks. If permission is granted, the department must enforce the ban; otherwise, it must reapply annually until approved. Candy includes sugar and confectionery items, including chocolate bars. Soft drinks include nonalcoholic drinks marketed as soda, cola, or energy drinks. The definition excludes drinks with more than 50% fruit or vegetable juice, dairy drinks, coffee, and unsweetened tea. The law does not change benefit amounts.

Counties share benefit services, pay for takeovers

Counties with fewer than 750,000 people must join an approved multicounty group or Tribal partnership to run income-support programs. They must join within six months after the requirement takes effect. If a multicounty group fails state performance standards, Wisconsin’s Department of Health Services must take over its service area. The department can use state staff or hire another multicounty group. When the department takes over a county’s programs, the county must pay its prior calendar year’s program-administration spending. These changes do not directly change household benefit amounts or eligibility.

Sponsors & Cosponsors

Sponsors

  • Scott Allen

    Republican • House

  • Elijah Behnke

    Republican • House

  • Calvin Callahan

    Republican • House

  • Barbara Dittrich

    Republican • House

  • Joy Goeben

    Republican • House

  • Rick Gundrum

    Republican • House

  • Dean Kaufert

    Republican • House

  • Daniel Knodl

    Republican • House

  • Dave Maxey

    Republican • House

  • Clint Moses

    Republican • House

  • David Murphy

    Republican • House

  • Amanda Nedweski

    Republican • House

  • Adam Neylon

    Republican • House

  • Jerry O'Connor

    Republican • House

  • William Penterman

    Republican • House

  • Patrick Snyder

    Republican • House

  • Chuck Wichgers

    Republican • House

Cosponsors

  • Lindee Brill

    Republican • House

  • Rachael Cabral-Guevara

    Republican • Senate

  • Chris Kapenga

    Republican • Senate

  • Joel Kitchens

    Republican • House

  • Steve Nass

    Republican • Senate

  • Cory Tomczyk

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 114 • No: 45

Senate vote • 3/17/2026

Read a third time and concurred in, Ayes 25, Noes 8

Yes: 25 • No: 8

Senate vote • 3/17/2026

Senate Substitute Amendment 2 rejected, Ayes 18, Noes 15

Yes: 18 • No: 15

House vote • 2/19/2026

Read a third time and passed, Ayes 71, Noes 22

Yes: 71 • No: 22

Actions Timeline

  1. Published 3-24-2026

    3/24/2026House
  2. Report approved by the Governor on 3-23-2026. 2025 Wisconsin Act 116

    3/24/2026House
  3. Presented to the Governor on 3-18-2026

    3/18/2026House
  4. Report correctly enrolled on 3-18-2026

    3/18/2026House
  5. LRB correction (Assembly Substitute Amendment 2)

    3/18/2026House
  6. Received from Senate concurred in

    3/18/2026House
  7. Ordered immediately messaged

    3/17/2026Senate
  8. Read a third time and concurred in, Ayes 25, Noes 8

    3/17/2026Senate
  9. Rules suspended to give bill its third reading

    3/17/2026Senate
  10. Ordered to a third reading

    3/17/2026Senate
  11. Senate Substitute Amendment 2 rejected, Ayes 18, Noes 15

    3/17/2026Senate
  12. Read a second time

    3/17/2026Senate
  13. Senate Substitute Amendment 2 offered by Senators L. Johnson, Dassler-Alfheim, Drake, Habush Sinykin, Hesselbein, Keyeski, Larson, Ratcliff, Roys, Smith, Spreitzer and Wall

    3/17/2026Senate
  14. Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)

    3/16/2026Senate
  15. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

    3/16/2026Senate
  16. Available for scheduling

    3/11/2026Senate
  17. Report concurrence recommended by Joint Committee on Finance, Ayes 11, Noes 2

    3/11/2026Senate
  18. Report introduction of Senate Substitute Amendment 1 by Joint Committee on Finance, Ayes 13, Noes 0

    3/11/2026Senate
  19. Executive action taken

    3/11/2026Senate
  20. Withdrawn from committee on Senate Organization and rereferred to joint committee on Finance pursuant to Senate Rule 46(2)(c)

    3/10/2026Senate
  21. Available for scheduling

    2/25/2026Senate
  22. Read first time and referred to committee on Senate Organization

    2/25/2026Senate
  23. Received from Assembly

    2/23/2026Senate
  24. Ordered immediately messaged

    2/19/2026House
  25. Read a third time and passed, Ayes 71, Noes 22

    2/19/2026House

Bill Text

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