Senator Steve Nass (R-Whitewater) issued the following statement today regarding Senate Joint Resolution 3 and the Wisconsin’s eligibility for FoodShare/SNAP emergency supplemental funding from the federal government:
“In regards to SJR 3 and Emergency FoodShare Allotments (also known as SNAP), the situation facing the legislature has not changed regarding the unlawful issuance of multiple emergency declarations by Governor Evers.
In both SJR 3 and the legal brief filed by the legislature with the Wisconsin Supreme Court, it is the legislature’s view that a governor is only authorized one emergency declaration for Covid-19 issues which can be in effect for a maximum of 60-days or 120-days if a 60-day extension is granted by the legislature. After that period of time, any further Covid-19 related state emergency declarations or orders must be enacted by legislation signed into law through the normal lawmaking process.
Reminder, Governor Evers issued his one lawful Covid-19 emergency declaration in March 2020 and it expired in May 2020.
In fact, the failure of Governor Evers to comply with state law on emergency declarations may have put Wisconsin in jeopardy of federal sanctions or the need to repay federal funds, if those federal programs required a lawful statement of emergency by the State of Wisconsin. The only lawful emergency declaration, in the legislature’s view, ended in May 2020.
The legislature can resolve the SNAP funding issue (and other future federal eligibility issues) by passing the necessary language in a new standalone bill or by amending Assembly Bill 1, the 2021 Wisconsin Covid-19 Recovery Bill.
It is even more necessary now to end the current unlawful emergency declaration issued by Governor Evers before it causes more serious complications. Pass SJR 3.”