AB56: Bill Text

AB56,916,25 (6) Sections 71.78 (1), (1m), and (4) to (9) and 71.83 (2) (a) 3. and 3m., relating to confidentiality of income and franchise tax returns, apply to any information obtained from any person on a dispensary surcharge return, report, schedule, exhibit, or other document or from an audit report pertaining to the return, report, schedule, exhibit, or document, except that the department shall publish on its Internet site, at least quarterly, a current list of business tax registration certificates issued to dispensaries under s. 73.03 (50) and include on the list the name and address of the certificate holder and the date on which the department issued the certificate.

AB56,917,2 (7) The department may inspect the business records of any dispensary doing business on a reservation or on an Indian tribe's trust land.

AB56,917,4 (8) Each dispensary shall collect and remit the surcharge imposed under this subchapter with the reports required to be filed under this section.

AB56,917,7 139.973 Administration and enforcement. (1) Sections 139.355, 139.365, 139.39, and 139.40, as they apply to the tax under subch. II, apply to the administration and enforcement of this subchapter.

AB56,917,11 (2) If a dispensary fails to pay the surcharge under this subchapter, authorized personnel of the department, with the assistance of any law enforcement officer within his or her jurisdiction, may search the premises of the dispensary to seize any personal property or cash for payment of the unpaid surcharge.

AB56,917,13 139.974 Police powers. The duly authorized employees of the department have all necessary police powers to prevent violations of this subchapter.

AB56,917,15 139.975 Timely filing. The provisions on timely filing under s. 71.80 (18) apply to the surcharge under this subchapter.

AB56,917,17 139.976 Bonds. Section 78.11, as it applies to suppliers of motor vehicle fuel, applies to persons liable for the surcharge under this subchapter.

AB56,917,21 139.977 Interest and penalties. (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.972 (8) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB56,918,6 (2) If a person fails to file any return or report required under s. 139.972 by the due date, unless the person shows that that failure was due to reasonable cause and not due to neglect, the department shall add to the amount of surcharge required to be shown on that return 5 percent of the amount of the surcharge if the failure is for not more than one month, and an additional 5 percent of the surcharge for each additional month or fraction of a month during which the failure continues, but not more than 25 percent of the surcharge. For purposes of this subsection, the amount of the surcharge required to be shown on the return shall be reduced by the amount of surcharge that is paid on or before the due date and by the amount of any credit against the surcharge that may be claimed on the return.

AB56,918,12 139.978 Personal liability. Any officer, employee, fiduciary, or agent who is responsible for paying the surcharge, interest, penalties, or other charges under this subchapter incurred by another person, as defined in s. 77.51 (10), is personally liable for the surcharge, interest, penalties, or other charges. Sections 71.88 (1) (a) and (2) (a), 71.89, and 71.90, as they apply to appeals of income or franchise tax assessments, apply to appeals of assessments under this subchapter.

AB56,918,15 139.9785 Prosecutions by attorney general. Upon request by the secretary of revenue, the attorney general may represent this state or assist a district attorney in prosecuting any case arising under this subchapter.

AB56,918,17 139.979 Rule-making authority. (1) The department shall promulgate any rules necessary for the administration of this subchapter.

AB56,919,2 (2) Using the procedure under s. 227.24, the department may promulgate the rules required under sub. (1). Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB56,1762 Section 1762. 145.20 (5) (am) of the statutes is amended to read:

AB56,919,12 145.20 (5) (am) Each governmental unit responsible for the regulation of private on-site wastewater treatment systems shall adopt and begin the administration of the program established under par. (a) before October 1, 2019 2024. As part of adopting and administering the program, the governmental unit shall conduct and maintain an inventory of all the private on-site wastewater treatment systems located in the governmental unit and shall complete the initial inventory before October 1, 2017. In order to be. The governmental unit is not eligible for grant funding under s. 145.245, a governmental unit must comply with these deadlines until the governmental unit completes the initial inventory.

AB56,1763 Section 1763. 146.44 of the statutes is created to read:

AB56,919,15 146.44 Medical Cannabis Registry Program. (1) Definitions. In this section:

AB56,919,17 (a) “Applicant" means a person who is applying for a registry identification card under sub. (2) (a) or (ac).

AB56,919,19 (ag) “Bona fide practitioner-patient relationship" means a relationship between the practitioner and the patient that includes all of the following:

AB56,919,21 1. An assessment of the patient's medical history and current medical condition by the practitioner, including an in-person physical examination if appropriate.

AB56,919,23 2. A consultation between the practitioner and the patient with respect to the patient's debilitating medical condition or treatment.

AB56,919,25 3. Availability by the practitioner to provide follow-up care and treatment to the patient, including patient examinations.

AB56,920,1 (b) “Debilitating medical condition or treatment" means any of the following:

AB56,920,6 1. Cancer, glaucoma, acquired immunodeficiency syndrome, a positive test for the presence of HIV, antigen or nonantigenic products of HIV, or an antibody to HIV, Crohn's disease, a hepatitis C virus infection, Alzheimer's disease, amytrophic lateral sclerosis, nail-patella syndrome, Ehlers-Danlos Syndrome, post-traumatic stress disorder, or the treatment of these conditions.

AB56,920,7 2. Opioid abatement or reduction or treatment for opioid addiction.

AB56,920,11 3. A chronic or debilitating disease or medical condition or the treatment of such a disease or condition that causes cachexia, severe pain, severe nausea, seizures, including those characteristic of epilepsy, or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

AB56,920,14 4. Any other medical condition or any other treatment for a medical condition designated as a debilitating medical condition or treatment as determined by the department.

AB56,920,15 (c) “Medication with tetrahydrocannabinols" means any of the following:

AB56,920,18 1. The use of tetrahydrocannabinols in any form by a qualifying patient to alleviate the symptoms or effects of the qualifying patient's debilitating medical condition or treatment.

AB56,920,21 2. The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a qualifying patient if done to facilitate his or her use of the tetrahydrocannabinols under subd. 1.

AB56,921,2 3. The acquisition, possession, cultivation, or transportation of tetrahydrocannabinols in any form by a primary caregiver of a qualifying patient, the transfer of tetrahydrocannabinols in any form between a qualifying patient and his or her primary caregivers, or the transfer of tetrahydrocannabinols in any form between persons who are primary caregivers for the same qualifying patient if all of the following apply:

AB56,921,5 a. The acquisition, possession, cultivation, transportation, or transfer of the tetrahydrocannabinols is done to facilitate the qualifying patient's use of tetrahydrocannabinols under subd. 1. or 2.

AB56,921,8 b. It is not practicable for the qualifying patient to acquire, possess, cultivate, or transport the tetrahydrocannabinols independently, or the qualifying patient is under 18 years of age.

AB56,921,10 (cm) “Out-of-state registry identification card" means a document that is valid as provided under sub. (7) (f).

AB56,921,15 (cr) “Practitioner” means a physician, advanced practice nurse, a physician assistant, or other person licensed, registered, certified, or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

AB56,921,18 (d) “Primary caregiver" means a person who has agreed to help a qualifying patient in his or her medication with tetrahydrocannabinols and who has a registry identification card.

AB56,921,22 (e) “Qualifying patient" means a person who has been diagnosed in the course of a bona fide practitioner-patient relationship as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years unless all of the following apply:

AB56,921,25 1. The person's practitioner has explained the potential risks and benefits of medication with tetrahydrocannabinols to the person and to a parent, guardian, or person having legal custody of the person.

AB56,922,2 2. The parent, guardian, or person having legal custody provides the practitioner a written statement consenting to do all of the following:

AB56,922,3 a. Allow medication with tetrahydrocannabinols for the person.

AB56,922,4 b. Serve as a primary caregiver for the person.

AB56,922,5 c. Manage the person's medication with tetrahydrocannabinols.

AB56,922,6 (f) “Registrant" means a person to whom a registry identification card is issued.

AB56,922,8 (g) “Registry identification card" means a document issued by the department under sub. (4) that identifies a person as a qualifying patient or primary caregiver.

AB56,922,10 (h) “Written certification" means a statement written by a person's practitioner if all of the following apply:

AB56,922,14 1. The statement indicates that, in the practitioner's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of medication with tetrahydrocannabinols would likely outweigh the health risks for the person.

AB56,922,16 2. The statement indicates that the opinion described in subd. 1. was made in the course of a bona fide practitioner-patient relationship.

AB56,922,18 3. The statement is signed by the practitioner or is contained in the person's medical records.

AB56,922,21 (2) Application. (a) An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department all of the following:

AB56,922,23 1. A signed application form that contains the applicant's name, address, and date of birth.

AB56,922,24 2. A written certification.

AB56,923,2 3. The name, address, and telephone number of the applicant's current practitioner, as listed in the written certification.

AB56,923,4 4. A registration fee shall be an amount determined by the department but not less than $100.

AB56,923,6 5. Any information that the department determines is necessary for a background check under par. (am).

AB56,923,9 (ac) A person who is at least 21 years of age may apply for a registry identification card as a primary caregiver by submitting to the department all of the following:

AB56,923,11 1. A signed application form that contains the applicant's name, address, and date of birth.

AB56,923,13 2. A copy of a written certification or copy of a registration identification card for each qualifying patient for whom the applicant will be the primary caregiver.

AB56,923,15 3. A registration fee shall be an amount determined by the department, but not less than $100.

AB56,923,17 4. Any information that the department determines is necessary for a background check under par. (am).

AB56,923,18 (am) 1. In this paragraph:

AB56,923,21 a. “Background check" means a search of department of justice records to determine whether an applicant for a registry identification card has been convicted of a disqualifying offense.

AB56,923,23 b. “Disqualifying offense" means a violent crime under s. 165.84 (7) (ab) or a substantially similar violation of federal law that is a felony.

AB56,924,3 2. The department shall convey the information provided by an applicant under par. (a) or (ac) to the department of justice, and the department of justice shall perform a background check on the applicant.

AB56,924,9 3. If the department of justice determines that the applicant has been convicted of a disqualifying offense, the department of health services shall deny the application unless at least 10 years has passed since the completion of any sentence imposed for any disqualifying offense, including any period of incarceration, parole, and extended supervision, and any period of probation imposed for a disqualifying offense.

AB56,924,13 (b) The department shall promulgate rules specifying how a parent, guardian, or person having legal custody of a child may apply for a registry identification card for the child and the circumstances under which the department may approve or deny the application.

AB56,924,17 (3) Processing the application. The department shall verify the information the applicant submitted under sub. (2) (a) or (ac) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) (a) or (ac) only if one of the following applies:

AB56,924,19 (a) The applicant did not provide the required information or provided false information.

AB56,924,20 (b) The department is required to deny the application under sub. (2) (am) 3.

AB56,924,22 (c) The department is required to deny the application under the rules promulgated under sub. (2) (b).

AB56,925,2 (4) Issuing a registry identification card. The department shall issue an applicant a registry identification card within 5 days after approving the application under sub. (3). Unless voided under sub. (5) (b) or (c), a registry identification card expires 2 years from the date of issuance. A registry identification card shall contain all of the following:

AB56,925,3 (a) The name, address, and date of birth of all of the following:

AB56,925,4 1. The registrant.

AB56,925,5 2. Each primary caregiver, if the registrant is a qualifying patient.

AB56,925,6 3. Each qualifying patient, if the registrant is a primary caregiver.

AB56,925,7 (b) The date of issuance and expiration date of the registry identification card.

AB56,925,8 (c) A photograph of the registrant.

AB56,925,9 (d) Other information the department may require by rule.

AB56,925,11 (4m) Annual fee. Primary caregivers shall pay an annual fee determined by the department but not less than $250.

AB56,925,21 (5) Additional information to be provided by registrant. (a) 1. An adult registrant shall notify the department of any change in the registrant's name and address. An adult registrant who is a qualifying patient shall notify the department of any change in his or her practitioner, of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment, and if a primary caregiver stops helping the registrant in the registrant's medication with tetrahydrocannabinols. A registrant who is a primary caregiver shall notify the department if the registrant becomes a primary caregiver for an additional qualifying patient and shall include with the notice a copy of a written certification or copy of a registration identification card for each additional qualifying patient.

AB56,925,25 2. If a qualifying patient is a child, a primary caregiver for the child shall provide the department with any information that the child, if he or she were an adult qualifying patient, would have to provide under subd. 1. within 10 days after the date of the change to which the information relates.

AB56,926,5 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a) 1., his or her registry identification card is void. If a registrant fails to comply with par. (a) 2., the registry identification card for the qualifying patient to whom the information under par. (a) 2. relates is void.

AB56,926,9 (c) If a qualifying patient's registry identification card becomes void under par. (b), the registry identification card for each of the qualifying patient's primary caregivers with regard to that qualifying patient is void. The department shall send written notice of this fact to each such primary caregiver.

AB56,926,10 (6) Records. (a) The department shall maintain a list of all registrants.

AB56,926,13 (b) Notwithstanding s. 19.35 and except as provided in par. (c) and sub. (2) (am), the department may not disclose information from an application submitted or a registry identification card issued under this section.

AB56,926,16 (c) The department may disclose to a law enforcement agency, upon the request of the law enforcement agency, only information necessary to verify that a person possesses a valid registry identification card.

AB56,926,18 (7) Rules. The department may promulgate rules to implement the Medical Cannabis Registry Program.

AB56,927,2 (8) Emergency rules. Using the procedure under s. 227.24, the department may promulgate rules under this section. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB56,1764 Section 1764. 146.63 (2) (a) of the statutes is amended to read: