Amendment SSA1-AB68

AB68-SSA1,792,21 (e) After denying a permit, the department shall immediately notify the applicant in writing of the denial and the reasons for the denial. After making a decision to grant or deny a permit for which a municipality has filed an objection under par. (d), the department shall immediately notify the governing body of the municipality in writing of its decision and the reasons for the decision.

AB68-SSA1,792,23 (f) 1. The department's denial of a permit under this section is subject to judicial review under ch. 227.

AB68-SSA1,792,25 2. The department's decision to grant a permit under this section regardless of an objection filed under par. (d) is subject to judicial review under ch. 227.

AB68-SSA1,793,2 (g) The department shall not issue a permit under this section to any person who does not hold a valid certificate under s. 73.03 (50).

AB68-SSA1,793,8 (3) Fees; term. (a) Each person who applies for a permit under this section shall submit with the application a $250 fee. A permit issued under this section is valid for one year and may be renewed, except that the department may revoke or suspend a permit prior to its expiration. A person is not entitled to a refund of the fees paid under this subsection if the person's permit is denied, revoked, or suspended.

AB68-SSA1,793,12 (b) A permittee shall annually pay to the department a fee for as long as the person holds a valid permit under this section. The annual fee for a marijuana processor permittee is $2,000. The annual fee for a marijuana producer permittee is one of the following, unless the department, by rule, establishes a higher amount:

AB68-SSA1,793,14 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800 marijuana plants, $1,800.

AB68-SSA1,793,16 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but not more than 3,600 marijuana plants, $2,900.

AB68-SSA1,793,18 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but not more than 6,000 marijuana plants, $3,600.

AB68-SSA1,793,20 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but not more than 10,200 marijuana plants, $5,100.

AB68-SSA1,793,22 5. If the permittee plants, grows, cultivates, or harvests more than 10,200 marijuana plants, $7,100 plus $800 for every 3,600 marijuana plants over 10,200.

AB68-SSA1,793,25 (4) Schools. The department may not issue a permit under this section to operate as a marijuana producer within 500 feet of the perimeter of the grounds of any elementary or secondary school.

AB68-SSA1,794,8 (5) Education and awareness campaign. The department shall develop and make available training programs for marijuana producers on how to safely and efficiently plant, grow, cultivate, harvest, and otherwise handle marijuana, and for marijuana processors on how to safely and efficiently produce and handle marijuana products and test marijuana for contaminants. The department shall conduct an awareness campaign to inform potential marijuana producers and marijuana processors of the availability and viability of marijuana as a crop or product in this state.

AB68-SSA1,794,13 (6) Rules. The department shall promulgate rules necessary to administer and enforce this section, including rules relating to the inspection of the plants, facilities, and products of permittees; training requirements for employees of permittees; and the competitive scoring system for determining which applicants are eligible to receive a permit under this section.

AB68-SSA1,794,17 (7) Penalties. (a) Any person who violates sub. (2), fails to pay the required fee under sub. (3), or violates any of the requirements established by the rules promulgated under sub. (6) shall be fined not less than $100 nor more than $500 or imprisoned not more than 6 months or both.

AB68-SSA1,794,21 (b) In addition to the penalties imposed under par. (a), the department shall revoke the permit of any person convicted of any violation described under par. (a) and not issue another permit to that person for a period of 2 years following the revocation.

AB68-SSA1,1608 Section 1608. 94.57 of the statutes is created to read:

AB68-SSA1,795,2 94.57 Testing laboratories. The department shall register entities as tetrahydrocannabinols testing laboratories. The laboratories may possess or manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the following services:

AB68-SSA1,795,4 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

AB68-SSA1,795,7 (2) Collect information on research findings and conduct research related to the medical use of tetrahydrocannabinols, including research that identifies potentially unsafe levels of contaminants.

AB68-SSA1,795,8 (3) Provide training on the following:

AB68-SSA1,795,10 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

AB68-SSA1,795,11 (b) Security and inventory accountability procedures.

AB68-SSA1,795,12 (c) The most recent research on the use of tetrahydrocannabinols.

AB68-SSA1,1609 Section 1609 . 100.145 of the statutes is created to read:

AB68-SSA1,795,16 100.145 Recreational marijuana logotype. The department shall design an official logotype appropriate for including on a label affixed to recreational marijuana under s. 139.973 (10) (a).

AB68-SSA1,1610 Section 1610. 100.182 (4m) of the statutes is created to read:

AB68-SSA1,795,18 100.182 (4m) The department may promulgate rules to implement this section.

AB68-SSA1,1611 Section 1611. 100.2091 of the statutes is created to read:

AB68-SSA1,795,23 100.2091 Broadband; discrimination prohibited. (1) No broadband service provider may deny access to broadband service to any group of potential residential customers because of the race or income of the residents in the area in which the group resides.

AB68-SSA1,796,3 (2) It is a defense to an alleged violation of sub. (1) based on income if, no later than 3 years after the date on which the broadband service provider began providing broadband service in this state, at least 30 percent of the households with access to the broadband service provider's broadband service in the area in which a group of potential residential customers resides are low-income households.

AB68-SSA1,796,10 (3) The department may enforce this section and may promulgate rules to implement and administer this section. The department of justice may represent the department in an action to enforce this section. If the court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the department of justice.

AB68-SSA1,796,16 (4) Any person that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the person affected.

AB68-SSA1,1612 Section 1612. 100.2092 of the statutes is created to read:

AB68-SSA1,796,22 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major system-wide or large area emergency, such as a natural disaster.

AB68-SSA1,797,2 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

AB68-SSA1,797,6 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.

AB68-SSA1,797,9 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

AB68-SSA1,797,11 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

AB68-SSA1,797,13 (f) A broadband service provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

AB68-SSA1,797,16 (g) A broadband service provider shall give a subscriber at least 7 days' advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

AB68-SSA1,797,19 (h) A broadband service provider shall give a subscriber at least 10 days' advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

AB68-SSA1,797,22 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

AB68-SSA1,797,25 (j) A broadband service provider shall provide broadband service to a subscriber as described in point of sale advertisements and representations made to the subscriber.

AB68-SSA1,798,3 (k) A broadband service provider shall give a subscriber at least 10 days' advance written notice of a change in a factor that might cause the originally disclosed speed experience to vary.

AB68-SSA1,798,8 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

AB68-SSA1,798,12 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider's service, including in all of the following types of advertisements:

AB68-SSA1,798,13 (a) Television and other commercials.

AB68-SSA1,798,14 (b) Internet and email advertisements.

AB68-SSA1,798,15 (c) Print advertisements and bill inserts.

AB68-SSA1,798,17 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

AB68-SSA1,798,19 (3) Rules. The department may promulgate rules to implement and administer this section.

AB68-SSA1,798,23 (4) Penalty; enforcement. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

AB68-SSA1,798,25 (b) The department or a district attorney may institute civil proceedings under this section.

AB68-SSA1,1613 Section 1613. 100.311 of the statutes is created to read:

AB68-SSA1,799,2 100.311 Unfair drug pricing practices. (1) In this section:

AB68-SSA1,799,3 (a) “Drug” has the meaning given in s. 450.01 (10).

AB68-SSA1,799,7 (b) “Unfair drug pricing practice” means a drug pricing practice that causes or is likely to cause substantial injury to consumers that is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.

AB68-SSA1,799,8 (2) No person may engage in unfair drug pricing practices.

AB68-SSA1,799,9 (3) The department may promulgate rules to implement this section.

AB68-SSA1,799,15 (4) Any district attorney, after informing the department, or the department may seek a temporary or permanent injunction in circuit court to restrain any violation of this section. Prior to entering a final judgment the court may award damages to any person suffering monetary loss because of a violation. The department may subpoena any person or require the production of any document to aid in investigating alleged violations of this section.

AB68-SSA1,1614 Section 1614 . 100.75 of the statutes is created to read:

AB68-SSA1,799,19 100.75 Vapor products. (1) No person may advertise vapor products in a manner that targets persons under the age of 21. The department shall investigate advertisements for vapor products that target persons under the age of 21.

AB68-SSA1,799,22 (2) The department shall investigate under s. 254.916 sales of vapor products to persons under the age of 21 in violation of s. 134.66 (2) (a) and (am) or a local ordinance adopted under s. 134.66 (5).

AB68-SSA1,1615 Section 1615. 101.123 (1) (ac) 2. of the statutes is amended to read:

AB68-SSA1,800,4 101.123 (1) (ac) 2. A juvenile detention facility, as defined in s. 938.02 (10r), a secured residential care center for children and youth, as defined in s. 938.02 (15g), or a juvenile correctional facility, as defined in s. 938.02 (10p), except a juvenile correctional facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.

AB68-SSA1,1616 Section 1616. 101.123 (1) (h) (intro.) of the statutes is amended to read:

AB68-SSA1,800,6 101.123 (1) (h) (intro.) “Smoking" means burning any of the following:

AB68-SSA1,800,8 1m. Burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:

AB68-SSA1,1617 Section 1617. 101.123 (1) (h) 1. of the statutes is renumbered 101.123 (1) (h) 1m. a.

AB68-SSA1,1618 Section 1618. 101.123 (1) (h) 2. of the statutes is renumbered 101.123 (1) (h) 1m. b.

AB68-SSA1,1619 Section 1619. 101.123 (1) (h) 2m. of the statutes is created to read:

AB68-SSA1,800,14 101.123 (1) (h) 2m. Inhaling or exhaling vapor from a vapor product.

AB68-SSA1,1620 Section 1620. 101.123 (1) (h) 3. of the statutes is renumbered 101.123 (1) (h) 1m. c.

AB68-SSA1,1621 Section 1621. 101.123 (1) (h) 4. of the statutes is renumbered 101.123 (1) (h) 1m. d.

AB68-SSA1,1622 Section 1622. 101.123 (1) (j) of the statutes is renumbered 101.123 (1) (bc) and amended to read:

AB68-SSA1,800,22 101.123 (1) (bc) “Type 1 juvenile Juvenile correctional facility" has the meaning given in s. 938.02 (19) (10p).

AB68-SSA1,1623 Section 1623. 101.123 (1) (k) of the statutes is created to read:

AB68-SSA1,800,24 101.123 (1) (k) 1. “Vapor product” has the meaning given in s. 139.75 (14).

AB68-SSA1,1624 Section 1624. 101.123 (2) (d) 3. of the statutes is amended to read:

AB68-SSA1,801,2 101.123 (2) (d) 3. Anywhere on the grounds of a Type 1 juvenile correctional facility.

AB68-SSA1,1625 Section 1625 . 101.147 of the statutes is created to read:

AB68-SSA1,801,7 101.147 Construction contractor registration. (1) (a) Except as provided in par. (b), no person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department.

AB68-SSA1,801,9 (b) The registration requirement under par. (a) does not apply to any of the following:

AB68-SSA1,801,11 1. A person who engages in construction on property owned or leased by that person.

AB68-SSA1,801,12 2. A state agency or local governmental unit.

AB68-SSA1,801,14 3. A person who engages in construction in the course of his or her employment by a state agency or local governmental unit.

AB68-SSA1,801,16 (2) An application for a registration under this section shall require the applicant to submit all of the following:

AB68-SSA1,801,18 (a) The applicant's name, contact information, and physical address for the business principal.