Current law prohibits a person from manufacturing, distributing, or delivering
marijuana; possessing marijuana with the intent to manufacture, distribute, or
deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;
or possessing drug paraphernalia with the intent to produce, distribute, or use a
controlled substance. The bill changes state law so that it allows recreational use of
marijuana. The bill does not affect federal law, which generally prohibits persons
from manufacturing, delivering, or possessing marijuana and applies to both
intrastate and interstate violations.
The bill changes state law to allow a Wisconsin resident who is at least 21 years
old, or a qualifying patient, to possess no more than two ounces of marijuana and to
allow a nonresident of Wisconsin who is at least 21 years old to possess no more than
one-quarter ounce of marijuana. Under the bill, generally, a qualifying patient is an
individual who has been diagnosed by a physician as having or undergoing a
debilitating medical condition or treatment and who is at least 18 years old.
Generally, under the bill, a person who possesses more than the maximum
amount he or she is allowed to possess, but not more than 28 grams of marijuana,
is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90
days or both. A person who possesses more than 28 grams of marijuana is guilty of
a Class B misdemeanor, except that, if the person takes action to hide the amount
of marijuana he or she has and the person has in place a security system to alert him
or her to the presence of law enforcement, a method of intimidation, or a trap that
could injure or kill a person approaching the area containing the marijuana, the
person is guilty of a Class I felony.
The bill also eliminates the prohibition on possessing or using drug
paraphernalia that relates to marijuana consumption.
Permits to produce, process, and sell recreational marijuana
The bill creates a process by which a person may obtain a permit to produce,
process, or sell marijuana for recreational use and pay an excise tax for the privilege
of doing business in this state. Sixty percent of the revenue collected from the tax
is deposited into a segregated fund called the “community reinvestment fund.”
Under the bill, the community reinvestment fund is used to provide grants to
underserved communities, sparsity aid to school districts, grants to promote health
equity, and grants to promote diversity and advance equity and inclusion.
The bill requires a person to obtain separate permits from DOR to produce,
process, distribute, or sell marijuana, and requires marijuana producers and
processors to obtain additional permits from DATCP. The requirements for
obtaining these permits differ based on whether the permit is issued by DOR or
DATCP but, in general, a person may not obtain such a permit if he or she is not a
state resident, is under the age of 21, or has been convicted of certain crimes. In
addition, a person may not operate under a DOR permit within 500 feet of a school,
playground, recreation facility, child care facility, public park, public transit facility,
or library and may not operate as a marijuana producer under a DATCP permit
within 500 feet of a school. A person who holds a permit from DOR must also comply
with certain operational requirements.
Under the bill, a permit applicant with 20 or more employees may not receive
a permit from DATCP or DOR unless the the applicant certifies that the applicant
has entered into a labor peace agreement with a labor organization. The labor peace
agreement prohibits the labor organization and its members from engaging in any
economic interference with persons doing business in this state, prohibits the
applicant from disrupting the efforts of the labor organization to communicate with
and to organize and represent the applicant's employees, and provides the labor
organization access to areas in which the employees work to discuss employment
rights and the terms and conditions of employment. Current law prohibits the state
and any local unit of government from requiring a labor peace agreement as a
condition for any regulatory approval. The permit requirements under the bill are
not subject to that prohibition.
The bill also requires DATCP and DOR to use a competitive scoring system to
determine which applicants are eligible to receive permits. Each department must
issue permits to the highest scoring applicants that it determines will best protect
the environment; provide stable, family-supporting jobs to local residents; ensure
worker and consumer safety; operate secure facilities; and uphold the laws of the
jurisdictions in which they operate. Each department may deny a permit to an
applicant with a low score.
Under the bill, a person who does not have a permit from DOR to sell marijuana
may not sell, distribute, or transfer marijuana or possess marijuana with the intent
to sell or distribute it. A person who violates this prohibition is guilty of a Class I
felony.
Also under the bill, a person who does not have a permit from DATCP may not
produce or process marijuana. A person who violates this prohibition, who fails to
pay the fee for a permit, or who violates any rules promulgated by DATCP relating
to producing or processing marijuana is subject to a criminal penalty of a fine of
between $100 and $500, imprisonment of up to six months, or both. In addition, a
person who is cultivating marijuana plants without a permit who possesses more
than six but not more than 12 marijuana plants that have reached the flowering
stage is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed
90 days or both. If the person possesses more than 12 plants that have reached the
flowering stage at one time, the person is guilty of a Class B misdemeanor, except
that, if the person takes action to hide the number of plants he or she has and the
person has in place a security system to alert him or her to the presence of law
enforcement, a method of intimidation, or a trap that could injure or kill a person
approaching the area containing the plants, the person is guilty of a Class I felony.
Penalties for sales to minors
The bill prohibits a DOR permittee from selling, distributing, or transferring
marijuana to a person who is under the age of 21 (minor) and from allowing a minor
to be on premises for which a permit is issued. If a permittee violates one of those
prohibitions, the permittee may be subject to a civil forfeiture of not more than $500
and the permit may be suspended for up to 30 days. If a person who does not have
a permit from DOR to sell marijuana sells, distributes, or transfers marijuana to a
minor, and the person is at least three years older than the minor, the person is guilty
of a Class H felony.
Under the bill, a minor who does any of the following is subject to a forfeiture
of not less than $250 nor more than $500: procures or attempts to procure marijuana
from a permittee; falsely represents his or her age to receive marijuana from a
permittee; knowingly possesses marijuana for recreational use; or knowingly enters
any premises for which a permit has been issued without being accompanied by his
or her parent, guardian, or spouse who is at least 21 years of age or at least 18 years
of age if a qualifying patient.
Medical marijuana registry
The bill requires DOR to create and maintain a medical marijuana registry
program whereby a person who is a qualifying patient may obtain a registry
identification card and purchase marijuana from a licensed retail establishment
without having to pay the sales or excise taxes imposed on that sale.
Registration for testing labs
The bill also requires DATCP to register entities as tetrahydrocannabinols
(THC)-testing laboratories. The laboratories must test marijuana for contaminants;
research findings on the use of medical marijuana; and provide training on safe and
efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana,
security and inventory accountability, and research on medical marijuana.
Employment discrimination
Under the fair employment law, no employer or other person may engage in any
act of employment discrimination against any individual on the basis of the
individual's use or nonuse of lawful products off the employer's premises during
nonworking hours, subject to certain exceptions, one of which is if the use impairs
the individual's ability to undertake adequately the job-related responsibilities of
that individual's employment. The bill specifically defines marijuana as a lawful
product for purposes of the fair employment law, such that no person may engage in
any act of employment discrimination against an individual because of the
individual's use of marijuana off the employer's premises during nonworking hours,
subject to those exceptions.
Unemployment benefits
Under current law, an individual may be disqualified from receiving
unemployment insurance benefits if he or she is terminated because of misconduct
or substantial fault. The bill specifically provides that an employee's use of
marijuana off the employer's premises during nonworking hours does not constitute
misconduct or substantial fault unless termination for that use is permitted under
one of the exceptions under the fair employment law. Also under current law, DWD
must establish a program to test claimants who apply for UI benefits for the presence
of controlled substances, as defined under federal law. If a claimant tests positive
for a controlled substance, the claimant may be denied UI benefits, subject to certain
exceptions and limitations. The bill excludes THC for purposes of this testing
requirement. As such, under the bill, an individual who tests positive for THC may
not be denied UI benefits.
Drug testing for public assistance programs
The bill exempts THC, including marijuana, from drug testing for certain
public assistance programs. Currently, a participant in a community service job or
transitional placement under the Wisconsin Works program (W-2) or a recipient of
the FoodShare program, also known as the food stamp program, who is convicted of
possession, use, or distribution of a controlled substance must submit to a test for
controlled substances as a condition of continued eligibility. DHS is currently
required to request a waiver of federal Medicaid law to require drug screening and
testing as a condition of eligibility for the childless adult demonstration project in the
Medical Assistance program. Current law also requires DHS to promulgate rules to
develop and implement a drug screening, testing, and treatment policy for
able-bodied adults without dependents in the FoodShare employment and training
program. The bill exempts THC from all of those drug-testing requirements and
programs. In addition, because THC is not a controlled substance under state law
under the bill, the requirement under current law that DCF promulgate rules to
create a controlled substance abuse screening and testing requirement for
applicants for the work experience program for noncustodial parents under W-2 and
the Transform Milwaukee Jobs and Transitional Jobs programs does not include
THC.
Anatomical gifts
Unless federal law requires otherwise, the bill prohibits a hospital, physician,
organ procurement organization, or other person from determining the ultimate
recipient of an anatomical gift on the sole basis of a positive test for the use of
marijuana by a potential recipient.
military affairs
Urban search and rescue task force
Under current law, a regional structural collapse team contracted with the
Division of Emergency Management in the DMA is required to respond to structural
collapse incidents that meet criteria established by the division. Under current law,
a team may respond only to incidents of structural collapse. The bill changes the
team's designation from being a structural collapse team to an urban search and
rescue task force, as designated by the National Fire Protection Association and
Emergency Management Accreditation program standards. This change allows an
urban search and rescue task force to respond to a wider variety of incidents.
Under current law, when a regional structural collapse team responds to an
incident, the team must make a good faith effort to identify the party who is
responsible for the structural collapse and provide that information to the Division
of Emergency Management to seek reimbursement from that party. Any
reimbursement to a regional structural collapse team is limited to the amounts
collected by the Division of Emergency Management. Under the bill, this limitation
on reimbursement is removed, and DMA must reimburse within 60 days local
agencies that provided services as part of an urban search and rescue task force if
agencies apply for reimbursement within 45 days of the conclusion of the task force's
deployment. DMA may seek reimbursement for those services from any responsible
party.
The bill also allows DMA to reimburse a local agency for any increase in
contributions for duty disability premiums because an employee incurred an injury
while performing duties as a member of an urban search and rescue task force.
Statewide public safety interoperable communication system
Under current law, DMA provides staff support for the Interoperability Council
and is charged with overseeing the development and operation of a statewide public
safety interoperable communication system, which is a system that allows various
public safety entities, public works and transportation agencies, hospitals, and
volunteer emergency services agencies to communicate via radio or other
communication technology in an emergency.
The bill provides that DMA must also administer any current or future
statewide public safety interoperable communication system, and allows DMA to
enter into agreements for maintenance and support of, upgrades to, and
enhancements for the statewide public safety interoperable communication system.
Next Generation 911 geographic information systems grants
Under current law, DMA must issue grants to public safety answering points,
more commonly known as 911 call centers, for a variety of purposes related to
advanced 911 operations, known as Next Generation 911.
The bill creates an additional grant program, under which DMA must issue
grants to counties for the purpose of preparing geographic information systems data
to help enable Next Generation 911. Under the bill, the appropriate purposes and
eligibility criteria for the grants must be developed by DMA policy. Grant purposes
may include data preparation, data gathering, data creation, geographic
information system staffing, data preparation and collection contracts, and training,
if these purposes enable Next Generation 911, but may not include general overhead
or costs for providing emergency services or emergency services equipment. DMA
must coordinate with DOA in administering the grant program. DMA may not
award more than one such grant per county per fiscal year. Under the bill, this new
grant program sunsets on June 30, 2025.
State disaster assistance for hazard mitigation measures
Under current law, the state disaster assistance program requires DMA to
make payments to retail electric cooperatives, local governmental units, and
federally recognized American Indian tribes and bands in this state for damages and
costs incurred as the result of certain disasters that do not qualify for federal disaster
assistance funding. The bill authorizes state disaster assistance payments to
include costs incurred for approved hazard mitigation measures after a disaster.
Truax Field electrical micro grid
The bill directs DMA to conduct a study in fiscal year 2022-23 to determine
whether it would be feasible to build an electrical micro grid system at Truax Field.
DMA may spend $64,000 in fiscal year 2022-23 to conduct such a study. If, based
on the study, the adjutant general determines that construction of an electrical micro
grid system at Truax Field is feasible, DMA may spend $296,000 in fiscal year
2022-23 for schematic designs related to the construction of such an electrical micro
grid system.
Emergency management assistance compact
The bill converts two appropriations for services provided under the emergency
management assistance compact from annual appropriations to continuing
appropriations. Under current law, the emergency management assistance compact
is an agreement between the state of Wisconsin and all other states that have entered
into the compact to provide for mutual assistance among the states in managing any
emergency or disaster that is declared by the governor of the affected state.
Lapses to the general fund
The bill lapses $130,094 to the general fund from three continuing
appropriations to DMA related to emergency management.
natural resources
General natural resources
Extending the Warren Knowles-Gaylord Nelson Stewardship 2000 program
Current law authorizes the state to incur public debt for certain conservation
activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 program,
which is administered by DNR. The state may incur this debt to acquire land for the
state for conservation purposes and for property development activities and may
award grants to local governments and nonprofit organizations to acquire land for
these purposes. Current law establishes the amounts that DNR may obligate in each
fiscal year through fiscal year 2021-22 for expenditure under each of five
subprograms of the stewardship program.
The bill reauthorizes the stewardship program until fiscal year 2031-32 and
sets at $70,000,000 the amount that DNR may obligate under the program in each
fiscal year beginning in fiscal year 2022-23 and ending in fiscal year 2031-32. The
bill increases to $1,788,850,000 the total amount of public debt that the state may
contract under the program.
Beginning in fiscal year 2022-23 the bill increases the amount DNR may
obligate in each fiscal year under the land acquisition subprogram from $21,000,000
to $26,000,000 until fiscal year 2025-26, then decreases that amount to $25,000,000
in each fiscal year until 2031-32. Of that total amount, the bill increases from
$9,000,000 to $10,000,000 the amount that DNR may obligate for DNR land
acquisitions in each fiscal year. The bill requires DNR to set aside $1,000,000 in each
fiscal year in fiscal years 2022-23 to 2025-26 to acquire land from the board of
commissioners of public lands and to provide counties with 50 percent matching
grants to acquire land from BCPL. The bill increases from $7,000,000 to $10,000,000
the amount in each fiscal year that must be set aside for grants awarded to nonprofit
conservation organizations (NCO).
The bill maintains the following amounts that DNR must set aside in each fiscal
year for the following purposes under the land acquisition subprogram: $5,000,000
for the county forest grant program, $1,000,000 for the Ice Age Trail, and $2,000,000
to match federal Forest Legacy Program grants. The bill adds property development
and maintenance to the activities for which stewardship moneys may be obligated
for the Ice Age Trail and property development to the activities for which
stewardship moneys may be obligated under the county forest grant program. In
addition, the bill provides that the Ice Age Trail moneys may also be obligated for 50
percent matching grants to NCOs and local governments to acquire, develop, and
maintain Ice Age Trail properties.
Beginning in fiscal year 2022-23 the bill increases from $9,750,000 to
$41,000,000 the amount in each fiscal year that DNR may obligate under the
property development and local assistance subprogram, then increases this amount
to $42,000,000 in each fiscal year beginning in fiscal year 2026-27 and ending with
fiscal year 2031-32. Of that total amount, the bill increases from $3,250,000 to
$22,000,000 the amount DNR must obligate in each fiscal year under current law for
DNR property development beginning in fiscal year 2022-23, then increases this
amount to $23,000,000 in each fiscal year beginning in fiscal year 2026-27 and
ending with fiscal year 2031-32. The bill increases from $6,000,000 to $18,000,000
the amount that DNR may obligate in each fiscal year for local assistance grants for
property development. The bill requires DNR to set aside $1,000,000 in each fiscal
year for grants to NCOs and friends groups for property development projects on
DNR properties, with a limit of $80,000 in grants per DNR property in each fiscal
year. Current law limits the amount that may be encumbered on those grants to
$250,000 each fiscal year and $20,000 per DNR property. The bill eliminates
all-terrain vehicle (ATV), utility terrain vehicle (UTV), and snowmobile projects as
one of the purposes for which moneys may be obligated under the property
development and local assistance subprogram.
Beginning in fiscal year 2022-23 the bill increases from $2,500,000 to
$3,000,000 the amount in each fiscal year that DNR may obligate under the
recreational boating aids subprogram.
Under the bill, if for fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and
2030-31 DNR does not obligate the full amount it is authorized to obligate under the
land acquisition, property development and local assistance, and recreational
boating aids subprograms, DNR may obligate the unobligated amount in the next
fiscal year for the purpose for which it was authorized. Then, if for fiscal years
2023-24, 2025-26, 2027-28, 2029-30, and 2031-32 DNR does not obligate the full
amount it is authorized to obligate under those subprograms, plus any unobligated
amount from the prior fiscal year, DNR may obligate those unobligated amounts in
any fiscal year through 2031-32, but only for property development of DNR lands or
on conservation easements adjacent to DNR lands.
Under current law, if DNR does not obligate the full amount it is authorized to
obligate in a fiscal year for grants to NCOs, it may obligate the unobligated amount
in the next fiscal year but only for county forest grants. Under the bill, if DNR does
not obligate the full amount it is authorized to obligate for grants to NCOs for any
of the fiscal years 2022-23, 2024-25, 2026-27, 2028-29, and 2030-31, it may
obligate the unobligated amount in the next fiscal year but only for local assistance
grants. If any of that unobligated amount remains after that second year, DNR may
obligate it in any fiscal year through 2031-32, but only for property development of
DNR lands or on conservation easements adjacent to DNR lands.
Under current law, generally, for any project or activity for which more than
$250,000 of stewardship moneys are proposed to be obligated, DNR must obtain
written approval for the project or activity from the joint committee on finance. The
bill increases this threshold to $500,000. The bill also eliminates the requirement
that DNR obtain written approval for obligating stewardship moneys for any land
acquisition located north of STH 64.
Under current law, any person receiving a stewardship grant to acquire land
on former managed forest land must allow public access to the land for nature-based
outdoor activities, except that a person may prohibit public access for one or more
nature-based outdoor activities if the Natural Resources Board determines the
prohibition is necessary in order to protect public safety, protect a unique animal or
plant community, or accommodate usership patterns. The bill eliminates a current
law provision under which the exception with respect to accommodating usership
patterns does not apply for land acquired after the effective date of the bill that is not
for state trails or the Ice Age Trail.
The bill eliminates a limitation under current law that prohibits more than
one-third of the amount set aside for DNR's acquisition of land from being obligated
to acquire land in fee simple.
Finally, the bill eliminates a requirement under current law that DNR provide
a written directory of all stewardship land that is open for public access.
Pierce County islands wildlife restoration
The bill creates a continuing appropriation from the conservation fund to DNR
for restoration projects in the Pierce County islands wildlife area.
Terrestrial invasive species prevention
The bill creates an annual appropriation from the conservation fund to DNR for
grants to cooperative invasive species management areas for surveying, monitoring,
and controlling terrestrial invasive species.
Law enforcement technology
Under current law, DNR is appropriated scheduled amounts from the general
fund, the environmental fund, and the conservation fund for acquiring law
enforcement radios. Under the bill, each appropriation is made for the purpose of
acquiring law enforcement technology.
Sheboygan Marsh dam funding
The bill authorizes DNR to award a $1,000,000 grant to Sheboygan county to
remove and reconstruct a dam on the Sheboygan River at the Sheboygan Marsh.
MacKenzie environmental center
Under current law, moneys are appropriated to the MacKenzie environmental
center biennially from the general fund (MacKenzie appropriation). A biennial
appropriation is expendable only for the biennium for which made. Current law
allows DNR to charge fees to participants in a DNR environmental education
program to cover the costs of the program, and requires such fees collected by DNR
for the use of the MacKenzie environmental center to be deposited in the general
fund and credited to the MacKenzie appropriation.
The bill changes the MacKenzie appropriation to a continuing appropriation,
which is an appropriation that is expendable until fully depleted or repealed by
subsequent action of the legislature. Under the bill, the MacKenzie appropriation
is still funded by all moneys received from fees collected for the use of the MacKenzie
environmental center.
Funding from Indian gaming receipts
Current law requires DOA to transfer portions of Indian gaming receipts to
certain DNR appropriations annually. The bill eliminates the requirement to
transfer these amounts to appropriations that fund elk management and the
reintroduction of whooping cranes, eliminates those appropriations, and replaces
them with appropriations funded from the conservation fund. The bill also
eliminates the requirement to transfer these amounts to an appropriation that funds
snowmobile law enforcement operations and safety training and fatality reporting
and eliminates that appropriation. The bill makes no change to an appropriation
funding the same purposes from the conservation fund.
Navigable waters and wetlands
Great Lakes erosion control loan program
The bill requires DNR to administer a revolving loan program to assist
municipalities and owners of homes located on the shore of Lake Michigan or Lake
Superior where the structural integrity of municipal buildings or homes is
threatened by erosion of the shoreline. Under the bill, moneys for the program are
provided from the environmental fund. The bill requires DNR to promulgate rules
to administer the program, including eligibility requirements and income
limitations, and authorizes DNR to promulgate emergency rules for the period before
permanent rules take effect.
Hydrologic restoration
Under current law, DNR may issue a general permit to a person wishing to
proceed with a wetland restoration activity sponsored by a federal agency. The bill
requires DNR to issue a general permit that authorizes wetland, stream, and
floodplain restoration and management activities that will result in a net
improvement in hydrologic connections, conditions, and functions.
The general permit issued under the bill is valid for a period of five years, except
that an activity that DNR determines is authorized by a general permit remains
authorized under the permit until the activity is completed. The general permit
issued under the bill for an activity is in lieu of any permit or approval that would
otherwise be required for that activity under state navigable water law, water
quality law, or wetland law. The bill requires DNR to apply several conditions to the
new general permit and authorizes DNR to require an individual seeking approval
to conduct activities under the general permit to apply for an individual permit under
certain circumstances.
The bill creates at DNR a hydrologic restoration and management advisory
council to provide input, make recommendations, and generally assist DNR with the
implementation of the new general permit and associated restoration projects.
Bonding for dam safety projects
Under current law, the state may contract up to $29,500,000 in public debt to
provide financial assistance to counties, cities, villages, towns, and public inland
lake protection and rehabilitation districts for dam safety projects. The bill increases
the bonding authority for these projects by $6,000,000.
Parks, forestry, and recreation
Free admission to state parks for 4th graders
Under current law, no person may operate a vehicle in any state park or in
certain other recreational areas on state land unless the vehicle displays a vehicle
admission receipt. The bill requires DNR to waive the fee for an annual vehicle
admission receipt issued to the parent or guardian of a student receiving a 4th grade
level of instruction. A parent or guardian of a qualifying pupil may apply to DNR for
the waiver by submitting required certifications. A parent or guardian may receive
the waiver only once in his or her lifetime and DNR may issue a waiver only once for
a household. The bill also requires DNR to provide on its website an activity guide
for state parks, forests, recreation areas, and trails.
Recreational vehicle online registration
Under current law, no person may operate an ATV, UTV, or snowmobile and no
owner may give permission for such operation unless the ATV, UTV, or snowmobile
is registered with DNR. Current law allows DNR to appoint persons who are not
DNR employees as agents to issue, transfer, or renew registration documents for
ATVs, UTVs, and snowmobiles and to issue reprints of those documents. Current
law provides that an agent who accepts an application and required fees for ATV,
UTV, or snowmobile registration documents must issue to the applicant a temporary
operating receipt or some or all of the registration documents at the time the
application is submitted, and issue any remaining registration documents directly
from DNR at a later date. The bill allows an agent to accept an application by
facilitating an online application for registration documents.
Current law requires every ATV, UTV, or snowmobile manufacturer, dealer,
distributor, or renter to register with DNR and apply to DNR for, respectively, a
commercial ATV and UTV or commercial snowmobile certificate. The bill allows
these applications to be completed through an online application system.
Under current law, no person may operate an off-highway motorcycle (OHM)
off the highways and no owner may give permission for such operation unless the
OHM is registered with DNR. Current law requires an OHM dealer to register with
DNR and apply to obtain a commercial OHM certificate. Current law requires an
OHM dealer to require an OHM buyer to pay the applicable registration fee and
complete an application for registration of an OHM. Current law requires an OHM
dealer to affix a decal issued by DNR to a removable plate or sign on an OHM offered
for sale. If a commercial OHM certificate or decal is lost or destroyed, current law
allows the holder to apply to DNR for a duplicate. The bill allows for all of these
applications to be completed through an online application system.
