Amendment AA10-SB70

SB70-AA10,9448 Section 9448. Effective dates; Veterans Affairs.

SB70-AA10,150,6 (1) Repeal of veterans trust fund. The treatment of ss. 25.36 and 20.855 (4) (bv) takes effect on July 1, 2025.”.

SB70-AA10,150,7 270. Page 374, line 11: after that line insert:

SB70-AA10,150,8 “ Section 9137. Nonstatutory provisions; Revenue

SB70-AA10,150,10 (7m) Closing hours exception for certain alcohol beverage retailers during the Republican National Convention in Milwaukee.

SB70-AA10,150,11 (a) In this subsection:

SB70-AA10,150,12 1. “Municipality” has the meaning given in s. 125.02 (11).

SB70-AA10,150,16 2. “Southeast Wisconsin municipality” means a municipality any part of which is located within Kenosha, Racine, Walworth, Rock, Milwaukee, Waukesha, Jefferson, Dane, Ozaukee, Washington, Dodge, Columbia, Sheboygan, or Fond du Lac County.

SB70-AA10,150,22 (b) 1. Notwithstanding s. 125.32 (3) (a), from July 15 to July 19, 2024, the closing hours for premises operating under a Class “B” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

SB70-AA10,151,2 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1. for any Class “B” licensed premises within the municipality.

SB70-AA10,151,8 (c) 1. Notwithstanding s. 125.68 (4) (c) 1. and 3m., from July 15 to July 19, 2024, the closing hours for premises operating under a “Class B” or “Class C” license issued by a southeast Wisconsin municipality shall be between 4 a.m. and 6 a.m. if the municipality that issued the license has adopted a resolution allowing extended closing hours within the municipality and has authorized this extended closing hour as provided in subd. 2.

SB70-AA10,151,12 2. If a southeast Wisconsin municipality has adopted a resolution under subd. 1., the municipality shall establish a process to authorize, and may upon application so authorize, the extended closing hour under subd. 1 . for any “Class B” or “Class C” licensed premises within the municipality.”.

SB70-AA10,151,13 271. Page 374, line 11: after that line insert:

SB70-AA10,151,14 “ Section 288. 125.06 (6) of the statutes is amended to read:

SB70-AA10,151,18 125.06 (6) Public parks. The sale of fermented malt beverages and wine in any public park operated by a county or municipality. Fermented malt beverages and wine shall be sold by officers or employees of the county or municipality under an ordinance, resolution, rule or regulation enacted by the governing body.

SB70-AA10,289 Section 289. 125.09 (6) of the statutes is amended to read:

SB70-AA10,151,22 125.09 (6) Municipal stores sales. No municipality may engage in the sale of alcohol beverages, except as authorized under s. ss. 125.06 (6) and 125.26 (6). This subsection does not apply to municipal stores in operation on November 6, 1969.”.

SB70-AA10,151,23 272. Page 374, line 11: after that line insert:

SB70-AA10,151,24 “ Section 9137. Nonstatutory provisions; Revenue

SB70-AA10,152,5 “(1) Agent positions. The authorized FTE positions for the department of revenue, funded from the appropriation under s. 20.566 (1) (a), are decreased by 38.0 GPR project positions and the authorized positions for the department of revenue, funded from the appropriation under s. 20.566 (1), are increased by 38.0 GPR positions to serve as special agents for the department.”.

SB70-AA10,152,6 273. Page 374, line 11: after that line insert:

SB70-AA10,152,7 “ Section 290. 20.115 (7) (gc) of the statutes is amended to read:

SB70-AA10,152,10 20.115 (7) (gc) Industrial hemp and marijuana. All moneys received under s. 94.55 for regulation of activities relating to industrial hemp under s. 94.55 and to marijuana under s. 94.56.

SB70-AA10,291 Section 291. 20.115 (7) (ge) of the statutes is created to read:

SB70-AA10,152,15 20.115 (7) (ge) Marijuana producers and processors; official logotype. All moneys received under s. 94.56 for regulation of activities relating to marijuana under s. 94.56, for conducting public awareness campaigns under s. 94.56, and for the creation of a logotype under s. 100.145.

SB70-AA10,292 Section 292. 20.435 (5) (q) of the statutes is created to read:

SB70-AA10,152,18 20.435 (5) (q) Payments to counties. From the community reinvestment fund, all moneys received under subch. IV of ch. 139 for grants to counties under s. 250.22.

SB70-AA10,293 Section 293. 20.566 (1) (bn) of the statutes is created to read:

SB70-AA10,152,24 20.566 (1) (bn) Administration and enforcement of marijuana tax and regulation. The amounts in the schedule for the purposes of administering the marijuana tax imposed under subch. IV of ch. 139 and for the costs incurred in enforcing the taxing and regulation of marijuana producers, marijuana processors, and marijuana retailers under subch. IV of ch. 139.

SB70-AA10,294 Section 294. 20.835 (2) (eq) of the statutes is created to read:

SB70-AA10,153,3 20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under subch. IV of ch. 139.

SB70-AA10,295 Section 295. 25.316 of the statutes is created to read:

SB70-AA10,153,7 25.316 Community reinvestment fund. There is established a separate nonlapsible trust fund, designated the community reinvestment fund consisting of all moneys received under subch. IV of ch. 139, including interest and penalties.

SB70-AA10,296 Section 296. 49.148 (4) (a) of the statutes is amended to read:

SB70-AA10,153,23 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB70-AA10,297 Section 297. 49.79 (1) (b) of the statutes is amended to read:

SB70-AA10,154,4 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except that “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB70-AA10,298 Section 298. 59.54 (25) (title) of the statutes is amended to read:

SB70-AA10,154,6 59.54 (25) (title) Possession Regulation of marijuana.

SB70-AA10,299 Section 299. 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB70-AA10,154,16 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

SB70-AA10,300 Section 300. 66.0107 (1) (bm) of the statutes is amended to read:

SB70-AA10,155,2 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

SB70-AA10,301 Section 301. 66.04185 of the statutes is created to read:

SB70-AA10,155,7 66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is by an individual who has no more than 6 marijuana plants at one time for his or her personal use.

SB70-AA10,302 Section 302. 73.17 of the statutes is created to read:

SB70-AA10,155,10 73.17 Medical marijuana registry program. (1) Definitions. In this section:

SB70-AA10,155,11 (a) “Debilitating medical condition or treatment” means any of the following:

SB70-AA10,155,17 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; inflammatory bowel disease, including ulcerative colitis or Crohn's disease; a hepatitis C virus infection; Alzheimer's disease; amyotrophic lateral sclerosis; nail patella syndrome; Ehlers-Danlos Syndrome; post-traumatic stress disorder; or the treatment of these conditions.

SB70-AA10,155,21 2. 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.

SB70-AA10,155,22 (b) “Department” means the department of revenue.

SB70-AA10,155,23 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

SB70-AA10,156,3 (d) “Qualifying patient” means a person who has been diagnosed by a physician as having or undergoing a debilitating medical condition or treatment but does not include a person under the age of 18 years.

SB70-AA10,156,5 (e) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (71).

SB70-AA10,156,6 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB70-AA10,156,8 (g) “Written certification” means means a statement made by a person's physician if all of the following apply:

SB70-AA10,156,12 1. The statement indicates that, in the physician's professional opinion, the person has or is undergoing a debilitating medical condition or treatment and the potential benefits of the person's use of usable marijuana would likely outweigh the health risks for the person.

SB70-AA10,156,16 2. The statement indicates that the opinion described in subd. 1. was formed after a full assessment of the person's medical history and current medical condition that was conducted no more than 6 months prior to making the statement and that was made in the course of a bona fide physician-patient relationship.

SB70-AA10,156,18 3. The statement is signed by the physician or is contained in the person's medical records.

SB70-AA10,156,20 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

SB70-AA10,156,23 (2) Application. An adult who is claiming to be a qualifying patient may apply for a registry identification card by submitting to the department a signed application form containing or accompanied by all of the following:

SB70-AA10,156,24 (a) His or her name, address, and date of birth.

SB70-AA10,156,25 (b) A written certification.

SB70-AA10,157,2 (c) The name, address, and telephone number of the person's current physician, as listed in the written certification.

SB70-AA10,157,7 (3) Processing the application. The department shall verify the information contained in or accompanying an application submitted under sub. (2) and shall approve or deny the application within 30 days after receiving it. The department may deny an application submitted under sub. (2) only if the required information has not been provided or if false information has been provided.

SB70-AA10,157,15 (4) Issuing a registry identification card and tax exemption certificate. The department shall issue to the applicant a registry identification card and tax exemption certificate within 5 days after approving an application under sub. (3). Unless voided under sub. (5) (b) or revoked under rules issued by the department under sub. (7), a registry identification card and tax exemption certificate shall expire 4 years from the date of issuance. A tax exemption certificate shall contain the information determined by the department. A registry identification card shall contain all of the following:

SB70-AA10,157,16 (a) The name, address, and date of birth of the registrant.

SB70-AA10,157,17 (b) The date of issuance and expiration date of the registry identification card.

SB70-AA10,157,18 (c) A photograph of the registrant.

SB70-AA10,157,19 (d) Other information the department may require by rule.

SB70-AA10,157,24 (5) Additional information to be provided by registrant. (a) A registrant shall notify the department of any change in the registrant's name and address. A registrant who is a qualifying patient shall notify the department of any change in his or her physician or of any significant improvement in his or her health as it relates to his or her debilitating medical condition or treatment.

SB70-AA10,158,3 (b) If a registrant fails to notify the department within 10 days after any change for which notification is required under par. (a), his or her registry identification card and tax exemption certificate is void.

SB70-AA10,158,4 (6) Records. (a) The department shall maintain a list of all registrants.

SB70-AA10,158,7 (b) Notwithstanding s. 19.35 and except as provided in par. (c), the department may not disclose information from an application submitted or a registry identification card issued under this section.

SB70-AA10,158,11 (c) The department may disclose to state or local law enforcement agencies information from an application submitted by, or from a registry identification card issued to, a specific person under this section for the purpose of verifying that the person possesses a valid registry identification card.

SB70-AA10,158,12 (7) Rules. The department shall promulgate rules to implement this section.

SB70-AA10,303 Section 303. 77.54 (71) of the statutes is created to read:

SB70-AA10,158,16 77.54 (71) The sales price from the sale of and the storage, use, or other consumption of usable marijuana, as defined in s. 139.97 (13), purchased by an individual who holds a valid certificate issued under s. 73.17 (4).

SB70-AA10,304 Section 304. 94.55 (2t) of the statutes is repealed.

SB70-AA10,305 Section 305. 94.56 of the statutes is created to read:

SB70-AA10,158,20 94.56 Marijuana producers and processors. (1) Definitions. In this section:

SB70-AA10,158,23 (a) “Labor peace agreement” means an agreement between a person applying for a permit under this section and a labor organization, as defined in s. 5.02 (8m), that does all of the following:

SB70-AA10,159,3 1. Prohibits labor organizations and its members from engaging in picketing, work stoppages, boycotts, and any other economic interference with persons doing business in this state.

SB70-AA10,159,5 2. Prohibits the applicant from disrupting the efforts of the labor organization to communicate with and to organize and represent the applicant's employees.

SB70-AA10,159,9 3. Provides the labor organization access at reasonable times to areas in which the applicant's employees work for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

SB70-AA10,159,10 (b) “Marijuana" has the meaning given in s. 961.70 (2).

SB70-AA10,159,11 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).

SB70-AA10,159,12 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).

SB70-AA10,159,13 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).