Amendment SA4-SSA2-SB70

SB70-SSA2-SA4,5 Section 5. 49.45 (30e) (b) 3. of the statutes is amended to read:

SB70-SSA2-SA4,27,16 49.45 (30e) (b) 3. Requirements for certification of community-based psychosocial service programs. The department may certify county-based providers and providers that are not county-based providers.

SB70-SSA2-SA4,6 Section 6. 49.45 (30e) (c) of the statutes is renumbered 49.45 (30e) (c) 1. and amended to read:

SB70-SSA2-SA4,28,2 49.45 (30e) (c) 1. A For a county that elects to make provide the services under s. 49.46 (2) (b) 6. Lm. available shall reimburse a provider of the services for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government. The, the department shall reimburse the provider county only for the amount of the allowable charges for those services under the medical assistance Medical Assistance program that is provided by the federal government.

SB70-SSA2-SA4,7 Section 7. 49.45 (30e) (c) 2. of the statutes is created to read:

SB70-SSA2-SA4,28,6 49.45 (30e) (c) 2. The department shall reimburse a provider that is not a county-based provider for services under s. 49.46 (2) (b) 6. Lm. for both the federal and nonfederal share of a fee schedule that is determined by the department.

SB70-SSA2-SA4,8 Section 8. 49.45 (30e) (d) of the statutes is amended to read:

SB70-SSA2-SA4,28,15 49.45 (30e) (d) Provision of services on regional basis. Notwithstanding par. (c) 1. and subject to par. (e), in counties that elect to deliver provide the services under s. 49.46 (2) (b) 6. Lm. through the Medical Assistance program on a regional basis according to criteria established by the department, the department shall reimburse a provider of the services for the amount of the allowable charges for those services under the Medical Assistance program that is provided by the federal government and for the amount of the allowable charges that is not provided by the federal government.

SB70-SSA2-SA4,9119 Section 9119. Nonstatutory provisions; Health Services.

SB70-SSA2-SA4,28,23 (1) Community-based psychosocial services. The department of health services may promulgate rules, including amending rules promulgated under s. 49.45 (30e) (b), update Medical Assistance program policies, and request any state plan amendment or waiver of federal Medicaid law from the federal government necessary to provide reimbursement to providers who are not county-based providers for psychosocial services provided to Medical Assistance recipients under s. 49.45 (30e).”.

SB70-SSA2-SA4,28,24 155. Page 374, line 11: after that line insert:

SB70-SSA2-SA4,29,2 “ Section 9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB70-SSA2-SA4,10 Section 10. 20.115 (7) (gc) of the statutes is amended to read:

SB70-SSA2-SA4,29,6 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-SSA2-SA4,11 Section 11. 20.115 (7) (ge) of the statutes is created to read:

SB70-SSA2-SA4,30,4 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-SSA2-SA4,12 Section 12. 20.435 (5) (q) of the statutes is created to read:

SB70-SSA2-SA4,30,7 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-SSA2-SA4,13 Section 13. 20.566 (1) (bn) of the statutes is created to read:

SB70-SSA2-SA4,30,13 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-SSA2-SA4,14 Section 14. 20.835 (2) (eq) of the statutes is created to read:

SB70-SSA2-SA4,30,16 20.835 (2) (eq) Marijuana tax refunds. A sum sufficient to pay refunds under subch. IV of ch. 139.

SB70-SSA2-SA4,15 Section 15. 25.316 of the statutes is created to read:

SB70-SSA2-SA4,30,20 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-SSA2-SA4,16 Section 16. 49.148 (4) (a) of the statutes is amended to read:

SB70-SSA2-SA4,31,11 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-SSA2-SA4,17 Section 17. 49.46 (1) (a) 1m. of the statutes is amended to read:

SB70-SSA2-SA4,31,17 49.46 (1) (a) 1m. Any pregnant woman whose income does not exceed the standard of need under s. 49.19 (11) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls.

SB70-SSA2-SA4,18 Section 18. 49.46 (1) (j) of the statutes is amended to read:

SB70-SSA2-SA4,31,23 49.46 (1) (j) An individual determined to be eligible for benefits under par. (a) 9. remains eligible for benefits under par. (a) 9. for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls without regard to any change in the individual's family income.

SB70-SSA2-SA4,19 Section 19. 49.47 (4) (ag) 2. of the statutes is amended to read:

SB70-SSA2-SA4,32,4 49.47 (4) (ag) 2. Pregnant and the woman's pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls.

SB70-SSA2-SA4,20 Section 20. 49.471 (6) (b) of the statutes is amended to read:

SB70-SSA2-SA4,32,10 49.471 (6) (b) A pregnant woman who is determined to be eligible for benefits under sub. (4) remains eligible for benefits under sub. (4) for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the pregnancy falls without regard to any change in the woman's family income.

SB70-SSA2-SA4,21 Section 21. 49.471 (7) (b) 1. of the statutes is amended to read:

SB70-SSA2-SA4,32,22 49.471 (7) (b) 1. A pregnant woman whose family income exceeds 300 percent of the poverty line may become eligible for coverage under this section if the difference between the pregnant woman's family income and the applicable income limit under sub. (4) (a) is obligated or expended for any member of the pregnant woman's family for medical care or any other type of remedial care recognized under state law or for personal health insurance premiums or for both. Eligibility obtained under this subdivision continues without regard to any change in family income for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 90th 365th day after the last day of the woman's pregnancy falls. Eligibility obtained by a pregnant woman under this subdivision extends to all pregnant women in the pregnant woman's family.

SB70-SSA2-SA4,22 Section 22. 49.79 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA4,33,2 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-SSA2-SA4,23 Section 23. 59.54 (25) (title) of the statutes is amended to read:

SB70-SSA2-SA4,33,4 59.54 (25) (title) Possession Regulation of marijuana.

SB70-SSA2-SA4,24 Section 24. 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB70-SSA2-SA4,33,14 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-SSA2-SA4,25 Section 25. 66.0107 (1) (bm) of the statutes is amended to read:

SB70-SSA2-SA4,33,25 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-SSA2-SA4,26 Section 26. 66.04185 of the statutes is created to read:

SB70-SSA2-SA4,34,5 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-SSA2-SA4,27 Section 27. 73.17 of the statutes is created to read:

SB70-SSA2-SA4,34,8 73.17 Medical marijuana registry program. (1) Definitions. In this section:

SB70-SSA2-SA4,34,9 (a) “Debilitating medical condition or treatment” means any of the following:

SB70-SSA2-SA4,34,15 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-SSA2-SA4,34,19 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-SSA2-SA4,34,20 (b) “Department” means the department of revenue.

SB70-SSA2-SA4,34,21 (c) “Physician” means a person licensed under s. 448.04 (1) (a).

SB70-SSA2-SA4,34,24 (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-SSA2-SA4,35,2 (e) “Tax exemption certificate” means a certificate to claim the exemption under s. 77.54 (71).

SB70-SSA2-SA4,35,3 (f) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB70-SSA2-SA4,35,5 (g) “Written certification” means means a statement made by a person's physician if all of the following apply:

SB70-SSA2-SA4,35,9 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-SSA2-SA4,35,13 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-SSA2-SA4,35,15 3. The statement is signed by the physician or is contained in the person's medical records.

SB70-SSA2-SA4,35,17 4. The statement contains an expiration date that is no more than 48 months after issuance and the statement has not expired.

SB70-SSA2-SA4,35,20 (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-SSA2-SA4,35,21 (a) His or her name, address, and date of birth.

SB70-SSA2-SA4,35,22 (b) A written certification.

SB70-SSA2-SA4,35,24 (c) The name, address, and telephone number of the person's current physician, as listed in the written certification.

SB70-SSA2-SA4,36,5 (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-SSA2-SA4,36,13 (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-SSA2-SA4,36,14 (a) The name, address, and date of birth of the registrant.

SB70-SSA2-SA4,36,15 (b) The date of issuance and expiration date of the registry identification card.

SB70-SSA2-SA4,36,16 (c) A photograph of the registrant.

SB70-SSA2-SA4,36,17 (d) Other information the department may require by rule.

SB70-SSA2-SA4,36,22 (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-SSA2-SA4,36,25 (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-SSA2-SA4,37,1 (6) Records. (a) The department shall maintain a list of all registrants.

SB70-SSA2-SA4,37,4 (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-SSA2-SA4,37,8 (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-SSA2-SA4,37,9 (7) Rules. The department shall promulgate rules to implement this section.

SB70-SSA2-SA4,28 Section 28. 77.54 (71) of the statutes is created to read:

SB70-SSA2-SA4,37,13 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-SSA2-SA4,29 Section 29. 94.55 (2t) of the statutes is repealed.

SB70-SSA2-SA4,30 Section 30. 94.56 of the statutes is created to read:

SB70-SSA2-SA4,37,17 94.56 Marijuana producers and processors. (1) Definitions. In this section:

SB70-SSA2-SA4,37,20 (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-SSA2-SA4,37,23 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-SSA2-SA4,37,25 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-SSA2-SA4,38,4 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-SSA2-SA4,38,5 (b) “Marijuana" has the meaning given in s. 961.70 (2).

SB70-SSA2-SA4,38,6 (c) “Marijuana processor" has the meaning given in s. 139.97 (6).

SB70-SSA2-SA4,38,7 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).