AB50: Bill Text

AB50,825,8 (b) “Farm” means all land under common ownership that is primarily devoted to agricultural use.

AB50,825,10 (c) “Seed coating” means a nonlethal treatment registered for use on corn seed to discourage sandhill cranes from consuming the seed.

AB50,825,13 (2) (a) The department shall administer a program to provide reimbursements to eligible applicants for the purchase of seed coating that is applied as a seed treatment.

AB50,825,16 (b) A reimbursement under this section shall cover not more than 50 percent of the actual cost of the purchase of seed coating that is applied as a seed treatment and may not exceed $6,250 per eligible applicant per planting season.

AB50,825,21 (c) From March 1 to June 15 of each year, eligible applicants may apply to the department for reimbursement for seed coating purchased no earlier than November 1 of the prior year. Eligible applicants shall provide to the department proof of purchase and an application on a form provided by the department to be eligible to receive a reimbursement under this section.

AB50,825,23 (d) From the appropriation under s. 20.115 (7) (ac), the department shall prioritize reimbursement payments under par. (c) to all of the following:

AB50,826,2 1. Eligible applicants that received a federal depredation permit for sandhill crane in the previous year.

AB50,826,5 2. Eligible applicants that received reimbursement under this section in any of the prior 3 years or that can provide documentation of purchase of seed coating in any of the prior 3 years.

AB50,826,8 3. Eligible applicants planting corn on land vulnerable to sandhill crane depredation as determined by the department in consultation with the department of natural resources and applicable conservation organizations.

AB50,826,14 (e) After reimbursing all eligible applicants under par. (d), from the appropriation under s. 20.115 (7) (ac), the department shall make reimbursement payments to other eligible applicants that have experienced or are likely to experience seed or crop damage from sandhill cranes. The department shall make payments under this paragraph to eligible applicants in the order in which applications are received by the department.

AB50,826,17 (f) The department shall make all reimbursement payments under pars. (d) and (e) no later than September 15 of the year in which applications are made under par. (c).

AB50,826,19 (g) A farm is eligible to receive only one reimbursement payment per year under this section.

AB50,827,2 (3) The department shall compile an annual report detailing the number of reimbursements requested, the total dollar amount requested as reimbursement, the number of reimbursements issued, and the total dollar amount disbursed as reimbursement under this section. The department shall submit the report to the appropriate standing committees of the legislature in the manner provided in s. 13.172 (3) no later than December 31 each year.

AB50,827,6 (4) The department may promulgate rules to establish prioritization of payments under sub. (2) (d) and (e), including identifying applicable conservation organizations under sub. (2) (d) 3. and determining whether eligible applicants have experienced or are likely to experience seed or crop damage under sub. (2) (e).

AB50,1582 Section 1582. 93.73 (2) (b) of the statutes is amended to read:

AB50,827,14 93.73 (2) (b) The department, after consultation with the council under sub. (13), shall solicit applications under sub. (3) at least annually. The department shall issue each solicitation in writing and shall publish a notice announcing the solicitation. In soliciting applications, the department may specify the total amount of funds available, application deadlines, application requirements and procedures, preliminary criteria for evaluating applications, and other relevant information.

AB50,1583 Section 1583. 93.74 of the statutes is created to read:

AB50,827,18 93.74 Planning grants for regional biodigesters. (1) Grant program. From the appropriation under s. 20.115 (7) (u), the department shall provide planning grants for establishing regional biodigesters.

AB50,827,20 (2) Rules. The department shall promulgate rules for the administration of this section.

AB50,1584 Section 1584. 93.75 of the statutes is created to read:

AB50,827,24 93.75 Biodigester operator certification grants. (1) Grants. From the appropriation under s. 20.115 (7) (da), the department shall award grants to individuals seeking biodigester operator certification.

AB50,828,3 (2) Rules. The department may promulgate rules establishing the application process and grant-awarding criteria for the biodigester operator certification grants.

AB50,1585 Section 1585. 94.55 (2t) of the statutes is repealed.

AB50,1586 Section 1586. 94.56 of the statutes is created to read:

AB50,828,7 94.56 Marijuana producers and processors. (1) Definitions. In this section:

AB50,828,10 (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:

AB50,828,13 1. Prohibits the labor organization and its members from engaging in picketing, work stoppages, boycotts, and any other economic interference with persons doing business in this state.

AB50,828,15 2. Prohibits the applicant from disrupting the efforts of the labor organization to communicate with and to organize and represent the applicant’s employees.

AB50,828,19 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.

AB50,828,20 (b) “Marijuana” has the meaning given in s. 961.70 (2).

AB50,828,21 (c) “Marijuana processor” has the meaning given in s. 139.97 (6).

AB50,828,22 (d) “Marijuana producer” has the meaning given in s. 139.97 (7).

AB50,828,23 (e) “Usable marijuana” has the meaning given in s. 139.97 (13).

AB50,829,2 (f) “Permittee” means a marijuana producer or marijuana processor that is issued a permit under this section.

AB50,829,11 (2) Permit required. (a) No person may operate in this state as a marijuana producer or marijuana processor without a permit from the department. A person that acts as a marijuana producer and a marijuana processor shall obtain a separate permit for each activity. A permit issued under this section is not transferable from one person to another or from one premises to another. A separate permit is required for each place in this state where the operations of a marijuana producer or marijuana processor occur. A person is not required to obtain a permit under this section if the person produces or processes only industrial hemp and holds a valid license under s. 94.55.

AB50,829,14 (b) This subsection applies to all officers, directors, agents, and stockholders holding 5 percent or more of the stock of any corporation applying for a permit under this section.

AB50,829,16 (c) Subject to ss. 111.321, 111.322, and 111.335, the department may not issue a permit under this section to any person to which any of the following applies:

AB50,829,18 1. The person has been convicted of a violent misdemeanor, as defined in s. 941.29 (1g) (b), at least 3 times.

AB50,829,20 2. The person has been convicted of a violent felony, as defined in s. 941.29 (1g) (a), unless pardoned.

AB50,829,22 3. During the preceding 3 years, the person has been committed under s. 51.20 for being drug dependent.

AB50,830,4 4. The person chronically and habitually uses alcohol beverages or other substances to the extent that their normal faculties are impaired. A person is presumed to chronically and habitually use alcohol beverages or other substances to the extent that their normal faculties are impaired if, within the preceding 3 years, any of the following applies:

AB50,830,6 a. The person has been committed for involuntary treatment under s. 51.45 (13).

AB50,830,7 b. The person has been convicted of a violation of s. 941.20 (1) (b).

AB50,830,17 c. In 2 or more cases arising out of separate incidents, a court has found the person to have committed a violation of s. 346.63 or a local ordinance in conformity with s. 346.63; a violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63; or a violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction’s laws.

AB50,830,19 5. The person has income that comes principally from gambling or has been convicted of 2 or more gambling offenses.

AB50,830,20 6. The person has been convicted of crimes relating to prostitution.

AB50,830,22 7. The person has been convicted of crimes relating to loaning money or anything of value to persons holding licenses or permits pursuant to ch. 125.

AB50,830,23 8. The person is under the age of 21.

AB50,831,2 9. The person has not been a resident of this state continuously for at least 90 days prior to the application date.

AB50,831,8 (cm) An applicant with 20 or more employees may not receive a permit under this section unless the applicant certifies to the department that the applicant has entered into a labor peace agreement and will abide by the terms of the agreement as a condition of maintaining a valid permit under this section. The applicant shall submit to the department a copy of the page of the labor peace agreement that contains the signatures of the labor organization representative and the applicant.

AB50,831,18 (cn) The department shall use a competitive scoring system to determine which applicants are eligible to receive a permit under this section. The department shall 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. The department may deny a permit to an applicant with a low score as determined under this paragraph. The department may request that the applicant provide any information or documentation that the department deems necessary for purposes of making a determination under this paragraph.

AB50,832,3 (d) 1. Before the department issues a new or renewed permit under this section, the department shall give notice of the permit application to the governing body of the municipality where the permit applicant intends to operate the premises of a marijuana producer or marijuana processor. No later than 30 days after the department submits the notice, the governing body of the municipality may file with the department a written objection to granting or renewing the permit. At the municipality’s request, the department may extend the period for filing objections.

AB50,832,17 2. A written objection filed under subd. 1. shall provide all the facts on which the objection is based. In determining whether to grant or deny a permit for which an objection has been filed under this paragraph, the department shall give substantial weight to objections from a municipality based on chronic illegal activity associated with the premises for which the applicant seeks a permit or the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, the conduct of the applicant’s patrons inside or outside the premises of any other operation in this state for which the applicant holds or has held a valid permit or license, and local zoning ordinances. In this subdivision, “chronic illegal activity” means a pervasive pattern of activity that threatens the public health, safety, and welfare of the municipality, including any crime or ordinance violation, and that is documented in crime statistics, police reports, emergency medical response data, calls for service, field data, or similar law enforcement agency records.

AB50,832,22 (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.

AB50,833,2 (f) 1. The department’s denial of a permit under this section is subject to judicial review under ch. 227.

AB50,833,4 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.

AB50,833,6 (g) The department may not issue a permit under this section to any person that does not hold a valid certificate under s. 73.03 (50).

AB50,833,12 (3) Fees; term. (a) Each person that 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.

AB50,833,16 (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:

AB50,833,18 1. If the permittee plants, grows, cultivates, or harvests not more than 1,800 marijuana plants, $1,800.

AB50,833,20 2. If the permittee plants, grows, cultivates, or harvests more than 1,800 but not more than 3,600 marijuana plants, $2,900.

AB50,833,22 3. If the permittee plants, grows, cultivates, or harvests more than 3,600 but not more than 6,000 marijuana plants, $3,600.

AB50,834,2 4. If the permittee plants, grows, cultivates, or harvests more than 6,000 but not more than 10,200 marijuana plants, $5,100.

AB50,834,4 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.

AB50,834,8 (4) Schools. The department may not issue a permit under this section to operate any premises that is within 500 feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation facility, child care facility, public park, public transit facility, or library.

AB50,834,16 (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.

AB50,834,20 (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 under sub. (2) (cn).

AB50,835,2 (7) Penalties. (a) Unless another penalty is prescribed for the violation, any person that violates sub. (2), fails to pay the required fee under sub. (3), or violates any requirement 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.

AB50,835,9 (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 may not issue another permit to that person for a period of 2 years following the revocation. The department may suspend or revoke the permit of any permittee that violates s. 100.30, any provision of this section, or any rules promulgated under sub. (6). The department shall revoke the permit of any permittee who violates s. 100.30 3 or more times within a 5-year period.

AB50,1587 Section 1587. 94.57 of the statutes is created to read:

AB50,835,14 94.57 Testing laboratories. The department shall register entities as tetrahydrocannabinols testing laboratories. A registered laboratory may possess or manufacture tetrahydrocannabinols or drug paraphernalia and shall perform the following services:

AB50,835,16 (1) Test marijuana produced for the medical use of tetrahydrocannabinols for potency and for mold, fungus, pesticides, and other contaminants.

AB50,835,19 (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.

AB50,835,20 (3) Provide training on the following:

AB50,835,22 (a) The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana for the medical use of tetrahydrocannabinols.

AB50,835,23 (b) Security and inventory accountability procedures.

AB50,836,1 (c) The most recent research on the use of tetrahydrocannabinols.

AB50,1588 Section 1588. 97.26 of the statutes is created to read:

AB50,836,5 97.26 Labeling of food product as milk. (1) Prohibition. No person may label a food product as, or sell or offer for sale a food product that is labeled as, any type of “milk” unless the food product is at least one of the following:

AB50,836,6 (a) Milk, lowfat milk, skim milk, or nonfat dry milk.

AB50,836,7 (b) A product described in 21 CFR 131.110 to 131.147.

AB50,836,8 (c) Hooved or camelid mammals’ milk, as defined in s. 97.20 (1) (fm).

AB50,836,9 (2) Rules. The department shall promulgate rules to implement this section.

AB50,1589 Section 1589. 97.265 of the statutes is created to read:

AB50,836,14 97.265 Labeling food as a type of dairy product. (1) Dairy products. No person may label a food product as, or sell or offer for sale a food product that is labeled as, a type of dairy product described in s. 97.20 (1) (b) 3. to 5. or a similar term unless the food product is a dairy product, as defined in s. 97.20 (1) (b).

AB50,836,17 (2) Dairy ingredients. No person may label a food product as, or sell or offer for sale a food product that is labeled as, a type of dairy ingredient unless the food product is derived from at least one of the following:

AB50,836,18 (a) Milk, lowfat milk, skim milk, or nonfat dry milk.

AB50,836,19 (b) A product described in 21 CFR 131.110 to 131.147.

AB50,836,20 (c) Hooved or camelid mammals’ milk, as defined in s. 97.20 (1) (fm).