AB50: Bill Text

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).

AB50,836,21 (3) Rules. The department shall promulgate rules to implement this section.

AB50,1590 Section 1590. 97.57 (4) of the statutes is created to read:

AB50,837,5 97.57 (4) No person may sell or offer for sale wild rice labeled “traditionally harvested” unless the wild rice is harvested using traditional wild rice harvesting methods of American Indian tribes or bands, as defined by the department by rule. The department shall obtain the advice and recommendations of the Great Lakes Inter-Tribal Council, Inc., before promulgating a rule defining a traditional wild rice harvesting method.

AB50,1591 Section 1591. 97.59 of the statutes is amended to read:

AB50,837,20 97.59 Handling foods. No person in charge of any public eating place or other establishment where food products to be consumed by others are handled may knowingly employ any person handling food products who has a disease in a form that is communicable by food handling. If required by the local health officer or any officer of the department for the purposes of an investigation, any person who is employed in the handling of foods or is suspected of having a disease in a form that is communicable by food handling shall submit to an examination by the officer or by a physician, physician assistant, or advanced practice registered nurse prescriber designated by the officer. The expense of the examination, if any, shall be paid by the person examined. Any person knowingly infected with a disease in a form that is communicable by food handling who handles food products to be consumed by others and any persons knowingly employing or permitting such a person to handle food products to be consumed by others shall be punished as provided by s. 97.72.

AB50,1592 Section 1592. 100.145 of the statutes is created to read:

AB50,838,2 100.145 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).

AB50,1593 Section 1593. 100.2091 of the statutes is created to read:

AB50,838,7 100.2091 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.

AB50,838,12 (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.

AB50,838,21 (3) The department may enforce this section and may promulgate rules to implement and administer this section, including rules that define low-income households, and to align department rules with federal communications commission broadband rules. 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.

AB50,839,4 (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.

AB50,1594 Section 1594. 100.2092 of the statutes is created to read:

AB50,839,10 100.2092 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.

AB50,839,14 (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.

AB50,839,18 (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.

AB50,839,21 (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.

AB50,839,23 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

AB50,840,2 (f) A broadband service provider shall give a subscriber at least 30 days’ advance written notice before instituting a rate increase.

AB50,840,5 (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.

AB50,840,8 (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.

AB50,840,11 (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.

AB50,840,14 (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.

AB50,840,17 (k) A broadband service provider shall give a subscriber at least 10 days’ advance written notice of a change in a factor that may cause the originally disclosed broadband speed experience to vary.

AB50,840,22 (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.

AB50,841,3 (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:

AB50,841,4 (a) Television and other commercials.

AB50,841,5 (b) Internet and email advertisements.

AB50,841,6 (c) Print advertisements and bill inserts.

AB50,841,8 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

AB50,841,11 (3) Rules. The department may promulgate rules to implement and administer this section, including rules to align department rules with federal communications commission broadband rules.

AB50,841,15 (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.

AB50,841,17 (b) The department or a district attorney may institute civil proceedings under this section.

AB50,1595 Section 1595. 100.306 of the statutes is created to read:

AB50,841,20 100.306 Prohibited selling practices upon the occurrence of a severe thunderstorm. (1) Definitions. In this section:

AB50,841,22 (a) “Consumer goods or services” means goods or services that are used primarily for personal, family, or household purposes.

AB50,842,2 (b) “Restoration and mitigation services provider” means a person that provides a service to prevent further damage or provide protection to property following a fire, smoke, water, or storm event.

AB50,842,4 (c) “Severe thunderstorm” means a weather event in which any of the following occurs:

AB50,842,5 1. Hail that is one inch or greater in diameter.

AB50,842,6 2. Wind gusts in excess of 50 knots.

AB50,842,7 3. A tornado.

AB50,842,12 (2) Prohibition. Upon the occurrence of a severe thunderstorm, a residential building contractor, tree trimmer, or restoration and mitigation services provider operating within the geographic region impacted by the severe thunderstorm and repairing damage caused by the severe thunderstorm may not do any of the following:

AB50,842,15 (a) Charge an unreasonably excessive price for labor in comparison to the market price charged for comparable services in the geographic region impacted by the severe thunderstorm.

AB50,842,19 (b) Charge an insurance company a rate for a consumer good or service that exceeds what the residential building contractor, tree trimmer, or restoration and mitigation services provider would otherwise charge a member of the general public for the consumer good or service.

AB50,842,22 (3) Rules. The department shall promulgate rules to establish formulas or other standards to be used in determining whether a price for labor is unreasonably excessive under sub. (2) (a).

AB50,843,3 (4) Enforcement; penalty. If a person violates sub. (2), the department or, after consulting with the department, the department of justice may commence an action against a person in the name of the state to recover a civil forfeiture of not more than $1,000 per violation or to temporarily or permanently restrain or enjoin the person from violating sub. (2), or both.

AB50,1596 Section 1596. 101.91 (5m) of the statutes is amended to read:

AB50,843,10 101.91 (5m) “Manufactured home community” means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community” does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister parents, children, or siblings of the farm owner or operator or where the occupants of the manufactured homes work on the farm.

AB50,1597 Section 1597. 102.07 (5) (b) of the statutes is amended to read:

AB50,843,14 102.07 (5) (b) The parents, spouse, child, brother, sister, son-in-law, daughter- in-law, father-in-law, mother-in-law parent-in-law, brother-in-law, or sister-in-law of a farmer shall not be deemed the farmer’s employees.

AB50,1598 Section 1598. 102.07 (5) (c) of the statutes is amended to read: