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 retail establishment without having to pay the sales or excise taxes imposed on that sale. A “qualifying patient” is a person who is at least 18 and has been diagnosed by a physician as having a debilitating medical condition such as cancer, glaucoma, AIDS, or another specified condition or is undergoing a debilitating medical treatment.
Previous convictions relating to marijuana
The bill creates a process to review convictions for acts that have been decriminalized under the bill. If the person is currently serving a sentence or on probation for such a conviction, the person may petition a court to dismiss the conviction and expunge the record. If the person has completed a sentence or period of probation for such a conviction, the person may petition a court to expunge the record or, if applicable, redesignate it to a lower crime. Any conviction that is expunged under the bill is not considered a conviction for any purpose under state or federal law.
Registration for THC testing labs
The bill 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.
Discrimination based on marijuana use
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.
Under current law, an individual may be disqualified from receiving unemployment insurance benefits if they are 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.
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.
Drug screening and testing
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 (W2) 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 W2 and the Transform Milwaukee Jobs and Transitional Jobs programs does not include THC.
Under current law, DWD must establish a program to test claimants who apply for unemployment insurance (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.
MILITARY AFFAIRS
Tuition grant program for national guard members
The bill makes changes to DMA’s tuition grant program relating to the grant amount awarded to national guard members for higher education as well as the name of the grants.
Under current law, DMA awards tuition grants to eligible national guard members enrolled in qualifying schools, which include public and private institutions of higher education. The amount of the tuition grant payment is equal to 100 percent of the actual tuition charged by the guard member’s school or 100 percent of the maximum resident undergraduate tuition charged by the UW-Madison for a comparable number of credits, whichever amount is less.
The bill specifies that, in calculating the amount of tuition charged by a qualifying school, the amount includes tuition and segregated fees if the school is a UW System institution and includes program fees and incidental fees if the school is a technical college. The bill also renames grants awarded under the program as “educational grants” rather than “tuition grants.” The bill further specifies that, subject to exceptions, if an eligible guard member receives an educational grant, no other award of financial aid to the guard member may be reduced because of the educational grant.
Incumbent local exchange carrier grants
Under current law, DMA operates a grant program to reimburse incumbent local exchange carriers operating as originating service providers for costs associated with Next Generation 911. Currently, no moneys may be encumbered from the appropriation that funds the grant program after June 30, 2027. The bill removes the June 30, 2027, end date for encumbering funds under the grant program.
Costs eligible for disaster assistance payment grants
Under current law, DMA may make payments from state disaster assistance appropriation accounts to eligible local governmental units for costs that are a direct result of certain disasters, including eligible costs of debris removal; certain emergency protective measures for the protection of life, public health, and property; and certain damage to roads and bridges. The bill directs that the costs eligible for such payments include certain categories of work designated by the Federal Emergency Management Agency’s public assistance program, including the program’s Category D, regarding water control facilities; Category E, regarding public buildings and contents; Category F, regarding public utilities; and Category G, regarding parks, recreation, and other facilities.
Under current law, DMA may also make payments from a state disaster assistance appropriation account to local governmental units for the damages and costs incurred as the result of a disaster if 1) the disaster is not eligible for other funding related to a presidentially declared “major disaster,” or 2) DMA determines the disaster does not meet a certain per capita impact indicator. Additionally, the local governmental unit receiving the payment must pay for 30 percent of the amount of damages and costs resulting from the disaster. The bill requires DMA to provide a $68,100 payment in fiscal year 2025–26 from the same state disaster assistance appropriation account to the Town of Westport, exempts the payment from the program’s eligibility requirement, and exempts the town from the 30 percent payment requirement.
NATURAL RESOURCES
Fish, game, and wildlife
Hunting, fishing, and trapping fees
Under current law, DNR issues hunting, fishing, and trapping licenses, permits, and other approvals and charges a fee to issue most approvals. The bill increases hunting, fishing, and trapping approval fees. The following table includes a sample of these fee increases (“NR” indicates nonresident):
Deer carcass disposal sites
The bill requires DNR to provide financial assistance to local governments, individuals, businesses, and nonprofit conservation organizations to purchase large metal containers for the disposal of deer carcasses.
Fish, wildlife, and parks program operations
The bill creates an appropriation, from moneys in the conservation fund that DNR receives from forestry activities, for the operation of fish, wildlife, and parks programs.
Endangered resources funding match
Under current law, DNR administers the endangered resources program, which includes improving habitats for endangered or threatened species, conducting the natural heritage inventory, conducting wildlife research and surveys, providing wildlife management services, and providing for wildlife damage control. Current law appropriates from the general fund to DNR an amount equal to the amount of gifts, grants, and bequests received for the program and any additional payments designated for the program by an individual filing an income tax return, not to exceed $500,000 in a fiscal year. The bill increases the limit to $950,000.
Forestry
Managed forest land fees
Under current law, DNR administers the managed forest land (MFL) program, under which the owner of a parcel of land designated as MFL makes an annual acreage share payment in lieu of property taxes. In exchange, the owner must comply with certain forestry practices and, subject to exceptions, must open the land to the public for recreational activities. Certain actions relating to a parcel designated as MFL must be recorded by the appropriate register of deeds and DNR must pay any required fee for the recording.
Under current law, MFL may be transferred from one owner to another with payment of a $100 fee, which is deposited in the conservation fund. Of that amount, $20 is credited to a DNR appropriation for the payment of register of deed fees. Land may also be withdrawn from the MFL program with payment of a $300 fee.
Under the bill, $100 transfer fees and $300 withdrawal fees are deposited in the conservation fund and credited to the DNR appropriation for the payment of fees to the registers of deeds.
Wildfire suppression reimbursement
Under current law, DNR administers the fire suppression aids program, which provides grants to counties, cities, villages, towns, and fire suppression organizations to assist with the cost of training and supplies for fire suppression. The bill appropriates to DNR, from the conservation fund, a sum sufficient to reimburse local fire departments under the program.
Forestry-industry-wide strategic plan
The bill requires DNR to develop a forestry-industry-wide strategic plan and road map and to submit a final report on this plan to the Council on Forestry no later than September 16, 2026.
Transfer from forestry account to transportation fund
The bill transfers $25,000,000 from the forestry account of the conservation fund to the transportation fund.
Transfer to forestry account
The bill modifies the amount of GPR to be transferred to the conservation fund for forestry purposes. Under current law, an amount equal to 0.1697 mills for each dollar of equalized property value in the state is transferred. The bill modifies the amount of the transfer to 0.1406 mills for each dollar of equalized property value in the state. Current law requires funds transferred in this manner to be used for acquiring, preserving, and developing the forests of the state and for various other purposes related to forestry.
Navigable waters
Great Lakes and Mississippi River erosion control revolving loan programs
The bill requires DNR to administer revolving loan programs to assist municipalities and owners of homes located on the shore of Lake Michigan, Lake Superior, or the Mississippi River where the structural integrity of municipal buildings or homes is threatened by erosion of the shoreline. Under the bill, moneys for the programs are provided from the environmental fund, the segregated fund used to finance environmental management programs administered by DNR and pollution abatement programs administered by DNR and DATCP. The bill requires DNR to promulgate rules to administer the programs, including eligibility requirements and income limitations, and authorizes DNR to promulgate emergency rules for the period before permanent rules take effect.
Bonding for dam safety projects
Under current law, the state may contract up to $39,500,000 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 $15,000,000.
Recreation
Outdoor skills training program
The bill changes which appropriation from the conservation fund pays for an outdoor skills training program. Under current law, the UW System must enter into an agreement with an established national organization that provides training to persons who are interested in learning about the outdoor skills needed by women to hunt, fish, camp, canoe, and undertake other outdoor recreational activities in order to provide that type of training to interested persons.
Free admission to state parks for fourth 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 pupil receiving a fourth 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.
State park admission and camping fee waivers for tribal members
The bill requires DNR to waive the fee for an annual vehicle admission receipt issued to a member of a federally recognized American Indian tribe or band located in this state. Under current law generally, 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 also requires DNR to waive the camping fee for a member of a federally recognized American Indian tribe or band located in this state. Under current law generally, no person may camp in a state campground unless the applicable camping fee is paid.
Interpretive programs in state forests
Current law provides that all moneys received from fees charged for admission to educational and interpretive programs in state parks are appropriated for the costs associated with those programs. The bill adds moneys received from fees charged for admission to those programs in state forests to this appropriation, to be used for the costs associated with those programs.
Kenosha Dunes restoration funding
The bill appropriates moneys from the general fund to DNR for erosion control projects in the Kenosha Dunes unit of the Chiwaukee Prairie state natural area in Kenosha County.
Credit card fee recovery
The bill provides that DNR may collect a credit card handling fee to cover credit card transaction costs incurred in collecting fees for vehicle admission receipt and camping fees that are paid for by using a credit card. The bill requires DNR to promulgate rules establishing the amount of the fee, which may not be more than the amount necessary to cover the costs of using a credit card for fee payment.
General natural resources
Warren Knowles-Gaylord Nelson Stewardship 2000 Program
The bill reauthorizes the Warren Knowles-Gaylord Nelson Stewardship 2000 Program (stewardship program) until 2036 and makes various changes to the program.
Current law authorizes the state to incur public debt for certain conservation activities under the stewardship 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 or state aid to certain local governmental units and nonprofit conservation organizations (NCOs) to acquire land for these purposes. Current law establishes the amounts that DNR may obligate in each fiscal year through fiscal year 2025–26 for expenditure under each of five subprograms of the stewardship program.
The bill increases the total amount that may be obligated for the stewardship program from $33,250,000 each fiscal year to $83,000,000 each fiscal year beginning with fiscal year 2026–27 and ending with fiscal year 2035–36.
Moneys obligated under the stewardship program are appropriated from the capital improvement fund (CIF) and stewardship bond proceeds are deposited into CIF. Current law provides that, in obligating moneys under the subprogram for land acquisition, DNR must set aside certain amounts to be obligated only for DNR to acquire land and to provide grants to counties for land acquisition (county forest grants). Specifically, the set-aside for DNR land acquisition each fiscal year is $1,000,000 plus the amount transferred to CIF under an appropriation that transfers from moneys received for forestry activities (the forestry account) to CIF $5,000,000 in each fiscal year. The set-aside for county forest grants is equal to the amount transferred to CIF under an appropriation that transfers from the forestry account to CIF $3,000,000 in each fiscal year. The bill ends these annual transfers from the forestry account to CIF beginning in fiscal year 2026–27 and replaces the corresponding set-aside requirements under the land acquisition subprogram with appropriations that directly fund those purposes from the conservation fund, not the stewardship program. Specifically, the bill appropriates $6,000,000 each fiscal year from the conservation fund for DNR land acquisitions and $3,000,000 each fiscal year from the forestry account for county forest grants. The $6,000,000 that the bill appropriates directly each fiscal year for DNR land acquisitions is $1,000,000 more than the amount currently transferred to CIF and set aside for this purpose, and in addition the bill continues to provide a $1,000,000 set-aside for this purpose under the land acquisition subprogram of the stewardship program. The bill provides that any amount in CIF remaining from the amounts transferred from the forestry account in fiscal years 2022–23, 2023–24, 2024–25, and 2025–26 is transferred back to the forestry account in fiscal year 2026–27.
The bill eliminates a current law provision that states that, of the amount set aside under the land acquisition subprogram for DNR to acquire land, DNR may not use more than one-third to acquire land in fee simple. In addition, the bill eliminates a provision requiring DNR to use at least two appraisals to determine the current fair market value of land that is the subject of a stewardship funding for an NCO or governmental unit if DNR estimates the fair market value of the land to exceed $350,000. The bill increases from $7,000,000 to $14,000,000 the amount under the land acquisition subprogram that must be set aside for grants to nonprofit conservation organizations each fiscal year.
The bill renames the property development and local assistance subprogram to be the “state property development and local parks and recreation subprogram,” and increases from $14,250,000 to $51,500,000 the amount in each fiscal year that may be obligated under the subprogram. Of that amount, the bill increases from $5,000,000 to $15,450,000 the amount that DNR must obligate for property development each fiscal year and increases from $9,250,000 to $36,050,000 the amount that DNR must obligate for local assistance each fiscal year.
The bill increases from $500,000 to $2,500,000 the amount that DNR is required to set aside each fiscal year, from the amounts obligated for property development, for grants to friends groups and NCOs for property development activities on DNR properties. The bill also increases from $20,000 to $50,000 the maximum amount that DNR may encumber per DNR property for these grants in each fiscal year.
The bill creates a motorized recreation grant program funded from stewardship moneys, under which DNR may award a grant to a county, city, village, town, or recreational vehicle club either to acquire land for the purpose of establishing an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail (treated as obligated from the land acquisition subprogram) or to construct a trail crossing for an all-terrain vehicle trail, off-highway motorcycle trail, or snowmobile trail as part of an interchange project (treated as obligated from the state property development and local parks and recreation subprogram). The bill requires DNR to allocate $5,000,000 in each fiscal year for these grants.
The bill renames the recreational boating aids subprogram to be the “local recreation boat facilities subprogram” and increases from $3,000,000 to $9,000,000 the amount in each fiscal year that DNR may obligate under the subprogram. The bill eliminates DNR’s authority under current law to use funds, whether stewardship or other funds, for recreational boating project feasibility studies. The bill changes one of the factors that DNR must consider in establishing priorities for projects from “projects underway” to “projects in a state of readiness.”
The bill creates two new programs and funds them with appropriations from the general fund. Specifically, the bill creates a grant program for nonprofit conservation organizations to support wildlife and habitat management, and a tribal co-management program under which DNR must coordinate with the federally recognized American Indian tribes or bands domiciled in this state in the management of education infrastructure, land management activities, and other activities on DNR land.
Nonprofit conservation organization grants
Under current law, DNR is authorized to provide grants to nonprofit conservation organizations for a variety of conservation purposes, including acquisition of property, encouraging land management activities that enhance the state’s natural resources, and providing technical assistance.
The bill creates an appropriation to DNR from the general fund for the purpose of providing grants to nonprofit conservation organizations and requires DNR to award grants in the 2025–26 fiscal year to the following organizations: 1) Gathering Waters, 2) the Natural Resources Foundation of Wisconsin, 3) River Alliance of Wisconsin, and 4) Wisconsin Lakes.
Building demolition
The bill creates a continuing appropriation from the general fund to DNR for the demolition of buildings on DNR-owned property.
Wild rice stewardship
The bill appropriates to DNR from the general fund moneys for wild rice stewardship efforts within the waters of areas where American Indian tribes or bands hold treaty-based rights to harvest wild rice. The bill provides that not less than $50,000 of the amounts appropriated for each fiscal year must be allocated for public education and outreach pertaining to wild rice harvesting.
Off-highway motorcycle sales tax collection
Under current law, 1 percent of sales and use taxes on all-terrain vehicles, utility terrain vehicles, boats, and snowmobiles are deposited in the segregated conservation fund. The bill provides that 1 percent of sales and use taxes on off-highway motorcycles are deposited in the conservation fund and credited to the DNR appropriation for off-highway motorcycle administration.
Funding from Indian gaming receipts
Current law and Indian gaming compacts require DOA to transfer portions of Indian gaming receipts to certain DNR appropriations annually. At the end of each fiscal year, unobligated funds from programs that receive tribal gaming revenues revert to the appropriation account to which Indian gaming receipts are credited.
The bill 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 also creates a new appropriation to DNR for providing grants to federally recognized American Indian tribes or bands for maintenance and repair of fish hatcheries operated by the tribe or band.
