Amendment AA10-SB70

SB70-AA10,146,19 45.40 (1m) (a) The department may provide subsistence payments to a veteran on a month-to-month basis or for a 3-month period. The department may pay subsistence aid for a 3-month period if the veteran will be incapacitated for more than 3 months and if earned or unearned income or aid from sources other than those listed in the application will not be available in the 3-month period. The department may provide subsistence payments only to a veteran who has suffered a loss of income due to illness, injury, or natural disaster. The department may grant subsistence aid under this subsection to a veteran whose loss of income is the result of abuse of alcohol or other drugs only if the veteran is participating in an alcohol and other drug abuse treatment program that is approved by the department. No payment may be made under this subsection if the veteran has other assets or income available to meet basic subsistence needs or if the veteran is eligible to receive aid from other sources to meet those needs. When determining the assets available to the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance.

SB70-AA10,278 Section 278. 45.40 (1m) (b) of the statutes is amended to read:

SB70-AA10,146,23 45.40 (1m) (b) The maximum amount that any veteran may receive under this subsection per occurrence during a consecutive 12-month period may not exceed $3,000 $5,000.

SB70-AA10,279 Section 279. 45.40 (2) (a) of the statutes is amended to read:

SB70-AA10,147,4 45.40 (2) (a) The department may provide health care aid to a veteran for dental care, including dentures; vision care, including eyeglass frames and lenses; and hearing care, including hearing aids; and for any other medical device prescribed by a health care provider.

SB70-AA10,280 Section 280. 45.40 (2m) (a) of the statutes is amended to read:

SB70-AA10,147,11 45.40 (2m) (a) The unremarried spouse and dependent children of a veteran who died on active duty, or in the line of duty while on active or inactive duty for training purposes, in the U.S. armed forces or forces incorporated in the U.S. armed forces are eligible to receive payments under subs. (1m) and (2) if the household income of those persons does not exceed the income limitations established under sub. (3m).

SB70-AA10,281 Section 281. 45.40 (3) of the statutes is amended to read:

SB70-AA10,147,14 45.40 (3) Limitations. The total cumulative amount that any veteran may receive under this section may not exceed $7,500 $10,000.”.

SB70-AA10,147,15 267. Page 374, line 11: after that line insert:

SB70-AA10,147,16 “ Section 282. 45.82 (2) of the statutes is amended to read:

SB70-AA10,148,6 45.82 (2) The department of veterans affairs shall award a grant annually to a county that meets the standards developed under this section if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after April 15, 2015, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans service officer developed and administered by the bureau of merit recruitment and selection in the department of administration, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The grant shall be $9,350 $18,700 for a county with a population of less than 20,000, $11,000 $22,000 for a county with a population of 20,000 to 45,499, $12,650 $25,300 for a county with a population of 45,500 to 74,999, and $14,300 $28,600 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

SB70-AA10,283 Section 283. 45.82 (3) of the statutes is repealed.

SB70-AA10,284 Section 284. 45.82 (4) of the statutes is amended to read:

SB70-AA10,148,17 45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vu) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants in an amount not to exceed $16,500 $33,000 per grant under this subsection and shall promulgate rules to implement this subsection.”.

SB70-AA10,148,18 268. Page 374, line 11: after that line insert:

SB70-AA10,148,19 “ Section 285. 20.485 (1) (gk) of the statutes is amended to read:

SB70-AA10,149,13 20.485 (1) (gk) Institutional operations. The amounts in the schedule for the care of the members of the Wisconsin veterans homes under s. 45.50, for the payment of stipends under s. 45.50 (2m) (f), for the transfer of moneys to the appropriation account under s. 20.435 (4) (ky) for payment of the state share of the medical assistance costs related to the provision of stipends under s. 45.50 (2m) (f), for the payment of assistance to indigent veterans under s. 45.43 to allow them to reside at the Wisconsin Veterans Home at Union Grove, for the transfer of moneys to the appropriation accounts under pars. (kc) and (kj), for the transfer of moneys in an amount up to $10,000,000 to the appropriation account under par. (ks), and for the payment of grants under s. 45.82. Not more than 1 percent of the moneys credited to this appropriation account may be used for the payment of assistance to indigent veterans under s. 45.43. All moneys received under par. (m) and s. 45.51 (7) (b) and (8) and all moneys received for the care of members under medical assistance, as defined in s. 49.43 (8), shall be credited to this appropriation account. All moneys transferred under 2023 Wisconsin Act .... (this act), section 9248 (1r), shall be credited to this appropriation account. Except for the moneys transferred under this paragraph to the appropriation account under par. (kc), no moneys may be expended from this appropriation for the purposes specified in par. (kc).

SB70-AA10,9148 Section 9148. Nonstatutory provisions; Veterans Affairs.

SB70-AA10,149,20 (1) Study for a master plan for the Wisconsin Veterans Home at King. From the appropriation under s. 20.485 (2) (u), during the 2023-25 fiscal biennium, the department of veterans affairs shall contract with a vendor to study the campus of the Wisconsin Veterans Home at King. The study shall provide a framework to guide decision-making for future operations and development on the campus of the Wisconsin Veterans Home at King. The study shall be completed before June 1, 2025.

SB70-AA10,9248 Section 9248. Fiscal changes; Veterans Affairs.

SB70-AA10,149,24 (1r) Veterans homes institutional operations. There is transferred from the general fund to the appropriation account under s. 20.485 (1) (gk) $10,000,000 in fiscal year 2023-24.”.

SB70-AA10,150,1 269. Page 374, line 11: after that line insert:

SB70-AA10,150,2 “ Section 286. 25.36 of the statutes is repealed.

SB70-AA10,287 Section 287. 20.855 (4) (bv) of the statutes is repealed.

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.