Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,91,17 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

SB70-SSA2-SA2,91,19 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises owned by the individual or under the individual's control.

SB70-SSA2-SA2,91,20 (b) Encourages or contributes to a violation of sub. (2) (a).

SB70-SSA2-SA2,91,24 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following:

SB70-SSA2-SA2,91,25 (a) Except as provided in par. (b), a Class I felony.

SB70-SSA2-SA2,92,4 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered has not attained the legal age and the actual or intended seller, distributor, or deliverer is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.

SB70-SSA2-SA2,92,7 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by not more than one ounce is subject to a civil forfeiture not to exceed $1,000.

SB70-SSA2-SA2,92,9 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by more than one ounce is one of the following:

SB70-SSA2-SA2,92,11 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

SB70-SSA2-SA2,92,14 2. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

SB70-SSA2-SA2,92,17 (c) A person who is not a permittee that possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

SB70-SSA2-SA2,92,19 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

SB70-SSA2-SA2,92,22 2. Except as provided in subd. 3., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both, if the number of marijuana plants that have reached the flowering stage is more than 12.

SB70-SSA2-SA2,93,2 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage and if the person has in place an extreme measure to avoid detection.

SB70-SSA2-SA2,93,4 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB70-SSA2-SA2,93,7 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB70-SSA2-SA2,87 Section 87. 967.055 (1m) (b) 5. of the statutes is repealed.

SB70-SSA2-SA2,88 Section 88. 971.365 (1) (a) of the statutes is amended to read:

SB70-SSA2-SA2,93,13 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-SSA2-SA2,89 Section 89. 971.365 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA2,93,18 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-SSA2-SA2,90 Section 90. 971.365 (1) (c) of the statutes is amended to read:

SB70-SSA2-SA2,93,23 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70-SSA2-SA2,91 Section 91. 971.365 (2) of the statutes is amended to read:

SB70-SSA2-SA2,94,6 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

SB70-SSA2-SA2,92 Section 92. 973.016 of the statutes is created to read:

SB70-SSA2-SA2,94,11 973.016 Special disposition for marijuana-related crimes. (1) Resentencing persons serving a sentence or probation. (a) A person serving a sentence or on probation may request resentencing or dismissal as provided under par. (b) if all of the following apply:

SB70-SSA2-SA2,94,13 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-SSA2-SA2,94,14 2. One of the following applies:

SB70-SSA2-SA2,94,16 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

SB70-SSA2-SA2,94,18 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

SB70-SSA2-SA2,94,20 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request resentencing, adjustment of probation, or dismissal.

SB70-SSA2-SA2,95,3 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall resentence the person or adjust the probation and change the record to reflect the lesser crime, and, if the court determines that par. (a) 2. a. applies, the court shall dismiss the conviction and expunge the record. Before resentencing, adjusting probation, or dismissing a conviction under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB70-SSA2-SA2,95,5 3. If the court resentences the person or adjusts probation, the person shall receive credit for time or probation served for the relevant offense.

SB70-SSA2-SA2,95,9 (2) Redesignating offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction because the conviction is legally invalid or redesignation to a lesser crime if all of the following apply:

SB70-SSA2-SA2,95,11 1. The sentence or probation period was imposed for a violation of s. 961.41 (1) (h), 2021 stats., s. 961.41 (1m) (h), 2021 stats., or s. 961.41 (3g) (e), 2021 stats.

SB70-SSA2-SA2,95,12 2. One of the following applies:

SB70-SSA2-SA2,95,14 a. The person would not have been guilty of a crime had the violation occurred on or after the effective date of this subd. 2. a. .... [LRB inserts date].

SB70-SSA2-SA2,95,16 b. The person would have been guilty of a lesser crime had the violation occurred on or after the effective date of this subd. 2. b. .... [LRB inserts date].

SB70-SSA2-SA2,95,18 (b) 1. A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement or redesignation.

SB70-SSA2-SA2,95,25 2. If the court receiving a petition under subd. 1. determines that par. (a) applies, the court shall schedule a hearing to consider the petition. At the hearing, if the court determines that par. (a) 2. b. applies, the court shall redesignate the crime to a lesser crime and change the record to reflect the lesser crime, and if the court determines that par. (a) 2. a. applies, the court shall expunge the conviction. Before redesignating or expunging under this subdivision, the court shall determine that the action does not present an unreasonable risk of danger to public safety.

SB70-SSA2-SA2,96,4 (3) Effect of resentencing, dismissal, redesignation, or expungement. If the court changes or expunges a record under this section, a conviction that was changed or expunged is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

SB70-SSA2-SA2,9128 Section 9128. Nonstatutory provisions; Legislature.

SB70-SSA2-SA2,96,11 (1) Joint legislative council study. The joint legislative council shall study the implementation of the marijuana tax and regulation provided under subch. IV of ch. 139 and identify uses for the revenues generated by the tax. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance no later than 2 years after the effective date of this subsection.”.

SB70-SSA2-SA2,96,12 208. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,96,13 “ Section 9137. Nonstatutory provisions; Revenue

SB70-SSA2-SA2,96,18 “(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-SSA2-SA2,96,19 209. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,96,20 “ Section 93. 125.06 (6) of the statutes is amended to read:

SB70-SSA2-SA2,96,24 125.06 (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-SSA2-SA2,94 Section 94. 125.09 (6) of the statutes is amended to read:

SB70-SSA2-SA2,97,4 125.09 (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-SSA2-SA2,97,5 210. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,97,6 “ Section 9137. Nonstatutory provisions; Revenue

SB70-SSA2-SA2,97,8 (7m) Closing hours exception for certain alcohol beverage retailers during the Republican National Convention in Milwaukee.

SB70-SSA2-SA2,97,9 (a) In this subsection:

SB70-SSA2-SA2,97,10 1. “Municipality” has the meaning given in s. 125.02 (11).

SB70-SSA2-SA2,97,14 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-SSA2-SA2,97,20 (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-SSA2-SA2,97,24 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-SSA2-SA2,98,6 (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-SSA2-SA2,98,10 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-SSA2-SA2,98,11 211. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,98,12 “ Section 95. 25.36 of the statutes is repealed.

SB70-SSA2-SA2,96 Section 96. 20.855 (4) (bv) of the statutes is repealed.

SB70-SSA2-SA2,9448 Section 9448. Effective dates; Veterans Affairs.

SB70-SSA2-SA2,98,16 (1) Repeal of veterans trust fund. The treatment of ss. 25.36 and 20.855 (4) (bv) takes effect on July 1, 2025.”.

SB70-SSA2-SA2,98,17 212. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,98,18 “ Section 97. 20.485 (1) (gk) of the statutes is amended to read:

SB70-SSA2-SA2,99,12 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-SSA2-SA2,9148 Section 9148. Nonstatutory provisions; Veterans Affairs.

SB70-SSA2-SA2,99,19 (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-SSA2-SA2,9248 Section 9248. Fiscal changes; Veterans Affairs.

SB70-SSA2-SA2,99,23 (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-SSA2-SA2,99,24 213. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,100,1 “ Section 98. 45.82 (2) of the statutes is amended to read:

SB70-SSA2-SA2,100,15 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-SSA2-SA2,99 Section 99. 45.82 (3) of the statutes is repealed.

SB70-SSA2-SA2,100 Section 100. 45.82 (4) of the statutes is amended to read:

SB70-SSA2-SA2,101,2 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-SSA2-SA2,101,3 214. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,101,5 “ Section 101. 20.485 (2) (vm) (title) of the statutes is repealed and recreated to read:

SB70-SSA2-SA2,101,6 20.485 (2) (vm) (title) Veterans assistance grants.

SB70-SSA2-SA2,102 Section 102. 45.40 (title) of the statutes is repealed and recreated to read:

SB70-SSA2-SA2,101,8 45.40 (title) Veterans assistance grants.

SB70-SSA2-SA2,103 Section 103. 45.40 (1g) (a) of the statutes is amended to read:

SB70-SSA2-SA2,101,14 45.40 (1g) (a) “Health care provider" means an advanced practice nurse prescriber certified under s. 441.16 (2), an audiologist licensed under ch. 459, a dentist licensed under ch. 447, an optometrist licensed under ch. 449, a physician licensed under s. 448.02, or a podiatrist licensed under s. 448.63 has the meaning given in s. 146.81 (1) and includes an ambulatory surgery center.

SB70-SSA2-SA2,104 Section 104. 45.40 (1m) (a) of the statutes is amended to read:

SB70-SSA2-SA2,102,6 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.