AB56: Bill Text

AB56,1089 Section 1089. 85.61 (1) of the statutes is amended to read:

AB56,677,17 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the commission on a continuous basis, no less often than monthly.

AB56,1090 Section 1090 . 86.195 (5) (c) of the statutes is amended to read:

AB56,677,25 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or, national origin , or status as a holder or nonholder of a license under s. 343.03 (3m).

AB56,1091 Section 1091. 86.30 (2) (a) 3. of the statutes is amended to read:

AB56,678,5 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $2,202 $2,389 in calendar year 2017 2019 and $2,389 $2,628 in calendar year 2018 2020 and thereafter.

AB56,1092 Section 1092. 86.30 (9) (b) of the statutes is amended to read:

AB56,678,11 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $98,400,200 $111,093,800 in calendar year 2017 2019 and $111,093,800 $122,203,200 in calendar year 2018 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

AB56,1093 Section 1093. 86.30 (9) (c) of the statutes is amended to read:

AB56,678,18 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $321,260,500 $348,639,300 in calendar year 2017 2019 and $348,639,300 $383,503,200 in calendar year 2018 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

AB56,1094 Section 1094. 86.31 (3g) of the statutes is amended to read:

AB56,679,2 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,127,000 in fiscal years 2014-15 to 2016-17 and $5,393,400 in fiscal year years 2017-2018 and 2018-19, $5,569,400 in fiscal year 2019-20, and $5,688,400 in fiscal year 2020-21 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB56,1095 Section 1095. 86.31 (3m) of the statutes is amended to read:

AB56,679,10 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,732,500 in fiscal years 2011-12 to 2016-17 and $5,923,600 in fiscal year years 2017-18 and 2018-19, $6,033,600 in fiscal year 2019-20, and $6,162,400 in fiscal year 2020-21 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB56,1096 Section 1096. 86.31 (3r) of the statutes is amended to read:

AB56,679,18 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $976,500 in fiscal years 2009-10 to 2016-17 and $3,850,400 in fiscal year years 2017-18 and 2018-19, $3,867,700 in fiscal year 2019-20, and $3,950,300 in fiscal year 2020-21 and each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB56,1097 Section 1097 . 86.51 of the statutes, as created by 2017 Wisconsin Act 368, is repealed.

AB56,1098 Section 1098. 93.06 (16) of the statutes is created to read:

AB56,679,23 93.06 (16) Farmer mental health assistance. Provide mental health assistance to farmers and farm families.

AB56,1099 Section 1099. 93.40 (1) (g) of the statutes is amended to read:

AB56,680,5 93.40 (1) (g) Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers , grants to local organizations that coordinate grazing, and grants to persons operating processing plants. In awarding grants to persons operating processing plants, the department shall give preference to persons operating small processing plants.

AB56,1100 Section 1100. 93.49 (3) (a) of the statutes is renumbered 93.49 (3) (a) (intro.) and amended to read:

AB56,680,12 93.49 (3) (a) (intro.) From the appropriation under s. 20.115 (4) (as), the department shall provide grants to school districts, in coordination with the department of public instruction, and to nonprofit organizations, farmers, and any other entities for the creation and expansion of farm to school programs. The department shall give preference to the following types of proposals:

AB56,680,14 2. Proposals that are innovative or that provide models that other school districts can adopt.

AB56,1101 Section 1101. 93.49 (3) (a) 1. of the statutes is created to read:

AB56,680,18 93.49 (3) (a) 1. Proposals from school districts in which a high percentage of pupils satisfy the income eligibility criteria under 42 USC 1758 (b) (1) for a free or reduced-price lunch.

AB56,1102 Section 1102. 94.57 of the statutes is created to read:

AB56,680,20 94.57 Medical cannabis. (1) Definitions. In this section:

AB56,680,24 (a) “Dispensary" means an entity licensed under this section that cultivates, acquires, manufactures, possesses, delivers, transfers, transports, sells, or dispenses cannabis, tetrahydrocannabinols, paraphernalia, or related supplies and educational materials to treatment teams and other dispensaries.

AB56,680,25 (b) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

AB56,681,2 (c) “Medication with tetrahydrocannabinols" has the meaning given in s. 146.44 (1) (c).

AB56,681,3 (d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

AB56,681,4 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

AB56,681,5 (f) “Treatment team" has the meaning given in s. 961.01 (20t).

AB56,681,6 (g) “Usable cannabis” has the meaning given in s. 961.01 (21f).

AB56,681,7 (h) “Written certification" has the meaning given in s. 146.44 (1) (h).

AB56,681,9 (2) Departmental powers and duties. (a) The department shall provide licensing, regulation, record keeping, and security for dispensaries.

AB56,681,12 (b) The department shall determine policies allowing entities to grow cannabis and distribute cannabis and tetrahydrocannabinols to dispensaries, shall develop security guidelines for the entities, and shall regulate such entities.

AB56,681,15 (3) Licensing. The department shall issue licenses to operate as a dispensary and shall decide which and how many applicants receive a license on the basis of all of the following:

AB56,681,16 (a) Convenience to treatment teams and the preferences of treatment teams.

AB56,681,18 (b) The ability of an applicant to provide to treatment teams a sufficient amount of tetrahydrocannabinols.

AB56,681,20 (c) The experience the applicant has running a nonprofit organization or a business.

AB56,681,22 (d) The preferences of the governing bodies with jurisdiction over the area in which the applicants are located.

AB56,681,24 (e) The ability of the applicant to keep records confidential and maintain a safe and secure facility.

AB56,681,25 (f) The ability of the applicant to abide by the prohibitions under sub. (4).

AB56,682,4 (4) Prohibitions. The department may issue a license under this section to an applicant only if the applicant has been a resident of this state for at least the 2 years immediately preceding the application. The department may not issue a license to, and must revoke a license of, any entity to which any of the following applies:

AB56,682,6 (a) The entity is located within 500 feet of a public or private elementary or secondary school, including a charter school.

AB56,682,9 (b) The dispensary distributes to a treatment team a number of cannabis plants or an amount of usable cannabis that, in the period of distribution, results in the treatment team possessing more than the maximum authorized amount.

AB56,682,13 (c) The dispensary possesses a number of cannabis plants or an amount of usable cannabis that exceeds the combined maximum authorized amount for all of the treatment teams that use the dispensary by a number or an amount determined by the department by rule to be unacceptable.

AB56,682,16 (5) Licensing procedure; fees; license term. (a) An application for a license under this section shall be in writing on a form provided by the department and include the licensing application fee under par. (b) 1.

AB56,682,18 (b) 1. A licensing application fee shall be an amount determined by the department but not less than $250.

AB56,682,20 2. The annual fee for a dispensary shall be an amount determined by the department but not less than $5,000.

AB56,682,23 (c) A dispensary license is valid unless revoked. Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.

AB56,682,25 (d) The department shall approve or deny an application for a dispensary license within 60 days after receiving it.

AB56,683,6 (6) Distribution of medical tetrahydrocannabinols. (a) A dispensary may deliver or distribute tetrahydrocannabinols and drug paraphernalia to a member of a treatment team only if done in a face-to-face transaction, if the dispensary receives a copy of the qualifying patient's written certification or registry identification card, and if the tetrahydrocannabinols are contained in or derived from cannabis grown in this state under par. (f).

AB56,683,8 (b) A dispensary may possess or manufacture tetrahydrocannabinols and drug paraphernalia with the intent to deliver or distribute under par. (a).

AB56,683,12 (c) An entity operating under policies determined under sub. (2) and rules promulgated under sub. (9) may possess tetrahydrocannabinols, possess or manufacture tetrahydrocannabinols with the intent to deliver or distribute to a dispensary, or deliver or distribute tetrahydrocannabinols to a dispensary.

AB56,683,14 (d) A dispensary may have 2 locations, one for cultivation or production and one for distribution.

AB56,683,20 (e) A dispensary shall have all tetrahydrocannabinols and cannabis tested for mold, fungus, pesticides, and other contaminants and may not distribute tetrahydrocannabinols or cannabis that test positive for mold, fungus, pesticides, or other contaminants if the contaminants, or level of contaminants, are identified by the testing laboratories under sub. (7) to be potentially unsafe to a qualifying patient's health.

AB56,683,23 (f) A dispensary or an entity operating under policies determined under sub. (2) and rules promulgated under sub. (9) may cultivate cannabis, including cultivating cannabis outdoors.

AB56,684,2 (7) Testing laboratories. The department shall register entities as tetrahydrocannabinols-testing laboratories. The laboratories may possess or manufacture tetrahydrocannabinols and drug paraphernalia and shall perform the following services:

AB56,684,4 (a) Test cannabis and tetrahydrocannabinols produced for dispensaries for potency and for mold, fungus, pesticides, and other contaminants.

AB56,684,6 (b) Research findings related to medication with tetrahydrocannabinols, including findings that identify potentially unsafe levels of contaminants.

AB56,684,11 (c) Provide training to persons who hold registry identification cards, treatment teams, persons employed by dispensaries, and entities that grow cannabis and distribute to dispensaries cannabis and tetrahydrocannabinols, as provided by policies determined under sub. (2) and rules promulgated under sub. (9), on the following:

AB56,684,13 1. The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of cannabis and tetrahydrocannabinols.

AB56,684,14 2. Security and inventory accountability procedures.

AB56,684,15 3. The most recent research on medication with tetrahydrocannabinols.

AB56,684,19 (8) Confidentiality. The department may disclose to a law enforcement agency only information necessary to verify that a dispensary has a license issued under this section, an entity is complying with policies determined under sub. (2) and rules promulgated under sub. (9), or an entity is registered under sub. (7).

AB56,685,3 (9) Rules. The department may promulgate rules to administer and enforce this section. The department may use the procedure under s. 227.24 to promulgate rules under this section. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB56,1103 Section 1103 . 100.30 (2) (am) 1m. a., b., c., d. and e. and (c) 1g. and 1r. of the statutes are amended to read:

AB56,685,16 100.30 (2) (am) 1m. a. In the case of the retail sale of motor vehicle fuel by a refiner at a retail station owned or operated either directly or indirectly by the refiner, the refiner's lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner's retail sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel, plus a markup of 9.18 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retail station plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

AB56,686,4 b. In the case of the retail sale of motor vehicle fuel by a wholesaler of motor vehicle fuel, who is not a refiner, at a retail station owned or operated either directly or indirectly by the wholesaler of motor vehicle fuel, the invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale, and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or replacement cost of the motor vehicle fuel, plus a markup of 9.18 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retail station plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

AB56,686,16 c. In the case of the retail sale of motor vehicle fuel by a person other than a refiner or a wholesaler of motor vehicle fuel at a retail station, the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel, plus a markup of 6 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retailer plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

AB56,686,25 d. In the case of a retail sale of motor vehicle fuel by a refiner at a place other than a retail station, the refiner's lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner's retail sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the retailer as set forth in this subd. 1m. d.

AB56,687,10 e. In the case of a retail sale of motor vehicle fuel by a person other than a refiner at a place other than a retail station, the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the date of the sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the retailer as set forth in this subd. 1m. e.

AB56,687,19 (c) 1g. With respect to the wholesale sale of motor vehicle fuel by a refiner, “cost to wholesaler" means the refiner's lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner's wholesale sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel, to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the wholesaler as set forth in this subdivision.

AB56,688,5 1r. With respect to the wholesale sale of motor vehicle fuel by a person other than a refiner, “cost to wholesaler" means the invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date of the sale or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the wholesaler as set forth in this subdivision.

AB56,1104 Section 1104. 102.01 (2) (ad) of the statutes is repealed.

AB56,1105 Section 1105. 102.01 (2) (ar) of the statutes is repealed.

AB56,1106 Section 1106. 102.01 (2) (dm) of the statutes is amended to read:

AB56,688,11 102.01 (2) (dm) “Order" means any decision, rule, regulation, direction, requirement, or standard of the department or the division, or any other determination arrived at or decision made by the department or the division.

AB56,1107 Section 1107. 102.04 (2r) (b) of the statutes is amended to read:

AB56,688,16 102.04 (2r) (b) The franchisor has been found by the department or the division to have exercised a type or degree of control over the franchisee or the franchisee's employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.

AB56,1108 Section 1108. 102.07 (8) (c) of the statutes is amended to read:

AB56,688,21 102.07 (8) (c) The division department may not admit in evidence any state or federal law, regulation, or document granting operating authority , or a license when determining whether an independent contractor meets the conditions specified in par. (b) 1. or 3.

AB56,1109 Section 1109. 102.07 (17m) of the statutes is amended to read:

AB56,689,2 102.07 (17m) A participant in a trial employment match program job subsidized employment placement under s. 49.147 (3) is an employee of any employer under this chapter for whom the participant is performing service at the time of the injury.

AB56,1110 Section 1110. 102.07 (20) of the statutes is amended to read: