AB56: Bill Text

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:

AB56,689,12 102.07 (20) An individual who is performing services for a person participating in the self-directed services option, as defined in s. 46.2897 (1), for a person receiving long-term care benefits under s. 46.27, 46.275 , or 46.277 or under any children's long-term support waiver program on a self-directed basis, or for a person receiving the Family Care benefit, as defined in s. 46.2805 (4), or benefits under the Family Care Partnership program, as described in s. 49.496 (1) (bk) 3., on a self-directed basis and who does not otherwise have worker's compensation coverage for those services is considered to be an employee of the entity that is providing financial management services for that person.

AB56,1111 Section 1111. 102.11 (1) (am) 1. of the statutes is amended to read:

AB56,689,20 102.11 (1) (am) 1. The employee is a member of a class of employees that does the same type of work at the same location and, in the case of an employee in the service of the state, is employed in the same office, department, independent agency, authority, institution, association, society, or other body in state government or, if the department or the division determines appropriate, in the same subunit of an office, department, independent agency, authority, institution, association, society, or other body in state government.

AB56,1112 Section 1112. 102.12 of the statutes is amended to read:

AB56,690,15 102.12 Notice of injury, exception, laches. No claim for compensation may be maintained unless, within 30 days after the occurrence of the injury or within 30 days after the employee knew or ought to have known the nature of his or her disability and its relation to the employment, actual notice was received by the employer or by an officer, manager or designated representative of an employer. If no representative has been designated by posters placed in one or more conspicuous places where notices to employees are customarily posted, then notice received by any superior is sufficient. Absence of notice does not bar recovery if it is found that the employer was not misled by that absence. Regardless of whether notice was received, if no payment of compensation, other than medical treatment or burial expense, is made, and if no application is filed with the department within 2 years after the date of the injury or death or the date the employee or his or her dependent knew or ought to have known the nature of the disability and its relation to the employment, the right to compensation for the injury or death is barred, except that the right to compensation is not barred if the employer knew or should have known, within the 2-year period, that the employee had sustained the injury on which the claim is based. Issuance of notice of a hearing on the motion of the department or the division has the same effect for the purposes of this section as the filing of an application. This section does not affect any claim barred under s. 102.17 (4).

AB56,1113 Section 1113. 102.13 (1) (c) of the statutes is amended to read:

AB56,690,24 102.13 (1) (c) So long as the employee, after a written request of the employer or insurer that complies with par. (b), refuses to submit to or in any way obstructs the examination, the employee's right to begin or maintain any proceeding for the collection of compensation is suspended, except as provided in sub. (4). If the employee refuses to submit to the examination after direction by the department, the division, or an examiner, or in any way obstructs the examination, the employee's right to the weekly indemnity that accrues and becomes payable during the period of that refusal or obstruction, is barred, except as provided in sub. (4).

AB56,1114 Section 1114. 102.13 (1) (d) 2. of the statutes is amended to read:

AB56,691,5 102.13 (1) (d) 2. Any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice nurse prescriber, or podiatrist who attended a worker's compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may be required to testify before the division department when the division department so directs.

AB56,1115 Section 1115. 102.13 (1) (d) 3. of the statutes is amended to read:

AB56,691,13 102.13 (1) (d) 3. Notwithstanding any statutory provisions except par. (e), any physician, chiropractor, psychologist, dentist, physician assistant, advanced practice nurse prescriber, or podiatrist attending a worker's compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may furnish to the employee, employer, worker's compensation insurer, or department, or division information and reports relative to a compensation claim.

AB56,1116 Section 1116. 102.13 (1) (f) of the statutes is amended to read:

AB56,691,17 102.13 (1) (f) If an employee claims compensation under s. 102.81 (1), the department or the division may require the employee to submit to physical or vocational examinations under this subsection.

AB56,1117 Section 1117. 102.13 (2) (a) of the statutes is amended to read:

AB56,692,4 102.13 (2) (a) An employee who reports an injury alleged to be work-related or files an application for hearing waives any physician-patient, psychologist-patient, or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any physician, chiropractor, psychologist, dentist, podiatrist, physician assistant, advanced practice nurse prescriber, hospital, or health care provider shall, within a reasonable time after written request by the employee, employer, worker's compensation insurer, or department, or division, or its representative, provide that person with any information or written material reasonably related to any injury for which the employee claims compensation.

AB56,1118 Section 1118. 102.13 (3) of the statutes is amended to read:

AB56,692,18 102.13 (3) If 2 or more physicians, chiropractors, psychologists, dentists, or podiatrists disagree as to the extent of an injured employee's temporary disability, the end of an employee's healing period, an employee's ability to return to work at suitable available employment or the necessity for further treatment or for a particular type of treatment, the department or the division may appoint another physician, chiropractor, psychologist, dentist, or podiatrist to examine the employee and render an opinion as soon as possible. The department or the division shall promptly notify the parties of this appointment. If the employee has not returned to work, payment for temporary disability shall continue until the department or the division receives the opinion. The employer or its insurance carrier, or both, shall pay for the examination and opinion. The employer or insurance carrier, or both, shall receive appropriate credit for any overpayment to the employee determined by the department or the division after receipt of the opinion.

AB56,1119 Section 1119. 102.13 (4) of the statutes is amended to read:

AB56,693,9 102.13 (4) The right of an employee to begin or maintain proceedings for the collection of compensation and to receive weekly indemnities that accrue and become payable shall not be suspended or barred under sub. (1) when an employee refuses to submit to a physical examination, upon the request of the employer or worker's compensation insurer or at the direction of the department, the division, or an examiner, that would require the employee to travel a distance of 100 miles or more from his or her place of residence, unless the employee has claimed compensation for treatment from a practitioner whose office is located 100 miles or more from the employee's place of residence or the department, division, or examiner determines that any other circumstances warrant the examination. If the employee has claimed compensation for treatment from a practitioner whose office is located 100 miles or more from the employee's place of residence, the employer or insurer may request, or the department, the division, or an examiner may direct, the employee to submit to a physical examination in the area where the employee's treatment practitioner is located.

AB56,1120 Section 1120. 102.13 (5) of the statutes is amended to read:

AB56,693,19 102.13 (5) The department or the division may refuse to receive testimony as to conditions determined from an autopsy if it appears that the party offering the testimony had procured the autopsy and had failed to make reasonable effort to notify at least one party in adverse interest or the department or the division at least 12 hours before the autopsy of the time and place at which the autopsy would be performed, or that the autopsy was performed by or at the direction of the coroner or medical examiner or at the direction of the district attorney for purposes not authorized under ch. 979. The department or the division may withhold findings until an autopsy is held in accordance with its directions.

AB56,1121 Section 1121. 102.14 (title) of the statutes is amended to read:

AB56,693,22 102.14 (title) Jurisdiction of department and division; advisory committee council.

AB56,1122 Section 1122. 102.14 (1) of the statutes is amended to read:

AB56,693,25 102.14 (1) Except as otherwise provided, this chapter shall be administered by the department and the division.

AB56,1123 Section 1123. 102.14 (2) of the statutes is amended to read:

AB56,694,9 102.14 (2) The council on worker's compensation shall advise the department and the division in carrying out the purposes of this chapter, shall submit its recommendations with respect to amendments to this chapter to each regular session of the legislature, and shall report its views upon any pending bill relating to this chapter to the proper legislative committee. At the request of the chairpersons of the senate and assembly committees on labor, the department shall schedule a meeting of the council with the members of the senate and assembly committees on labor to review and discuss matters of legislative concern arising under this chapter.

AB56,1124 Section 1124. 102.15 (1) of the statutes is amended to read:

AB56,694,12 102.15 (1) Subject to this chapter, the division department may adopt its own promulgate rules of procedure and may change the same from time to time.

AB56,1125 Section 1125. 102.15 (2) of the statutes is amended to read:

AB56,694,15 102.15 (2) The division department may provide by rule the conditions under which transcripts of testimony and proceedings shall be furnished.

AB56,1126 Section 1126. 102.16 (1) of the statutes is repealed and recreated to read:

AB56,695,6 102.16 (1) Any controversy concerning compensation or a violation of sub. (3), including a controversy in which the state may be a party, shall be submitted to the department in the manner and with the effect provided in this chapter. Every compromise of any claim for compensation may be reviewed and set aside, modified, or confirmed by the department within one year after the date on which the compromise is filed with the department, the date on which an award has been entered based on the compromise, or the date on which an application for the department to take any of those actions is filed with the department. Unless the word “compromise" appears in a stipulation of settlement, the settlement shall not be considered a compromise, and further claim is not barred except as provided in s. 102.17 (4) regardless of whether an award is made. The employer, insurer or dependent under s. 102.51 (5) shall have equal rights with the employee to have a compromise or any other stipulation of settlement reviewed under this subsection. Upon petition filed with the department under this subsection, the department may set aside the award or otherwise determine the rights of the parties.

AB56,1127 Section 1127. 102.16 (1m) (a) of the statutes is amended to read:

AB56,695,24 102.16 (1m) (a) If an insurer or self-insured employer concedes by compromise under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured employer is liable under this chapter for any health services provided to an injured employee by a health service provider, but disputes the reasonableness of the fee charged by the health service provider, the department or the division may include in its order confirming the compromise or stipulation a determination made by the department under sub. (2) as to the reasonableness of the fee or, if such a determination has not yet been made, the department or the division may notify, or direct the insurer or self-insured employer to notify, the health service provider under sub. (2) (b) that the reasonableness of the fee is in dispute. The department or the division shall deny payment of a health service fee that the department determines under sub. (2) to be unreasonable. A health service provider and an insurer or self-insured employer that are parties to a fee dispute under this paragraph are bound by the department's determination under sub. (2) on the reasonableness of the disputed fee, unless that determination is set aside, reversed, or modified by the department under sub. (2) (f) or is set aside on judicial review as provided in sub. (2) (f).